InTheMoment
07-23 10:16 AM
What I have heard from others having the same issue is that they would put your given name as the last name (as it is the index in their db) and put the "FNU" (First Name Unknown) under the first name. I know, this is ridiculous as you have a first name ! Hope they have something like a "LNU" as well
You meant to say NA for "not applicable" right? Others may not interpret Name followed by NA in the same way. This part of the world NA also stands for "North America" :)
This might cause issues in long run especially when you apply for GC or even extention of visa as the Name in the passport will not match the visa or even your records from school and university.
You meant to say NA for "not applicable" right? Others may not interpret Name followed by NA in the same way. This part of the world NA also stands for "North America" :)
This might cause issues in long run especially when you apply for GC or even extention of visa as the Name in the passport will not match the visa or even your records from school and university.
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Rajeev
08-11 08:22 AM
does it have any impact, if a lot of people vote this bill on this site?
Also, there is no time lines on when its going to be set for voting in House.
It will definitely have an impact, but surprisingly very few persons are interested in pursuing this.
Also, there is no time lines on when its going to be set for voting in House.
It will definitely have an impact, but surprisingly very few persons are interested in pursuing this.
karthkc
06-02 11:19 AM
its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).
Unless I am mistaken, this was true only for non-PERM scenario if you were already employed for the firm that sponsored your GC.
In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.
Here is a posting I found from a while ago on this..
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341
Unless I am mistaken, this was true only for non-PERM scenario if you were already employed for the firm that sponsored your GC.
In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.
Here is a posting I found from a while ago on this..
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341
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vin13
01-15 06:34 PM
Once you switch jobs using AC 21, you are no longer on H1-B (even though you still have H1-b date that has not expired).
Your next H1-B will be considered a new H1-B and not a transfer.
You will be able to use remaining H1-B time. There is no difference whether the employer revokes or not revoke your H1 as you are no longer on H1-B.
Your next H1-B will be considered a new H1-B and not a transfer.
You will be able to use remaining H1-B time. There is no difference whether the employer revokes or not revoke your H1 as you are no longer on H1-B.
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casinoroyale
01-07 11:51 AM
>if one enters using AP,then works for his current employer , even then, >he/she has to leave and reenter to get h1 status? or only in case of ac21?
Ok, after using AP there are two ways in order to reinstate H1B status.
1) By applying H1b extension after entering on AP
2) going out of country and entering with valid h1b visa stamp.
This is based on what i read in immigration-law.com and again as per murthy office.
can you please explain little more? what is meant by after invoking, is it AC21?
If one enters using AP,then works for his current employer , even then, he/she has to leave and reenter to get h1 status? or only in case of ac21?
thanks in advance.
Ok, after using AP there are two ways in order to reinstate H1B status.
1) By applying H1b extension after entering on AP
2) going out of country and entering with valid h1b visa stamp.
This is based on what i read in immigration-law.com and again as per murthy office.
can you please explain little more? what is meant by after invoking, is it AC21?
If one enters using AP,then works for his current employer , even then, he/she has to leave and reenter to get h1 status? or only in case of ac21?
thanks in advance.
SFGREG
February 2nd, 2004, 10:53 PM
Hi,
From an old time NIkon user with of all cameras the N70 (sort of ironic). I currently own a canon dig camera (s50) and I have found the need for a better optical zoom range, and stronger flash.
Almost bought the new canon rebel, but since I own some nikon equipment, and heard about d70, I held off.
So, the questions:;;
1) Will I be able to use my Nikon AF Nikkor 35-80mm lens?
2) How about my Sigma 70-300mm apo macro for nikon?
3) I also have sb26 nikon flash?
Are these all usable? WIll I be giving up functionality with these lenses or flash? Obviously, I'm more willing to spend 1k on the camera if I can utilize my current investment in my lenses and flash.
Thanks
Craig
From an old time NIkon user with of all cameras the N70 (sort of ironic). I currently own a canon dig camera (s50) and I have found the need for a better optical zoom range, and stronger flash.
Almost bought the new canon rebel, but since I own some nikon equipment, and heard about d70, I held off.
So, the questions:;;
1) Will I be able to use my Nikon AF Nikkor 35-80mm lens?
2) How about my Sigma 70-300mm apo macro for nikon?
3) I also have sb26 nikon flash?
Are these all usable? WIll I be giving up functionality with these lenses or flash? Obviously, I'm more willing to spend 1k on the camera if I can utilize my current investment in my lenses and flash.
Thanks
Craig
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pnjbindia
10-08 03:46 PM
There is no way to delay it. The only thing you could have done was, NOT send a document like employment letter, or didnt complete all vaccinations for medical. This wd generate an RFE, but at least wdnt catch you by surprise....
No. Is there any way to get it delayed till my marriage ?
No. Is there any way to get it delayed till my marriage ?
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ziggy7bs
03-19 12:17 PM
I have already started procedure for filing a new PERM. Nothing will work the lawyer said. We have to file a new PERM.
try your senator. I might work. they have special staff at uscis. i am going to try it and see if they can get uscis to accept I-140.
try your senator. I might work. they have special staff at uscis. i am going to try it and see if they can get uscis to accept I-140.
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bathuzp
11-10 10:39 AM
Hi All,
I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master’s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"……..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."
Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.
Now here my questions:
1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?
2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!
3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?
4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?
5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.
6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?
7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?
We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.
I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master’s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"……..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."
Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.
Now here my questions:
1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?
2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!
3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?
4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?
5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.
6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?
7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?
We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.
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dealsnet
07-23 02:12 PM
See this thread for it.
http://immigrationvoice.org/forum/forum105-immigrant-visa/200436-abandoning-aos-how-to-withdraw-i-485-options.html#post528499
In the stated situation, I would opt for changing the I-485 case to consular processing.
http://immigrationvoice.org/forum/forum105-immigrant-visa/200436-abandoning-aos-how-to-withdraw-i-485-options.html#post528499
In the stated situation, I would opt for changing the I-485 case to consular processing.
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sujan_vatrapu
10-27 11:28 AM
Legal immigration problem cannot be solved by these channels. FOX channel is extreme right when it comes to the matter and interests of one of the party Republican party and they are biased for Tea scum bag party. But when it comes to other countries right issue they become middle men and the saviours of democracy. Please see below how they address India's own Nationalist and valid issues.
Tensions Rise Between Hindu Radicals, Urbanites in Mumbai - FoxNews.com (http://www.foxnews.com/world/2010/10/26/tension-rises-hindu-radicals-urbanites-mumbai/)
any media in any country for that matter is biased, and mostly controlled by ruling party and their business interest. Never ever believe their analysis and take decisions.
shiv sena is an extreme outfit and their actions should be condemned, its not a right or left issue,
Tensions Rise Between Hindu Radicals, Urbanites in Mumbai - FoxNews.com (http://www.foxnews.com/world/2010/10/26/tension-rises-hindu-radicals-urbanites-mumbai/)
any media in any country for that matter is biased, and mostly controlled by ruling party and their business interest. Never ever believe their analysis and take decisions.
shiv sena is an extreme outfit and their actions should be condemned, its not a right or left issue,
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wandmaker
07-23 11:10 AM
If 15 months has passed since your last FP and your GC is still pending then you will receive an FP notice again. It does not mean things are moving and/or someone looking at your AOS file. If you EFILE the EAD - you will receive a FP notice each time for thumb and picture, this is different from 485 FP.
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GCVictim
05-07 11:57 AM
Me and my wife got soft LUD on 485 files. the date was 03/19/2009. we are Jul 07 filers. PD was May 07
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wandmaker
04-03 06:59 PM
Have had unfortunate turn of events and need your guidance.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
You need to add more clarity to bold words... For instance, if your work location in LCA was New York and you worked in San Francisco - Man you are in trouble..... Please post what was incorrect on the LCA and also fill in the profile, if you want the folks to consider responding to your query. My 2 cents.
I had a valid approved h1 petition and i-94 for 2005 through company A.
Company filed for extension of h1 in 2007 and received approved h1 and i-94 valid till 2010. Did not travel out of the country at that time.
Filed for AOS 485, EAD, AP in 2007. Traveled and entered US using AP in 2008.
USCIS did inquiry and has revoked 2005 h1 because of incorrect LCA filing by the company. They have also said that because of incorrect LCA filing, I am in violation of h1 status. Attorneys have advised that USCIS will retroactive hold me as 'out-of-status' but not unlawful present as I was working in good faith based on an approved petition and unexpired i-94s.
The 2007 h1 was also filed in similar fashion as the 2005 h1.
Although USCIS has not revoked current 2007-2010 h1, there is a possibility of that happening. The 485 might be denied in that case.
The only option is to get on h4 by applying from consulate in India.
Since I will be now answering yes to question 38 (have you violated terms of US visa, or unlawful present..?) I have also shown as intent to immigrate based on my 485 filing.
I want to know my chances of getting an h4 approved.
You need to add more clarity to bold words... For instance, if your work location in LCA was New York and you worked in San Francisco - Man you are in trouble..... Please post what was incorrect on the LCA and also fill in the profile, if you want the folks to consider responding to your query. My 2 cents.
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ita
01-16 11:13 AM
Thank you so much vin13.
So in the case of company C's H1 it will be part of yearly quota and so will have to go through lottery system right?
So there will be a chance of H1 not going through the lottery(no matter even if the applicant was on H1 before)?
Thank you again.
Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).
You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.
Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.
So in the case of company C's H1 it will be part of yearly quota and so will have to go through lottery system right?
So there will be a chance of H1 not going through the lottery(no matter even if the applicant was on H1 before)?
Thank you again.
Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).
You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.
Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.
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ganeshpv
05-01 12:40 PM
Folks,
I have to visit India in June and I need to revalidate my visa that expired in April. I received my H1B extention last week, so that's no problem.
Do I have to go to one of the 4 visa application centers (mumbai, delhi, calcutta, chennai) Or can I just drop by any of the other centers (drop centers I believe, there is one in Bangalore). Website is not clear about this. There is an alluding reference in FAQ that says :
Qn: I am a returning H1-B/L-1 visa applicant, how do I apply for a revalidation?
You need to schedule an appointment for a visa interview through our website www.vfs-usa.co.in or at a visa application centre nearest to your area of residence.
Has anyone done this before? How long is it going to take? Is it similar to the drop-box that existed before?
I got an appointment in Delhi last year (7th year extention in New Delhi) But this time I can't get an appointment in any of the 4 centers.
Ganesh.
ps: I can't get appointments before June in Canada or Mexico either. :(
I have to visit India in June and I need to revalidate my visa that expired in April. I received my H1B extention last week, so that's no problem.
Do I have to go to one of the 4 visa application centers (mumbai, delhi, calcutta, chennai) Or can I just drop by any of the other centers (drop centers I believe, there is one in Bangalore). Website is not clear about this. There is an alluding reference in FAQ that says :
Qn: I am a returning H1-B/L-1 visa applicant, how do I apply for a revalidation?
You need to schedule an appointment for a visa interview through our website www.vfs-usa.co.in or at a visa application centre nearest to your area of residence.
Has anyone done this before? How long is it going to take? Is it similar to the drop-box that existed before?
I got an appointment in Delhi last year (7th year extention in New Delhi) But this time I can't get an appointment in any of the 4 centers.
Ganesh.
ps: I can't get appointments before June in Canada or Mexico either. :(
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snathan
03-27 12:49 AM
Hello,
I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that
" An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".
New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.
As i can work only 240 days from my I94 expiry date, i can't work after July 2010
so am planning to go to India to attend the embassy as soon as possible.
Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.
Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
clearance is done. I am in fix what to do??.
Any help is appreciated.
Thanks in Advance,
Satya.
Your I-94 expired and I-94 extension got denied. In that case you can not stay as you are accumulating the illegal presence. I am not sure when you are saying I94 rejected, what is the decision pending. If its not rejected and you got only RFE, you can stay still get the final decision.
I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that
" An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".
New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.
As i can work only 240 days from my I94 expiry date, i can't work after July 2010
so am planning to go to India to attend the embassy as soon as possible.
Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.
Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
clearance is done. I am in fix what to do??.
Any help is appreciated.
Thanks in Advance,
Satya.
Your I-94 expired and I-94 extension got denied. In that case you can not stay as you are accumulating the illegal presence. I am not sure when you are saying I94 rejected, what is the decision pending. If its not rejected and you got only RFE, you can stay still get the final decision.
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kewlchap
04-06 01:15 AM
Hello all,
Anyone knows if there is a certain length of time that I need to be employed with my GC sponsor after 485 approval?
I have heard 3-4 months, but I am wondering if there is legal time limit or if this is a "good faith" limit.
Appreciate responses.
Anyone knows if there is a certain length of time that I need to be employed with my GC sponsor after 485 approval?
I have heard 3-4 months, but I am wondering if there is legal time limit or if this is a "good faith" limit.
Appreciate responses.
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BPforGC
06-23 04:12 PM
Guys,
Lets focus energies on "Reuniting Families Act". Use this word. Its important. Visa recapture is part of it, but emphasize "FAMILY".
We need this bill and 350,000 VISAS that come with it. We have to make sure that those VISAs don't need to used 'per country' basis. Those VISAs must be distributed to whoever is in line, no matter which country they belong to.
IV core, please focus on this. We need this bill and all those recaptured VISAs can be used for anyone in the line, pre-adjudication complete and held-up because there is no VISA, irrespective of the changeability.
Lets focus energies on "Reuniting Families Act". Use this word. Its important. Visa recapture is part of it, but emphasize "FAMILY".
We need this bill and 350,000 VISAS that come with it. We have to make sure that those VISAs don't need to used 'per country' basis. Those VISAs must be distributed to whoever is in line, no matter which country they belong to.
IV core, please focus on this. We need this bill and all those recaptured VISAs can be used for anyone in the line, pre-adjudication complete and held-up because there is no VISA, irrespective of the changeability.
manja
06-29 02:34 PM
My employer does not pay for dependent health insurance and I want to buy insurance for my wife. Does anyone know of any plan that covers pregnancy? So far I could not find one. I'm living in Texas.
Thanks.
Thanks.
Life2Live
01-09 12:55 PM
Mine is Feb 2007 NSC. I-140 got RFE on Oct will be replying sometime this week.
Looks like they may work on May 2007 cases sometime this month occording to NSC progress.
Looks like they may work on May 2007 cases sometime this month occording to NSC progress.
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