mbawa2574
07-17 06:36 PM
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boston_gc
01-25 05:49 PM
Which US consulate did you apply? Do you already have H1B on your passport? I think the best option will be to approach your employer and have them sort this issue out. Sometimes, the consulate will request for some additional information from the employer and once they get this information, they will issue the visa.
Good luck!
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
Good luck!
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
san3297
03-25 11:17 AM
You can get 1099 MISC on H1B and also include that in your tax returns. You need to file a separate form though. I have done this before and confirmed with my attny that there should be no issues with that. The only thing that is important is that the income must be of a passive type.
Income must be passive type meaning it should not exceed the income which iam getting on my present H1job or anything else which iam missing.
Income must be passive type meaning it should not exceed the income which iam getting on my present H1job or anything else which iam missing.
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prabirmehta
03-22 11:25 AM
Thanks, I'll call Senator Chambliss' office and try to request a meeting.
more...
diptam
06-26 04:07 PM
I work for a wierd desi company - They are okay payment wise ( though they also make lot of money out of me) but 485 fees they dont want to take up right now.
for me company is paying for everything except medical..
for me company is paying for everything except medical..
TomPlate
07-05 12:56 PM
What this story man. I never read from THEHindu.com or other Indian News Web sites.
CNN is junk.
But we need CNN to publish the news like this.
Immigration Law - Tragedy not only for Illegal Immigrant but also for Legal Immigrant.
CNN is junk.
But we need CNN to publish the news like this.
Immigration Law - Tragedy not only for Illegal Immigrant but also for Legal Immigrant.
more...
raysaikat
03-28 11:01 PM
Saikat,
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
Note that "status" is different from "visa".
Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).
Coming to the denial, what denial are you referring to? There are many situations.
In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.
Now supposing that you do not quit your school:
(i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.
(ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.
In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.
(iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.
Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?
-rgpr
Note that "status" is different from "visa".
Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).
Coming to the denial, what denial are you referring to? There are many situations.
In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.
Now supposing that you do not quit your school:
(i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.
(ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.
In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.
(iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.
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Saralayar
07-27 11:53 AM
I left it blank and specifically asked my attorney if i can leave it blank , he said its ok .
My attorney specifically asked me to fill that. First I forgot to fill that. They specifically send mail to fill that. Not sure.
My attorney specifically asked me to fill that. First I forgot to fill that. They specifically send mail to fill that. Not sure.
more...
ruchigup
06-02 01:49 PM
I know it is overwhelming, when we get email from USCIS about RFE. But be patient it is generally for employment verification, birth certificate, medicals etc. If there is one for spouse it could be for marriage verification.
You need to wait at least 7 days before you should call to check with them. But 7 days is fair time, and 80% (no data backing) of letters are received by then.
You need to wait at least 7 days before you should call to check with them. But 7 days is fair time, and 80% (no data backing) of letters are received by then.
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kirupa
09-11 10:31 PM
Hmm interesting! I am completely swamped with other tasks right now, but I'll *try* to look at in greater detail shortly :)
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GCapplicant
06-30 01:14 PM
Thanks pappu...
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h1bdude1
03-23 03:53 PM
one more question Plz. Sorry for bugging.
I lost this Expired EAD card during moving and now i only have its Front copy which i am going to submit with my I-765 form.
will it be any problem submitting only front copy of the Previous EAD because they are requesting for both (Front and Back) of the Previous EAD.
thanks
h1bdude1
I think you mean once you are assigned a permanent A# ! It is assigned before a visa number is assigned.
A number series starting with 1 (eg. for OPT) are temporary. Those starting with 9 are permanent.
USCIS has a regular A# consolidation unit as well as a column to check for more than one A# on their internal worksheet for I-485.
Bottom-line: give your OPT A# and they will take care of the rest. This is what I did and worked.
I lost this Expired EAD card during moving and now i only have its Front copy which i am going to submit with my I-765 form.
will it be any problem submitting only front copy of the Previous EAD because they are requesting for both (Front and Back) of the Previous EAD.
thanks
h1bdude1
I think you mean once you are assigned a permanent A# ! It is assigned before a visa number is assigned.
A number series starting with 1 (eg. for OPT) are temporary. Those starting with 9 are permanent.
USCIS has a regular A# consolidation unit as well as a column to check for more than one A# on their internal worksheet for I-485.
Bottom-line: give your OPT A# and they will take care of the rest. This is what I did and worked.
more...
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shivarajan
09-20 01:46 AM
have been using mobissimo.com search engine for flights and works gr8. It's searches across all other travel sites. :p
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thomachan72
11-06 05:02 PM
#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
more...
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san3297
03-23 08:34 AM
Hi,
I currently have a lowtraffic website with no ads.I am planning to add some adds like googleads,yahoo adwords etc..The thing is i need to give them my ssn while regestering for them and payment check will be made on my personal name.As iam currently on H1 i am in dilemma whether i can take this payments or not.Does anyone aware of dos and donots in this case.Thank you.
I currently have a lowtraffic website with no ads.I am planning to add some adds like googleads,yahoo adwords etc..The thing is i need to give them my ssn while regestering for them and payment check will be made on my personal name.As iam currently on H1 i am in dilemma whether i can take this payments or not.Does anyone aware of dos and donots in this case.Thank you.
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GCInThisLife
07-18 01:46 PM
I485 gets processed in the order of 485 RD. If cut-off dates are 'current' PD does not matter. However, if the dates are retrogressed, visa numbers would be allocated for all pre-adjucated (screening, security checks etc are completed) in the order of Priority Date so PD does matter and in fact cut-off dates would be determined based on available visas and number of pre-adjucated (already filed) cases.
Thanks for the replies. Since all the dates are current under the July bulletin, how are the 485s processed ?
1) Order of priority dates and EBs?
2) Order of the date on which the 485 applications were received?
Thanks for the replies. Since all the dates are current under the July bulletin, how are the 485s processed ?
1) Order of priority dates and EBs?
2) Order of the date on which the 485 applications were received?
more...
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gceveryone
11-09 03:39 PM
My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
My current project is finishing end of this month (Nov) and am not sure if my company will engage me in another project, I work with a offshore model company. If I dont get another project they provide two options work from India or find another company.
I filed for 485 on Jul 19. Got my EAD, 485 receipts, AP is pending. I-140 filed on Feb 28th 2007 at Nebraska and pending.
What are the risks if I move at this time. Company may not revoke I-140, but may not respond to RFE. If I take two months leave .. to buy time and come back (My current H1 stamp in passport expired), can I expect the I-140 to be approved by that time, Or can I apply for a new I140 through the new company and continue the GC processing. Iam in a dillemma as to what will happen as I have only 2 months and odd days left to invoke AC21 and USCIS is currently processing I-140 Nov15 cases as of the last update and mine is Feb'07. I would appreciate any suggestions.
Thanks a lot.
gceveryone.
Labor : Oct'2006
I-140 : Feb'07 (EB3, Nebraska, Pending Approval)
I-1485 : Jul'19 (Recd receipt notice)
I-131 : Jul'19 (Pending approval)
I-765 : Jul'19 (Recd EAD)
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richana
01-23 09:20 PM
Thanks for the reply! That was very helpful .
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Yes to Q1. Yes to Q2, but you will have to discontinue the CP option. I would suggest going the CP way in your case. AOS is unpredictable with CP you will have a definite date. Best option get H1 in India return and apply for AOS, if not apply for CP and return with H1 go back in 6 months get GC if all else fails wait in India for 6 months and come back with GC.
Do I still have to be employed by my original sponsor when i get the appt after 6 months?
If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?
Yes to Q1. Yes to Q2, but you will have to discontinue the CP option. I would suggest going the CP way in your case. AOS is unpredictable with CP you will have a definite date. Best option get H1 in India return and apply for AOS, if not apply for CP and return with H1 go back in 6 months get GC if all else fails wait in India for 6 months and come back with GC.
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averagedesi
09-23 09:30 PM
Here is a link of ppl in similar situations, its from a different forum
http://boards.immigration.com/showthread.php?p=1782958
http://boards.immigration.com/showthread.php?p=1782958
nlssubbu
04-11 05:27 PM
I am from Oregon, glad to be of help. Sent an email.
Please send me a PM if you want one more from Oregon.
Thanks
Please send me a PM if you want one more from Oregon.
Thanks
questions
06-06 02:02 AM
Hi Bhatt,
thank you! :)
I am pretty excited as this was the best thing I could hope for at this point. I have entered the DV before and was never selected.
I wish I could afford a lawyer to assist, but that doesn't seem to be an option for me right now.
Anyone has any ideas and the turn around time once I have submitted the paperwork and when to hear back from them for an interview?
thank you! :)
I am pretty excited as this was the best thing I could hope for at this point. I have entered the DV before and was never selected.
I wish I could afford a lawyer to assist, but that doesn't seem to be an option for me right now.
Anyone has any ideas and the turn around time once I have submitted the paperwork and when to hear back from them for an interview?
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