gcisadawg
04-15 08:44 PM
Here is a suggestion for you:
1) Book a round trip ticket for your wife to fly back immediately. Meanwhile, take an appointment for your wife with a local USCIS cert civil surgeon to take the TB test/vaccine. Take it wherever you can get it -near or far.
2) Get lawyer to draft the RFE response. Submit the doc's report to lawyer as soon as you get it. (most surgeons will give it in a day or two after checking the bump.)
This whole process should be done in less than a week if you can prepare everything else before your wife gets here.
3) Wife flies back and continues with rest of vacation with kids. You can have your Euro vacation at the end too! :)
Downside: Twins will have to be away from Mom for a week.
Upside: Monetary Losses and life disruption cut as short as possible.
new_phd,
Thanks for your idea....I'm trying to convince my wife to do exactly that if tommorrow's appointment in IO doesn't result in extension!
Thanks,
GCisaDawg
1) Book a round trip ticket for your wife to fly back immediately. Meanwhile, take an appointment for your wife with a local USCIS cert civil surgeon to take the TB test/vaccine. Take it wherever you can get it -near or far.
2) Get lawyer to draft the RFE response. Submit the doc's report to lawyer as soon as you get it. (most surgeons will give it in a day or two after checking the bump.)
This whole process should be done in less than a week if you can prepare everything else before your wife gets here.
3) Wife flies back and continues with rest of vacation with kids. You can have your Euro vacation at the end too! :)
Downside: Twins will have to be away from Mom for a week.
Upside: Monetary Losses and life disruption cut as short as possible.
new_phd,
Thanks for your idea....I'm trying to convince my wife to do exactly that if tommorrow's appointment in IO doesn't result in extension!
Thanks,
GCisaDawg
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optimist578
02-06 10:43 AM
Though they run for non-profit.
So public schools Elem/Middle/High , still have to go thru nornal H1B process for teachers, have to wait for OCT1, start date.
If a new H1B visa application does not run against the regular quota, I don't think he has to wait till Oct. When my H1B got approved (under quota), I started in 2 months - February in my case.
So public schools Elem/Middle/High , still have to go thru nornal H1B process for teachers, have to wait for OCT1, start date.
If a new H1B visa application does not run against the regular quota, I don't think he has to wait till Oct. When my H1B got approved (under quota), I started in 2 months - February in my case.
paragpujara
07-18 10:24 AM
Date Delivered To USCIS: July 2
Time Delivered To USCIS: 8.26 AM
Service Center: NSC
Rejected: Dont Know
Checks Cashed: No
Time Delivered To USCIS: 8.26 AM
Service Center: NSC
Rejected: Dont Know
Checks Cashed: No
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sreeraghu
11-03 04:51 PM
Please Vote, this is one of the best way to know, where we stand. Make a lil easy in making further decisions.
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needhelp!
11-27 06:52 PM
http://www.alipac.us/ftopic-91255-0-days0-orderasc-.html
qasleuth
03-11 11:51 AM
If you treat the forums as your workplace then it will be better for all of us. No discussions on politics and religion. Period. Just be professional in your replies and you don't have to respond to each and every post. If you do not like it then do not respond. This is not family that you need to correct/straighten every person.
Let it go y'all. Peace.
Let it go y'all. Peace.
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mheggade
07-14 05:27 PM
Signed
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s_r_e_e
03-18 05:50 PM
I found this only today.. I do not work for this employer since Jan 2008. On EAD now.. 46 days passed since the date mentioned.. not sure what is this about..
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on January 30, 2008, ...
I found out from prev employer that it was due to the H1 withdrawel petition..
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on January 30, 2008, ...
I found out from prev employer that it was due to the H1 withdrawel petition..
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gctex
02-11 05:41 PM
I guess the confusion about the future employer being unable to extend the H1 after one enters on AP may have come a couple of responses on Murthy's forum:
http://www.murthy.com/chatlogs/ch071006_P.html
Chat User : I changed jobs. H1B transfer was approved in the U.S. (no visa stamp). Can I keep H-1 status if using AP to travel?
Attorney Murthy : A person may reenter on the AP status and is legally allowed to extend H1B status after that in the U.S. but cannot be on H1B status if the person entered as a parolee. A person has to enter on the H1B status to be in H1B status but is allowed to file an H1B extension if s/he continues to work for the H1B sponsoring employer.
Chat User : Informative website, Murthyji. Thanks for the service. Once the EAD is approved, what do you have to do to change from H1B to EAD? Is approval status on the USCIS WebSite enough or do we have to receive it?
Attorney Murthy : A person has to receive the EAD in order to work for a new employer on the EAD. Merely having an approval notice or seeing the approval status on the USCIS WebSite is not sufficient to be able to work legally on the EAD. A person does not need to do anything to switch from H1B to EAD. Merely by working for another employer on an EAD, a person is deemed to abandon the H1B status and opt for the EAD, unless the person requests the new employer to file an H1B petition extension with the new employer, in which case a person maintains both statuses at the same time, which is legally permissible. Only after travel abroad and reentering the U.S., a person has to choose to enter as a parolee or on H1B status, but, then, as stated above, one may revert to H1B status by filing an H1B extension even if one enters as a parolee, if one is still working for the same H1B employer.
http://www.murthy.com/chatlogs/chat1124_P.html
http://www.murthy.com/chatlogs/ch071006_P.html
Chat User : I changed jobs. H1B transfer was approved in the U.S. (no visa stamp). Can I keep H-1 status if using AP to travel?
Attorney Murthy : A person may reenter on the AP status and is legally allowed to extend H1B status after that in the U.S. but cannot be on H1B status if the person entered as a parolee. A person has to enter on the H1B status to be in H1B status but is allowed to file an H1B extension if s/he continues to work for the H1B sponsoring employer.
Chat User : Informative website, Murthyji. Thanks for the service. Once the EAD is approved, what do you have to do to change from H1B to EAD? Is approval status on the USCIS WebSite enough or do we have to receive it?
Attorney Murthy : A person has to receive the EAD in order to work for a new employer on the EAD. Merely having an approval notice or seeing the approval status on the USCIS WebSite is not sufficient to be able to work legally on the EAD. A person does not need to do anything to switch from H1B to EAD. Merely by working for another employer on an EAD, a person is deemed to abandon the H1B status and opt for the EAD, unless the person requests the new employer to file an H1B petition extension with the new employer, in which case a person maintains both statuses at the same time, which is legally permissible. Only after travel abroad and reentering the U.S., a person has to choose to enter as a parolee or on H1B status, but, then, as stated above, one may revert to H1B status by filing an H1B extension even if one enters as a parolee, if one is still working for the same H1B employer.
http://www.murthy.com/chatlogs/chat1124_P.html
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vsoni
07-16 09:43 AM
signed
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pbojja
10-03 12:24 PM
Now tell me who give me red and for what ? Just let me know the reason . Dont just give a red for disagreeeing with your views ..give reds if we use foul language, which I never will
I m EB2 guy and support porting .
I m EB2 guy and support porting .
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rockstart
05-24 08:49 PM
The point is what did we lose by calling. It took us a call which any way is free. Took 2-3 minutes of our time which other wise we were not planning to use in any other better activity. So even if the campaign fails ( I pray it does not) still we havent lost finacially or in any way. Atleast it brought so many people together to do something constructive. Made people understand how a bill works in senate.
To your other point that senetors do not care about non voters then then the only other way is lobbying and paying for campaign funds. Can we do that the answer is plain NO. Most people on H1B are working for blod sucking consultants who pa them far less than what they deserve. How much can they contribute financially if they have dependent wife an kid here and parents in home country. Add to this the job insecurity in current market and there is no guarranty that paying one time will bring any results. Least this way every one contributes.
To your other point that senetors do not care about non voters then then the only other way is lobbying and paying for campaign funds. Can we do that the answer is plain NO. Most people on H1B are working for blod sucking consultants who pa them far less than what they deserve. How much can they contribute financially if they have dependent wife an kid here and parents in home country. Add to this the job insecurity in current market and there is no guarranty that paying one time will bring any results. Least this way every one contributes.
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msp1976
02-08 05:31 AM
We always thought that there is 360k application in BEC and since those LC have PD from 2000 to 2005 there are no chances of fast movement of PD in year 2007 especially for EB3 and EB2(Indian , China).
After reading this news it seems employer withdrew many cases, which they filled for employee who no longer work for company, so certified case is going to be only 100k, much lesser then 360 k. How many more years it will take to clear these 100k LC? I don't think it should take more then 2 years...
But you know logic doesn�t work with US immigration system and we also don�t know how many people are applying through EB1 and EB2-ROW, which are current, we also don't know how many people are already sitting in 485 stage�
Let's go by the published percentages.....
21% closed + 11% withdrawn + 2% denied... = 33% fell off the wagon..
Let's assume that the same trend holds.....
At the end BEC ....out of 360K approx.....240K certification would come out....Margin of error let's bring the number down to 200K.......
Assume 1.1 spouse+child each principal....
That make total 410 K in the line just from BECs.....This is a conservative estimate...
The main problem is that 7% country quota hits too quickly for India/China...Then ROW remains current and USCIS would keep processing ROW as they keep coming...Where as we India/China keep waiting for the overflow to occur.....
There is no solution but to increase the total numbers...
After reading this news it seems employer withdrew many cases, which they filled for employee who no longer work for company, so certified case is going to be only 100k, much lesser then 360 k. How many more years it will take to clear these 100k LC? I don't think it should take more then 2 years...
But you know logic doesn�t work with US immigration system and we also don�t know how many people are applying through EB1 and EB2-ROW, which are current, we also don't know how many people are already sitting in 485 stage�
Let's go by the published percentages.....
21% closed + 11% withdrawn + 2% denied... = 33% fell off the wagon..
Let's assume that the same trend holds.....
At the end BEC ....out of 360K approx.....240K certification would come out....Margin of error let's bring the number down to 200K.......
Assume 1.1 spouse+child each principal....
That make total 410 K in the line just from BECs.....This is a conservative estimate...
The main problem is that 7% country quota hits too quickly for India/China...Then ROW remains current and USCIS would keep processing ROW as they keep coming...Where as we India/China keep waiting for the overflow to occur.....
There is no solution but to increase the total numbers...
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amitga
01-29 10:05 PM
People cannot pay $20 in immigration voice, but they are willing to pay $10K for sub labor.
Anyway I think in the next few months people will buy labor like crazy, and file I140 preminum.
Anyway I think in the next few months people will buy labor like crazy, and file I140 preminum.
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gc28262
01-28 04:01 PM
Memos are for interpretation of laws by USCIS. Any memo is advisory in nature and does not have force of law. These memos, unless challenged and turned downed by court or withdrawn, are valid.
Your saying that memo is illegal does not mean anything more than your personal opinion.
H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.
PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.
___________________
Not a legal advice.
I know what you are referring to. USCIS has tried to raise this issue in the past in 2 instances. Once in 1990s and another in 2006 timeframe. In both cases lawyers were able to force USCIS to back down. Lot of consulting company applications have been approved since then.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
Please refer this link
http://www.murthy.com/news/n_repatt.html
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer’s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer’s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Your saying that memo is illegal does not mean anything more than your personal opinion.
H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.
PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.
___________________
Not a legal advice.
I know what you are referring to. USCIS has tried to raise this issue in the past in 2 instances. Once in 1990s and another in 2006 timeframe. In both cases lawyers were able to force USCIS to back down. Lot of consulting company applications have been approved since then.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
Please refer this link
http://www.murthy.com/news/n_repatt.html
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer’s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer’s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
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ilikekilo
05-14 12:56 PM
LOL.. nitin...whoever yo uare... you are a piece of work..I feel sorry for you..
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pa_arora
01-31 02:02 PM
i had 25 of my friends voted for it and now its on number 3 and 11 respectively.
WOOOO HOOOO.
WOOOO HOOOO.
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Leo07
12-03 11:04 AM
I like to see people who give me red dots...pay for that:)
I wouldn't mind getting red dots then.
The $5 fee is for giving someone a negative rep point and not for wrong answers
I wouldn't mind getting red dots then.
The $5 fee is for giving someone a negative rep point and not for wrong answers
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Leo07
11-18 05:03 PM
Phani, Thanks for sharing! Th eonly reason for spending 1000 bucks is for such scenarios.
If the insurance doesn't cover these cases then Atlas America is of no use.
Thanks again!
Took Atlas America due to their "acute onset of pre-existing clause". Mom got pneumonia 3 weeks after coming to US in April last year. They declined to cover hospital bills saying it is a pre-existing condition. Doctor's opinion was she acquired it due to cold weather and highly improbable for someone to have it not get sick for 3-4weeks. Insurance did not care. Still paying the bills.
If the insurance doesn't cover these cases then Atlas America is of no use.
Thanks again!
Took Atlas America due to their "acute onset of pre-existing clause". Mom got pneumonia 3 weeks after coming to US in April last year. They declined to cover hospital bills saying it is a pre-existing condition. Doctor's opinion was she acquired it due to cold weather and highly improbable for someone to have it not get sick for 3-4weeks. Insurance did not care. Still paying the bills.
kate123
03-10 05:37 PM
Why ??
For EB2 and EB3 dates never crossed july 2007 after July fiasco...
and in your analsis during 2008 you mentioned 20K for EB2 and 5k for Eb3, which is impossible to happen... does that make sense?
For EB2 and EB3 dates never crossed july 2007 after July fiasco...
and in your analsis during 2008 you mentioned 20K for EB2 and 5k for Eb3, which is impossible to happen... does that make sense?
sledge_hammer
02-01 03:54 PM
Actually I know a guy who lost his job and joined a restaurant as a cook or something and applied GC, then after 1 yr or so got job again and used the EAD to change to the Tech Field again and at a different location.....I hear he is indeed facing some problems now.
There you go ...
There you go ...
