rajkumar_engg
03-12 02:27 PM
Hi,
My company applied for my H1B extn and after 3 months the status got changed to RFE... when the company lawyers recieved the letter, they reviewed it and emailed me the text below....
"Our office just received the Request for Additional Evidence from CIS by mail. What they requested in the letter is not applicable to your case and we believe CIS issued this RFE by mistake. We will respond to CIS to clarify this issue and will keep you informed if there is any update."
I have requested my company lawyers on the specifics...
Is it even possible to get an RFE by mistake? - (may be - yes)
have you seen any such instances?
Thanks,
Raj
My company applied for my H1B extn and after 3 months the status got changed to RFE... when the company lawyers recieved the letter, they reviewed it and emailed me the text below....
"Our office just received the Request for Additional Evidence from CIS by mail. What they requested in the letter is not applicable to your case and we believe CIS issued this RFE by mistake. We will respond to CIS to clarify this issue and will keep you informed if there is any update."
I have requested my company lawyers on the specifics...
Is it even possible to get an RFE by mistake? - (may be - yes)
have you seen any such instances?
Thanks,
Raj
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garyn
04-21 07:44 PM
Hello,
I would appreciate if somebody can provide information on how to transfer my present H1 from a company to H1 from an university. I know that H1 from university does not come under quota. Is is a regular H1 transfer?
I would appreciate if somebody can answer my question
Thank You
I would appreciate if somebody can provide information on how to transfer my present H1 from a company to H1 from an university. I know that H1 from university does not come under quota. Is is a regular H1 transfer?
I would appreciate if somebody can answer my question
Thank You
H1Girl
10-13 02:59 PM
Friends,
I have had my GC for about two and a half months now. I am currently checking out SOA consultant positions with a consultancy in Saudi Arabia. I don't know the length of the contracts yet. Can I work out of USA and still apply for Citizenship after the wait of 4 years and 9 months ? Does this require me to stay a certain amount of time in USA for every year ? What are the tax implications ? Would I have to file taxes on the income that I earned out of USA ? Thank you.
Regards,
theOne
I am sure you would not have asked this question if use the term Permanent Resident instead of GC. I believe they ask you to follow the above requirements just to contribute to American Economy by providing your expertise and Tax money...
I have had my GC for about two and a half months now. I am currently checking out SOA consultant positions with a consultancy in Saudi Arabia. I don't know the length of the contracts yet. Can I work out of USA and still apply for Citizenship after the wait of 4 years and 9 months ? Does this require me to stay a certain amount of time in USA for every year ? What are the tax implications ? Would I have to file taxes on the income that I earned out of USA ? Thank you.
Regards,
theOne
I am sure you would not have asked this question if use the term Permanent Resident instead of GC. I believe they ask you to follow the above requirements just to contribute to American Economy by providing your expertise and Tax money...
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wandmaker
01-02 02:48 PM
Why should the employer hold your salary? If you had any agreement for paying back cost of your GC processing for leaving within a certain period, that would not hold any more (since last June such agreements are illegal)
No employer will write a direct agreement, you will have to payback the GC cost - instead they execute an agreement, employee should payback all the benefits (legal fees, service fee, tuition fee and etc)extended to him, if s/he leaves before X number of months/years - which is legal. Refer to one of the posts, http://immigrationvoice.org/forum/showpost.php?p=211373&postcount=3 , which has same opinion.
BTW, can you post the reference that states this kind of agreement is illegal - I would like to bookmark it, if one available.
No employer will write a direct agreement, you will have to payback the GC cost - instead they execute an agreement, employee should payback all the benefits (legal fees, service fee, tuition fee and etc)extended to him, if s/he leaves before X number of months/years - which is legal. Refer to one of the posts, http://immigrationvoice.org/forum/showpost.php?p=211373&postcount=3 , which has same opinion.
BTW, can you post the reference that states this kind of agreement is illegal - I would like to bookmark it, if one available.
more...
bharat2008
02-05 08:51 AM
Hi ,
I have I-140 approved(ABC company) and have 5 months left in my first 6 year cycle. I was laid off from the job. A New employer XYZ applied for my H1B extension based on I-140 approval and got approved for 3 years.But I was unable to join
XYZ due to family situation and moved back to India.
Questions/options:
1. Can a new employer apply for H1B extension based on my I-140 approval even though I am not in USA.? My I-140 has not been revoked or cancelled.
or
2.Can I claim the remaining time on my H1B approval(based on I-140) with company XYZ ?I have copy of the H1B approval but not sure if it has been revoked.
Please advice.
Thank you in advance.
I have I-140 approved(ABC company) and have 5 months left in my first 6 year cycle. I was laid off from the job. A New employer XYZ applied for my H1B extension based on I-140 approval and got approved for 3 years.But I was unable to join
XYZ due to family situation and moved back to India.
Questions/options:
1. Can a new employer apply for H1B extension based on my I-140 approval even though I am not in USA.? My I-140 has not been revoked or cancelled.
or
2.Can I claim the remaining time on my H1B approval(based on I-140) with company XYZ ?I have copy of the H1B approval but not sure if it has been revoked.
Please advice.
Thank you in advance.
ubetman
05-26 04:30 PM
I can't suggest anything on this. Its upto you. I guess you can wait till the end of this month. Sometimes they approve without sending FP notice as per some posts on immigration forums. you never know it is USCIS.... good luck..
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prathap
04-08 09:03 PM
My current H1 B expires on July 31 2011. With this I will be exhausting my renewals quota as my sponsoring company Wipro has not initiated GC process. Also when my last renewal was done, a mistake was done by Wipro Visa office. My first entry to US was in Aug 2004. After that I had gone out of US in Aug 2005 for 1 month vacation and returned in Sept 2005. Each time when we file for extensions, we give all the entry and exit dates. The Wipro visa office had incorrectly entered my first entry into US as Sept 2005 even though it should have been Aug 2004. Based on this they renewed my petition till July 31 2011. If we calculate now, it turns out to be the seventh year on H1. When I tried to change my employer this year, they looked at these details and informed that if I start GC process now, they will definitely calculate my dates and find out that I am in the 7th year of H1 without GC initiation. So they told it will cause issues and it would be better for me to leave the country after July 31 2011, wait for 1 year, sponsor a new H1 and then come back.
Is there any alternative I have here? Thanks for offering help.
Is there any alternative I have here? Thanks for offering help.
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Legal
08-04 09:31 PM
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question #1, page 2 addresses this issue.
Question #1, page 2 addresses this issue.
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miguy
07-17 09:55 AM
does the employment letter have to be exactly in the same format as described in 'filing your 485 on your own thread' or can it be a simple letter stating the job title, salary, responsibilities etc?........is it ok to file 485 on my own eventhough the rest of the process was handled by attorney?.......for any immigration matters my company just forwards me to their lawyer.......and there is chance the lawyer might get pissed off if I file 485 on my own.......any ideas?
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GCeffect
08-12 10:28 PM
no kiddin'....any time soon ? like in next one year?
All EB2's will becomes current before your turn (with horizontal spillover in works now)
All EB2's will becomes current before your turn (with horizontal spillover in works now)
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neeidd
06-30 05:04 PM
anyone?
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GCwaitforever
06-22 03:18 PM
Your friend has to wait till he gets his citizenship. A GC holder can only sponsor someone to visit, but can't sponsor another person for GC. A citizen surely can. I heard that an immigrant could apply to USCIS to grant spouse also a GC based on hardship grounds. But I would not bet on largesse of USCIS. It is a headache dealing with bureaucrats, lawyers and appeals.
If your friend had a traditional marriage (Church/Temple/Mosque etc ...) and not registered it or just an engagement, it should be fine. There is a risk that your friend's (would-be) wife might be denied entry into USA based on marriage to an immigrant. F-1 VISA holders are not supposed to have immigration intent.
Once his (would-be) wife lands here, your friend should have a registered marriage in USA. She has to continue on F-1 VISA till he gets his Citizenship.
There was a V VISA provision which expired as of December 2001 or 2000. This would have allowed GC holders to bring their spouses on V VISA. Ask your friend to join the groups which campaign for this provision. :)
If your friend had a traditional marriage (Church/Temple/Mosque etc ...) and not registered it or just an engagement, it should be fine. There is a risk that your friend's (would-be) wife might be denied entry into USA based on marriage to an immigrant. F-1 VISA holders are not supposed to have immigration intent.
Once his (would-be) wife lands here, your friend should have a registered marriage in USA. She has to continue on F-1 VISA till he gets his Citizenship.
There was a V VISA provision which expired as of December 2001 or 2000. This would have allowed GC holders to bring their spouses on V VISA. Ask your friend to join the groups which campaign for this provision. :)
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dilbert_cal
02-09 01:57 AM
"urgent - attorney please reply"
Can you please put in an appropriate title. Folks looking for similar answer will find it easier to find.
You do not need to inform the company holding your H1 when doing a transfer.
I believe this year's quota is over - so if you do have a file a new H1 ( and if cap to non-cap is considered a new # ) , then you will have to wait till next year.
I'm not very aware of the process of transfer between cap and non-cap - the new company's attorney are another good source for your question - they should be able to help you out faster.
Can you please put in an appropriate title. Folks looking for similar answer will find it easier to find.
You do not need to inform the company holding your H1 when doing a transfer.
I believe this year's quota is over - so if you do have a file a new H1 ( and if cap to non-cap is considered a new # ) , then you will have to wait till next year.
I'm not very aware of the process of transfer between cap and non-cap - the new company's attorney are another good source for your question - they should be able to help you out faster.
more...
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rayen
06-12 01:27 PM
I am going to file application for renewal of EAD of my spouse.She was on H-4 when she came to USA and she got EAD last year. She will start working from Aug 08. She has not used her EAD till now but went to India on AP.
1.What is manner of last entry and the current immigration status for her? Is it Parolee or H4 status in both cases?
2.I have filed I-485 after July 2007. Can I E-file? As I read somewhere on forum that On or after July 30, 2007, applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.
Thank you.
Here is the update.
1. If your wife used AP @ POE then Parolee ( AOS - Pending)
2. You can e file but you have to go for FP.
Thanks.
1.What is manner of last entry and the current immigration status for her? Is it Parolee or H4 status in both cases?
2.I have filed I-485 after July 2007. Can I E-file? As I read somewhere on forum that On or after July 30, 2007, applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.
Thank you.
Here is the update.
1. If your wife used AP @ POE then Parolee ( AOS - Pending)
2. You can e file but you have to go for FP.
Thanks.
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chem2
07-22 03:48 PM
First of all, let me begin by congratulating the IV core team and other members on staging a dignified protest to the entire July VB fiasco!
I have a question regarding the medical exam for the AOS. The civil surgeon I went to did not do a TB skin test and instead took an x-ray to verify no signs of TB. Has anyone else had the same experience, i.e. no skin test, x-ray only?
The other strange thing he told me was that some of his patients send the x-ray as part of the 485 application. Has any1 else heard of anything like this?
Last I checked, the USCIS did not employ medical personnel, but then what do I know?
Any input from fellow IV members is greatly appreciated.
Thanks and good luck to all.
I have a question regarding the medical exam for the AOS. The civil surgeon I went to did not do a TB skin test and instead took an x-ray to verify no signs of TB. Has anyone else had the same experience, i.e. no skin test, x-ray only?
The other strange thing he told me was that some of his patients send the x-ray as part of the 485 application. Has any1 else heard of anything like this?
Last I checked, the USCIS did not employ medical personnel, but then what do I know?
Any input from fellow IV members is greatly appreciated.
Thanks and good luck to all.
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spicy_guy
12-28 12:36 PM
Congrats! Shortest journey.
On the way to get your GC in about 3 months?!?!?
So this reduced your GC wait period from "uncertain or 15 years" to 3-5 months Max!
What a change!
On the way to get your GC in about 3 months?!?!?
So this reduced your GC wait period from "uncertain or 15 years" to 3-5 months Max!
What a change!
anilsal
11-11 08:54 PM
and/or calling USCIS customer service to inform that you have not received the physical card.
Please join your local state chapters.
Please join your local state chapters.
CRAZYMONK
07-21 01:14 PM
Just fill out the new I9 Form with your EAD details. You should be fine.
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