GCSOON-Ihope
11-04 10:02 PM
How often does a denial happen in a case of H1 "transfer"? Do you know? Why would a transfer be denied?
How often is an H1 denied? I have no idea but it happened to me...twice!
The first time, the attorney screwed up. The company fired him ...and me as well since I was then out of status (long story that I will post someday, maybe...):mad: Second time, I never knew the details but the company appealed... and won.
All that can happen on any type of application of course. Everybody makes mistakes, and even without mistakes, no approval can never be guaranteed in advance.:(
How often is an H1 denied? I have no idea but it happened to me...twice!
The first time, the attorney screwed up. The company fired him ...and me as well since I was then out of status (long story that I will post someday, maybe...):mad: Second time, I never knew the details but the company appealed... and won.
All that can happen on any type of application of course. Everybody makes mistakes, and even without mistakes, no approval can never be guaranteed in advance.:(
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honeyB
01-23 04:21 PM
bump
Nitu Singh
06-12 10:33 PM
Thanks for the prompt reply and need clarification on few more things....
like when the new co is in the process of transfer of h1 or after the transfer of h1 the old co revoke I-140 then ...
1) Will I be able to get 3 yrs extension or that extension will be valid after H1 transfer ?
2) How it will effect the future GC process by new Co.?
need your suggestion on these too:
3) thinking worse scenario.. after H1 transfer to new co if lay off happens...then
how things will work out to stay on H1 status?
4) what I should discuss/need to clarify with new empl before making a move ?
thanks!
like when the new co is in the process of transfer of h1 or after the transfer of h1 the old co revoke I-140 then ...
1) Will I be able to get 3 yrs extension or that extension will be valid after H1 transfer ?
2) How it will effect the future GC process by new Co.?
need your suggestion on these too:
3) thinking worse scenario.. after H1 transfer to new co if lay off happens...then
how things will work out to stay on H1 status?
4) what I should discuss/need to clarify with new empl before making a move ?
thanks!
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Edison99
06-02 08:40 AM
Great;
Hi Edison99,
I requested for interfiling by sending an email to ebupdate.tsc@dhs.gov.
Regards,
Satya
Hi Edison99,
I requested for interfiling by sending an email to ebupdate.tsc@dhs.gov.
Regards,
Satya
more...
ganam
02-21 08:57 PM
Yes. It is possible to do H1 Transfer and use AC21 without disrupting the GC process.
Please go to
http://www.murthy.com/news/n_nuacp2.html
and see Question 11. Do I have to use an EAD to use AC21?
Please go to
http://www.murthy.com/news/n_nuacp2.html
and see Question 11. Do I have to use an EAD to use AC21?
rockstart
09-12 09:25 AM
I just saw this in latest Murthy bulletin about USCIS using Wikipedia and other internet based sources to gather information. This is serious news.
RFEs or Denials May Not Be Based on Wikipedia Information
The USCIS has been known to use an ever-growing number of publicly available sources, including internet sources such as Wikipedia. AILA members have been receiving denials based on the USCIS's use of information found on Wikipedia, an online encyclopedia to which anyone in the world may contribute information. As such, it should not be considered an objective or completely reliable source of information. SCOPS advised that it has notified the service centers and there should not be additional RFEs or denials based upon Wikipedia.
It should be noted that, as a corollary, applicants and petitioners should not try to use Wikipedia as support for their filings or arguments, since it has been deemed an unreliable source.
Link http://www.murthy.com/bulletin.html
RFEs or Denials May Not Be Based on Wikipedia Information
The USCIS has been known to use an ever-growing number of publicly available sources, including internet sources such as Wikipedia. AILA members have been receiving denials based on the USCIS's use of information found on Wikipedia, an online encyclopedia to which anyone in the world may contribute information. As such, it should not be considered an objective or completely reliable source of information. SCOPS advised that it has notified the service centers and there should not be additional RFEs or denials based upon Wikipedia.
It should be noted that, as a corollary, applicants and petitioners should not try to use Wikipedia as support for their filings or arguments, since it has been deemed an unreliable source.
Link http://www.murthy.com/bulletin.html
more...
crystal
07-07 10:34 PM
We already have two threads running on top for this . So more ppl can be informed... Its not spamming.. ;)
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kiran_k02
12-05 09:36 AM
I wonder with so many layoffs in US, how much support will H-1B quota increase lobbying group get from the congress?
I think H-1B quote increase issue might be on back-burner for now and most likely they will concentrate on getting comprehensive immigration reform bill passed by middle of next year.
I think H-1B quote increase issue might be on back-burner for now and most likely they will concentrate on getting comprehensive immigration reform bill passed by middle of next year.
more...
seahawks
09-18 12:11 AM
yeeeeeeeeeeeeeeeeeeeeeeaaaaaaaaaaaH...Welcome to D.C. Thanks for posting all the encouraging words to get everyone to come!
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hopefulgc
09-15 04:03 PM
good idea.. see you at 9:30 on wednesday
more...
alterego
05-28 09:49 AM
As a quadruple renewer, let me share with you that the date on the EAD is from the point at which it is approved. You lose some time each year. Between myself and my wife we have had 8 and it has been the same each time.
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anurakt
10-20 04:43 PM
EB-2 is the investor visa offered. You can renew every year without any time limitation. But this is purely a non-immigrant VISA. You can not get a GC from this. Of course, being on H-1B creates a conflict with this. So let your H4 spouse take advantage of this and let him/her build the business and then switch to EB-5. As a dependent, you will also get the GC.
EB-5 GC is conditional for the first two years. You have to show $1 Million non risk-free investment and employment for 10 full-time employees through your company returns for past two years at the end of conditional GC and apply for renewal. Then you will be offered a non-restrictive GC.:)
So can I take a loan and open a business to get EB-5 green card ??
EB-5 GC is conditional for the first two years. You have to show $1 Million non risk-free investment and employment for 10 full-time employees through your company returns for past two years at the end of conditional GC and apply for renewal. Then you will be offered a non-restrictive GC.:)
So can I take a loan and open a business to get EB-5 green card ??
more...
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Blog Feeds
08-08 09:30 AM
These are fun and hot summer days for us Immigration lawyers filing H1B cases (http://www.h1b.biz/lawyer-attorney-1137085.html). As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
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rvr_jcop
02-15 01:30 AM
Hello All
I have a question concerning my EAD.Company A applied for my H-1B After an year I have trfd my H-1 to company B and I have been working with company B for the past 2yrs 10 months.My H-1 b is due to expire in feb 2009.Company B Applied for my green card also. I-140 approved in November 2007.I got EAD in oct 2007 and has a valid EAD up to aug 2010.technically I am on EAD since I entered the country on advance parole.Now my company is going to renew my H-1 B .In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals,what happens to my EAD if my H-1 renewal petetion gets denied?Does denial of non immigrant petetion leads to denial of immigrant visa (i.e pending adjustment of status).What happens to my EAD.I am worried a lot.Pls advice?Should I request my company to stop the renewal process so that I can stay on EAD only.
Before asking n number of questions, it will be helpful for others(even to answer the questions) if you fill up your profile.
--Its doesnt mean that you are technically on EAD just for the reason of you entered on AP. You could choose to working on H1-B if you want to (by not sending your I-9)
--Is company B you mentioned a TARP company?
--Denial of non-imm petition does not automatically lead to denial of other immi petitions provided all else is good
Chill out and stop worrying. Talk to your attorney and make wise decision that is good for you.
This is just my opinion/understanding and others could correct me if I was wrong..
I have a question concerning my EAD.Company A applied for my H-1B After an year I have trfd my H-1 to company B and I have been working with company B for the past 2yrs 10 months.My H-1 b is due to expire in feb 2009.Company B Applied for my green card also. I-140 approved in November 2007.I got EAD in oct 2007 and has a valid EAD up to aug 2010.technically I am on EAD since I entered the country on advance parole.Now my company is going to renew my H-1 B .In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals,what happens to my EAD if my H-1 renewal petetion gets denied?Does denial of non immigrant petetion leads to denial of immigrant visa (i.e pending adjustment of status).What happens to my EAD.I am worried a lot.Pls advice?Should I request my company to stop the renewal process so that I can stay on EAD only.
Before asking n number of questions, it will be helpful for others(even to answer the questions) if you fill up your profile.
--Its doesnt mean that you are technically on EAD just for the reason of you entered on AP. You could choose to working on H1-B if you want to (by not sending your I-9)
--Is company B you mentioned a TARP company?
--Denial of non-imm petition does not automatically lead to denial of other immi petitions provided all else is good
Chill out and stop worrying. Talk to your attorney and make wise decision that is good for you.
This is just my opinion/understanding and others could correct me if I was wrong..
more...
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theMan
02-25 05:47 PM
ssd213 has pointed you in the right direction. However this is not so simple as taxes depend on a host of other factors that have not been mentioned.
To put it in one line, you will pay taxes in India after your RNOR period only on the accruals of the 401K funds. You cannot be taxed twice.
Thsis forum , http://www.r2iclubforums.com/clubvb/ has plenty of discussions on this topic.
To put it in one line, you will pay taxes in India after your RNOR period only on the accruals of the 401K funds. You cannot be taxed twice.
Thsis forum , http://www.r2iclubforums.com/clubvb/ has plenty of discussions on this topic.
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desighee
02-25 02:28 PM
In some states (like NJ), you need a letter from Social Security Administration stating that you are not eligible for SSN.
Essex,MD has the MVA office.
http://www.mva.state.md.us/LOCATION/baltimorecounty.htm
Essex - Full Service
Middlesex Shopping Center
1338-A Eastern Boulevard
Essex, MD 21221
They don't need any letter from SSN administration.However they do check your visa status etc.So should be able to prove your legal status(passport.797 form etc),
i would suggest call them up or go to their office with all the documents.They will tell u if there is anything they need and if it is missing.
they are extremely courtious people and will tell u rightaway if there are problems with ur docs.
Offcourse my information may be outdate so call them up first to make sure info is correct.
Essex,MD has the MVA office.
http://www.mva.state.md.us/LOCATION/baltimorecounty.htm
Essex - Full Service
Middlesex Shopping Center
1338-A Eastern Boulevard
Essex, MD 21221
They don't need any letter from SSN administration.However they do check your visa status etc.So should be able to prove your legal status(passport.797 form etc),
i would suggest call them up or go to their office with all the documents.They will tell u if there is anything they need and if it is missing.
they are extremely courtious people and will tell u rightaway if there are problems with ur docs.
Offcourse my information may be outdate so call them up first to make sure info is correct.
more...
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gc_on_demand
08-06 02:37 PM
Hello All
Friend of mine is applying for I 485 . And confused about One perticular question in form. Question is
Have you received public assistance in the United States from any source, including the U.S.Government or any State,county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future? YES / NO .
His wife had used Medicaid and WIC for prenetal care when she was on F2 Visa. My Friend was in F1 visa by that time. He took opinion from two different law firm and got totally different response. One firm says Medicaid and WIC are not part of public charge so donot put YES there. Another firm is asking to put YES and explain in seprate sheet. Does any one has same or simillar situation and already filled I 485 or got gc.
These are docs I found on USCIS for public charge
http://www.uscis.gov/files/article/public_cqa.pdf
http://www.uscis.gov/files/article/Public.pdf
http://www.uscis.gov/files/article/public_cfs.pdf
Please help in this matter. Any suggestion welcome.
Friend of mine is applying for I 485 . And confused about One perticular question in form. Question is
Have you received public assistance in the United States from any source, including the U.S.Government or any State,county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future? YES / NO .
His wife had used Medicaid and WIC for prenetal care when she was on F2 Visa. My Friend was in F1 visa by that time. He took opinion from two different law firm and got totally different response. One firm says Medicaid and WIC are not part of public charge so donot put YES there. Another firm is asking to put YES and explain in seprate sheet. Does any one has same or simillar situation and already filled I 485 or got gc.
These are docs I found on USCIS for public charge
http://www.uscis.gov/files/article/public_cqa.pdf
http://www.uscis.gov/files/article/Public.pdf
http://www.uscis.gov/files/article/public_cfs.pdf
Please help in this matter. Any suggestion welcome.
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nni123
10-09 05:26 PM
Leave Nov visa bulletin, I am more interested in November pay check, thank to this economy.
I like that a lot and very true
I like that a lot and very true
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va_dude
12-11 03:39 PM
i guess you could travel when an EAD/AP is pending, not sure.
But i don't think there's any way for you to get back into the country unless you have:-
1. h1/h4 visa stamped, or
2. approved AP (with the validity period of AP covering your return date)
But i don't think there's any way for you to get back into the country unless you have:-
1. h1/h4 visa stamped, or
2. approved AP (with the validity period of AP covering your return date)
rghrdr777
05-28 08:08 AM
I got my renewal EAD from TSC last week. It starts from the expiry of my current EAD.
mmk123
05-01 03:04 PM
What do you mean by a line breaker? Porting from EB3 to EB2 by satisfying all eligibility criteria is exactly valid and lawful.
Our problem is not anyone who is porting but the bottleneck created by current immigration policies (which still function to pretend we are still in 19th century and inaction by congress over the years. Let's pursue congress to take our cause.
Our problem is not anyone who is porting but the bottleneck created by current immigration policies (which still function to pretend we are still in 19th century and inaction by congress over the years. Let's pursue congress to take our cause.
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