gapala
03-20 11:44 PM
As so many members have posted there is no such thing as H1 transfer. If OP continued to work for employer# 2 without joining employer X that is fine as long as OP's employer 2 did not revoke the H1 petition. So OP should be fine , all he has to do is point that he did not accept employer X offer and decided to continue with current employer (i.e. #2) and his work with employer 2 was authorized based on the continued validity of h1 petition of employer 2. Now I saw that OP mentioned somewhere that he used EAD when his H1 with employer 2 expired. This could be a potential reason for the RFE. Here's my take on it:
When OP's H1 ultimately expired there were two possible work authorizations which OP could have used : Join the employer X on H1 since that employer did not revoke the h1 petition even though he did not join them OR used EAD with either employer 2 or employer X. The OP got this RFE for I-485. If you are doing AOS from H1 the burden is on you to prove that even while your I-485 is pending you have not engaged in unauthorized work. I just feel that the IO is doing an extensive scrutiny of the OP's application and trying to make sure that OP did not engage in unauthorized work at point.
In any case the OP should get a good lawyer.
This exactly is my point "unauthorized work" part of the game.
When OP's H1 ultimately expired there were two possible work authorizations which OP could have used : Join the employer X on H1 since that employer did not revoke the h1 petition even though he did not join them OR used EAD with either employer 2 or employer X. The OP got this RFE for I-485. If you are doing AOS from H1 the burden is on you to prove that even while your I-485 is pending you have not engaged in unauthorized work. I just feel that the IO is doing an extensive scrutiny of the OP's application and trying to make sure that OP did not engage in unauthorized work at point.
In any case the OP should get a good lawyer.
This exactly is my point "unauthorized work" part of the game.
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dask
06-10 04:34 PM
sagar_nyc, agreed. EB3 is a joke and even worst I have become a joker in front of all my friends who applied in EB2 cheating the system. Funny is, experience wise, I am well ahead of all those making fun of me but...:-(
too bad, eb3 does not even have a place to vent these days as IV forums and its thread only has discussions from EB2 members.
anyway, best of luck to everybody. the world is not fair, I am willing to fight my part to make it fair and just for all.
This has really become a joke.......EB2 India had 3,341 applicants in March-2005 and it has moved to OCT 2005 so that means 6869(from March-2005 to Oct 2005) EB2 nos are available....how is that possible (based on the 7% of 140,000 divided into 3 cateogories which is 3200 each for EB1 , EB2 and EB3) ...whereas EB3-I only moved to Nov 22nd ....come on give me a break.....THIS IS ABOSOULTELY BULLSHIT.....
~dask:mad::mad::mad:
PD Jan 2002
EB3-I
too bad, eb3 does not even have a place to vent these days as IV forums and its thread only has discussions from EB2 members.
anyway, best of luck to everybody. the world is not fair, I am willing to fight my part to make it fair and just for all.
This has really become a joke.......EB2 India had 3,341 applicants in March-2005 and it has moved to OCT 2005 so that means 6869(from March-2005 to Oct 2005) EB2 nos are available....how is that possible (based on the 7% of 140,000 divided into 3 cateogories which is 3200 each for EB1 , EB2 and EB3) ...whereas EB3-I only moved to Nov 22nd ....come on give me a break.....THIS IS ABOSOULTELY BULLSHIT.....
~dask:mad::mad::mad:
PD Jan 2002
EB3-I
jasmin45
07-17 09:55 PM
To apologize, it takes more courage than bashing someone in this forum. But to be honest and speak truth, .. it takes much more than courage than to bluff. I saw some of your post on this forum and you just contradicted them all with this so called “last and final” note.
For now I will vote to remove the ban on your id but its not a bad idea for you to look at yourself and think about what you were doing in this forum for past several days and promise yourself not to repeat the same. Try to be honest about your posts and that would go a long way in this partnership
For now I will vote to remove the ban on your id but its not a bad idea for you to look at yourself and think about what you were doing in this forum for past several days and promise yourself not to repeat the same. Try to be honest about your posts and that would go a long way in this partnership
2011 Religious Pictures Jesus Cross
gssh
05-21 03:06 PM
Here is the response from congressman Eric Paulsen of MN.
Thank you for letting me know of your support for increased immigration.
We are clearly a nation of immigrants, and I support prudent levels of legal immigration into this country.
There are a variety of legislative proposals to reform our current immigration system, which is widely acknowledged to be broken. The House Judiciary Committee, of which I am not a member, will be holding hearings on the initiatives for a comprehensive review.
You can be sure I will keep your views in mind as I review the committee's recommendations and legislation on this issue moves forward.
Thanks again for sharing your concerns, as I appreciate hearing from you. Please let me know whenever I can be of assistance.
Sincerely,
Erik Paulsen
Member of Congress
Thank you for letting me know of your support for increased immigration.
We are clearly a nation of immigrants, and I support prudent levels of legal immigration into this country.
There are a variety of legislative proposals to reform our current immigration system, which is widely acknowledged to be broken. The House Judiciary Committee, of which I am not a member, will be holding hearings on the initiatives for a comprehensive review.
You can be sure I will keep your views in mind as I review the committee's recommendations and legislation on this issue moves forward.
Thanks again for sharing your concerns, as I appreciate hearing from you. Please let me know whenever I can be of assistance.
Sincerely,
Erik Paulsen
Member of Congress
more...
nrakkati
03-21 05:55 PM
If you want to hear from Murthy, see the link I posted earlier
Here it is
http://www.murthy.com/news/n_immrum.html
Relevant part from the link
"
Each H1B Employer Must File a New H1B Petition
.................................................. ............................................... When an H1B employee wants to change employers in the United States, the prospective new employer must first file a new H1B petition. Although many people refer to this as an H1B "transfer," there is no separate transfer procedure under law. Each H1B is employer-specific and requires the filing of a new H1B petition and an approval from the USCIS to work for the new H1B employer.
.................................................. .................................................. ....
"
Thank you very much, gc28262.
That's exactly what I was looking for.
IV community has answered all my questions.
Special thanks to desi3933 and gc28262
I will update the thread once I submit the RFE.
Good Luck for All of YOU with your GC process.
Here it is
http://www.murthy.com/news/n_immrum.html
Relevant part from the link
"
Each H1B Employer Must File a New H1B Petition
.................................................. ............................................... When an H1B employee wants to change employers in the United States, the prospective new employer must first file a new H1B petition. Although many people refer to this as an H1B "transfer," there is no separate transfer procedure under law. Each H1B is employer-specific and requires the filing of a new H1B petition and an approval from the USCIS to work for the new H1B employer.
.................................................. .................................................. ....
"
Thank you very much, gc28262.
That's exactly what I was looking for.
IV community has answered all my questions.
Special thanks to desi3933 and gc28262
I will update the thread once I submit the RFE.
Good Luck for All of YOU with your GC process.
spulugur
05-31 09:28 AM
Transaction ID: 0U19851539556643W
Amount: $100
Amount: $100
more...
walking_dude
10-15 05:45 PM
Michigan, find your Immigration Voice on 10/20. For when, where and what, look below!
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gonecrazyonh4
03-16 02:28 PM
I agree with you. Why are we penalised for being on H4 Visa ?
Most people on H4 Visas are well educated and would easily be able to contribute to american economy. We are lawabiding and can give so much to american economy. All our talents are wasted and skills are rotting sitting around for the backlog centers to clear the LC's and for retrogression to end.Meanwhile we practically have no life and are completely dependant .
Immigration Voice should try to include the greviances of H4 spuses into consideration.
Most people on H4 Visas are well educated and would easily be able to contribute to american economy. We are lawabiding and can give so much to american economy. All our talents are wasted and skills are rotting sitting around for the backlog centers to clear the LC's and for retrogression to end.Meanwhile we practically have no life and are completely dependant .
Immigration Voice should try to include the greviances of H4 spuses into consideration.
more...
franklin
09-27 03:44 PM
Could you please translate this into layman's English? What you appear to be saying is that speed (CIS efficiency) is more important than number (quotas), but your expample confirms that cases are stuck because of number unavailability (quotas), not because of CIS inefficiency. You got your own green card in three months, did not you? That tells me that CIS darn well capable of processing applications in a timely manner.
Like I said, its a combination of the 2 main things, the efficiency of processing and the quota limits. Changing either 1 without the other other probably won't get us far.
Yes, USCIS IS capable of processing quickly (for example, my own case - but I'd say I was very VERY lucky, rather than an indication of system wide improvements). Remember, my GC was approved whilst my PD was not current, and I am still baffled why this happened. Having talked to many people about it, there is a strong suspicion of "squeaky wheel" helping.
What I was trying to say was - the perceived improvement in speed in the last quota 1/4 of this year (May- Sept) was NOT because USCIS suddenly streamlined and improved their processing speed. It was because there was a backlog of approved applications just waiting for PDs to move so that visa numbers can be assigned.
Like I said, its a combination of the 2 main things, the efficiency of processing and the quota limits. Changing either 1 without the other other probably won't get us far.
Yes, USCIS IS capable of processing quickly (for example, my own case - but I'd say I was very VERY lucky, rather than an indication of system wide improvements). Remember, my GC was approved whilst my PD was not current, and I am still baffled why this happened. Having talked to many people about it, there is a strong suspicion of "squeaky wheel" helping.
What I was trying to say was - the perceived improvement in speed in the last quota 1/4 of this year (May- Sept) was NOT because USCIS suddenly streamlined and improved their processing speed. It was because there was a backlog of approved applications just waiting for PDs to move so that visa numbers can be assigned.
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tonyHK12
03-28 08:33 PM
Now Tony, unless you are lacking in any confidence, you wouldn't be acting out like a big baby here. Now shut the trap up and learn to ignore the irrelevant bickerings.
Shut the f*ck up when no one is talking about you
Shut the f*ck up when no one is talking about you
more...
iqube00
10-16 09:24 AM
Inspite of this rumor, they sent us urgent email, that they are working overnight this weekend and if possible they wud like to dispatch our 485 papers before saturday noon for Monday am delivery at uscis. We were impressed. They even didnt asked for the attorney fees in this moment , we just submitted the filing fees.
www.gotcherlaw.com, in Los Angeles, speak to Mr Ron Gotcher, just in case.
Whereas one of my friends attorney is not in a hurry, rather king of gaveup and waiting for the monday/tuesday developments.
best,
I second this recomendation. Ron and all his paralegals are great folks. Right during the fiasco, they were responding to all my emails promptly. Ron kept sending email updates about what was going on. When all my friends lawyers were not picking up the phone or answering emails, Ron was sending out emails to all the clients and was encouraging them to email him and call him with questions. I would highly recomend this law firm to anyone.
www.gotcherlaw.com, in Los Angeles, speak to Mr Ron Gotcher, just in case.
Whereas one of my friends attorney is not in a hurry, rather king of gaveup and waiting for the monday/tuesday developments.
best,
I second this recomendation. Ron and all his paralegals are great folks. Right during the fiasco, they were responding to all my emails promptly. Ron kept sending email updates about what was going on. When all my friends lawyers were not picking up the phone or answering emails, Ron was sending out emails to all the clients and was encouraging them to email him and call him with questions. I would highly recomend this law firm to anyone.
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walking_dude
10-05 11:14 AM
You are most welcome to join us. Try to get a friend or two along with you.
We can do it together
I am from Auburn Hills, Date: 10/20; Location: Troy Recreation Center; Time: 10.00 am; ok to me.
Count me in...
We can do it together
I am from Auburn Hills, Date: 10/20; Location: Troy Recreation Center; Time: 10.00 am; ok to me.
Count me in...
more...
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ocpmachine
09-25 11:41 AM
Guys who got NOID/Denied 485, quick question.
Looking back, do you think it was worth making the job move using AC21? Is it really worth the time, money, anxiety, sleepless nights that you go through during NOID-MTR?
For people getting layed off, they have no choice but to use AC21, but for rest of us, why not continue with the job you are currently in and let the GC take its turn rather than risking it?
PS: I am in US for past 5 yrs with May06 PD. I am just trying to get an opinion here, so don't flame on me. I was comtemplating on using AC21 but reading all the NOID stories, i am bit hesitent now.
Looking back, do you think it was worth making the job move using AC21? Is it really worth the time, money, anxiety, sleepless nights that you go through during NOID-MTR?
For people getting layed off, they have no choice but to use AC21, but for rest of us, why not continue with the job you are currently in and let the GC take its turn rather than risking it?
PS: I am in US for past 5 yrs with May06 PD. I am just trying to get an opinion here, so don't flame on me. I was comtemplating on using AC21 but reading all the NOID stories, i am bit hesitent now.
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vdlrao
09-20 10:36 PM
Hi all,
First I thank IV core team for making the D.C rally a big success.
Here are few of my thouts.
1)To get more chinese and other foreign nationals involved in our team we better to put active chinese and other nationals in IV core team (Its just my idea and if you think its not a good one please ignore it.)
2) Yes we better do a second rally but at thesame time we better to educate them first by giving adevrtisements and things like that.
First I thank IV core team for making the D.C rally a big success.
Here are few of my thouts.
1)To get more chinese and other foreign nationals involved in our team we better to put active chinese and other nationals in IV core team (Its just my idea and if you think its not a good one please ignore it.)
2) Yes we better do a second rally but at thesame time we better to educate them first by giving adevrtisements and things like that.
more...
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jungalee43
09-28 11:36 AM
By waiting you are doing the same mistake that I did last year. My AC21 RFE was mailed to my previous employer's attorney. They promptly mailed it to me. But I did not get it for one month. In the mean while my priority date became current and I thought that attorney was playing games with me.
After waiting for one month I went to my post office and lodged a written complaint. In two hours the notice popped up in my mail box.
What had happened was that the mail man had simply delivered the notice in mail box 5617 instead of 5616 and no one was living in apartment 5617 and no one picked it up.
By the way, with that much delay I missed the 2007 bus.
My attorney called them and requested the copy of Denial notice as well as asked them for faxing it.
Still not received anything.
Not sure what to do except waiting.
Irony is that all notice reaches on time except denial notice. Seems like they are trying to eliminate backlog by doing some tricks
After waiting for one month I went to my post office and lodged a written complaint. In two hours the notice popped up in my mail box.
What had happened was that the mail man had simply delivered the notice in mail box 5617 instead of 5616 and no one was living in apartment 5617 and no one picked it up.
By the way, with that much delay I missed the 2007 bus.
My attorney called them and requested the copy of Denial notice as well as asked them for faxing it.
Still not received anything.
Not sure what to do except waiting.
Irony is that all notice reaches on time except denial notice. Seems like they are trying to eliminate backlog by doing some tricks
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gsc999
02-08 03:15 PM
I am volunteering at a temple next weekend and I will take some templates there for signatures
Templar of the Temple Templates, have fun :)
Templar of the Temple Templates, have fun :)
more...
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Imm_Exploited
03-24 08:28 PM
Not insider information but I do have access to a lot of rfe's and issues that are going on in the EB community:
USCIS revoking approved I-140's
USCIS adding up all 140's together and asking companies to prove ability to pay for all candidates together
department of labor auditing just about every eb2 labor
vermont and california service center giving very difficult rfe's to h-1b's - change of employers and extensions (they are actually denying them to)
Consulates sending complaints to department of labor when h-4 goes for visa stamping and they see primary hasn't received paystubs from entry into usa
companies closing down because fines/penalties from department of labor are too much.
random visits from department of labor and ICE to employee homes
IRS auditing per diems
It really seems that the government is making a concerted effort in giving the employers and employees a very difficult time. Started getting tough in 2004 but have really ramped it up a notch in last nine months.
... and award Green Cards in exchange for SEX :D
No pun intended. IE
USCIS revoking approved I-140's
USCIS adding up all 140's together and asking companies to prove ability to pay for all candidates together
department of labor auditing just about every eb2 labor
vermont and california service center giving very difficult rfe's to h-1b's - change of employers and extensions (they are actually denying them to)
Consulates sending complaints to department of labor when h-4 goes for visa stamping and they see primary hasn't received paystubs from entry into usa
companies closing down because fines/penalties from department of labor are too much.
random visits from department of labor and ICE to employee homes
IRS auditing per diems
It really seems that the government is making a concerted effort in giving the employers and employees a very difficult time. Started getting tough in 2004 but have really ramped it up a notch in last nine months.
... and award Green Cards in exchange for SEX :D
No pun intended. IE
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H1B-GC
06-27 09:03 AM
USCIS has become the Cash cow of the Cash strapped US govt. We are the chickens whose feathers are being skinned.
:eek:
:eek:
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mheggade
07-16 11:35 AM
I think very few people will disagree with the fact that EB2 I will retrogress in OCT. Reason for this is DOS always tends to take conservative approach to set the cutoff dates in the first and second quarters.
GreenCord
07-20 05:28 AM
:rolleyes: Hi frens,
My employer filed I-140 on July 12th and at Nebraska Service Center which must have been deleivered by now. And my employer persist that they cannot file I-485 until I get receipt notice. I even came to know on another thread even without receipt notice I-485 can be filed with an application as a cover letter.
So can I do that myself without the help of the employer or I have to wait for the receipt notice.
Is there any way we can get the info by USCIS by calling them or by taking InfoPass Appointment and asking them..
Please advise. Thanks in advance.
Q-7 (07/19/2007): Since I could not file I-485 in July, I filed a stand-alone I-140 petition last week. I have yet to receive the Receipt Notice. What do I have to do?
A-7: Believe it or not, this is one of the most common questions I have received in the email. Without I-140 Receipt Notice and case number, there is absolutely no way you can file a stand-alone I-485 application. Assuming that you filed earlier and at least you found the receipt number through the cancelled check, it is still risky to file a stand-alone I-485 under the given circumstances. You can ask the USCIS "interfile to XXXXXX" without a copy of the pending I-140 receipt notice, but it is still not recommended. The option may be filing a new concurrent I-140/I-485. But predicament is lack of "original" labor certification. Service Centers have been denying such I-140 petition in a number of cases for lack of original labor certification application. The AILA may attempt to find an answer for this situation, but under the circumstances, you may not have any option other trying filing with the best evidence of I-140 petition filing proof including a copy of the cancelled filing check from the bank, federal or ups overnight delivery tracking record, complete copy of I-140 petition and supporting documentation, and I-485 application and documentation. It is better trying than doing nothing at this point. Or you can wait until first or second week to see whether you will receive the receipt notice of I-140 petition and file I-485 applicatiopn with this receipt notice. Inasmuch as you were eligible in July under the July VB, the extended period of I-485 application may work.
My employer filed I-140 on July 12th and at Nebraska Service Center which must have been deleivered by now. And my employer persist that they cannot file I-485 until I get receipt notice. I even came to know on another thread even without receipt notice I-485 can be filed with an application as a cover letter.
So can I do that myself without the help of the employer or I have to wait for the receipt notice.
Is there any way we can get the info by USCIS by calling them or by taking InfoPass Appointment and asking them..
Please advise. Thanks in advance.
Q-7 (07/19/2007): Since I could not file I-485 in July, I filed a stand-alone I-140 petition last week. I have yet to receive the Receipt Notice. What do I have to do?
A-7: Believe it or not, this is one of the most common questions I have received in the email. Without I-140 Receipt Notice and case number, there is absolutely no way you can file a stand-alone I-485 application. Assuming that you filed earlier and at least you found the receipt number through the cancelled check, it is still risky to file a stand-alone I-485 under the given circumstances. You can ask the USCIS "interfile to XXXXXX" without a copy of the pending I-140 receipt notice, but it is still not recommended. The option may be filing a new concurrent I-140/I-485. But predicament is lack of "original" labor certification. Service Centers have been denying such I-140 petition in a number of cases for lack of original labor certification application. The AILA may attempt to find an answer for this situation, but under the circumstances, you may not have any option other trying filing with the best evidence of I-140 petition filing proof including a copy of the cancelled filing check from the bank, federal or ups overnight delivery tracking record, complete copy of I-140 petition and supporting documentation, and I-485 application and documentation. It is better trying than doing nothing at this point. Or you can wait until first or second week to see whether you will receive the receipt notice of I-140 petition and file I-485 applicatiopn with this receipt notice. Inasmuch as you were eligible in July under the July VB, the extended period of I-485 application may work.
nareshg
06-14 12:05 PM
Maybe one can get a birth certificate from Consulate General of India here in the US ?
Here is a link to the one in SFO...and it talks of applying for the birth certificate...
http://www.cgisf.org/visa/indian_services.html#mis-bc
http://www.cgisf.org/
Here is a link to the one in SFO...and it talks of applying for the birth certificate...
http://www.cgisf.org/visa/indian_services.html#mis-bc
http://www.cgisf.org/
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