boreal
09-22 03:59 PM
Hi PCS,
I would appreciate if you confirm if the notarized experience letter is accepted as substitute for the original experience letter. I am planning use a preapproved labor but the job requirement for that labor requires some specific skills. My old employer would not give me the letter. So can I ask my colleague to send me a notarized experience letter ?
Thanks,
pcbadgujar
Oh God!! People can and will do anything to abuse Labor Substibution.
I would appreciate if you confirm if the notarized experience letter is accepted as substitute for the original experience letter. I am planning use a preapproved labor but the job requirement for that labor requires some specific skills. My old employer would not give me the letter. So can I ask my colleague to send me a notarized experience letter ?
Thanks,
pcbadgujar
Oh God!! People can and will do anything to abuse Labor Substibution.
raysaikat
07-25 10:34 AM
Hi,
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
She cannot work while she is in H-4. There is no such thing as "2-month gap"!
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
She cannot work while she is in H-4. There is no such thing as "2-month gap"!
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.
sledge_hammer
07-09 04:28 PM
What about those whose PD is 2006 or later and DID file I-485?!?
What a waste of poll!
What a waste of poll!
ajp5
04-23 05:30 PM
I completely agree. Members like ivgclive should to be banned. This is a public forum. If you know the answer, speak up, if not "SHUT UP".
Lately I feel instead of finding useful information, there are pages & pages of useless remarks, name calling. I hate to contribute to this but its important this does not spoil the image of IV. Nobody likes to be part of a forum for the frustrated.
Lately I feel instead of finding useful information, there are pages & pages of useless remarks, name calling. I hate to contribute to this but its important this does not spoil the image of IV. Nobody likes to be part of a forum for the frustrated.
more...
k2006
08-25 02:48 PM
Is there any approval for NSC-->CSC-->NSC cases so far ?
bobyal
05-07 03:56 PM
Hi,
It appears TSC (Texas Service Center) started using new system CHAMPS, which is not connected to the online case status system.
Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?
Thanks
Bob
It appears TSC (Texas Service Center) started using new system CHAMPS, which is not connected to the online case status system.
Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?
Thanks
Bob
more...
srkamath
08-05 06:21 PM
Dhundhun,
What is your source for the 1% to 5% estimate?
What is your source for the 1% to 5% estimate?
GCBy3000
07-11 05:02 PM
Why only moderators my dear friend, even members will not like it. 99.9 % of the members are professionals and working for common cause with team spirit..
more...
fcres
07-26 01:00 PM
I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.
You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.
You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.
bipin
03-17 05:53 PM
I was working with a company until November 2007. I went to India in Dec and came back in Feb and was out of project until April 2008. During this time my relation with my employer gone bad and he threatened to cancel my H1 & I140 application. I transferred my H1 to the new company and is on project and is working with them from May 2008 till now. For the 8 months I worked in 2008 I got a total salary of 50,000 based on annual salary of $75K. This is less than the prevailing wages. Since my W2 is only $50,000 I'm worried about my immigration prospects. I’m in my 6th year and just started my Labor process with the new company.
My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.
How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)
My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.
How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)
more...
RRG
08-14 04:39 PM
I am on H1B. Got Prudential 10 year term life 2 years ago. I pay 26$ per month for 400K $. I am 35 plus years of age, non smoker. I pay higher premium due to bp. A visiting doctor from Prudential came and examined me at my residence prior to accepting my insurance application.
willigetgc?
01-03 11:53 AM
There have been new enforcement policies at the federal and state level, mostly targeted at known criminals who are also in violation of immigration laws, but while the huffing and puffing over immigration in Congress and on Beacon Hill has been fierce, no legislation has resulted.
The closest Congress came to action was the Dream Act, which would establish a path to citizenship for the most sympathetic class of undocumented immigrants: those brought to the U.S. as children, have stayed out of trouble, completed high school and committed to college or service in the U.S. military.
The Dream Act won passage in the House, and 53 votes in the Senate - but not enough to break a Republican-led filibuster.
Dream Act supporters should try again in the new Congress, but this time they should take a page from the tax compromise forged in the lame-duck session. That deal combined something Democrats wanted - an extension of unemployment benefits - with something Republicans wanted - an extension of tax cuts for high earning individuals.
Some leading conservatives have proposed loosening immigration rules for another worthy group: highly-educated foreigners capable of creating the new ideas, inventions and enterprises so important to America's economy. The brightest minds from around the world come to leading American universities, only to take their knowledge and talents back home because they can't legally stay here.
Conservative think tanks and commentators - and some elected officials - have suggested every foreign student who receives a post-graduate degree be automatically granted a green card. Some will still go home, but those who choose to stay can supply the brains and ambition that immigrants have been bringing to America's economy for hundreds of years.
Our first choice would be for Congress to enact the kind of comprehensive immigration reform proposed in recent years by the late Sen. Ted Kennedy, former President George W. Bush and President Barack Obama. If that's not in the cards, we suggest pairing the Dream Act with a bill offering legal residency to the most highly educated foreign students.
What ties these proposals together is the assumption, shared by leaders of most political stripes, that legal immigration is good and necessary. America's population is aging and America's economic competitors are gaining ground in innovative technologies. We need immigrants, especially those who already consider themselves Americans - like the ones welcomed by the Dream Act - and those whose education and skills can contribute to economic growth.
The best compromises are those which incorporate the ideas and priorities of both sides. Such a compromise on immigration policy is long overdue.
Editorial: Immigration in 2011 - Framingham, MA - The MetroWest Daily News (http://www.metrowestdailynews.com/opinions/editorials/x338106193/Editorial-Immigration-in-2011)
The closest Congress came to action was the Dream Act, which would establish a path to citizenship for the most sympathetic class of undocumented immigrants: those brought to the U.S. as children, have stayed out of trouble, completed high school and committed to college or service in the U.S. military.
The Dream Act won passage in the House, and 53 votes in the Senate - but not enough to break a Republican-led filibuster.
Dream Act supporters should try again in the new Congress, but this time they should take a page from the tax compromise forged in the lame-duck session. That deal combined something Democrats wanted - an extension of unemployment benefits - with something Republicans wanted - an extension of tax cuts for high earning individuals.
Some leading conservatives have proposed loosening immigration rules for another worthy group: highly-educated foreigners capable of creating the new ideas, inventions and enterprises so important to America's economy. The brightest minds from around the world come to leading American universities, only to take their knowledge and talents back home because they can't legally stay here.
Conservative think tanks and commentators - and some elected officials - have suggested every foreign student who receives a post-graduate degree be automatically granted a green card. Some will still go home, but those who choose to stay can supply the brains and ambition that immigrants have been bringing to America's economy for hundreds of years.
Our first choice would be for Congress to enact the kind of comprehensive immigration reform proposed in recent years by the late Sen. Ted Kennedy, former President George W. Bush and President Barack Obama. If that's not in the cards, we suggest pairing the Dream Act with a bill offering legal residency to the most highly educated foreign students.
What ties these proposals together is the assumption, shared by leaders of most political stripes, that legal immigration is good and necessary. America's population is aging and America's economic competitors are gaining ground in innovative technologies. We need immigrants, especially those who already consider themselves Americans - like the ones welcomed by the Dream Act - and those whose education and skills can contribute to economic growth.
The best compromises are those which incorporate the ideas and priorities of both sides. Such a compromise on immigration policy is long overdue.
Editorial: Immigration in 2011 - Framingham, MA - The MetroWest Daily News (http://www.metrowestdailynews.com/opinions/editorials/x338106193/Editorial-Immigration-in-2011)
more...
485Mbe4001
06-13 11:58 AM
My uncles GC's and Indian passports were stolen a few years back. it took them 6 months to get a new card, you cannot leave the country. Other than that they did not have major issues. File a police report keep copies of the report and all correspondence in safe deposit box. As a precaution put a hold on your credit at the 3 credit agencies.
Hi All,
We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?
Please help us with any suggestions.
Thanking you all.
Hi All,
We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?
Please help us with any suggestions.
Thanking you all.
andy garcia
07-25 12:19 PM
I got an approval email from CRIS last week on my I-140.
Today I received an email saying the notice that USCIS sent was returned as undeliverable.
Any one has similar experience? Where does the I-140 approval notice go- Attorney or Employer address?
Thanks
Approval notice goes to Attorney a courtesy copy to Employer
Today I received an email saying the notice that USCIS sent was returned as undeliverable.
Any one has similar experience? Where does the I-140 approval notice go- Attorney or Employer address?
Thanks
Approval notice goes to Attorney a courtesy copy to Employer
more...
bestofall
03-24 10:41 AM
Rights and Responsibilities of H-1B Holders
http://hyderabad.usconsulate.gov/h1b.html
Don�t Get Stuck on the Bench � Your Rights as an H-1B Worker
The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.
You have the following rights as an H-1B worker:
You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
You must receive the same fringe benefits on the same basis as offered to American employees.
Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
You have the following responsibilities as an H-1B worker:
You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
You may not enter the United States more than 10 days prior to the petition validity date.
You must follow U.S. laws and regulations while in the United States.
Your spouse and other H-4 dependents may not work while in the United States.
If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or http://www.wagehour.dol.gov/. You can also contact Consulate General Hyderabad at HydNIV@state.gov.
http://hyderabad.usconsulate.gov/h1b.html
Don�t Get Stuck on the Bench � Your Rights as an H-1B Worker
The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.
You have the following rights as an H-1B worker:
You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
You must receive the same fringe benefits on the same basis as offered to American employees.
Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
You have the following responsibilities as an H-1B worker:
You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
You may not enter the United States more than 10 days prior to the petition validity date.
You must follow U.S. laws and regulations while in the United States.
Your spouse and other H-4 dependents may not work while in the United States.
If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or http://www.wagehour.dol.gov/. You can also contact Consulate General Hyderabad at HydNIV@state.gov.
Achi Goro
11-17 03:01 PM
I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.
Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not know whether my priority date is current for the filing of these forms.
Looking at the above filing date, can some one brief me on my likely priority date?
The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).
When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.[/QUOTE]
Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not know whether my priority date is current for the filing of these forms.
Looking at the above filing date, can some one brief me on my likely priority date?
The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).
When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.[/QUOTE]
more...
amitps
09-23 09:32 PM
I am a 7/27 filer and my checks got cashed on Friday. So, do not worry there are a lot of people who have not got their notices.
sabbygirl99
07-07 08:22 PM
Anyone??
martinvisalaw
07-22 06:01 PM
Hello,
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
Your wife may be able to get a transportation letter/returning resident visa from her US consulate. These are usually given to people who have lost their green cards while overseas, but I have heard of consulates giving them to people with lost APs. It's worth asking. Good luck.
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
Your wife may be able to get a transportation letter/returning resident visa from her US consulate. These are usually given to people who have lost their green cards while overseas, but I have heard of consulates giving them to people with lost APs. It's worth asking. Good luck.
manderson
11-05 02:19 PM
and i thought i was alone...
Friends,
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
Friends,
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
shreekhand
07-25 05:23 PM
He is not supposed to give you the entire document. Please read the instructions carefully printed on the upper portion !!
Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
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