Ann Ruben
01-12 08:58 PM
Remaining in H-1 status provides what I think is a very important safety net. Even if you are 100% sure that there are no potential problems with your I-485, the possibility of an erroneous USCIS denial always exists. If there are any glitches, you will be in a much better position to wait for them to be resolved if you are able to remain legally employed in the US. Additionally, you are entitled to a three year H-1 extension which means you won't have the hassle of worrying about gaps in employment or travel authorization because of USCIS processing delays. Finally, remaining in H-1 status gives your current or future spouse the option of H-4 status.
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Libra
11-15 02:08 PM
bumping the thread.....anyone out there to join MN state chapter?
SGP
12-11 04:09 PM
Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?
Upgrading to Premium is actually an upgrade of existing case. It is NOT a new application. You have to pay the premium processing fees though. It feels like being back home, asking to push the file up. You know what I am trying to say.
Upgrading to Premium is actually an upgrade of existing case. It is NOT a new application. You have to pay the premium processing fees though. It feels like being back home, asking to push the file up. You know what I am trying to say.
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Rav!
10-02 02:25 PM
Hello all,
I am in a similar situation. H1 expiring soon and still don't have an approved LCA (LCA got rejected due to FEIN error and it has been re-applied again but the attorney did not send in any additional documentation to DOL to prove that FEIN is in fact genuine).
LC and I140 have been approved...so wanted to apply for a 3 yr extension.
My Attorney is now suggesting 2 options in case we do not receive the LCA approval before the expiration of the my current H1
Option 1: To go ahead and apply for H1 extension and submit all the documentation regarding the LCA application, the reason for denial and sending in evidence for the FEIN.
As per him, USCIS should accept and approve the H1 extension. Personally I have my doubts that this will work. Attorney says that this what other attorney's are all doing. Are they really? Does any body know if the H1 was approved??
Option 2: Use a previously used LCA (one that has been used earlier this year to obtain a H1 B for Employee XYZ who holds the same position as I do AND is valid until June 2011) and apply for my H1 extension.
Can a LCA be reused? Is it a valid/legal thing to do?
Any and all help in obtaining an answer for the above questions is really appreciated.
Thanks.
I am in a similar situation. H1 expiring soon and still don't have an approved LCA (LCA got rejected due to FEIN error and it has been re-applied again but the attorney did not send in any additional documentation to DOL to prove that FEIN is in fact genuine).
LC and I140 have been approved...so wanted to apply for a 3 yr extension.
My Attorney is now suggesting 2 options in case we do not receive the LCA approval before the expiration of the my current H1
Option 1: To go ahead and apply for H1 extension and submit all the documentation regarding the LCA application, the reason for denial and sending in evidence for the FEIN.
As per him, USCIS should accept and approve the H1 extension. Personally I have my doubts that this will work. Attorney says that this what other attorney's are all doing. Are they really? Does any body know if the H1 was approved??
Option 2: Use a previously used LCA (one that has been used earlier this year to obtain a H1 B for Employee XYZ who holds the same position as I do AND is valid until June 2011) and apply for my H1 extension.
Can a LCA be reused? Is it a valid/legal thing to do?
Any and all help in obtaining an answer for the above questions is really appreciated.
Thanks.
more...
swarnapuri
03-31 08:49 PM
Congrats! Nice Job!
needlotsofluck
07-26 09:52 PM
Please see the update in Oh law's site
Under the update July 2007 VB, visa number was unable for the entire July 2007. It remained such until July 17, 2007 when both DOS and USCIS reversed their positions. There could be some 104(c) H-1B three-year extension petitions filed in July bore the 17th. Since the July 2007 VB has been reversed and remains "current" in July, it will remain a challenging issue for these filers. Those who file after July 17, 2007 and before August 1, 2007 may not be entitled to the benefit of 104(c) extension. Accordingly, those who need three-year extension under 104(c) should not file the H-1B extension until after August 1, 2007 to obtain three year extension, even though they will have to pay the increased filing of $320 rather than the current $190. In August, the EB visa number will remain "unavailable" for the entire EB classifications, presenting the best opportunity to file such 104(c) three-year increment H-1B extension petition. What a twist and irony of the development of events?
This is new to me. Can you please indicate the site address of this memo?
Thanks
Under the update July 2007 VB, visa number was unable for the entire July 2007. It remained such until July 17, 2007 when both DOS and USCIS reversed their positions. There could be some 104(c) H-1B three-year extension petitions filed in July bore the 17th. Since the July 2007 VB has been reversed and remains "current" in July, it will remain a challenging issue for these filers. Those who file after July 17, 2007 and before August 1, 2007 may not be entitled to the benefit of 104(c) extension. Accordingly, those who need three-year extension under 104(c) should not file the H-1B extension until after August 1, 2007 to obtain three year extension, even though they will have to pay the increased filing of $320 rather than the current $190. In August, the EB visa number will remain "unavailable" for the entire EB classifications, presenting the best opportunity to file such 104(c) three-year increment H-1B extension petition. What a twist and irony of the development of events?
This is new to me. Can you please indicate the site address of this memo?
Thanks
more...
paskal
12-19 03:38 AM
absolutely
i wrote a pm to all those that responded to the MN threads, have had two replies so far including yours.
I will probably set up a time and let you know, we will see how many people show up then.
btw please do visit the two campaign threads if you haven't done so already: $20/member marathon and add a member, we all need to work on getting iv ready for the next big push,
thanks much!
i wrote a pm to all those that responded to the MN threads, have had two replies so far including yours.
I will probably set up a time and let you know, we will see how many people show up then.
btw please do visit the two campaign threads if you haven't done so already: $20/member marathon and add a member, we all need to work on getting iv ready for the next big push,
thanks much!
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walker15
03-16 11:41 AM
Try www.gowda.com.
I utilized this firm for GC and I was very much satisfied.
You should act quickly.
All the best
I utilized this firm for GC and I was very much satisfied.
You should act quickly.
All the best
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Jaime
09-20 01:42 PM
Hey Jaime you seem to be all charged up!!
Great energy, will inspire many!!
Hope we have one more rally soon!
You bet rajsand! We saw the strength of our unity in DC and we learned many things, one of which is we MUST educate people and Congress! It's amazing how little they actually know about us, in spite of HOW MUCH we contribute! That is JUST NOT FAIR!
Another thing we learned is: WE CAN MAKE CHANGES!!! WE CAN AND DO AND WILL SUCCEED!!!
Let's keep going with this!!!! IDEAS????
Great energy, will inspire many!!
Hope we have one more rally soon!
You bet rajsand! We saw the strength of our unity in DC and we learned many things, one of which is we MUST educate people and Congress! It's amazing how little they actually know about us, in spite of HOW MUCH we contribute! That is JUST NOT FAIR!
Another thing we learned is: WE CAN MAKE CHANGES!!! WE CAN AND DO AND WILL SUCCEED!!!
Let's keep going with this!!!! IDEAS????
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vaishnavilakshmi
06-22 11:16 AM
Hi,
U can save the pdf files as u save ur word docs or floppy symbol to the left side on the top bar as u know .But cannot edit the pdf files unless and until u have pdf writer in ur system.
Hope this helps u,
vaishu
U can save the pdf files as u save ur word docs or floppy symbol to the left side on the top bar as u know .But cannot edit the pdf files unless and until u have pdf writer in ur system.
Hope this helps u,
vaishu
more...
eastindia
05-10 10:54 AM
My PD is August 2009 , and i seem to loose patience.....I can imagine how those people who have been in this queue from 4-5 years must be feeling........Lets hope for the best :)
4-5 years is nothing. I have seen people pending 9 Years in EB3 India.
4-5 years is nothing. I have seen people pending 9 Years in EB3 India.
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chanduv23
09-14 11:54 AM
Lou Dobbs And His Anti Immigrant Cronjies Already Spreading Roumors That Lot Of Immigrants From Countries Like India Are Illegal.
Lets Shut Their Mouths.
If We Are Quiet, We Will Be Labelled By Lou, Ron Hira, Roy Beck, John Miano In Whatever Terms They Want To Label Us.
Lets Shut Their Mouths.
If We Are Quiet, We Will Be Labelled By Lou, Ron Hira, Roy Beck, John Miano In Whatever Terms They Want To Label Us.
more...
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camarasa
08-09 06:00 PM
Immigration debate: Firms warn of lack of workers
Federal crackdown could force firings across the state.
By Susan Ferriss - Bee Staff Writer
Published 12:00 am PDT Thursday, August 9, 2007
California businesses, which employ the majority of illegal immigrants throughout the country, are reeling after federal officials announced a new workplace crackdown.
People in industries as diverse as California's hotels and massive farms, its restaurants and convalescent homes,said Wednesday they are confused and fear they could be forced into mass firings.
Those at risk are employers who've received letters from the Social Security Administration saying their workers' numbers don't match names in federal databases.
As early as this month, the Department of Homeland Security plans to require all employers who have received those letters to fire the workers if the discrepancy cannot be resolved relatively quickly.
The department is planning to use the letters to track down employers and conduct raids if necessary, leading to fines or prosecution of businesses that don't fire the workers in question.
Homeland Security has been considering using Social Security information as a tool to enforce immigration laws for some time, but officials were waiting to see if Congress would approve changes to put some illegal immigrants on a path to legal residency.
Central Valley farmers -- and other agricultural interests who provide a huge percentage of the nation's food -- are warning Americans that they believe small businesses could go under and that prices could soar or products could become scarce.
"This is the nightmare I always hoped we would never get to," said Manuel Cuhna of the Nisei Farmers League, an industry association in the San Joaquin Valley, a cradle of American food production.
"I'm totally agitated about this," Cuhna said. "Everybody has received those letters, 90 percent of them in the farm industry. We're going to have to shut down the food chain."
Cuhna said he and others are frustrated because, "One part of the government has been telling us not to fire workers, and now another is going to tell us to fire them."
Up to this point, the Social Security Administration has instructed employers, in those letters, not to fire their workers but just to inform them of the mismatch.
Some workers, sensing their covers were blown, voluntarily left jobs after the letters arrived.
Many California employers see the new Homeland Security policy as an attack on the same businesses that have for years implored Congress to create better tools to help them check the veracity of workers' documents.
They also were counting on Congress to provide more legal work visas to foreign workers they need in many jobs.
While some Social Security numbers are stolen by fraudulent document artists, most of the mismatches in numbers are thought to be due to illegal immigrants' use of invented Social Security numbers.
A Sacramento construction worker who builds sound walls along freeways and housing subdivisions said he has used a fake Social Security number for 10 years.
"The employers are just going to keep hiring people, but off the books completely," he predicted, requesting that his name not be used out of fear he might be discovered.
Cuhna said he received a call Wednesday from a California dairy farmer who has received a number of letters informing him of employees' mismatched names and Social Security numbers.
But his businesses relies on foreign workers willing to do the isolated, messy job of caring for and milking cows, Cuhna said.
"He's in a panic. If they come and take his workers away, he'll have no one to milk his cows and his cows will die," Cuhna said.
"I told him, 'Take photos of those cows with their legs up in the air and send it to Congress.' "
Inside thousands of California dairies, which produce about 20 percent of the nation's milk, "There are a lot of illegal workers, let me tell you that," Cuhna said.
Jesse Alderete, a labor contractor in the Salinas Valley, the largest producer of U.S. fresh vegetables, said: "This is going to be delicate. There are going to be hundreds of thousands of people running around without jobs."
Larry Rohlfes, a director of the California Landscaping Contractors Association, said, "I know it's coming, and I know it's going to hurt." Rohlfes' group has been outspoken in admitting employers probably have undocumented workers on their payrolls. The same employers say they have done all that was required of them to check employee documents, copy them and keep them on file.
He predicted that dismissed landscapers will enter the underground economy.
Trying to ferret out workers by following Social Security's mismatch letters might also backfire by sparking a greater demand for cards with stolen Social Security numbers, said some former Homeland Security officials.
"This will, frankly, spur more identity theft of legitimate legal residents' and American citizens' documents," said Victor Cerda, a Washington, D.C., immigration lawyer who was in charge of removal of illegal immigrants while with Homeland Security.
He said the new policy was a "dramatic shift" toward putting the responsibility for illegal immigration on employers, a good shift but too "piecemeal" because it doesn't address a real demand for labor.
"Is Congress really going to line up with Homeland Security when enforcement goes into their neighborhoods, and disrupts business and they start hearing from constituents?" Cerda asked.
http://www.sacbee.com/101/story/316330.html
Federal crackdown could force firings across the state.
By Susan Ferriss - Bee Staff Writer
Published 12:00 am PDT Thursday, August 9, 2007
California businesses, which employ the majority of illegal immigrants throughout the country, are reeling after federal officials announced a new workplace crackdown.
People in industries as diverse as California's hotels and massive farms, its restaurants and convalescent homes,said Wednesday they are confused and fear they could be forced into mass firings.
Those at risk are employers who've received letters from the Social Security Administration saying their workers' numbers don't match names in federal databases.
As early as this month, the Department of Homeland Security plans to require all employers who have received those letters to fire the workers if the discrepancy cannot be resolved relatively quickly.
The department is planning to use the letters to track down employers and conduct raids if necessary, leading to fines or prosecution of businesses that don't fire the workers in question.
Homeland Security has been considering using Social Security information as a tool to enforce immigration laws for some time, but officials were waiting to see if Congress would approve changes to put some illegal immigrants on a path to legal residency.
Central Valley farmers -- and other agricultural interests who provide a huge percentage of the nation's food -- are warning Americans that they believe small businesses could go under and that prices could soar or products could become scarce.
"This is the nightmare I always hoped we would never get to," said Manuel Cuhna of the Nisei Farmers League, an industry association in the San Joaquin Valley, a cradle of American food production.
"I'm totally agitated about this," Cuhna said. "Everybody has received those letters, 90 percent of them in the farm industry. We're going to have to shut down the food chain."
Cuhna said he and others are frustrated because, "One part of the government has been telling us not to fire workers, and now another is going to tell us to fire them."
Up to this point, the Social Security Administration has instructed employers, in those letters, not to fire their workers but just to inform them of the mismatch.
Some workers, sensing their covers were blown, voluntarily left jobs after the letters arrived.
Many California employers see the new Homeland Security policy as an attack on the same businesses that have for years implored Congress to create better tools to help them check the veracity of workers' documents.
They also were counting on Congress to provide more legal work visas to foreign workers they need in many jobs.
While some Social Security numbers are stolen by fraudulent document artists, most of the mismatches in numbers are thought to be due to illegal immigrants' use of invented Social Security numbers.
A Sacramento construction worker who builds sound walls along freeways and housing subdivisions said he has used a fake Social Security number for 10 years.
"The employers are just going to keep hiring people, but off the books completely," he predicted, requesting that his name not be used out of fear he might be discovered.
Cuhna said he received a call Wednesday from a California dairy farmer who has received a number of letters informing him of employees' mismatched names and Social Security numbers.
But his businesses relies on foreign workers willing to do the isolated, messy job of caring for and milking cows, Cuhna said.
"He's in a panic. If they come and take his workers away, he'll have no one to milk his cows and his cows will die," Cuhna said.
"I told him, 'Take photos of those cows with their legs up in the air and send it to Congress.' "
Inside thousands of California dairies, which produce about 20 percent of the nation's milk, "There are a lot of illegal workers, let me tell you that," Cuhna said.
Jesse Alderete, a labor contractor in the Salinas Valley, the largest producer of U.S. fresh vegetables, said: "This is going to be delicate. There are going to be hundreds of thousands of people running around without jobs."
Larry Rohlfes, a director of the California Landscaping Contractors Association, said, "I know it's coming, and I know it's going to hurt." Rohlfes' group has been outspoken in admitting employers probably have undocumented workers on their payrolls. The same employers say they have done all that was required of them to check employee documents, copy them and keep them on file.
He predicted that dismissed landscapers will enter the underground economy.
Trying to ferret out workers by following Social Security's mismatch letters might also backfire by sparking a greater demand for cards with stolen Social Security numbers, said some former Homeland Security officials.
"This will, frankly, spur more identity theft of legitimate legal residents' and American citizens' documents," said Victor Cerda, a Washington, D.C., immigration lawyer who was in charge of removal of illegal immigrants while with Homeland Security.
He said the new policy was a "dramatic shift" toward putting the responsibility for illegal immigration on employers, a good shift but too "piecemeal" because it doesn't address a real demand for labor.
"Is Congress really going to line up with Homeland Security when enforcement goes into their neighborhoods, and disrupts business and they start hearing from constituents?" Cerda asked.
http://www.sacbee.com/101/story/316330.html
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mnkaushik
03-12 08:01 AM
As far as I know, one is only required to file taxes on foreign accounts if they have $10000 or more in their accounts at any time during the financial year. Please correct me if I am wrong. Also, check: Report of Foreign Bank and Financial Accounts (FBAR) (http://www.irs.gov/businesses/small/article/0,,id=148849,00.html)
One is supposed report tax even if they make a dollar but they dont need to fill out the FBAR form if the value of all accounts put together is less than 10K.
Even i started including it my tax last year and did my FBAR form. NRE account will not be TDS only NRO accounts have TDS. Infact, you dont have to pay IT in India for NRE accounts. Thats the reason people from Middle East put their money in NRE accounts.
For 200$ they will not come after you. It is small pickings. I think you should include while filing your taxes and depending upon how much you have in the accounts you may or may not file FBAR. Remember it is all your accounts that inlcudes any savings account, mutual fund accounts, post office etc. If you have paid any tax in India then you could potentially show that in your US tax and get credit for that. I personally have not done it because my income is less than the initial tax slab in india.
One is supposed report tax even if they make a dollar but they dont need to fill out the FBAR form if the value of all accounts put together is less than 10K.
Even i started including it my tax last year and did my FBAR form. NRE account will not be TDS only NRO accounts have TDS. Infact, you dont have to pay IT in India for NRE accounts. Thats the reason people from Middle East put their money in NRE accounts.
For 200$ they will not come after you. It is small pickings. I think you should include while filing your taxes and depending upon how much you have in the accounts you may or may not file FBAR. Remember it is all your accounts that inlcudes any savings account, mutual fund accounts, post office etc. If you have paid any tax in India then you could potentially show that in your US tax and get credit for that. I personally have not done it because my income is less than the initial tax slab in india.
more...
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immilaw
12-16 04:02 PM
USCIS refuses to give this data to anybody. They are not willing to give any break up.
Can't you get this information unde FOIA (Freedom of Information Act)?
Can't you get this information unde FOIA (Freedom of Information Act)?
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smartboy75
08-14 12:26 PM
Well...that's one thing I have never figured out....I have friends who have paper filed their EAD and they have received it too....no questions asked....they did need to send additional paperwork..like photos and passport copy.....but if you e-file you don't have to mail in photos or passport copies...but u do have to have ur biometric taken....
I guess they just want to verify ur identity....u r who u say u r.....my wierd guess...
I guess they just want to verify ur identity....u r who u say u r.....my wierd guess...
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gomirage
06-09 11:33 PM
Dear Viewers
I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request.
Any piece of advice would be of great help.
You do NOT need to have proof that he was paid. If you are working for him on H1B, he needs to pay you the compensation stated on labor certifications. No ifs or buts.
I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request.
Any piece of advice would be of great help.
You do NOT need to have proof that he was paid. If you are working for him on H1B, he needs to pay you the compensation stated on labor certifications. No ifs or buts.
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rajeshiv
07-22 01:25 AM
Hi,
Is Personnel check allowed for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
Any checks issued by recognised banks are valid for filing fees.
-RR
Is Personnel check allowed for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
Any checks issued by recognised banks are valid for filing fees.
-RR
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vikki76
04-21 05:43 PM
This is first one I am hearing. If your occupation was anywhere in IT (QA, Programmer, Web Developer, DBA, ERP (SAP/Oracle financials), semiconductor etc),,it should have gone through
meridiani.planum
07-19 02:10 PM
Hi Leoindiano:
What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.
my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.
Can you enlighten us little bit more.
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.
my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.
Can you enlighten us little bit more.
preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.
pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.
ur status does not change when your case is pre-adjudicated.
srgadi
06-23 01:43 AM
ndbhatt,
If I read your profile right, you arrived in US in April 2005 flied for LC in July 07. I think that is a different situation than someone working in H1B since 1999 (F1 since 1996). Do you know anyone in H1B since 1999 and without an EAD option? I suppose waiting 14 years is very different than waiting 5 years..
Yes, it is different and its unfortunate in your case. However, there is nothing you can do other than wait for your date to be current in order for you to apply for I-485 and EAD/AP.
If I read your profile right, you arrived in US in April 2005 flied for LC in July 07. I think that is a different situation than someone working in H1B since 1999 (F1 since 1996). Do you know anyone in H1B since 1999 and without an EAD option? I suppose waiting 14 years is very different than waiting 5 years..
Yes, it is different and its unfortunate in your case. However, there is nothing you can do other than wait for your date to be current in order for you to apply for I-485 and EAD/AP.
