newuser
10-07 05:16 PM
I got same audit in september as well
the guy came in to my desk and took pictures and i was asked to show my pay stubs
then they went to my hr and asked all questions
on being asked he said its the normal procedure
so no big deal , pls make sure if they coem to your office you should atleast have a copy of your paystubs
How can they come to your desk randonmly and ask for pay stubs? Nobody carries paystubs to work everyday.Are these raids authorized by USCIS. Is there a memo that mentions this from USCIS.
the guy came in to my desk and took pictures and i was asked to show my pay stubs
then they went to my hr and asked all questions
on being asked he said its the normal procedure
so no big deal , pls make sure if they coem to your office you should atleast have a copy of your paystubs
How can they come to your desk randonmly and ask for pay stubs? Nobody carries paystubs to work everyday.Are these raids authorized by USCIS. Is there a memo that mentions this from USCIS.
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fromnaija
12-02 08:14 PM
>>>You cannot transfer to H4, since the 6 year limit is for the "H" category<<<<
I thought this rule changed couple of years back. H4 time is not considered towards H1B anymore and generally the spouses who were on h4 became eligible for full 6 years of H1B. Isn't this right? Sorry for testing your patience with too many questions. Generally I am a cool head but I guess I have been way overcool on this issue.
H4 and H1 times have been decoupled. I believe you could change to H4 even after six years on H1. Check with your lawyer.
So, if you do not want to change to F1, your strategy could be a combination of the following:
start your GC process now, change to H4 if your H1 expires before your I-140 is approved, apply for premium processing of I-140, apply for three year H1 extension after your 140 is approved.
I thought this rule changed couple of years back. H4 time is not considered towards H1B anymore and generally the spouses who were on h4 became eligible for full 6 years of H1B. Isn't this right? Sorry for testing your patience with too many questions. Generally I am a cool head but I guess I have been way overcool on this issue.
H4 and H1 times have been decoupled. I believe you could change to H4 even after six years on H1. Check with your lawyer.
So, if you do not want to change to F1, your strategy could be a combination of the following:
start your GC process now, change to H4 if your H1 expires before your I-140 is approved, apply for premium processing of I-140, apply for three year H1 extension after your 140 is approved.
Jerrome
11-08 12:51 PM
It includes all the AOS i.e Family Based, EB etc... Right
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b2visahelp
06-15 06:22 PM
Hi,
My parents' and 2 brothers' B2 visas got rejected yesterday. The VO didn't state the refusal reason. He didn't stamp anything on their passports. I got my GC through asylum, and will get married in Nov. 2009. I supplied a formal letter from my pastor about the wedding that it's real. And my parents stated that they are not bringing my youngest brother to the US because he has school. During the interview, the VO asked them about me. He knew that I got my GC through asylum. He asked if I work or go to school. My parents answered honestly that I'm currently working to support myself.
My parents didn't show their bank account, certificate of properties and business because the VO didn't ask for it. Should they show them to VO eventhough he didn't ask to see it?
Now, we're preparing to apply B2 visa for a second time. Here are my questions:
1. When do you think they should apply for the visa again?
2. What can we prepare to show proofs that they will definitely go back to their country? Should we prepare a letter stating reasons why they won't immigrate to US?
3. They are taking care of my elderly grandfather, 80 years old. Should they bring a picture of him?
3. Will they have a better chance if they left all my 3 siblings at home to give more reason they will definitely go back?
My parents definitely don't want to immigrate to the US.
Help...help....please...I really want them to attend my wedding.
Thanks a bunch for all of your advise!
My parents' and 2 brothers' B2 visas got rejected yesterday. The VO didn't state the refusal reason. He didn't stamp anything on their passports. I got my GC through asylum, and will get married in Nov. 2009. I supplied a formal letter from my pastor about the wedding that it's real. And my parents stated that they are not bringing my youngest brother to the US because he has school. During the interview, the VO asked them about me. He knew that I got my GC through asylum. He asked if I work or go to school. My parents answered honestly that I'm currently working to support myself.
My parents didn't show their bank account, certificate of properties and business because the VO didn't ask for it. Should they show them to VO eventhough he didn't ask to see it?
Now, we're preparing to apply B2 visa for a second time. Here are my questions:
1. When do you think they should apply for the visa again?
2. What can we prepare to show proofs that they will definitely go back to their country? Should we prepare a letter stating reasons why they won't immigrate to US?
3. They are taking care of my elderly grandfather, 80 years old. Should they bring a picture of him?
3. Will they have a better chance if they left all my 3 siblings at home to give more reason they will definitely go back?
My parents definitely don't want to immigrate to the US.
Help...help....please...I really want them to attend my wedding.
Thanks a bunch for all of your advise!
more...
gcadream
02-24 01:33 PM
I'm due for my H1 visa extn as it is going to expire in Apr-2010 and my employer is going to do it anytime soon. I have heard that these days USICS is extending the H1 based on the project end date mentioned on Purchase Order, if that is the case then
[1] does it mean that we can get extn only for 6 months or so instead of 3 yrs [if your I-140 is approved]?
[2] And after six months do we again have to file for extn and pay all the fees again ?
Any help on this issue is highly appreciated.
Waiting to hear back from all of you.
[1] does it mean that we can get extn only for 6 months or so instead of 3 yrs [if your I-140 is approved]?
[2] And after six months do we again have to file for extn and pay all the fees again ?
Any help on this issue is highly appreciated.
Waiting to hear back from all of you.
vikki76
07-05 03:05 PM
I-140 can not be ported. You need to start all over again at your new company with new PERM labor and new I-140.
However, if you have a copy of old approved I-140, you can use that to port older priority date at the time of 485 filing.Companies usually don't give copies of I-140.
However, if you have a copy of old approved I-140, you can use that to port older priority date at the time of 485 filing.Companies usually don't give copies of I-140.
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mps
04-21 02:25 PM
I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.
Good luck to everyone.
Congratulations on getting your GC !!!
I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.
Was there any LUD on I-140 case after your FP?
Regards
Good luck to everyone.
Congratulations on getting your GC !!!
I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.
Was there any LUD on I-140 case after your FP?
Regards
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augustus
10-08 05:57 PM
Ok! God help me here.... My lawyer responded this morning that h4 is valid even after using EAD. EAD is only a benefit.
Now what is true? So much of information floating around and I don't know what to take and what not to!!!!!
Please help me, my husband also has no clue..
Now what is true? So much of information floating around and I don't know what to take and what not to!!!!!
Please help me, my husband also has no clue..
more...
waiting4gc
07-17 06:48 PM
In fact your latest I94 number is needed on ALL your forms. So you will not be able to even complete the forms till you get back. So either
1) Cut your trip short and return
OR
2) Continue your vacation and fill up all the forms electronically and get it verified by your lawyers if they agree to do so and then update it with the latest I94 after getting back
So do I actually have to be in the US to mail in the AOS forms (I-485s)? I've been a legal US resident for years on an H1-B, and have been fortunate to have never had out-of-status issues or anything like that. BUT, as it happens, I'm up in Canada on vacation at the moment, planning to return next week. I've never had to get a visa stamp or surrender I-94 or any of that stuf.
Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.
- GS
1) Cut your trip short and return
OR
2) Continue your vacation and fill up all the forms electronically and get it verified by your lawyers if they agree to do so and then update it with the latest I94 after getting back
So do I actually have to be in the US to mail in the AOS forms (I-485s)? I've been a legal US resident for years on an H1-B, and have been fortunate to have never had out-of-status issues or anything like that. BUT, as it happens, I'm up in Canada on vacation at the moment, planning to return next week. I've never had to get a visa stamp or surrender I-94 or any of that stuf.
Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.
- GS
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gc_chahiye
06-08 12:06 AM
But the letter doesn't seem to address the direct behaviour of the companies in question. Seems like a bunch of broader level issues were tackled - while true, it doesn't address H1B abuse in any way. Wasn't that the point?
no. The point was that neither of these companies do H1B abuse (small bodyshoppers in the US do), and trying to mix up immigration related rhetoric with international business is not a good idea.
If the senators had an issue, there are standard channels with which these can be taken up (both at ministries as well as trade-group levels). Public letters from these senators to the CEOs of our companies were essentially a publicity stunt to win votes and not a constructive way to find out if there is a problem and how it can be fixed. So in the same vein the NASSCOM reply is a broad response with good subtle hints that mixing immigration with India's business interests is not a good idea.
no. The point was that neither of these companies do H1B abuse (small bodyshoppers in the US do), and trying to mix up immigration related rhetoric with international business is not a good idea.
If the senators had an issue, there are standard channels with which these can be taken up (both at ministries as well as trade-group levels). Public letters from these senators to the CEOs of our companies were essentially a publicity stunt to win votes and not a constructive way to find out if there is a problem and how it can be fixed. So in the same vein the NASSCOM reply is a broad response with good subtle hints that mixing immigration with India's business interests is not a good idea.
more...
gsc999
04-13 11:32 AM
Lets not despair about lack of support from other organizations. We have 10K+ members now. We are gaining momentum. It won't be long before these organization come to us for support. Given the presidential election looming on the horizon, maybe some of the candidates will need endorsement from us, maybe not, who knows. Lets use this time to meet the lawmakers and educate them about our issues.
I recently called a Senate office and told them about my support for the STRIVE bill in the House and to seek their support for a similar bill in Senate. The staff members had no idea about STRIVE bill. I send them more info. they were willing to understand provided we spend the time. Now we are meeting them in person to highlight our issues in more detail. This is the best way to help ourselves. In the end, if your have to get some thing done you have to get involved. Please top lamenting lack of support. Lets not get linear about this, that unless we get support from others we won't do this. Lets focus on our own efforts.
I recently called a Senate office and told them about my support for the STRIVE bill in the House and to seek their support for a similar bill in Senate. The staff members had no idea about STRIVE bill. I send them more info. they were willing to understand provided we spend the time. Now we are meeting them in person to highlight our issues in more detail. This is the best way to help ourselves. In the end, if your have to get some thing done you have to get involved. Please top lamenting lack of support. Lets not get linear about this, that unless we get support from others we won't do this. Lets focus on our own efforts.
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kumarh1b
01-22 04:16 PM
Hi,
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
more...
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TeddyKoochu
01-06 09:11 AM
Please advise if 5.5+ years of experience and an Advanced degree in Electronics would qualify me for porting me from EB2 to EB1. I have been waiting to file for my I-140 over an year now but things aren't looking anywhere near to it.
So just wanted to understand if this was even legally possible.
Even I have a very similar question. I have bachelors in engineering from a prominent college in India with almost 10 Years of work experience in IT. My EB2 I140 is approved but I have not been able to apply for I485 as I missed the July 07 window. Please advise if there is a possibility that I can apply for EB1-A. I understand that EB1-B requires a PhD. and EB1-C requires the current / future job to have a global /mnc managerial profile so Iam not eligible for that, I do have managerial experienece from my previous job / positions in India. Please advice if EB1-A also mandates a research profile or can professionals not having a research background also apply. I believe that EB1-A is a self application not a company application. Really appreciate some valued advice.
So just wanted to understand if this was even legally possible.
Even I have a very similar question. I have bachelors in engineering from a prominent college in India with almost 10 Years of work experience in IT. My EB2 I140 is approved but I have not been able to apply for I485 as I missed the July 07 window. Please advise if there is a possibility that I can apply for EB1-A. I understand that EB1-B requires a PhD. and EB1-C requires the current / future job to have a global /mnc managerial profile so Iam not eligible for that, I do have managerial experienece from my previous job / positions in India. Please advice if EB1-A also mandates a research profile or can professionals not having a research background also apply. I believe that EB1-A is a self application not a company application. Really appreciate some valued advice.
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akilaakka
10-05 12:44 PM
If the information he said to me is true.
He is from India.
EB 2 NIW. Filed concurently in Sep 2005. Got his card and his wife's approved few weeks ago
He is from India.
EB 2 NIW. Filed concurently in Sep 2005. Got his card and his wife's approved few weeks ago
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shutterbabe
11-19 09:41 AM
Thanx everyone for the helpful advice. I will schedule an infopass appointment. Can can I see an I/O at a location that doesn't service my area?
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ruchigup
08-22 04:16 PM
Is your current employer supportive with respect to revoking 140 ? It looks like, you are doing H1 not using EAD ?
Yes my employer is supportive with respect to not revoking I-140.
Yes my employer is supportive with respect to not revoking I-140.
more...
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GCKaMaara
11-26 03:14 PM
there was nothing to be so touchy in those two lines of mine!
He he he. Remember your first year after birth and follow the same practice (you didn't speak during that time :)).
He he he. Remember your first year after birth and follow the same practice (you didn't speak during that time :)).
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canmt
10-19 11:41 AM
The AC 21 does not say anything about the salary part in the Section 106(c). But it is a guideline issued by the Director to USCIS officers on how to interpret AC 21 Section 106(c).
You could find the salary details from www.flcdatacenter.com.
I hope this helps and good luck on your greencard chase.
You could find the salary details from www.flcdatacenter.com.
I hope this helps and good luck on your greencard chase.
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jediknight
10-12 12:00 PM
Lou Dobbs� Next Home: Fox Business? (http://mediadecoder.blogs.nytimes.com/2009/10/12/lou-dobbs-next-home-fox-business/)
Fox can keep him along with their other crazies :-)
Fox can keep him along with their other crazies :-)
jetflyer
06-10 09:09 AM
Long History
Mix of Visa Types
Labor Sub
These might have pulled the trigger for RFE
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
Mix of Visa Types
Labor Sub
These might have pulled the trigger for RFE
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
WillIBLucky
12-22 01:18 PM
If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
GC_2007,
When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
GC_2007,
When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.
once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
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