va_dude
05-07 04:23 PM
yes at TSC.
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ivamember
01-25 04:55 PM
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.
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.
shreekhand
09-04 02:17 PM
Yes some have not received CPO...they say they will get a deportation notice soon as a result of not receiving CPO but directly receiving "Approval Notice Sent".
*** Please think twice, google a bit more and stay centered before opening useless threads!!! :)
*** Please think twice, google a bit more and stay centered before opening useless threads!!! :)
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grupak
03-24 11:39 AM
AFAIK you cannot use your SSN to receive google adsense revenues if you want to continue on H1B. It counts as business income and Google will send you a 1099 form and that is not allowed on an H1B. What people usually do is get someone in their home country to be the Google Adsense beneficiary. If you use your own ssn, on paper, it puts you out of H1B status.
Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.
Passive income is alright. AFAIK banks send you 1099 if you earn interest in your saving account (above a certain amount) or CD. Have to report it to IRS.
Here (http://answers.google.com/answers/threadview?id=714462)is a link with explanations.
Passive income is alright. AFAIK banks send you 1099 if you earn interest in your saving account (above a certain amount) or CD. Have to report it to IRS.
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ingegarcia
02-08 09:40 AM
To apply for green card
L1A does not need Labor Certificate
L1B Needs to apply for Labor Certificate.
The rest of the process is the same.
L1A does not need Labor Certificate
L1B Needs to apply for Labor Certificate.
The rest of the process is the same.
permfiling
07-29 11:24 AM
Iv4gc,
yes, you will miss the window if dates retrogress but this is the safest approach as if you used company A's GC then u have to work for that company A after getting ur GC. You start applying to Company A for employment in the same job
yes, you will miss the window if dates retrogress but this is the safest approach as if you used company A's GC then u have to work for that company A after getting ur GC. You start applying to Company A for employment in the same job
more...
Rinsha
02-26 07:31 PM
Came across this article:
Title: U.S. Immigration Reform Bill Could Pass by July
http://www2.csoonline.com/blog_view.html?CID=29025
Can someone please explain, even just in broad strokes, how the Immigration Reform (if passed) would affect someone in EB3 - ROW?
Thanks
Title: U.S. Immigration Reform Bill Could Pass by July
http://www2.csoonline.com/blog_view.html?CID=29025
Can someone please explain, even just in broad strokes, how the Immigration Reform (if passed) would affect someone in EB3 - ROW?
Thanks
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milind70
07-26 09:45 AM
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
I am pretty sure there could be an RFE or explanation for such kinds of goof ups . I am also sure such goof ups by attorneys are not the first time USCIS must have expierienced ,so they will understand. High volume filings can lead to errors/mistakes
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
I am pretty sure there could be an RFE or explanation for such kinds of goof ups . I am also sure such goof ups by attorneys are not the first time USCIS must have expierienced ,so they will understand. High volume filings can lead to errors/mistakes
more...
piyu7444
04-18 07:22 PM
I am currently on h1b with Company X (h1b expires in April 2011)
(I-140 approved, filed 485 on july 2 so am past 180 days)
If I take a job on EAD with Company Y without h1b tranfer to comapny Y.
Now after 1 year if I want to move back to comapny X (as a result of AOS denial or without a reason) can I still use the same h1b petition to move back to comapny X or not? If not how can I move back to comapny X and what all it will take to get a new h1b ?
Also do I need to leave USA?:confused::confused::confused:
(I-140 approved, filed 485 on july 2 so am past 180 days)
If I take a job on EAD with Company Y without h1b tranfer to comapny Y.
Now after 1 year if I want to move back to comapny X (as a result of AOS denial or without a reason) can I still use the same h1b petition to move back to comapny X or not? If not how can I move back to comapny X and what all it will take to get a new h1b ?
Also do I need to leave USA?:confused::confused::confused:
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keshtwo
07-09 05:50 PM
As long as 2003/2004/2005 folks who have already-filed stay in low numbers it might indicate good PD movement in those years (since numbers wont be used up so soon and USCIS/DOS might have to move dates forward to start pushing out approvals. New people will then file and the usage will climb and dates slow down again).
If, on the other hand USCIS is sitting on tons of 2003/2004 PD I-485s, then date movement is going to be slow
gc_chahiye - Is it possible to somehow keep the results of the first poll in the main page? It is the only data we have which comes anywhere near the real data, and it would provide good reference.
If, on the other hand USCIS is sitting on tons of 2003/2004 PD I-485s, then date movement is going to be slow
gc_chahiye - Is it possible to somehow keep the results of the first poll in the main page? It is the only data we have which comes anywhere near the real data, and it would provide good reference.
more...
arnet
09-08 01:47 PM
DOB certificate is important for all applicants (including spouse and children) but if you cant get it, some advise to get affidavit from parents and Non-Availability Certificate from the local municipal corporation in your place of birth as a substitute for DOB certificate. But USCIS filing procedures are constantly changing so be careful to check with your attroney to avoid future queries because they might say they cant accept this substitution anymore.
Disclamer: check with your attroney for your situation as I'm not an attroney.
Disclamer: check with your attroney for your situation as I'm not an attroney.
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indianindian2006
07-28 02:37 PM
[QUOTE=buddyinsfo;267932]I'm confused...Was the qn regarding an AP update for PDs before June 2006 or after June 2006? In the very first thread it says after. But the same quoted msg in SunnySurya's msg (the very second msg) says before. So, Ppl who said yes, was it for before June 2006 PD or after?
I feel that many EB2 filers before June 2006 have got this LUD.
I feel that many EB2 filers before June 2006 have got this LUD.
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diptam
02-24 04:30 PM
The rule is if company B files a Labor 365 days before your H expiration then that H could be extended. However L visa probably doesn't have a specified time limit like 6 yrs. So theoretically you could let companyB file Perm and I-140 for you and keep working in Company A till your Priority date become current and you get EAD.
But the best practical option is to jump to Company B via H1 and let them file the Labor and you continue extending the H1 as I'm doing. Once EAD comes you could trash the H1 or even transfer that H1 to a 3rd company.
The choice is yours !
Thanks again guys.
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
But the best practical option is to jump to Company B via H1 and let them file the Labor and you continue extending the H1 as I'm doing. Once EAD comes you could trash the H1 or even transfer that H1 to a 3rd company.
The choice is yours !
Thanks again guys.
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
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ski_dude12
08-09 01:09 PM
The top reason would be-
"We are the USCIS".
What say?
"We are the USCIS".
What say?
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shana04
07-23 12:55 PM
Thanks Snathan this will be the best. Problem I am facing is that no one is willing to start GC process unless I join them and they start making money to offset the costs. Can you suggest someone who can help?
1. If you stick to your current company, you might make money for few months but you are loosing all that extra cushion i.e. you need time for h1 transfer and applying for labor.
2. If you don't trust and join the new company why would they trust you
3. Body shoppers have mutual interest. They do it for money. They would not start your GC process unless you join them
4. As Snathan said, by the time you file your h1 and get it transfered it will take time. so why not do it.
5. If you want your GC process take risk.
6. Money is not always the crietria. Go gain some thing you need to loose something.
I wish you both good luck on finding your new employer and filing GC.
Play safe.
1. If you stick to your current company, you might make money for few months but you are loosing all that extra cushion i.e. you need time for h1 transfer and applying for labor.
2. If you don't trust and join the new company why would they trust you
3. Body shoppers have mutual interest. They do it for money. They would not start your GC process unless you join them
4. As Snathan said, by the time you file your h1 and get it transfered it will take time. so why not do it.
5. If you want your GC process take risk.
6. Money is not always the crietria. Go gain some thing you need to loose something.
I wish you both good luck on finding your new employer and filing GC.
Play safe.
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zCool
04-02 11:15 AM
But for 140, ability to pay type of RFE can and will be answered by company financials etc. It's just that if you are already employed and are getting more than LC proffered wage and can prove that via W2+paystubs.. it makes it simpler even when company doesn't have enough assets or profits.
But it's not completely a must have,
More to the point though
You can count on getting some type of RFE somewhere in the process that will ask you to prove the status.
Normally W2 and Paystubs are basic stuff that maybe asked even at the time of 485 decision.
and moreover if he's paying you, why work?!!
But it's not completely a must have,
More to the point though
You can count on getting some type of RFE somewhere in the process that will ask you to prove the status.
Normally W2 and Paystubs are basic stuff that maybe asked even at the time of 485 decision.
and moreover if he's paying you, why work?!!
more...
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gettinthere
01-08 11:37 AM
Thanks for the confirmation!
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somegchuh
11-13 05:38 PM
So just to have the last word you somehow went in deleted all the following posts after your post? Good going!
Some people are really highly sprung and get mad very quickly!
If you had expressed yourself better (from your first post, I believed you wanted to file by yourself), I wouldn't have bothered with my response.
Saying that, you are right: attorneys do screw up. It happened to me...
But practically speaking, considering how complex a file can be, good luck to you on checking an attorney's job.
Some people are really highly sprung and get mad very quickly!
If you had expressed yourself better (from your first post, I believed you wanted to file by yourself), I wouldn't have bothered with my response.
Saying that, you are right: attorneys do screw up. It happened to me...
But practically speaking, considering how complex a file can be, good luck to you on checking an attorney's job.
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mdipi
11-17 04:16 PM
dont close it...i gotta round up 6 votes...
h1techSlave
01-05 05:37 PM
Yeah, I agree with you there that the actual number of successful porting may be miniscule. Plus it takes a lot of time to complete all the steps to successfully get the coveted EB2 status. And even when an EB3 person gets the EB2 status, USCIS/DOS may not release the EB3 visa originally allocated to him or they may release it after a year or so.
End result, they can just copy paste data for EB3 India. One less thing to do for the data entry operators.
i woudl think the actual number porting is miniscule...
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
End result, they can just copy paste data for EB3 India. One less thing to do for the data entry operators.
i woudl think the actual number porting is miniscule...
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
madhavig
08-02 01:23 PM
I work as a consultant for one of the big 5 firms implementing SAP applications. What is the job code referenced for this job? I want to know the job category it falls under as per the Dictionary of Occupation Title or the O*Net published by DOL. My company did not provide me this information but any help will be greatly appreciated.
Thanks everyone in advance,
Madhavi
Thanks everyone in advance,
Madhavi