bp333
09-25 01:15 PM
What did the rejection notice say. Did it mention that checks are missing or did it say right amount was not included. My rejection notice said that the check was not made for $1010.00 But my lawyer says that the returned packet did not have the original checks in it and that the text on the notice is just a catch-all reason.
When did you resubmit it and did you hear any update ?
I have not received any receipt or rejection yet. Speaking to my lawyer, I understand that they missed to send the check.
When did you resubmit it and did you hear any update ?
I have not received any receipt or rejection yet. Speaking to my lawyer, I understand that they missed to send the check.
sa.node
02-21 04:16 PM
@Raysaikat, Paskal.
thanks for your prompt replies.
Sorry I didnt make it clear about changing status to visitors visa. I am aware that it will not be an automatic switch.
I am wondering how difficult it is to switch to visitors visa status or to extend H1b for few months? Do people have high success rate or is it full of hassle (trying to extend stay on visitor/H1 status)?
ABIM board is an exam we take after finishing residency. I would prefer to finish it now immediately after residency.
I will try to meet up with an attorney in near future and discuss these issues, will be glad to share any new important info.
thanks.
thanks for your prompt replies.
Sorry I didnt make it clear about changing status to visitors visa. I am aware that it will not be an automatic switch.
I am wondering how difficult it is to switch to visitors visa status or to extend H1b for few months? Do people have high success rate or is it full of hassle (trying to extend stay on visitor/H1 status)?
ABIM board is an exam we take after finishing residency. I would prefer to finish it now immediately after residency.
I will try to meet up with an attorney in near future and discuss these issues, will be glad to share any new important info.
thanks.
solaris27
05-22 09:29 AM
yes u can do it
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.
more...
arnet
02-26 04:10 PM
H4 visa holder can pursue their studies in US but they cannot work while studying.
he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.
so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.
My wife is completing 6 years on H1 visa in Sept 07. She is planning to join school which will isssue her I-20. The school starts in Aug07 and she need to go to India for 2 weeks in Nov 07.
Can she get H4 stamped from canada on my H1B, so that she do not face F1 rejection in india?
Thanks
he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.
so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.
My wife is completing 6 years on H1 visa in Sept 07. She is planning to join school which will isssue her I-20. The school starts in Aug07 and she need to go to India for 2 weeks in Nov 07.
Can she get H4 stamped from canada on my H1B, so that she do not face F1 rejection in india?
Thanks
reddymjm
02-10 04:05 PM
Guys --
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Erase the letters H1B from your memory.
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Erase the letters H1B from your memory.
more...
shortchanged
08-09 02:04 PM
For the benefit of people (like me ) who filed 2 sets of I-485s on same underlying I-140, during the July 07 fiasco, I am posting this info.
My July 2/07 filing got approved, I and my family got LPR cards on 8/8/8.
My other I-485 is still on with Last UD on 4/9/08 I did not get a FP notice on this, but my son and wife did FP on 1/2/08 and had LUD. I think USCIS will send a denial notice soon on these.
I also did e-filing for EAD renewal in mid July 08, did FP on 8/5/08, with a LUD on 8/8/08, the day we received out plastic GCs in mail.Again expect denial soon as I have GC now.
Any way I am not withdrawing these apllications myself,to avoid any confusion.
Fortunately I did not get RFEs, no "administrative process", as some one suggested, nor it did cause my case to be delayed specifically due to this duplicate application.
I did not want to lose the 1 month window opportunity that I got to get my AOS underway after waiting from 9/30/05,the last day when EB2 was current for me, and my PERM was found certified that morning at 10.00M.Eventhough I sent the whole package of 140/145 by day samedayFedEX, it reached VSC after office hours.VSC refused to accept my package and returned it back stating, PD not current on 10/3/05.
My next chance came almost 2 years later and the the July VB fiasco, Initial reports were that NSC was sending all the July2 back, so when I did not receive the package nor the I-797 until 8/16/07, I filed the second 485s.
Eventhough I had done stop payment on my checks and had asked" Do not Open in mail room" + plea to disregard the duplicate filing if my first filing was already accepted, with bold Multicolored lettering, the mail room clerks did not pay attention, went ahead and accepted my filing. When these checks were not cashed, USCIS sent collection notice from Debt management dept, I had to pay whether or this application was accepted or not. So I lost the filing fee and the penalty about $1200.00
I hope it will be ok for all the people who did like me. I wish all of you the best and early approvals
My July 2/07 filing got approved, I and my family got LPR cards on 8/8/8.
My other I-485 is still on with Last UD on 4/9/08 I did not get a FP notice on this, but my son and wife did FP on 1/2/08 and had LUD. I think USCIS will send a denial notice soon on these.
I also did e-filing for EAD renewal in mid July 08, did FP on 8/5/08, with a LUD on 8/8/08, the day we received out plastic GCs in mail.Again expect denial soon as I have GC now.
Any way I am not withdrawing these apllications myself,to avoid any confusion.
Fortunately I did not get RFEs, no "administrative process", as some one suggested, nor it did cause my case to be delayed specifically due to this duplicate application.
I did not want to lose the 1 month window opportunity that I got to get my AOS underway after waiting from 9/30/05,the last day when EB2 was current for me, and my PERM was found certified that morning at 10.00M.Eventhough I sent the whole package of 140/145 by day samedayFedEX, it reached VSC after office hours.VSC refused to accept my package and returned it back stating, PD not current on 10/3/05.
My next chance came almost 2 years later and the the July VB fiasco, Initial reports were that NSC was sending all the July2 back, so when I did not receive the package nor the I-797 until 8/16/07, I filed the second 485s.
Eventhough I had done stop payment on my checks and had asked" Do not Open in mail room" + plea to disregard the duplicate filing if my first filing was already accepted, with bold Multicolored lettering, the mail room clerks did not pay attention, went ahead and accepted my filing. When these checks were not cashed, USCIS sent collection notice from Debt management dept, I had to pay whether or this application was accepted or not. So I lost the filing fee and the penalty about $1200.00
I hope it will be ok for all the people who did like me. I wish all of you the best and early approvals
FUNTIMES
04-15 02:22 PM
Thanks all for the timely response. I had e-filed with taxact and will need to mail 8453-OL once the return is accepted.
more...
Ahimsa
01-31 09:27 PM
As many as 500,000 legal immigrants are in a limbo on the greencard process. Just resolve their issues so you will see most of them opening new businesses, buy houses - this will trigger high financial activity and will improve the economy automatically. Unemployment will be a thing of the past.
MrWaitingGC
06-23 09:00 PM
My priority date is EB2 Dec 2003 and I can file my 485 in June.However my spouse who is on vacation will be returning back to US on Mid July.
Considering the huge load of application that will be filed by the beginning of July , is it wise to:
1) File my 485 application in June (I have all my documentation ready including medical) and add my spouse application later or
2)Wait for for spouse to return and file together on the 3rd week of July.
Does the time gap of a couple of weeks make a huge difference in the processing of my application.
any insights please....
If your case approves in a day your wife will be out of status. I am pretty sure this will not happen. But wait for her to come and apply so that it will be safe.
Considering the huge load of application that will be filed by the beginning of July , is it wise to:
1) File my 485 application in June (I have all my documentation ready including medical) and add my spouse application later or
2)Wait for for spouse to return and file together on the 3rd week of July.
Does the time gap of a couple of weeks make a huge difference in the processing of my application.
any insights please....
If your case approves in a day your wife will be out of status. I am pretty sure this will not happen. But wait for her to come and apply so that it will be safe.
more...
ItIsNotFunny
10-22 10:24 AM
Gurus pls help,
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
There is a descripency / issue. First of all why do you have to involved company for H4 visa? It has nothing to do with H1.
Canada visit should not create issue as per my opinion.
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
There is a descripency / issue. First of all why do you have to involved company for H4 visa? It has nothing to do with H1.
Canada visit should not create issue as per my opinion.
Berkeleybee
05-31 01:12 PM
How about contacting companies to give us contact numbers of their employees who's green card is in process, then we can contact them and inform them about IV !
Carbon,
Most companies will not give out such information even to their own employees -- it is considered confidential.
Here is what my company did -- I drafted an email to my colleagues about IV, and the head of our HR sent a BCC copy to all employees in the green card process. That way employee confidentiality is preserved and the word gets out.
As far as efforts to grow our membership go -- don't wait for someone to give you the greenlight -- take whatever initiative you can. It is small, step by step, individual grassroots efforts that make a difference.
If you feel we need to reach out to various groups and communities -- don't wait for someone else to do it -- organize such an effort yourself.
Thank you all for your support and passion.
best,
Berkeleybee
Carbon,
Most companies will not give out such information even to their own employees -- it is considered confidential.
Here is what my company did -- I drafted an email to my colleagues about IV, and the head of our HR sent a BCC copy to all employees in the green card process. That way employee confidentiality is preserved and the word gets out.
As far as efforts to grow our membership go -- don't wait for someone to give you the greenlight -- take whatever initiative you can. It is small, step by step, individual grassroots efforts that make a difference.
If you feel we need to reach out to various groups and communities -- don't wait for someone else to do it -- organize such an effort yourself.
Thank you all for your support and passion.
best,
Berkeleybee
more...
Jipjap74
04-26 05:49 PM
Hi Dealsnet, thank you. This was the information I was looking for.
IVGCLIVE no idea why you are so angry with the world.
IVGCLIVE no idea why you are so angry with the world.
jayleno
02-14 08:42 PM
I think the only person who would be qualified for this would be someone who is cryogenecally(typo intended coz I dont want to google for the correct spelling) frozen like Austin Powers.
By the way I like the way you start most of your posts with "Incorrect". If the "incorrect" person is lucky, they get appropriately color coded "incorrect" in red. I bow to your wisdom.
>> even 50 years
Incorrect.
Refer to my previous post on this.
.
By the way I like the way you start most of your posts with "Incorrect". If the "incorrect" person is lucky, they get appropriately color coded "incorrect" in red. I bow to your wisdom.
>> even 50 years
Incorrect.
Refer to my previous post on this.
.
more...
devan
11-04 09:17 AM
Hello gurus,
3 Years back, before applying my 485 and my labor was pending status, i came to know that the need of birth certificate at I485 stage and I asked the records from the local panchayat and they could not find out any records on my name. Then filed the complaint in the court by providing the my passport, mark statements. After many weeks, the court ordered to provide me the birth certificate with the delayed registration 3 years back that is only on 2007. Now i have the birth certificate with the delayed registration, Now in this situvation, is it possible to go to the municipality to ask them the non-availability certificate ?
Thanks
Devan
3 Years back, before applying my 485 and my labor was pending status, i came to know that the need of birth certificate at I485 stage and I asked the records from the local panchayat and they could not find out any records on my name. Then filed the complaint in the court by providing the my passport, mark statements. After many weeks, the court ordered to provide me the birth certificate with the delayed registration 3 years back that is only on 2007. Now i have the birth certificate with the delayed registration, Now in this situvation, is it possible to go to the municipality to ask them the non-availability certificate ?
Thanks
Devan
sab
08-19 08:59 PM
Based on experience on waiting time of recently approved EAD's, on an average how long does it take to renew the EAD.
Thanks
Sab
Thanks
Sab
more...
mbawa2574
07-07 07:53 PM
I am not sure what happened but my last thread is not showing up on the main page. So I have started a new one.
ghost
10-20 06:44 AM
pledging and donating regularly is a novel concept for immigrant population, there has been some market research as well done on this when I was back in business school - feels a long time back!
Good to see folks coming out and signing up for recurring donations - every small amount counts as long as it is recurring.
For folks who want to celebrate the procurement of Greencard, it is fine as well but let's try focusing on the present than on future or past (courtesy: dialog from Rang De Basanti)...not trying to demean but trying to emphasize on the importance of present day!
Good to see folks coming out and signing up for recurring donations - every small amount counts as long as it is recurring.
For folks who want to celebrate the procurement of Greencard, it is fine as well but let's try focusing on the present than on future or past (courtesy: dialog from Rang De Basanti)...not trying to demean but trying to emphasize on the importance of present day!
rb_248
09-05 03:33 PM
Congratulations!
Thanks. But, I am still not sure if I can start celebrating.
Thanks. But, I am still not sure if I can start celebrating.
kumarc123
10-22 09:28 AM
Gurus pls help,
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
Hello there,
Well I can answer one question of your's, when you travel to Canada, they don't normally put a new I94 ( I have driven too many times)
So I would put the date specified on the old 1-94 exclusive of my trips to Canada, reason being I-94 is the only official record of entering and exiting the country. So why complicate things more?
Hope it helps
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
Hello there,
Well I can answer one question of your's, when you travel to Canada, they don't normally put a new I94 ( I have driven too many times)
So I would put the date specified on the old 1-94 exclusive of my trips to Canada, reason being I-94 is the only official record of entering and exiting the country. So why complicate things more?
Hope it helps
psk79
05-27 11:37 PM
I also paper filed EAD on 05/13/2008, Cheques cashed very next day and also received receipt notice by mail on 05/16/2008. So far no FP notices. I also read somewhere in the forum saying no FP's when paper file.
Thanks
ram
Hi Can anyone tell me if we can mail mine and my spouses EAD and AP applications all in one package?
Thanks,
Thanks
ram
Hi Can anyone tell me if we can mail mine and my spouses EAD and AP applications all in one package?
Thanks,
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