stuckinretro
09-26 01:32 PM
I wanted to share some good news with you. My checks got encashed today. Not sure the call I made to CIS made any difference.
What a relief
Mailed --> Jul'20 --> accepted Jul'23 NSC
What a relief
Mailed --> Jul'20 --> accepted Jul'23 NSC
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qplearn
10-09 04:50 PM
that is a good guess - I hope it is correct.
However, whether the fees are being used for overtime or for more people working on a case, that means USCIS is understaffed and needs to hire more people. In that case, isn't it logical that they would increase fees across the board for all applications, not just PP? i.e. fee hikes would be for new applications to pay for the extra resources, and existing applications should be processed under a flat fee for all cases.
If they are claiming that those who pay extra fees are entitled to faster processing, ahead of the line, then that, my friend, is a bribe, whatever official term is used. Because otherwise if they were understaffed, which it appears they are, they would simply raise fees for all applications.
I can understand a corporation doing this, like getting your tax refunds processed faster through a company if you pay more, but imagine if IRS suggested they would process faster for an extra fee.
They cannot raise fees without providing extra service. USCIS does raise fees once in while though. But the PP fees bring in a very large amount of revenue in comparison to small increases in regular fees.
Also, for better service, people often pay more. I invariably pay more in an airplane to be in the first class. Not sure why USCIS cannot use that logic to make some more money. I don't think it is comparable to a bribe. But, I guess we will agree to disagree here.
However, whether the fees are being used for overtime or for more people working on a case, that means USCIS is understaffed and needs to hire more people. In that case, isn't it logical that they would increase fees across the board for all applications, not just PP? i.e. fee hikes would be for new applications to pay for the extra resources, and existing applications should be processed under a flat fee for all cases.
If they are claiming that those who pay extra fees are entitled to faster processing, ahead of the line, then that, my friend, is a bribe, whatever official term is used. Because otherwise if they were understaffed, which it appears they are, they would simply raise fees for all applications.
I can understand a corporation doing this, like getting your tax refunds processed faster through a company if you pay more, but imagine if IRS suggested they would process faster for an extra fee.
They cannot raise fees without providing extra service. USCIS does raise fees once in while though. But the PP fees bring in a very large amount of revenue in comparison to small increases in regular fees.
Also, for better service, people often pay more. I invariably pay more in an airplane to be in the first class. Not sure why USCIS cannot use that logic to make some more money. I don't think it is comparable to a bribe. But, I guess we will agree to disagree here.
indyanguy
04-16 02:43 PM
Thanks for sharing your experiences. Is LLC corp employer eligible to do H-1 transfer? I have an American citizen friend who has a LLC corp and work as an independent contractor. Can he file for my H-1 transfer and can I work for him?
His annual income is about 150 to 200K. I think he takes about 100K as salary and rest as company profit.
I have my 140 approved and 485 pending (>180 days).
Any potential risks with this approach?
Thanks in advance!
If he's the only employee, CIS might scrutinize the application for Ability 2 Pay issue. I know friends who've gotten a successful H1 approval from companies with only 4 employees. However, CIS looks into the case in depth if a company is very small.
His annual income is about 150 to 200K. I think he takes about 100K as salary and rest as company profit.
I have my 140 approved and 485 pending (>180 days).
Any potential risks with this approach?
Thanks in advance!
If he's the only employee, CIS might scrutinize the application for Ability 2 Pay issue. I know friends who've gotten a successful H1 approval from companies with only 4 employees. However, CIS looks into the case in depth if a company is very small.
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chanduv23
10-14 04:33 PM
Its good that we've progressed a bit. Hope there is no more retrogression and USCIS actually processes applications of people per the bulletin...
USCIS predicts retrogression as they say there is a lot of cases.
USCIS predicts retrogression as they say there is a lot of cases.
more...
wandmaker
12-09 12:20 AM
Labor category is not an issue here. It is the position (Manager), job roles and responsibilties listed appears to be very restrictive. Secondly, the audit has increased.
qualified_trash
10-06 07:42 PM
If he is going to start with new PERM. new I-140, he can port the old PD based on old I-140.
I disagree based on the following:
Accordingly, guidance in the June 19, 2001, memorandum provides that the labor
certification or approval of a Form I-140 employment-based (EB) immigrant petition shall
remain valid when an alien changes jobs, if:
(a) A Form I-485, Application to Adjust Status, on the basis of the EB
immigrant petition has been filed and remained unadjudicated for 180
days or more; and
(b) The new job is in the same or similar occupational classification as the job
for which the certification or approval was initially made.
note the "and" between (a) and (b) and note point (a) which states that a pending 485 is necessary for an alien to change jobs
this is from the USCIS website
http://www.uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
I disagree based on the following:
Accordingly, guidance in the June 19, 2001, memorandum provides that the labor
certification or approval of a Form I-140 employment-based (EB) immigrant petition shall
remain valid when an alien changes jobs, if:
(a) A Form I-485, Application to Adjust Status, on the basis of the EB
immigrant petition has been filed and remained unadjudicated for 180
days or more; and
(b) The new job is in the same or similar occupational classification as the job
for which the certification or approval was initially made.
note the "and" between (a) and (b) and note point (a) which states that a pending 485 is necessary for an alien to change jobs
this is from the USCIS website
http://www.uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
more...
GCWhru
03-25 09:49 AM
I applied on Dec 21st and case is still pending.
I wonder why they are not updating the processing times page lately, it is still shows Feb 15th as the updated date rather it should have updated on mid March.
I wonder why they are not updating the processing times page lately, it is still shows Feb 15th as the updated date rather it should have updated on mid March.
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Caliber
01-04 12:12 PM
I have bunch of colleages who have filed 485 two years ago and they are all saying you can take different responsibilities. I thought they would have done better research on this one as they are at that stage. May be they are wrong. I beleive their 485 is status is at "pending approval". Does anyone know what could be the possible final status for 485 during retrogression? This may be the decider for both AC21 and existing employer role change. Can anyone confirm this one?
One of my friend's 485 was denied after 2.5 years. Their H1 was over and did not extend. Both Husband and wife were working on EAD and they never even had 1% doubt about not getting approved. The reason was that the base labor was already utilized by his employer for another employee and that guy got GC about 2 months before this guy. Incidentally both are friends and worked for the same company. But USCIS was kind enough to allow him to continue provided they file for new labor through Perm and they also got the Old PD. Then they applied in Perm through Sheela Murthy and then got their GC in almost like 45 days. This happenned about 8 months back. PLEASE REMEMBER THIS SITUATION. I am not sure if this is USCIS mistake for approving 140 for 2 people with the same labor. This still haunt's my friend's family as I remeber the day they got the rejection letter.
One of my friend's 485 was denied after 2.5 years. Their H1 was over and did not extend. Both Husband and wife were working on EAD and they never even had 1% doubt about not getting approved. The reason was that the base labor was already utilized by his employer for another employee and that guy got GC about 2 months before this guy. Incidentally both are friends and worked for the same company. But USCIS was kind enough to allow him to continue provided they file for new labor through Perm and they also got the Old PD. Then they applied in Perm through Sheela Murthy and then got their GC in almost like 45 days. This happenned about 8 months back. PLEASE REMEMBER THIS SITUATION. I am not sure if this is USCIS mistake for approving 140 for 2 people with the same labor. This still haunt's my friend's family as I remeber the day they got the rejection letter.
more...
coopheal
03-22 05:52 AM
Hello friends,
Of late everybody is talking about bad economy. I mean its all over the TV and newspapers. Apparently we are in a recession since past one year (since Dec 2007).
However, odd it may though sound, I don't see any real economic slowdown in IT sector. I mean all my friends and acquaintances in IT industry in the US and India are retaining their jobs. I recently talked to my IT recruiter and she told me that as far as she is concerned this year has been like any other years. Bit sluggish at the year end, but loads of requirements lined up for January next year.
Am I the only one who is feeling this way, or others also sensing the same thing. Maybe the real jolts are still lying in the future, in the coming year. Or may be its just a hoax. I would love to know other people's observation on this strange anomaly between what is being reported in the media, and what is being observed on the ground.
Sargon please update your profile with correct information instead of faking as EB1 from a ROW country stuck since 2003.
Of late everybody is talking about bad economy. I mean its all over the TV and newspapers. Apparently we are in a recession since past one year (since Dec 2007).
However, odd it may though sound, I don't see any real economic slowdown in IT sector. I mean all my friends and acquaintances in IT industry in the US and India are retaining their jobs. I recently talked to my IT recruiter and she told me that as far as she is concerned this year has been like any other years. Bit sluggish at the year end, but loads of requirements lined up for January next year.
Am I the only one who is feeling this way, or others also sensing the same thing. Maybe the real jolts are still lying in the future, in the coming year. Or may be its just a hoax. I would love to know other people's observation on this strange anomaly between what is being reported in the media, and what is being observed on the ground.
Sargon please update your profile with correct information instead of faking as EB1 from a ROW country stuck since 2003.
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sanjeev_2004
08-26 09:10 PM
Friends I think a great injustice is being done to NSC filers , their applications are taking months for ead and ap, while TSC filers are getting ead adn AP as soon as they get receipt, do you think this will improve for NSC in future, at this time looks like august NSC filers will haveto wait till the end of the year for EAD,ap, which is sad.
You didn't say any where in your message that TSC applicants are getting RN very late. Sorry to say but it seems you are very mean and selfish person. But looking at only NSC your concern is currect.
I think we are united here.
You didn't say any where in your message that TSC applicants are getting RN very late. Sorry to say but it seems you are very mean and selfish person. But looking at only NSC your concern is currect.
I think we are united here.
more...
pasupuleti
04-04 03:00 PM
Yeap Core team has done a tremendous job, no words to explain my gratitude. Community also showed support by donating 70k.
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Desy
10-07 02:39 PM
Hi Friends,
I am a permanent employee for "x" company, my 140 filed on May 1,2007 waiting for approval, 485 filed on August 22,2007 not been approved either, we just got our EAD's, also please note that i am on 6th year extension on h1... my company "x" moving all projects to the different company "y" from December 1, 2007. ie we are all moving to "y" with the same job title just everything is same istead of "x" it is now "y" company.
When i called my legal department and ask them about green card status they simply said nothing to worry... everything will be moved to "y" company, as a transition exployees..
Be honest with you guys...from the last 4 days... i could not sleep... i really dont know what to do in this situation, this is the reason.. i am seeking your help. can some one guide me or answer below questions please.
1. 140 filed 05/01/2007 - 11/30/2007 more than 180 days with "X" company
2. 485 filed 08/22/2007 - 11/30/2007 more than 90 days with "x" company
3. EAD approved
4. Travel documents approved
5. I am on H1 6th year extension.
6. Transition employee.
my question is
1 Can my green card status remains the same and continue the process with the new "y" company ?
2.Do "y" company has to start processing labour/140 again ??
3.Is it doable that moving everything from "x" to "y" including GC processings ??
Thanks in advance...Kindly help me out in this situation like how to proceed from here
With sincere regards...
Desy
I am a permanent employee for "x" company, my 140 filed on May 1,2007 waiting for approval, 485 filed on August 22,2007 not been approved either, we just got our EAD's, also please note that i am on 6th year extension on h1... my company "x" moving all projects to the different company "y" from December 1, 2007. ie we are all moving to "y" with the same job title just everything is same istead of "x" it is now "y" company.
When i called my legal department and ask them about green card status they simply said nothing to worry... everything will be moved to "y" company, as a transition exployees..
Be honest with you guys...from the last 4 days... i could not sleep... i really dont know what to do in this situation, this is the reason.. i am seeking your help. can some one guide me or answer below questions please.
1. 140 filed 05/01/2007 - 11/30/2007 more than 180 days with "X" company
2. 485 filed 08/22/2007 - 11/30/2007 more than 90 days with "x" company
3. EAD approved
4. Travel documents approved
5. I am on H1 6th year extension.
6. Transition employee.
my question is
1 Can my green card status remains the same and continue the process with the new "y" company ?
2.Do "y" company has to start processing labour/140 again ??
3.Is it doable that moving everything from "x" to "y" including GC processings ??
Thanks in advance...Kindly help me out in this situation like how to proceed from here
With sincere regards...
Desy
more...
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grupak
02-28 10:59 PM
Yes. my I-140 is Approved and 180 days has passed. How much time will i have to transfer H1B without loosing H1B status? Thanks for your response.
For H1B: use your vacation time to be associated with your current employer for as long as possible, try pay without leave if possible. No hard and fast rule how much gap is allowed. In principle, there can be no gap but lawyers claim 10days, 2weeks is okay. USCIS asks for recent pay stubs to check for gaps.
You are in much better shape with >180 days in AOS. Can work in EAD if needed.
Don't worry.
For H1B: use your vacation time to be associated with your current employer for as long as possible, try pay without leave if possible. No hard and fast rule how much gap is allowed. In principle, there can be no gap but lawyers claim 10days, 2weeks is okay. USCIS asks for recent pay stubs to check for gaps.
You are in much better shape with >180 days in AOS. Can work in EAD if needed.
Don't worry.
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Hermione
10-02 02:51 PM
Thank you Hermione (Granger?)
What about salary requirements? would it be okay if I get 20-30% lower
salary? Do I have to be getting paychecks every month?
Yeah, sticking up for the Muggle-born :)
Salary should not be drastically different, but -20-30% should not be a red flag. Can you construct a more complicated compensation agreement that would include defined compensation (salary) and your share in profits or equity of the company? On one hand, it may be a good idea overall (and will protect your friendship), on the other hand, it is a lot harder for USCIS to cause trouble if they can't clearly understand what your total compansation compared to old job would be.
What about salary requirements? would it be okay if I get 20-30% lower
salary? Do I have to be getting paychecks every month?
Yeah, sticking up for the Muggle-born :)
Salary should not be drastically different, but -20-30% should not be a red flag. Can you construct a more complicated compensation agreement that would include defined compensation (salary) and your share in profits or equity of the company? On one hand, it may be a good idea overall (and will protect your friendship), on the other hand, it is a lot harder for USCIS to cause trouble if they can't clearly understand what your total compansation compared to old job would be.
more...
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nixstor
07-05 09:51 AM
Done digging - also dig the comments while you are there.
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
Ams
1146 members and guests. Can you take a min and digg the post and comments before we all get buried? I just dugg all comments to positve and they are now at 0. Folks are actively -ve digging our comments.
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
Ams
1146 members and guests. Can you take a min and digg the post and comments before we all get buried? I just dugg all comments to positve and they are now at 0. Folks are actively -ve digging our comments.
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saketkapur
10-26 02:41 PM
consult a good immigration attorney.....they know how to navigate the legal mumbo jumbo and what kind of response that needs to be sent.....
more...
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LostInGCProcess
10-01 05:00 PM
I came back via Frankfurt last month. AP no prob. But be aware of Lufthansa. It was worst trip of my life. Bugger airline had cancelled flight from FRA to Mumbai without notifying. They gave me two options after I landed at FRA. 1. Wait at airport for 27 HOURS for next days flight (as they don't give Indians visa @ airport for hotel stay) or 2. Wait for another 6 hours at airport, then take flight from FRA to zurich, wait at zurich for 3 hrs, then zurich to Dubai, wait at dubai for 3 hrs and then dubai to Mumbai. Unwillingly I had to accept 2nd option.
Staff is damn rude, had to wait in long line for 3 hours to talk to cust service.
Never in my life will I travel with Lufthansa :mad: :mad: :mad:
That's terrible and it could happen to anybody and I can imagine how helpless we feel at that time. I have utter contempt for those airlines. Please send emails to as many as possible to the airline and highlight your plight. Whether they hear it or not, they should know at least how you were mistreated.
Staff is damn rude, had to wait in long line for 3 hours to talk to cust service.
Never in my life will I travel with Lufthansa :mad: :mad: :mad:
That's terrible and it could happen to anybody and I can imagine how helpless we feel at that time. I have utter contempt for those airlines. Please send emails to as many as possible to the airline and highlight your plight. Whether they hear it or not, they should know at least how you were mistreated.
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garybanz
08-17 02:41 PM
Could you please provide more information about changing employers after getting the green card. I have not used AC21 and do not intend to switch before the GC is approved.
Thanks.
Thanks.
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GCIsLuck
10-06 03:27 PM
My worry is what if we pay panalty after IRS final decission on audit ?
Did your friend have to pay the penalty any any of those audits.
Thanks
Hi,
Could you check with your friend , did he have to pay the penalty ?
Thanks
Did your friend have to pay the penalty any any of those audits.
Thanks
Hi,
Could you check with your friend , did he have to pay the penalty ?
Thanks
Dhundhun
10-14 07:50 PM
A 700billion$ bailout is not helping much. You think we can help the economy? We are at the mercy of the employers whose earning results are going down because of recession. :( It is hard for me to believe that we can help the economy by buying houses and how are the law makers going to get convinced? Show me the proof.
I am not sure it is simply US$700 billions. Europe is also coming out with bailout package of US$2000-3000 billions.
Let me take example of India: I heard someone talking India coming with Rs. 100,000 Crore (US$250 billion) bailout, some other said no it is Rs 60,000 crore. Between these talks, one airline asked for Rs 5,000 crore bailout. So follows other industry.
So now this is economy of bailouts. I am sure several other countries also must be planning bailout. US has $10.2 trillion US national debt (FED loan), but current external debts are too much (US$16.2 trillion in 2006 ) and govt liabllities US$59 trillion. Refer to http://en.wikipedia.org/wiki/Economy_of_the_United_States
US economy desipte problems is so strong that all the bailouts directly or indirectly supporting business in US. So the US$700 billion is just a symbolic figure. Actual support to US economy could reach US$ 4-5 trillion through worldwide bailouts.
I am not sure it is simply US$700 billions. Europe is also coming out with bailout package of US$2000-3000 billions.
Let me take example of India: I heard someone talking India coming with Rs. 100,000 Crore (US$250 billion) bailout, some other said no it is Rs 60,000 crore. Between these talks, one airline asked for Rs 5,000 crore bailout. So follows other industry.
So now this is economy of bailouts. I am sure several other countries also must be planning bailout. US has $10.2 trillion US national debt (FED loan), but current external debts are too much (US$16.2 trillion in 2006 ) and govt liabllities US$59 trillion. Refer to http://en.wikipedia.org/wiki/Economy_of_the_United_States
US economy desipte problems is so strong that all the bailouts directly or indirectly supporting business in US. So the US$700 billion is just a symbolic figure. Actual support to US economy could reach US$ 4-5 trillion through worldwide bailouts.
sledge_hammer
07-16 03:37 PM
ebizash,
If you did not file the AC21 paperwork, what triggered the RFE? Was it a new H-1B petition with the new company?
I was amazed when my HR called me today to let me know that they had no problem in signing the letter and immidiately after the call, faxed me the signed letter.
Thanks everyone for answering my questions on this post as well as via PM.
I can not access PayPal from work but will donate additional $50 to IV after I get back home.
If you did not file the AC21 paperwork, what triggered the RFE? Was it a new H-1B petition with the new company?
I was amazed when my HR called me today to let me know that they had no problem in signing the letter and immidiately after the call, faxed me the signed letter.
Thanks everyone for answering my questions on this post as well as via PM.
I can not access PayPal from work but will donate additional $50 to IV after I get back home.
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