h1bemployee
02-26 10:43 AM
When was your H1-B amendment denied?
What is your current LCA salary vs. original LCA Salary?
Original LCA salary is like 58k and current one is 40k
What is your current LCA salary vs. original LCA Salary?
Original LCA salary is like 58k and current one is 40k
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HeeKwan
02-01 08:44 PM
Congrats
vicks_don
04-18 03:16 PM
All cases filed before april 1st would they be transfered to TSC or processed at VSC.
Mine was filed last october.
Thanks
Mine was filed last october.
Thanks
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gc_bulgaria
02-12 02:40 PM
http://www..com/discussion-forums/i485-1/28005017/
Its not easy but can be done. The cover letter in my case didn't work - no way of knowing because my application was filed in July when EVERYONE was current. Lawyer screwed up and didnt file in February 07 with the I 140. Below is what I got back from TSC re: cross charge- I had to jump through the hoops for them to consider it. There are some good and informative posts on .
"Today I received an email from my lawyers office who had requested a congressional inquiry with TSC. Good news is that my congresswoman's office is really efficient - they followed up till they got the confirmation. Now atleast I know they will consider it as CC.
Below is what TSC wrote back. Now the wait for visa bulletins and processing dates resumes!
"The message was sent to management. Yes they can be charge cross chargeability. However, at this time the files can not be request due to the large volume of work the unit has. Cases are process accordingly and chronological.
Will sent another message to management, but this request in expediting these cases does not meet the service criteria.
Thank you for your inquiry and please do not hesitate to contact us again if you have further questions regarding this case.
Texas Service Center
Congressional Relations " "
Its not easy but can be done. The cover letter in my case didn't work - no way of knowing because my application was filed in July when EVERYONE was current. Lawyer screwed up and didnt file in February 07 with the I 140. Below is what I got back from TSC re: cross charge- I had to jump through the hoops for them to consider it. There are some good and informative posts on .
"Today I received an email from my lawyers office who had requested a congressional inquiry with TSC. Good news is that my congresswoman's office is really efficient - they followed up till they got the confirmation. Now atleast I know they will consider it as CC.
Below is what TSC wrote back. Now the wait for visa bulletins and processing dates resumes!
"The message was sent to management. Yes they can be charge cross chargeability. However, at this time the files can not be request due to the large volume of work the unit has. Cases are process accordingly and chronological.
Will sent another message to management, but this request in expediting these cases does not meet the service criteria.
Thank you for your inquiry and please do not hesitate to contact us again if you have further questions regarding this case.
Texas Service Center
Congressional Relations " "
more...
skagitswimmer
June 6th, 2005, 10:03 PM
These are all good suggestions and translate well from my film days. I also read that, whereas in b&w the adage was expose for the shadows and develop (or print) for highlights, in digital it is the reverse - expose to preserve detail in the highlights and then use your curves in RAW to fix the shadows where you want them. So I'll have to put all that to work this week / weekend. If the flowers stay around, that is.
mchundi
02-23 06:01 PM
Here is my honest opinion.... you guys need to highlight the fact that IV is equlally concerned about PBEC issue. This is what i have heard and read from a lot of folks... Just to let u guys know that even my app is stuck with PBEC..
Sorry that u r stuck at PBEC. It is more than 4 months since i tuned into labor forums. Is there any progress at PBEC? Has the RIR Q moved to mid 2002 consistantly? Earlier Non RIR Q was ahead. Is this still the case?
I can understand those without labor not coming fully forward.
U must understand that it will be 4-6 months atleast by the time we see the fruits of any new law, but if we miss this chance, the options are very bleak. Here is why.
If u dont get any relief now, there will be none for may be another couple of years.
There are enough aspirants that can consume this years and next years quota whose PD is in 2002 for some countries like INDIA (even for Eb2). Dont be fooled by the forward movement of PD now.
The way the USCIS works and the way priority date moves, u will see some forward movement till sep' 06 and again they will move back a couple of years. For those who come out of labor process from PBEC the situation is no different than it is today, if u cant file I-485 and get portability. U will be even more dissapointed.
--MC
Sorry that u r stuck at PBEC. It is more than 4 months since i tuned into labor forums. Is there any progress at PBEC? Has the RIR Q moved to mid 2002 consistantly? Earlier Non RIR Q was ahead. Is this still the case?
I can understand those without labor not coming fully forward.
U must understand that it will be 4-6 months atleast by the time we see the fruits of any new law, but if we miss this chance, the options are very bleak. Here is why.
If u dont get any relief now, there will be none for may be another couple of years.
There are enough aspirants that can consume this years and next years quota whose PD is in 2002 for some countries like INDIA (even for Eb2). Dont be fooled by the forward movement of PD now.
The way the USCIS works and the way priority date moves, u will see some forward movement till sep' 06 and again they will move back a couple of years. For those who come out of labor process from PBEC the situation is no different than it is today, if u cant file I-485 and get portability. U will be even more dissapointed.
--MC
more...
chanduv23
06-30 07:59 AM
Chanduv23,
What about RFE without being current? Can it also be taken as Pre-adjudicated? Pls advise.
Thank you
Yes, RFEs could be a part of preadjudication. But at times people do receive random RFEs too. If you are lucky, you can get the answer from a officer on whether your case is preadjudicated or not.
What about RFE without being current? Can it also be taken as Pre-adjudicated? Pls advise.
Thank you
Yes, RFEs could be a part of preadjudication. But at times people do receive random RFEs too. If you are lucky, you can get the answer from a officer on whether your case is preadjudicated or not.
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Blessing&Lifeisbeautiful
08-13 04:28 PM
From your case alone this is rather a sweeping judgment. I can assure you they do NOT process based on receipt date if they did my husbands EAD which was received on May 3rd would be approved by now and yours would not. He is still waiting thirteen weeks on.
Was it TSC?
Was it TSC?
more...
aph0025
01-20 03:02 PM
Hi Amul,
Congratulations! Yes, it does mean your visa transfer went through. You will receive a new I797, with your current employer details on it.
Update:
I am the guy who started this thread. I was worried about not having paystubs from my previous H1B holder, and if that would affect my chances of H1B transfer with this other company I am with right now. My transfer got approved in TWO days (during mid Dec. last year). Yes, I did go through premium processing, but approval in TWO days! That was great.
Anyway, can anyone tell me where I go from here? To be precise, what is the maximum time limit to go for stamping to a visa consulate? Please advice.
Congratulations! Yes, it does mean your visa transfer went through. You will receive a new I797, with your current employer details on it.
Update:
I am the guy who started this thread. I was worried about not having paystubs from my previous H1B holder, and if that would affect my chances of H1B transfer with this other company I am with right now. My transfer got approved in TWO days (during mid Dec. last year). Yes, I did go through premium processing, but approval in TWO days! That was great.
Anyway, can anyone tell me where I go from here? To be precise, what is the maximum time limit to go for stamping to a visa consulate? Please advice.
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jambapamba
07-20 07:53 AM
If we submit tax returns then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
What is wrong with taking Hope credits ??
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
What is wrong with taking Hope credits ??
more...
pappu
06-15 09:19 AM
In the past few years, our members have seen their immigration petitions, at times, processed improperly or get denied for the wrong reasons. At Immigration Voice members have contacted us with various issues and we keep getting these requests even now.
We have noticed that some of these processing issues are repetitive and there seems to be a pattern to their occuring.
The most common issue we see all the time is when applicants ports his/her job through AC21 portability - an i 485 employment based petition getting denied immediately after employer revokes i 140. i 485 employment based petition must not be denied immediately if i 140 revoke happens after 180 days of filing i 485. This issue is very common and keeps happening and the only way this can now be resolved as of today is by filing for a Motion to Reopen.
Other issues we have noticed are
- USCIS denies an i 485 petition because beneficiary did not answer a request for evidence - whereas in reality the beneficiary never received the RFE
- 485 was filed in Aug 2007, when the priority dates were indeed current (USCIS issued a memo explicitly stating this), but the adjudicating officer sometimes issues a denial stating that the dates were not current
and other similar issues.
In each of these cases, the USCIS should give the applicant the benefit of the doubt and issue a Request for Evidence (RFE), or maybe a Notice of Intent to Deny (NOID), but never a straight denial.
As most of our members know, Immigration Voice has been helping members (especially donor members) in getting their 485 denials reversed successfully. This is being achieved by helping affected members follow up on their Motion To Reconsider (MTR) applications with their representatives of Congress, the Ombudsman, and at times directly with the USCIS.
In the long drawn process especially the i 485 application can get reviewed more than a handful of times - during filing, during pre-adjudication, during transfers between service centers (if applicable), during interviews (if applicable), during adjudication, and quite possibly reviewed by a different officer each time
Difficulties faced by applicants who get wrongful 485 denials:
- When an AOS applicant gets their 485 denied, they are faced with a barrage of stressful questions and issues,
- Applicants have 30 days to file an MTR, which can be an expensive affair - filing fees + attorney fees
- Applicants using their EAD cards to work, may have to suspend employment and go on leave without pay until their MTR is accepted and the 485 reopened. Undue delays during this phase can put their jobs at risk.
- Travel becomes an issue, since there is a question of the Advance Parole travel document becoming invalid if the 485 was denied
- Pending EAD/AP renewal applications could be jeopardized due to the denial of the 485 which was the basis for those applications
- If an applicant is overseas when the 485 is denied, they may quite possibly have trouble getting back into the country
- Local law enforcement, department of Motor vehicles, and other government agencies may not recognize the applicant's legal status in the country for the period during which the 485 is denied, which has its own set of hassles
The list could go on, but you get the gist, a 485 denial is not a pretty situation, until it gets resolved.
That being said, IV would like to work with the USCIS in taking measures to correct their processing procedures and not repeating the same errors again and again, thus saving the applicants from having to go through all the trouble, and the USCIS from the additional burden of having to review even more applications.
Our intention is not to blame, point fingers, or take up a fight with anyone. We recognize that this might be a training issue, or an oversight on the agency's part, and would like to work with them to resolve this.
The first step towards this initiative is to collect information on such denials that may have happened in the past 12 -16 months (since Jan 2008). IV is looking to get in touch with members that have had issues due to service errors and successfully resolved, and even the ones that are currently going through this.
We do understand that the first thought that might come to your mind is whether you could face any repercussions for 'taking action against a government agency'. Please realize that you are not taking any action against anyone, you are in fact helping IV help the USCIS streamline and improve its processes, which any agency would be very welcoming of.
We request our members who have faced such issues or are facing such issues to
- post a brief of their issue on this thread - such a post may not need to have personal information but a description of the issue and if it was resolved what were the steps taken (optional)
and
- Email a detailed issue description with dates, chronology of events and other information and hurdles you faced with your name and a contact number to info@immigrationvoice.org with a subject line "USCIS service error" (mandatory)
Please note that ONLY real stories from non anonymous members are needed. Please do not send bogus stories anonymously
At a later stage IV may request few members to provide their case information along with privacy consent after its discussions with appropriate authorities.
By doing so, you will be first and foremost, helping yourselves (we have had more than one member contact us, where the 485 was wrongfully denied on more than one occasion - so a successful MTR is not necessarily a sign that there won't be any more denials until the 485 gets approved), and helping other fellow applicants from having to deal with this very stressful and unnecessary situation.
We would like to encourage members to come forward and help us with this initiative, and also spread the word around. Helping is as easy as sending IV an email and optionally sharing your story on the forum.
With the priority dates being the way they are, and the heavy pre-adjudication activity that is said to be happening, we have an aggressive time line for this initiative, and would like to collect all information by June 30th, 2009, at the latest.
Thank you,
Immigration Voice
Chanduv23 and other volunteer members have formed a team for this effort under IV's guidance to help resolve common problems people face with USCIS errors. We have so many threads on RFEs and denials etc. Lot of people contact IV when they need help and they have nowhere to go. Just because someone does not have an RFE or Denial in error does nor mean it will not happen in future. People get panicked and seek frantic help from IV when they get into such situations. We wish to help solve this issue through this action item. If you need more information or wish to speak with someone please message chanduv23/ santb1975/mpadapa/snathan/axp817
If anyone wants to work on any other ideas and efforts, they can also form a team and contact us. We will guide you. Do not sit, wait and critique. Join hands with others and tell us your ideas and discuss them with us. Send us an email and we will talk about it. If the idea can be feasible we will certainly make that an action item.
We have noticed that some of these processing issues are repetitive and there seems to be a pattern to their occuring.
The most common issue we see all the time is when applicants ports his/her job through AC21 portability - an i 485 employment based petition getting denied immediately after employer revokes i 140. i 485 employment based petition must not be denied immediately if i 140 revoke happens after 180 days of filing i 485. This issue is very common and keeps happening and the only way this can now be resolved as of today is by filing for a Motion to Reopen.
Other issues we have noticed are
- USCIS denies an i 485 petition because beneficiary did not answer a request for evidence - whereas in reality the beneficiary never received the RFE
- 485 was filed in Aug 2007, when the priority dates were indeed current (USCIS issued a memo explicitly stating this), but the adjudicating officer sometimes issues a denial stating that the dates were not current
and other similar issues.
In each of these cases, the USCIS should give the applicant the benefit of the doubt and issue a Request for Evidence (RFE), or maybe a Notice of Intent to Deny (NOID), but never a straight denial.
As most of our members know, Immigration Voice has been helping members (especially donor members) in getting their 485 denials reversed successfully. This is being achieved by helping affected members follow up on their Motion To Reconsider (MTR) applications with their representatives of Congress, the Ombudsman, and at times directly with the USCIS.
In the long drawn process especially the i 485 application can get reviewed more than a handful of times - during filing, during pre-adjudication, during transfers between service centers (if applicable), during interviews (if applicable), during adjudication, and quite possibly reviewed by a different officer each time
Difficulties faced by applicants who get wrongful 485 denials:
- When an AOS applicant gets their 485 denied, they are faced with a barrage of stressful questions and issues,
- Applicants have 30 days to file an MTR, which can be an expensive affair - filing fees + attorney fees
- Applicants using their EAD cards to work, may have to suspend employment and go on leave without pay until their MTR is accepted and the 485 reopened. Undue delays during this phase can put their jobs at risk.
- Travel becomes an issue, since there is a question of the Advance Parole travel document becoming invalid if the 485 was denied
- Pending EAD/AP renewal applications could be jeopardized due to the denial of the 485 which was the basis for those applications
- If an applicant is overseas when the 485 is denied, they may quite possibly have trouble getting back into the country
- Local law enforcement, department of Motor vehicles, and other government agencies may not recognize the applicant's legal status in the country for the period during which the 485 is denied, which has its own set of hassles
The list could go on, but you get the gist, a 485 denial is not a pretty situation, until it gets resolved.
That being said, IV would like to work with the USCIS in taking measures to correct their processing procedures and not repeating the same errors again and again, thus saving the applicants from having to go through all the trouble, and the USCIS from the additional burden of having to review even more applications.
Our intention is not to blame, point fingers, or take up a fight with anyone. We recognize that this might be a training issue, or an oversight on the agency's part, and would like to work with them to resolve this.
The first step towards this initiative is to collect information on such denials that may have happened in the past 12 -16 months (since Jan 2008). IV is looking to get in touch with members that have had issues due to service errors and successfully resolved, and even the ones that are currently going through this.
We do understand that the first thought that might come to your mind is whether you could face any repercussions for 'taking action against a government agency'. Please realize that you are not taking any action against anyone, you are in fact helping IV help the USCIS streamline and improve its processes, which any agency would be very welcoming of.
We request our members who have faced such issues or are facing such issues to
- post a brief of their issue on this thread - such a post may not need to have personal information but a description of the issue and if it was resolved what were the steps taken (optional)
and
- Email a detailed issue description with dates, chronology of events and other information and hurdles you faced with your name and a contact number to info@immigrationvoice.org with a subject line "USCIS service error" (mandatory)
Please note that ONLY real stories from non anonymous members are needed. Please do not send bogus stories anonymously
At a later stage IV may request few members to provide their case information along with privacy consent after its discussions with appropriate authorities.
By doing so, you will be first and foremost, helping yourselves (we have had more than one member contact us, where the 485 was wrongfully denied on more than one occasion - so a successful MTR is not necessarily a sign that there won't be any more denials until the 485 gets approved), and helping other fellow applicants from having to deal with this very stressful and unnecessary situation.
We would like to encourage members to come forward and help us with this initiative, and also spread the word around. Helping is as easy as sending IV an email and optionally sharing your story on the forum.
With the priority dates being the way they are, and the heavy pre-adjudication activity that is said to be happening, we have an aggressive time line for this initiative, and would like to collect all information by June 30th, 2009, at the latest.
Thank you,
Immigration Voice
Chanduv23 and other volunteer members have formed a team for this effort under IV's guidance to help resolve common problems people face with USCIS errors. We have so many threads on RFEs and denials etc. Lot of people contact IV when they need help and they have nowhere to go. Just because someone does not have an RFE or Denial in error does nor mean it will not happen in future. People get panicked and seek frantic help from IV when they get into such situations. We wish to help solve this issue through this action item. If you need more information or wish to speak with someone please message chanduv23/ santb1975/mpadapa/snathan/axp817
If anyone wants to work on any other ideas and efforts, they can also form a team and contact us. We will guide you. Do not sit, wait and critique. Join hands with others and tell us your ideas and discuss them with us. Send us an email and we will talk about it. If the idea can be feasible we will certainly make that an action item.
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amulchandra
11-10 04:13 PM
This is my personal experience.
I was on H4 for 3 years to take care of my toddler. During that period I tried to earn some US experience through volunteering as I did not have work permit. I researched little bit on it and finally decided not to volunteer on H4. Attorney's opinion is that H4 holder cannot volunteer for a For-profit organization. They could volunteer only for non-profit organizations like temples, churches,etc.
I waited patiently, got H1b and luckily got a job as my company felt my NON-US experience is good enough to perform my job as senior data analyst.
Hope this helps
Amul
I was on H4 for 3 years to take care of my toddler. During that period I tried to earn some US experience through volunteering as I did not have work permit. I researched little bit on it and finally decided not to volunteer on H4. Attorney's opinion is that H4 holder cannot volunteer for a For-profit organization. They could volunteer only for non-profit organizations like temples, churches,etc.
I waited patiently, got H1b and luckily got a job as my company felt my NON-US experience is good enough to perform my job as senior data analyst.
Hope this helps
Amul
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needhelp!
08-31 01:45 AM
Registering a new country? I hope you are not kidding, needhelp!:)
Regards,
IK
With one appearance in print and one on the airwaves of funasia radio... I couldn't have had a better day. Thanks to IV!! I am a little light in the head right now, and its way past my bedtime.
Regards,
IK
With one appearance in print and one on the airwaves of funasia radio... I couldn't have had a better day. Thanks to IV!! I am a little light in the head right now, and its way past my bedtime.
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abhijitp
01-25 02:42 PM
I am happy to inform all of you in NORCAL that the permit to conduct a signature/letter campaign at Fremont BART is with us!!!
NOTE: This cannot be used by another member at another station-- this is a non-transferrable permit SOLELY for the campaign at Fremont at the said times, but you can request a similar permit for any BART station!
Now, I need at least ONE other member to be there on a weekday evening of your choice (I am planning to go there EVERY weekday evening for 2 weeks) and help me conduct this campaign!
PLEASE.... this is the last call.. don't let us down!
NOTE: This cannot be used by another member at another station-- this is a non-transferrable permit SOLELY for the campaign at Fremont at the said times, but you can request a similar permit for any BART station!
Now, I need at least ONE other member to be there on a weekday evening of your choice (I am planning to go there EVERY weekday evening for 2 weeks) and help me conduct this campaign!
PLEASE.... this is the last call.. don't let us down!
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mdforgc
04-14 05:00 PM
Dont the bill have to be placed in federal register after the Prez signs it, for 90 days for it to be law? I remember so from the PERM regulation timeline.
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theperm
05-07 01:06 PM
How long can one stay unemployed on EAD? my pd is Nov2005 EB-2
I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
Your responses will be really appreciated.ASAP
I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
Your responses will be really appreciated.ASAP
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JDM
08-27 12:18 AM
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moonlight
06-20 12:54 PM
Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.
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rockstart
03-11 09:43 AM
Isnt Labor & I 140 property of the employer and labor can be transferred to some one else (not allowed now but was in past) the employee comes into picture only at the 485 stage and that is when the intent should be looked into. Its a pretty complicated question so lawyer is the best person to answer.
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
a_yaja
07-30 03:43 PM
If you don't know the answer, please don't reply. Just because this person asked about getting GC through his/ her baby, it does not mean the person is here illegally or if even this person is in the US. I friend of mine died in an accident in Mumbai and he is survived by his wife and two kids (the kids were born here in the US). His wife asked me the same question and after asking my lawyer, I had to tell her that there is no way she can apply for GC through her children unless her children turn 21.
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