RedHat
08-29 11:41 PM
Today i got REF regarding my GC .
USCIS is asking me to provide following:
1)All Documents pertaining to US immegration status. Including most recent I-94 , EAD, and all my H1 copies
2)Copies of all US Federal Tax retuns ever filed.
3)Copies of first and last pay stubs of all US employers.
4)Birth Ceritificatates
5)Marriage cetificate and cermony photos.
I have all documents except my first paycheck of the first employer.
I came to USA in the year of 1999 without my employer permision.
I stayed with frieds help without informing the my employer(who filed the H1B was not interested to bring me usa becuase market was not good). It took 8 months to get job after that i contact my employer and i was with him for 6 months and joined another company.
Only problem is , i stayed 8 months in the USA without job(without status).
Between 1999 to 2007 i visited inida 4 times without any issues.
USCIS is asking me submit my first paycheck. - I did not work first 8 months
Anyone can guide me how to handle this case?.
If i tell my employer was not paid first 8 months will that be any problem?
And what are chances of get my GC.
Please help!
USCIS is asking me to provide following:
1)All Documents pertaining to US immegration status. Including most recent I-94 , EAD, and all my H1 copies
2)Copies of all US Federal Tax retuns ever filed.
3)Copies of first and last pay stubs of all US employers.
4)Birth Ceritificatates
5)Marriage cetificate and cermony photos.
I have all documents except my first paycheck of the first employer.
I came to USA in the year of 1999 without my employer permision.
I stayed with frieds help without informing the my employer(who filed the H1B was not interested to bring me usa becuase market was not good). It took 8 months to get job after that i contact my employer and i was with him for 6 months and joined another company.
Only problem is , i stayed 8 months in the USA without job(without status).
Between 1999 to 2007 i visited inida 4 times without any issues.
USCIS is asking me submit my first paycheck. - I did not work first 8 months
Anyone can guide me how to handle this case?.
If i tell my employer was not paid first 8 months will that be any problem?
And what are chances of get my GC.
Please help!
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EkAurAaya
05-24 12:42 PM
http://timesofindia.indiatimes.com/articleshow/msid-2072510,prtpage-1.cms
Great immigration debate has Indians steamed up
24 May, 2007 l 2200 hrs ISTlCHIDANAND RAJGHATTA/TIMES NEWS NETWORK
WASHINGTON: The fate of tens of thousands of high-skilled Indian professionals waiting to be permanent US residents is being sidelined in an immigration debate that is heavily tilted in favor of illegal workers, according to advocates of high-tech immigration and Indian activists.
Close to 450,000 Indian professionals are caught up in the H1-B-Green Card gridlock, but the immigration bill currently being debated in Congress will exacerbate their agony instead of resolving the matter, activists
for the skilled immigrants lobby say.
Despite the support of US high-tech companies such as Microsoft and Cisco, and business-industry lobbying groups, the ongoing debate centers mainly on the 12 million mostly illegal immigrants, who, under the new proposals being mooted, will jump ahead of high-skilled Indians and qualify to become US citizens.
"What's being debated here is a pro-illegal worker, anti-skilled professional bill," says Aman Kapoor, co-founder of the advocacy group Immigration Voice(www.immigrationvoice.com)
According to Kapoor and others, some of the new rules being considered will be heartbreaking for skilled Indian professionals. Not only is there a proposal to reduce skilled worker Green Cards from 140,000 to 90,000, there is also a move that would require H1B holders to renew their visas on an annual basis.
A new merit-based points system is also loaded against skilled professionals, they say. For instance, economic contribution by the undocumented is recognized by awarding points for property ownership but not for people working legally.
Even accounting for proposed hike in skilled worker Green Card allocation to individual countries from 7 per cent to ten per cent of the total quota, it will take 45 years to clear the backlog from India at the rate of around 10,000 Green Cards a year, claims Kapoor. "What this country is saying is that it prefers cherry pickers to high skilled work force, not that I have anything against cherry pickers," he said.
Vinod Agarwal's immigration saga is a typical narrative that describes the tortured lives of the nearly half million young Indians mired in the great wrangle currently roiling the United States.
Vinod came to the 'States for his masters' degree in 1997 on an F-1 student visa and changed to an H1-B visa when he was hired by a U.S tech company in 2000. In 2001, his employer started the process to help him secure a permanent resident visa, or Green Card, the first step towards eventual US citizenship.
Thanks to a gridlock arising from complicated rules and a huge backlog, this process, now five years old, could take another two to three years. Among the big hurdles: a yearly limit of 140,000 on employment-based Green Cards for skilled workers.
To further stymie things, no more than seven per cent of Green Cards � less than 10,000 -- are allowed to be allocated to immigrants (including their spouses and children) from any one country. The per-country limitation was meant to avoid monopolization by any one country, but it puts a crimp on countries such as India, China and Russia, which send far more high skilled workers to the US than others.
Because of this mess, Vinod has had to put a hold on some of the most important decisions in his life � like marriage, or making investment commitments. And because his Green Card process is tied to his employer, he cannot make career moves and has to put a lid on his entrepreneurial ambitions and options.
So, a decade after he came to the land of opportunity, Vinod is still a guest, although the contribution of his ilk to the American economy is a matter of record.
According to a recent study, 24% of all the US patents filed from the US are by foreign nationals on temporary visas. Nearly a quarter of tech companies in Silicon Valley are started by skilled professionals who came to the US on H1-B visas.
If Vinod and his type thought the new immigration bill now being debated in the US Congress could address their plight, the were mistaken. The bill, say Immigration Voice activists, has been hijacked by advocates for restricting high-skilled immigrants and those promoting vote bank politics.
"Illegal immigrants are sucking all the air in the room," adds Vikas Chowdhury, a tech professional also caught in the Green Card imbroglio. "The message from the US Senate to legal, skill based immigrants is, 'so long suckers!"
Great immigration debate has Indians steamed up
24 May, 2007 l 2200 hrs ISTlCHIDANAND RAJGHATTA/TIMES NEWS NETWORK
WASHINGTON: The fate of tens of thousands of high-skilled Indian professionals waiting to be permanent US residents is being sidelined in an immigration debate that is heavily tilted in favor of illegal workers, according to advocates of high-tech immigration and Indian activists.
Close to 450,000 Indian professionals are caught up in the H1-B-Green Card gridlock, but the immigration bill currently being debated in Congress will exacerbate their agony instead of resolving the matter, activists
for the skilled immigrants lobby say.
Despite the support of US high-tech companies such as Microsoft and Cisco, and business-industry lobbying groups, the ongoing debate centers mainly on the 12 million mostly illegal immigrants, who, under the new proposals being mooted, will jump ahead of high-skilled Indians and qualify to become US citizens.
"What's being debated here is a pro-illegal worker, anti-skilled professional bill," says Aman Kapoor, co-founder of the advocacy group Immigration Voice(www.immigrationvoice.com)
According to Kapoor and others, some of the new rules being considered will be heartbreaking for skilled Indian professionals. Not only is there a proposal to reduce skilled worker Green Cards from 140,000 to 90,000, there is also a move that would require H1B holders to renew their visas on an annual basis.
A new merit-based points system is also loaded against skilled professionals, they say. For instance, economic contribution by the undocumented is recognized by awarding points for property ownership but not for people working legally.
Even accounting for proposed hike in skilled worker Green Card allocation to individual countries from 7 per cent to ten per cent of the total quota, it will take 45 years to clear the backlog from India at the rate of around 10,000 Green Cards a year, claims Kapoor. "What this country is saying is that it prefers cherry pickers to high skilled work force, not that I have anything against cherry pickers," he said.
Vinod Agarwal's immigration saga is a typical narrative that describes the tortured lives of the nearly half million young Indians mired in the great wrangle currently roiling the United States.
Vinod came to the 'States for his masters' degree in 1997 on an F-1 student visa and changed to an H1-B visa when he was hired by a U.S tech company in 2000. In 2001, his employer started the process to help him secure a permanent resident visa, or Green Card, the first step towards eventual US citizenship.
Thanks to a gridlock arising from complicated rules and a huge backlog, this process, now five years old, could take another two to three years. Among the big hurdles: a yearly limit of 140,000 on employment-based Green Cards for skilled workers.
To further stymie things, no more than seven per cent of Green Cards � less than 10,000 -- are allowed to be allocated to immigrants (including their spouses and children) from any one country. The per-country limitation was meant to avoid monopolization by any one country, but it puts a crimp on countries such as India, China and Russia, which send far more high skilled workers to the US than others.
Because of this mess, Vinod has had to put a hold on some of the most important decisions in his life � like marriage, or making investment commitments. And because his Green Card process is tied to his employer, he cannot make career moves and has to put a lid on his entrepreneurial ambitions and options.
So, a decade after he came to the land of opportunity, Vinod is still a guest, although the contribution of his ilk to the American economy is a matter of record.
According to a recent study, 24% of all the US patents filed from the US are by foreign nationals on temporary visas. Nearly a quarter of tech companies in Silicon Valley are started by skilled professionals who came to the US on H1-B visas.
If Vinod and his type thought the new immigration bill now being debated in the US Congress could address their plight, the were mistaken. The bill, say Immigration Voice activists, has been hijacked by advocates for restricting high-skilled immigrants and those promoting vote bank politics.
"Illegal immigrants are sucking all the air in the room," adds Vikas Chowdhury, a tech professional also caught in the Green Card imbroglio. "The message from the US Senate to legal, skill based immigrants is, 'so long suckers!"
sundarpn
07-20 11:19 PM
Wont' redirection of US Mail work to forward these?
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tabletpc
08-27 09:16 AM
Thanks guys for response...
so basically in short....
I can aply for visitors visa an visit cananda while my PR is in proceess right..??
so basically in short....
I can aply for visitors visa an visit cananda while my PR is in proceess right..??
more...
niceguy
02-22 06:22 PM
For me they accepted interfiling and it introduced another problem. I had 140/485 filed with sub LC and before they looked at this concurrent file, another I140 with my original LC approved. Both are in EB2. We asked uscis to use my second approved I140 in place of pending I140 (lc sub). After 6 months, they looked at my concurrent file, sent rfe and denied my first I140 as they didn't agree my BITS-pilani MS is equal to US masters.
Then they looked at our request on interfiling that was sent 6 months before, then sent an intent to revoke on my approved I140 too with the same reason. Our attorney replied this time equating my AMIETE to US bachelors since they any way denied with Masters. We are still waiting after 2 months+.
The moral is, they accept the interfiling, but it takes time for them to put it in your file - some one said 2-3 months. You don't receive any ack on successful interfiling though.
Hope this helps.
Then they looked at our request on interfiling that was sent 6 months before, then sent an intent to revoke on my approved I140 too with the same reason. Our attorney replied this time equating my AMIETE to US bachelors since they any way denied with Masters. We are still waiting after 2 months+.
The moral is, they accept the interfiling, but it takes time for them to put it in your file - some one said 2-3 months. You don't receive any ack on successful interfiling though.
Hope this helps.
leo2606
10-29 04:43 PM
I did some mistakes when I went for Visa intervew in March 2007, I have done a new form on line and printed again.If they have not changed the usage of online DS-156 you could do the same thing.
Guys
I entered Passport Issuing city as Bangalore instead of Washington DC in DS-156 form, I am not able to update these fields as they are locked. I cant cancel this appointment as I have already done once before and if I cancel again I wont be able to book for another 3 months. What do I do? Please respond if you have any answers. Will calling the New Delhi customer support line help?
Thanks
Guys
I entered Passport Issuing city as Bangalore instead of Washington DC in DS-156 form, I am not able to update these fields as they are locked. I cant cancel this appointment as I have already done once before and if I cancel again I wont be able to book for another 3 months. What do I do? Please respond if you have any answers. Will calling the New Delhi customer support line help?
Thanks
more...
nagrajram
12-17 11:23 AM
Now the biggest hurdle of Apr 30, 2001 is crossed. I am sure that not many people has filed between Sep 2001 and February 2002. Also if you look into PD for China and Phillipines, the dates moved very fast after June 2001. Lot of people applied in late 2002 and early 2003. My guess would be that it will take about 3 to 4 years to clear all the backlogs of 2003. For 2004 it may be over 5 years.
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pcs
07-31 01:57 PM
Both same employer
more...
aka
10-23 08:48 PM
Hi prom2, thanks for continuing this thread. Could you rename it to early-June filers or something more broad? Or maybe even the same name as the previous thread? That way, the same members can simply join this thread. Your present title is way too specific and with all the other similar threads out there, we might be missed by some members.
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danu2007
10-09 09:11 PM
Please go to below thread and update the list with your details.
http://immigrationvoice.org/forum/showthread.php?t=5935
http://immigrationvoice.org/forum/showthread.php?t=5935
more...
bharmohan
07-23 10:56 PM
Hello,
I have appeared at Delhi embassy for stamping. I got 7 years experience in US. I am working for Company A, through vendor B, client C.
VO: How many employees your company has?.
Me: XXX (Based on H1 data information in I-129).
VO: Do you have client letter with you?.
Me: I showed it.
VO: Do you have a contract between your employer and client?.
Me: I said there is a vendor between, as soon as I told he has given 221G green. I was trying to give letter from Vendor B and contract letters, but VO said I think you have all the documents but take your tme and submit all at the other window.
VO ticked the I-797, I-129 and Clinet letters, itinarary & contracts.
I just submitted all the documents including all the contract letters at the same time. I am just cross-fingered.
Any idea how long it took?. Is this called a AAO or administration processing?.
I have appeared at Delhi embassy for stamping. I got 7 years experience in US. I am working for Company A, through vendor B, client C.
VO: How many employees your company has?.
Me: XXX (Based on H1 data information in I-129).
VO: Do you have client letter with you?.
Me: I showed it.
VO: Do you have a contract between your employer and client?.
Me: I said there is a vendor between, as soon as I told he has given 221G green. I was trying to give letter from Vendor B and contract letters, but VO said I think you have all the documents but take your tme and submit all at the other window.
VO ticked the I-797, I-129 and Clinet letters, itinarary & contracts.
I just submitted all the documents including all the contract letters at the same time. I am just cross-fingered.
Any idea how long it took?. Is this called a AAO or administration processing?.
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eb3_nepa
04-23 11:50 AM
What about EB1s? Were they also Unavailable in the interim July 2- July 17 blackout period?
more...
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same_old_guy
08-16 03:11 PM
1) The company has to send a letter to USCIS to withdraw the I-129.
2) It can withdraw at any time before or after approval. In fact it wont matter to you if you never work for the company.
3) If USCIS rejects it, as in not selected in lottery, you will get back USCIS fee. If you withdraw it there is no refund. In any case, you dont get back lawyer's fee.
4) Withdraw can be done anytime.
5) No form. The company has to send a letter in letterhead stating the receipt number, asking to revoke the application.
6) I dont think USCIS sends any confirmation if H1 is revoked by employer. In any case of H1, you dont have to worry so much. It's all responsibility of the company. It's perfectly valid to have more than 1 H1 at any time.
2) It can withdraw at any time before or after approval. In fact it wont matter to you if you never work for the company.
3) If USCIS rejects it, as in not selected in lottery, you will get back USCIS fee. If you withdraw it there is no refund. In any case, you dont get back lawyer's fee.
4) Withdraw can be done anytime.
5) No form. The company has to send a letter in letterhead stating the receipt number, asking to revoke the application.
6) I dont think USCIS sends any confirmation if H1 is revoked by employer. In any case of H1, you dont have to worry so much. It's all responsibility of the company. It's perfectly valid to have more than 1 H1 at any time.
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macml
01-29 05:43 PM
Hi, I only paid a one time fee of $170 for the AP. To expedite the application it took only a day( day we called ) and with a week we received confirmation!
more...
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gcpool
03-14 09:22 AM
The thing that has to be remembered is that you have to mention is very clearly how you are availing the priority date and also quote the law.
File both the I-140 in the front. Put the argument all over the application. And dont forget to quote to law. Otherwise it will be returned back.
I think its possible but hire a very good lawyer to do it for you. Most of them dont know the law and dont even know how to handle such a case
There is a difference in tranferring the priority date and requesting to use an earlier application
First is when the second I-140 is going to be filed
Second is when you already have two I-140 and is planning to apply the 485
The first process is common and said to be proven. But the second is not very common.
But I have come to conclusion that both of them work.
Yes he can use earlier PD for EB2.
He can file I485 in EB2 by requesting recapturing priority date from EB3.
File both the I-140 in the front. Put the argument all over the application. And dont forget to quote to law. Otherwise it will be returned back.
I think its possible but hire a very good lawyer to do it for you. Most of them dont know the law and dont even know how to handle such a case
There is a difference in tranferring the priority date and requesting to use an earlier application
First is when the second I-140 is going to be filed
Second is when you already have two I-140 and is planning to apply the 485
The first process is common and said to be proven. But the second is not very common.
But I have come to conclusion that both of them work.
Yes he can use earlier PD for EB2.
He can file I485 in EB2 by requesting recapturing priority date from EB3.
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go_guy123
04-18 07:38 AM
This is a cherry picked writeup to some extent. But ofcourse there is competetion from other parts of the world.
"The EIU's analysis also weighed the quality of a nation's technology infrastructure, measuring the number of PCs per 100 people, market spending on IT hardware per 100 people, the availability of secure Internet servers per 100,000 people, and the percentage of the population with high-speed Internet access. Switzerland, ranked 11th overall, outscored the U.S. on IT infrastructure, which accounted for 20% of a country's score. The study also assessed the openness of a country's economy and the quality of government leadership on technology issues.
"
Countries in Europe are small countrries with far less population so these statistics are not exactly comparable.
"The U.S. also lags countries including Canada, Singapore, Britain, and Norway in support for IT development, which accounted for 15% of the overall score. This category covers such things as e-government initiatives, government spending on IT hardware, and access to financing.
"
US lags Canada....this statement is a joke. Canada is a vey low tech country. Close to 50% of the economy is due to mining etc Canada is a classic banana republic.
"The EIU's analysis also weighed the quality of a nation's technology infrastructure, measuring the number of PCs per 100 people, market spending on IT hardware per 100 people, the availability of secure Internet servers per 100,000 people, and the percentage of the population with high-speed Internet access. Switzerland, ranked 11th overall, outscored the U.S. on IT infrastructure, which accounted for 20% of a country's score. The study also assessed the openness of a country's economy and the quality of government leadership on technology issues.
"
Countries in Europe are small countrries with far less population so these statistics are not exactly comparable.
"The U.S. also lags countries including Canada, Singapore, Britain, and Norway in support for IT development, which accounted for 15% of the overall score. This category covers such things as e-government initiatives, government spending on IT hardware, and access to financing.
"
US lags Canada....this statement is a joke. Canada is a vey low tech country. Close to 50% of the economy is due to mining etc Canada is a classic banana republic.
more...
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kondur_007
03-17 05:44 PM
Need help- EB1 EA 140/485 petitions denied - how to maintain legal status
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
Switch to O1 visa. This will give you 3 years at a time. This can even be done as Premium processing.
If you applied for EB1A, it is the same application that goes for O visa, chances of approval with your credentials are > 95%; do this with a good attorney. In worst case scenario, even if it is rejected, you will loose nothing. (does not affect your current H1).
Then work again on EB1A application and reapply; you probably will get it approved second time around. This time, do not apply concurrent though; I have heard of more RFEs and denials with concurrent applications or premium EB1 applications; just a thought (dont have any proof for this)
Good Luck.
I am a research faculty in a top 25 university and my H1-B expires in Dec 2010. My concurrent self petitions of the EB1-EA of 140 and 485 were denied by TSC. I am waiting for the denial letter. My spouse is a permanent resident . What are my legal options to stay in the country?
Here is my petition break down
1-140 filed-May 2009
!-485 filed June 2009
EAD/AP Oct/Nov 2009
RFE on 140 -Feb 9 2010
Responded to RFE - Mar 11 2010
Denial posted on Mar 15.
Would filing the I-130 affect the refiling of I-140?
Appreciate inputs provided
Switch to O1 visa. This will give you 3 years at a time. This can even be done as Premium processing.
If you applied for EB1A, it is the same application that goes for O visa, chances of approval with your credentials are > 95%; do this with a good attorney. In worst case scenario, even if it is rejected, you will loose nothing. (does not affect your current H1).
Then work again on EB1A application and reapply; you probably will get it approved second time around. This time, do not apply concurrent though; I have heard of more RFEs and denials with concurrent applications or premium EB1 applications; just a thought (dont have any proof for this)
Good Luck.
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alien2006
07-11 07:54 AM
Well i just sent a message to my lawyer and this is the reply i received.
"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."
Pls comment:)
Yes your lawyer is correct. You count towards the cap only once.
On the other hand, you mentioned that she is a teacher. If she works for non profit, govt, entities her H1 is also not counted towards the cap. So if she was working for a school earlier on a H1, then if she now wants to move to the industry on a new job, the new H1 will count towards the cap.
"If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."
Pls comment:)
Yes your lawyer is correct. You count towards the cap only once.
On the other hand, you mentioned that she is a teacher. If she works for non profit, govt, entities her H1 is also not counted towards the cap. So if she was working for a school earlier on a H1, then if she now wants to move to the industry on a new job, the new H1 will count towards the cap.
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psaxena
06-18 03:04 PM
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We are planning to visit India in the month of November. We are looking to stamp our passport with H1B/H4 visas at Mumbai. How we can select appointment dates for the week of November 9 to November 13.
I have tried to look at VFS website (https://www.vfs-usa.co.in) but not showing any dates after month of July...
Can anyone please help me?
Also, we are looking to stamp our passport the next day when we arrive in Mumbai. Do anyone know the good hotel near by embassy to stay?
I really appriciate your help.
Thank you.
We are planning to visit India in the month of November. We are looking to stamp our passport with H1B/H4 visas at Mumbai. How we can select appointment dates for the week of November 9 to November 13.
I have tried to look at VFS website (https://www.vfs-usa.co.in) but not showing any dates after month of July...
Can anyone please help me?
Also, we are looking to stamp our passport the next day when we arrive in Mumbai. Do anyone know the good hotel near by embassy to stay?
I really appriciate your help.
Thank you.
graylensman
10-21 01:07 AM
Hey - you don't build houses with tables so why would you use them on buttons?
GCard_Dream
01-14 09:30 PM
No they can't. Congress needs to pass a law. This topic has been covered here in detail before. Try doing a search, if interested.
does anyone know if uscis need a law to pass in the congress to change the law on the i-485, or thy can decide to change it?
does anyone know if uscis need a law to pass in the congress to change the law on the i-485, or thy can decide to change it?
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