sara_apk
04-16 04:05 PM
While at J1-visa, my employer applied for H1B for me. After 3-months of no response from uscis, we sent a check for $1000 for 'premium processing'. My H1B was approved 4 days after check was mailed out. A week after approval Uscis 'REFUNDED' the check with a note the 'case was approved in regular process' hence the refund.
You can hope to get the refund and if not write to uscis and they are honest about these things.
Thanks for your reply. Do you know the address information of USCIS that I can ask them about this?
You can hope to get the refund and if not write to uscis and they are honest about these things.
Thanks for your reply. Do you know the address information of USCIS that I can ask them about this?
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tnite
06-18 12:10 PM
thanks tnite!!!... u r right my opt/h1b overlaped comfortably and i was never out of status
But the problem is that you have to send in a copy of your H1B visa for I485.
The visa will mention the fact that it was issued in May 2007
USCIS might ask you 'Place of last entry: 2000" and how come you have a visa with a issue date of May 2007.
That means that you were at a US port of entry recently.
I think putting your canadian date is the best option.(My opinion)
You can always tell USCIS that you were issued a visa in Canada and technically you left the US and came back again in May 2007
But the problem is that you have to send in a copy of your H1B visa for I485.
The visa will mention the fact that it was issued in May 2007
USCIS might ask you 'Place of last entry: 2000" and how come you have a visa with a issue date of May 2007.
That means that you were at a US port of entry recently.
I think putting your canadian date is the best option.(My opinion)
You can always tell USCIS that you were issued a visa in Canada and technically you left the US and came back again in May 2007
chanduv23
03-15 02:11 PM
You meant, getting residency on h1b is extremely 'difficult' in recent times? Anyways, if your wife has once got a residency on H1, getting a fellowship on H1 should not be that difficult. Hospitals are much easier on physicians that are already on a H1 status...its the same as its the case with IT employers...once on a H1, its easier to move around on a H1..
Just like my wife, your wife too now has sufficent H1 years to get through both residency and fellowship, I guess, so running out of time is not a problem either.
Only thing, people like you and me need to worry about is what if the residency is pursued at a non-profit (quota exempt H1) and wife decides to pursue fellowship at a for-profit (quota H1).
In that scenerio, fellowship on a H1 might be a bit of a problem...
I suggest, if your wife has already started residency on H1, avoid thinking of getting onto a J1 ever.
You will unnecessarily complicate her immigration profile...
Well Mihir, I was not talking about getting back to J1, but just correlating his experience on j1 with a possible scenerio on h1b and wanted to know if people do fellowships on h1b. I have not come across any, but have come across J1 fellowship candidates, so I was wondering that maybe it is actually difficult to get it on h1b. Anyways, I will find out as we have already started to enquire about fellowships on h1b.
Just like my wife, your wife too now has sufficent H1 years to get through both residency and fellowship, I guess, so running out of time is not a problem either.
Only thing, people like you and me need to worry about is what if the residency is pursued at a non-profit (quota exempt H1) and wife decides to pursue fellowship at a for-profit (quota H1).
In that scenerio, fellowship on a H1 might be a bit of a problem...
I suggest, if your wife has already started residency on H1, avoid thinking of getting onto a J1 ever.
You will unnecessarily complicate her immigration profile...
Well Mihir, I was not talking about getting back to J1, but just correlating his experience on j1 with a possible scenerio on h1b and wanted to know if people do fellowships on h1b. I have not come across any, but have come across J1 fellowship candidates, so I was wondering that maybe it is actually difficult to get it on h1b. Anyways, I will find out as we have already started to enquire about fellowships on h1b.
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pra945
12-02 03:47 AM
hello all,
i attended for visa stamping on dec 1st at Hyderabad consulate so i got 221g yellow form but he retained passport with him. he told to submit all the documents that are mentioned on the yellow form. did any body got same thing. usually how many days they will take for processing after submiting the documents
Thanks,
Praveen
i attended for visa stamping on dec 1st at Hyderabad consulate so i got 221g yellow form but he retained passport with him. he told to submit all the documents that are mentioned on the yellow form. did any body got same thing. usually how many days they will take for processing after submiting the documents
Thanks,
Praveen
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Saralayar
07-20 01:49 PM
Yes, but you'll need hard copy of your labour certificate which takes 1-3 weeks to arrive. I suggest keep ALL other documents 100% ready to go and send the application the moment your LC arrives. If it does not arrive by 16th, include whatever proof you have of the LC approval (email nitification etc..) and send your application. you never know they may accept it and issue an RFE later..
The priority date should be on or before June 30, 2007 for you to file the I 140 and I 485 concurrently for the July visa bulletin. Otherwise you can file just I 140 any time after your labor gets cleared.
The priority date should be on or before June 30, 2007 for you to file the I 140 and I 485 concurrently for the July visa bulletin. Otherwise you can file just I 140 any time after your labor gets cleared.
pappu
05-08 10:26 AM
Hello all,
While I was out, the office of Congress called my home last night in regards to the email i sent them a month ago about the GC retrogression and H1B shortage. They asked me to return their call, I hold off calling them back because I'm confused of what to say, the thing is i don't want to disclose where I work (don't want to get my company involved). But really I am not sure what they have called me for given that email i sent them. Any ideas would be appreciated.
Good to hear that.
You must follow up with them and tell them that you are an IV member and stuck in rertrogression. Educate them a bit about the long delays in the green card process and seek an appointment with them so that you can discuss the issues in person. As soon as you seek an appointment, get in touch with IV. (varsha at immigrationvoioce.org and sanjay at immigrationvoice.org )and they will guide you for the meeting.
These are good signs that the office wants to discuss your concerns. Make use of the opportunity and help this community and yourself by following it up. If you would not like to disclose your employer to the lawmaker, that is fine. Generally lawmaker offices are considerate and very friendly. You will like the experience after you have met them.
While I was out, the office of Congress called my home last night in regards to the email i sent them a month ago about the GC retrogression and H1B shortage. They asked me to return their call, I hold off calling them back because I'm confused of what to say, the thing is i don't want to disclose where I work (don't want to get my company involved). But really I am not sure what they have called me for given that email i sent them. Any ideas would be appreciated.
Good to hear that.
You must follow up with them and tell them that you are an IV member and stuck in rertrogression. Educate them a bit about the long delays in the green card process and seek an appointment with them so that you can discuss the issues in person. As soon as you seek an appointment, get in touch with IV. (varsha at immigrationvoioce.org and sanjay at immigrationvoice.org )and they will guide you for the meeting.
These are good signs that the office wants to discuss your concerns. Make use of the opportunity and help this community and yourself by following it up. If you would not like to disclose your employer to the lawmaker, that is fine. Generally lawmaker offices are considerate and very friendly. You will like the experience after you have met them.
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nogc_noproblem
11-14 09:55 PM
I am not sure it can be argued as discrimination. All countries equally have the 7% cap. UK, Norway, Germany, Sweden, China, India, South Africa.....Just so happens that lot more applicants from India, China, Mexico, philipines.
People from those countries listed by you (except China & India) can get GC much faster than people from India and China even though both of them have same / similar / identical skill-set, just because of this per country limit. is it not discrimination?
People from those countries listed by you (except China & India) can get GC much faster than people from India and China even though both of them have same / similar / identical skill-set, just because of this per country limit. is it not discrimination?
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v2neha
04-08 10:28 AM
PD Aug 03
RD July 07
ND Aug 07
EB3 - India
RD July 07
ND Aug 07
EB3 - India
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Iamthejuggler
01-22 05:48 AM
Well ...
"Click in the flash to activate it and move the mouse to rotate the camera." sounds mighty fine to me. Thanks kirupa :)
"Click in the flash to activate it and move the mouse to rotate the camera." sounds mighty fine to me. Thanks kirupa :)
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crazyghoda
01-21 01:26 PM
You have absolutely nothing to worry about. I left one job on Nov 24th and joined my next on Dec 6th (almost 2 weeks). I willingly took a break since I was moving to a new city and needed time to check out neighborhoods and find a new apartment, etc.
If you didnt move, just say you needed to take a break and spend time with family or travel around or whatever. Most americans i know take atleast a week or 2 off between jobs so its perfectly normal.
If you didnt move, just say you needed to take a break and spend time with family or travel around or whatever. Most americans i know take atleast a week or 2 off between jobs so its perfectly normal.
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ujjvalkoul
07-17 06:45 PM
contribute please.....
Those that are tearing up..u can call IV on the numbers mentioned..I just dd and congratulated the, on a job well done and pledged my contiuing support until all our oissues are resolved
Those that are tearing up..u can call IV on the numbers mentioned..I just dd and congratulated the, on a job well done and pledged my contiuing support until all our oissues are resolved
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hpandey
09-15 12:47 PM
Well celebrate any way you want... congrats on your new found freedom after 10 years . :)
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krishmunn
03-25 10:18 PM
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
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ashkam
09-11 08:32 AM
In my case, my I-797 approval document itself specified which consulate I had to go to, which was Mumbai. In such a case, this consulate is notified of your H1B approval and you cannot go elsewhere for stamping. Of course, this was 8 years ago so things might have changed.
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Eberth
10-28 10:12 PM
hehe, ok lost!
yeah, and i have lots of trouble on getting new clients, because im a 16 years old high school student, and because of that, people think that is too much money for someone of my age, and others think that a person of my age cant do a professional job, that's the main problem i have :( and i dont know how to go and offer my services,i dont know even what to say ( maybe what reverendflash said with the sign hehe,:smirk: ) also if you could give me some advices, on how to offer webdesign, i'd be greatfull ;)
yeah, and i have lots of trouble on getting new clients, because im a 16 years old high school student, and because of that, people think that is too much money for someone of my age, and others think that a person of my age cant do a professional job, that's the main problem i have :( and i dont know how to go and offer my services,i dont know even what to say ( maybe what reverendflash said with the sign hehe,:smirk: ) also if you could give me some advices, on how to offer webdesign, i'd be greatfull ;)
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green_mile
10-04 02:09 PM
Is it advisable to put in a big % of your income into the retirement account. There seems to be a nearly 30% early withdrawal loss if you ever were to pull money early out of that prior to 60 years of age. So basically your own money will be lost.
Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.
1)If you have a company match(if you contribute certain percentage company also contributes certain percentage towards the account) then it is wise to put money in 401K.
If not given the crappy funds offered by the 401K plan provider it is not a good idea.
2)Also don't go overboard with this 401K , don't put too much money , if you still want to invest there are other vehicles like Roth IRA.
3)Talk to qualified financial adviser instead of seeking advice from annonymous folks, especially when it comes to your money.
Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.
1)If you have a company match(if you contribute certain percentage company also contributes certain percentage towards the account) then it is wise to put money in 401K.
If not given the crappy funds offered by the 401K plan provider it is not a good idea.
2)Also don't go overboard with this 401K , don't put too much money , if you still want to invest there are other vehicles like Roth IRA.
3)Talk to qualified financial adviser instead of seeking advice from annonymous folks, especially when it comes to your money.
more...
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pd_recapturing
08-14 06:18 PM
Bumping up !
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mihird
07-11 03:30 PM
http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg
The button below the article lets you send emails to Bush and Cheney...
The button below the article lets you send emails to Bush and Cheney...
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smiledentist
10-30 11:32 PM
Any other advice please.
a_yaja
01-13 11:51 AM
Sure, I will try to do that. But the lawyer has a mind of his own, a very adamant one who would not listen to anyones suggestions. Also, I am racing against time. I have very little time to get new EVLs and have my lawyer submit them. Thanks for the suggestion.
Did your exp. letter have the number of hours (40hrs/ week) mentioned? I had an RFE for my I-140 as well (one of the points in the RFE was for exp.) . The exp. letters I submitted did not mention 40 hrs/ week. I got the letters reissued with 40 hrs/ week and that cleared the RFE. The RFE clearly mentioned that the exp. letter did not specify the number of hours worked per week.
Make sure that the exp. letters match the requirements and your experience in the the approved Labor Certification - if all the requirements do not match, that could be a reason for the RFE as well.
Did your exp. letter have the number of hours (40hrs/ week) mentioned? I had an RFE for my I-140 as well (one of the points in the RFE was for exp.) . The exp. letters I submitted did not mention 40 hrs/ week. I got the letters reissued with 40 hrs/ week and that cleared the RFE. The RFE clearly mentioned that the exp. letter did not specify the number of hours worked per week.
Make sure that the exp. letters match the requirements and your experience in the the approved Labor Certification - if all the requirements do not match, that could be a reason for the RFE as well.
obviously
07-30 12:14 AM
We should get a group of folks asking for reinstatement of I-140 premium processing. This SINGLE administrative move will enable high skilled workers on many counts. Legal interfiling cases can be expedited, and non interfilers can be one step closer to getting their I-485's with EAD cards should there be future retrogression.
Also, the reality of revenue gained from premium processing cannot be ignored. Ok, dont keep it at 15 days, make is 30 or even 45 days. But dont take it away in its entirety.
I would sincerely request even EB2's that have current dates to join in requesting I-140 premium processing. This should not negatively intersect with any of your interests.
Also, the reality of revenue gained from premium processing cannot be ignored. Ok, dont keep it at 15 days, make is 30 or even 45 days. But dont take it away in its entirety.
I would sincerely request even EB2's that have current dates to join in requesting I-140 premium processing. This should not negatively intersect with any of your interests.
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