hemasar
06-22 09:57 AM
hemasar....dont give wrong information. Just becuse your colleague said that he got it does not make it a law. Please be prudent in providing correct legal information!
I am just sharing the information of one who got this experience. I am not claiming that is the law. None of us are attorneys. We are not giving any legal advice here. We are just sharing our knowledge and experience. What ever legal suggestions you provide here; are you taking any responsibility for that? No right? Just we are sharing our concerns, knowledge and experience. If you have any solid evidence that says USCIS will accept chest X-ray only after +/- skin test please share with us.
Thanks.
I am just sharing the information of one who got this experience. I am not claiming that is the law. None of us are attorneys. We are not giving any legal advice here. We are just sharing our knowledge and experience. What ever legal suggestions you provide here; are you taking any responsibility for that? No right? Just we are sharing our concerns, knowledge and experience. If you have any solid evidence that says USCIS will accept chest X-ray only after +/- skin test please share with us.
Thanks.
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maximus777
09-16 03:20 PM
done
shana04
07-21 09:05 AM
Friends / Gurus,
Please advice or suggest.
Here is my situation, filed I 485 in July 2007 and No FP done.
Called USCIS in Mar 2008 and opened a SR and got SR for my self in hard copy and an email for my wife that some one contacted about your case for FP and a notice will be mailed to with specific time and date.
And I waited this long and no notice has arrived for me and dates are current in Aug 2008.
Today (July 21 2008) I called USCIS and used the following menus.
2-6-1-(Enter Receipt Number)-1-1-3-1
And a representative has greeted very well and asked bunch of questions and asked to answer yes or no (no details just yes or no)
Then she said as the Background Clearance has not been done for my case, they would not send the FP. And to open a SR I have to wait at least 441 days from Receipt date of I485 to open SR.
When I asked about my wife's case, she replied the same in no FP has done then probably she has not got her background clearance yet. so need to wait for 441 days for her case too.
Then I said my dates are current and if no FP done then I would loose my chance and she replied that until background clearance is done no FP will be sent and they would not touch the case until then.
Friends / Gurus, any advice or please let me know how to follow up on this. I do not want to loose this opportunity.
Thanks in advance.
Shana
Please advice or suggest.
Here is my situation, filed I 485 in July 2007 and No FP done.
Called USCIS in Mar 2008 and opened a SR and got SR for my self in hard copy and an email for my wife that some one contacted about your case for FP and a notice will be mailed to with specific time and date.
And I waited this long and no notice has arrived for me and dates are current in Aug 2008.
Today (July 21 2008) I called USCIS and used the following menus.
2-6-1-(Enter Receipt Number)-1-1-3-1
And a representative has greeted very well and asked bunch of questions and asked to answer yes or no (no details just yes or no)
Then she said as the Background Clearance has not been done for my case, they would not send the FP. And to open a SR I have to wait at least 441 days from Receipt date of I485 to open SR.
When I asked about my wife's case, she replied the same in no FP has done then probably she has not got her background clearance yet. so need to wait for 441 days for her case too.
Then I said my dates are current and if no FP done then I would loose my chance and she replied that until background clearance is done no FP will be sent and they would not touch the case until then.
Friends / Gurus, any advice or please let me know how to follow up on this. I do not want to loose this opportunity.
Thanks in advance.
Shana
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Rune
August 27th, 2004, 01:12 AM
Here in Europe the biggest problem is ATMs that has been modified. The most simple modification is a simple loop inserted into the slot that tries to fool its victims into believing the machine ate their card. In addition a helpful person will appear and tell the victim that there's a secret code to be keyed in (999 + personal pin code) to make the machine spit out the card again...
Then they upped the stakes a bit. Today's con-person installs a small card reader at the ATM's slot. In addition there's a small camera (here's the relevant bit) that take pictures as people enter their code. This has been used and such equipment has even been recovered in atleast one case.
As for someone looking over your shoulder in the store, and perhaps even snapping a picture of it... Well, lets just say you don't want to leave your card out of sight. Don't assume your card is worthless plastic in someone else's hands.
We card users are basically using yesterday's (actually: last decade's/century's) technology to access our money while the countless villains out there are armed with today's technology. We're sitting ducks.
The card companies are reluctant to tell us this, but eventually as they roll out new technology (smart cards with bio-signatures) it will become blatantly apparent to everyone. Here in Norway they're scheduled to do this over the next year I think.
Then they upped the stakes a bit. Today's con-person installs a small card reader at the ATM's slot. In addition there's a small camera (here's the relevant bit) that take pictures as people enter their code. This has been used and such equipment has even been recovered in atleast one case.
As for someone looking over your shoulder in the store, and perhaps even snapping a picture of it... Well, lets just say you don't want to leave your card out of sight. Don't assume your card is worthless plastic in someone else's hands.
We card users are basically using yesterday's (actually: last decade's/century's) technology to access our money while the countless villains out there are armed with today's technology. We're sitting ducks.
The card companies are reluctant to tell us this, but eventually as they roll out new technology (smart cards with bio-signatures) it will become blatantly apparent to everyone. Here in Norway they're scheduled to do this over the next year I think.
more...
leoindiano
07-09 05:26 PM
What is strange ?? He used PP in June when it was still available. USCIS suspended PP only for new cases to process what they already had.
I can't wait to get the chance to upgrade mine .... not that I will do anything with it for a while (other than H1B extension) but is nice to have the approval in your pocket.
:rolleyes:
Dude, please read completely. He said there was no update on USCIS case status check online but he got approval notice. Isnt that strange?
I can't wait to get the chance to upgrade mine .... not that I will do anything with it for a while (other than H1B extension) but is nice to have the approval in your pocket.
:rolleyes:
Dude, please read completely. He said there was no update on USCIS case status check online but he got approval notice. Isnt that strange?
chinna2003
03-11 09:21 AM
I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
more...
gc28262
07-18 03:47 PM
On H1B it is illegal for employer to enforce bond:
Please read employees rights in DOL page:
Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)
Employee Rights
H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.
Please read employees rights in DOL page:
Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)
Employee Rights
H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.
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Munshi75
04-07 11:00 AM
I am almost sure that if your work place (physical presence ) happens to be at a Not-for -profit organization, you case would be a cap-exempt one. However, last year USCIS and lawyers association had a lengthy debate about the legal -wordings, over this issue and i have no idea what happened afterwards
more...
maine_gc
04-20 02:00 PM
I-94 also does not have the date written
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voldemar
03-26 10:10 PM
Hi,
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
AndyPeople on H4 not supposed to take job that normally would be paid. They can do trully volunteer job like community service, charity work any other work that don't have to be paid. In your case it's real work, because you will be paid for it after Oct.1. So employer will hire someone else to do this job till that date. If you work unpaid you replace this guy.
P.S. I'm not a lawyer ;)
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
AndyPeople on H4 not supposed to take job that normally would be paid. They can do trully volunteer job like community service, charity work any other work that don't have to be paid. In your case it's real work, because you will be paid for it after Oct.1. So employer will hire someone else to do this job till that date. If you work unpaid you replace this guy.
P.S. I'm not a lawyer ;)
more...
mhtanim
06-08 05:42 PM
I don't live in the tri-state...
I have my W-2's from 99 and 00 so no need to call the University.
What I dont have is the actual return (1040nr) which I "mailed" at that time.
Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!
For some reason, they picked on your case. This is really absurd that they are asking for 9 years old tax returns.
As some others have mentioned, I would recommend the same... consult with a good immigration attorney. Experienced immigration attorneys like Murthy, Rajiv Khanna or Matthew Oh probably have experience in dealing with these kind of situations. They should be able to give you better advice what to do.
I have my W-2's from 99 and 00 so no need to call the University.
What I dont have is the actual return (1040nr) which I "mailed" at that time.
Who in the world makes copies of a tax form that was actually mailed. Oh, and kept it for 9 years!!!
For some reason, they picked on your case. This is really absurd that they are asking for 9 years old tax returns.
As some others have mentioned, I would recommend the same... consult with a good immigration attorney. Experienced immigration attorneys like Murthy, Rajiv Khanna or Matthew Oh probably have experience in dealing with these kind of situations. They should be able to give you better advice what to do.
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Green.Tech
09-24 01:47 PM
Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.
Seba,
If you don't plan to start your GC process for the next few years (waiting to enroll in an MBA program), how do you intend to extend your H-1 beyond the alloted 6-year time frame?
Seba,
If you don't plan to start your GC process for the next few years (waiting to enroll in an MBA program), how do you intend to extend your H-1 beyond the alloted 6-year time frame?
more...
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Ramba
08-04 03:03 PM
Awaiting for the response from experts, kindly help.
Appears like more complications. I think you should consult a lawyer. As per last action rule, you might have violated the H1 status, by continuly working with L1, after CIS approved the COS application. Perhps, the violation might have been reset by your fresh entry with L1. As your family is not with you, better consult an qualified attorney.
Appears like more complications. I think you should consult a lawyer. As per last action rule, you might have violated the H1 status, by continuly working with L1, after CIS approved the COS application. Perhps, the violation might have been reset by your fresh entry with L1. As your family is not with you, better consult an qualified attorney.
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jvs_annapurna
04-12 03:13 PM
Ya, it is my first extension
sent RFE asking that Client letter on the original letter head.
which I couldnt get, but sent the vendor letter stating my duties and date from which started working etc even the copy of the client badge with photo on it is attached in reply to RFE.
But Its denied thats is not enough to prove that you are working at that client place and location. and it seems the employer i.e my h1 company is just token employer.
but I know the clock started from 31st march am in out of status.
will i able wipe out out of status as it effect in future ?
does MTR works or do I need to the appeal ?
What are chances of my transfer ?
Please gurus advise?
Thanks
jvs
sent RFE asking that Client letter on the original letter head.
which I couldnt get, but sent the vendor letter stating my duties and date from which started working etc even the copy of the client badge with photo on it is attached in reply to RFE.
But Its denied thats is not enough to prove that you are working at that client place and location. and it seems the employer i.e my h1 company is just token employer.
but I know the clock started from 31st march am in out of status.
will i able wipe out out of status as it effect in future ?
does MTR works or do I need to the appeal ?
What are chances of my transfer ?
Please gurus advise?
Thanks
jvs
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sobers
04-07 08:33 PM
Folks, I know you all are probably as deeply disappointed with the stalling of the Senate Immigration Bill as I am. But I guess i'm getting used to it now:mad: - had similar experience after S. 1932 relief was stripped out in December.
But instead of despairing, i'm now thinking of alternative ways to broaden our message and reach out to key lawmakers.
As you all may know, House Judiciary Committe Chairman Jim Sensenbrenner is going to be the Key House Negotiator on any Immigration Bill this year ....
Whether we like it or not, this is the hard truth.
The good news is that per se Sensenbrenner is not a restricionist. He is also not part of Tancredo Anti-Immigrant Caucus. However Sensenbrenner is against Illegal Immigration and Amnesty.
The bad news is that because of recent events (including attacks against him by latino/church activists, etc) he has decidedly moved to the right. He has probably hardened against his views to immigration, not just the illegal kind.
Since he is going to the point man on this issue, no doubts there, we ought to have a campaign to reveal the plight of legal immigrants to him. I'm convinced he's currently beseiged by restrictionist NumbersUSA, FAIR and CIS.org and being fed all his facts on immigration by these folks. We pay taxes, we obey laws, we wait in line patiently, we serve our local community here (for instance I've done many years of community work in the U.S. here and have been recognized for it), we enhance the compeititveness of this country by bringing our much needed skills to work for US business, and we do all this without taking a dime of public benefit. When restrictionists talk of how amnesty will be unfair to people waiting in long lines (that is Us Folks!), have they ever considered what to do to shorten these lines? Illegal immigration is unfair, but the legal immigration system is also broken - and unfair! We folks have the longest waits in the histroy of the US immigration system. If the (legal) system is not working properly, and here it is not, then people will have less incentive to follow it. Why should people follow the rules when it is much easier to get in without following the rules? So to deter illegal immigration ,you also have to show them the LEGAL immigration system works, and give prospective immigrants a good example.
Anyway, the point of all this rambling is this: I think we should have a campaign to bring some sense to sensenbrenner. I do not think he is a bad person per se. But he needs to be shown the light here- the genuine problems we are facing. We should have a webfax campaign now. Once the conference committee process starts, thousands of faxes start pouring in and staffers just count them and throw them in the bin. No one has time to read them.
But instead of despairing, i'm now thinking of alternative ways to broaden our message and reach out to key lawmakers.
As you all may know, House Judiciary Committe Chairman Jim Sensenbrenner is going to be the Key House Negotiator on any Immigration Bill this year ....
Whether we like it or not, this is the hard truth.
The good news is that per se Sensenbrenner is not a restricionist. He is also not part of Tancredo Anti-Immigrant Caucus. However Sensenbrenner is against Illegal Immigration and Amnesty.
The bad news is that because of recent events (including attacks against him by latino/church activists, etc) he has decidedly moved to the right. He has probably hardened against his views to immigration, not just the illegal kind.
Since he is going to the point man on this issue, no doubts there, we ought to have a campaign to reveal the plight of legal immigrants to him. I'm convinced he's currently beseiged by restrictionist NumbersUSA, FAIR and CIS.org and being fed all his facts on immigration by these folks. We pay taxes, we obey laws, we wait in line patiently, we serve our local community here (for instance I've done many years of community work in the U.S. here and have been recognized for it), we enhance the compeititveness of this country by bringing our much needed skills to work for US business, and we do all this without taking a dime of public benefit. When restrictionists talk of how amnesty will be unfair to people waiting in long lines (that is Us Folks!), have they ever considered what to do to shorten these lines? Illegal immigration is unfair, but the legal immigration system is also broken - and unfair! We folks have the longest waits in the histroy of the US immigration system. If the (legal) system is not working properly, and here it is not, then people will have less incentive to follow it. Why should people follow the rules when it is much easier to get in without following the rules? So to deter illegal immigration ,you also have to show them the LEGAL immigration system works, and give prospective immigrants a good example.
Anyway, the point of all this rambling is this: I think we should have a campaign to bring some sense to sensenbrenner. I do not think he is a bad person per se. But he needs to be shown the light here- the genuine problems we are facing. We should have a webfax campaign now. Once the conference committee process starts, thousands of faxes start pouring in and staffers just count them and throw them in the bin. No one has time to read them.
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GCNirvana007
04-08 04:11 PM
Come on my friend, Admins are like you and me. They are not having any magic wands. You may want to post your concerns in the public forum or the best thing is to contact your State chapter representative who will conduit you to the Admins.
These are tough times, so hang in there. IV is committed for our cause.
All i am asking is the media they know and number of users. I dont know what you talking about.
Ok, how do we contact the state representative. Through the county representative, then the city, then street?
These are tough times, so hang in there. IV is committed for our cause.
All i am asking is the media they know and number of users. I dont know what you talking about.
Ok, how do we contact the state representative. Through the county representative, then the city, then street?
more...
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glus
03-19 11:40 AM
Hello
I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.
I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.
I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.
Thanks
Raghu
OK,
I am sorry to hear your I140 is pending for so long. You have 2 options. 1 - wait. 2-act. If you select the latter, do this:
-contact your senator
-if you receive a letter stating (pending security/background check), contact a good imm. lawyer and do a writ of mandamus.
USCIS does not have to complete FBI checks on I-140. If they argue that they are doing FBI check, you have a case and a period of 3 years if way over unreasonable. USCIS completes internal checks within a few months max. So, your pending I140 for 3 years can't possibly be due to internal uscis checks. I bet they lost your folder; if you want email me privately and I will give you more details on such cases.
If you follow my advise, and go through a goooood lawyer, your I140 will be DECIDED within a few weeks.
I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.
I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.
I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.
Thanks
Raghu
OK,
I am sorry to hear your I140 is pending for so long. You have 2 options. 1 - wait. 2-act. If you select the latter, do this:
-contact your senator
-if you receive a letter stating (pending security/background check), contact a good imm. lawyer and do a writ of mandamus.
USCIS does not have to complete FBI checks on I-140. If they argue that they are doing FBI check, you have a case and a period of 3 years if way over unreasonable. USCIS completes internal checks within a few months max. So, your pending I140 for 3 years can't possibly be due to internal uscis checks. I bet they lost your folder; if you want email me privately and I will give you more details on such cases.
If you follow my advise, and go through a goooood lawyer, your I140 will be DECIDED within a few weeks.
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nlalchandani
05-29 11:09 AM
Is there any specific time the appointments show available..IST or CST..Maybe they have a batch job that runs and makes appt available ..
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fromnaija
07-20 05:32 PM
Thank you!
http://www.insvisa.com/faq/department_state.htm#15
not an authoritative source but if both of you are in USA right now then you need to bring the kid now before GC approval on dependent visa
http://www.insvisa.com/faq/department_state.htm#15
not an authoritative source but if both of you are in USA right now then you need to bring the kid now before GC approval on dependent visa
bestia
08-03 08:15 PM
How tempting to change few words, add few dates, add few signatures, etc.. so the case looks better.. and then all of a sudden we hear messages like "Please help!!! my H1/LC/485 denied, back in 2004/2001/1997 we applied and did or didn't... please help!!!"
Be firm in your documents. If you don't like your documents, so be it. Send USCIS whatever you have, but the truth. In worst case scenario you will get RFEs, so what? Respond that this is what you have. Don't be creative, just use what you have. When I was in embassy I took only what was necessary and for any request to any other document I answered "I don't have it". Officer was pissed, but he approved - he had no reason to deny.
For the same reasons my lawyer insisted on EB3 for me, although I could go for EB2, but I knew, that I will have problems getting good letters from my previous employer.
Be firm in your documents. If you don't like your documents, so be it. Send USCIS whatever you have, but the truth. In worst case scenario you will get RFEs, so what? Respond that this is what you have. Don't be creative, just use what you have. When I was in embassy I took only what was necessary and for any request to any other document I answered "I don't have it". Officer was pissed, but he approved - he had no reason to deny.
For the same reasons my lawyer insisted on EB3 for me, although I could go for EB2, but I knew, that I will have problems getting good letters from my previous employer.
spicy_guy
09-22 08:14 PM
Next thing....H1 program only once in 3 years or only when "needed".....
Cut the number of GCs by half...So that people will go back to their origin when their H1 expires.....
Attach huge price tag to GC... and...
Well, the message is clear...Isn't it?
Cut the number of GCs by half...So that people will go back to their origin when their H1 expires.....
Attach huge price tag to GC... and...
Well, the message is clear...Isn't it?
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