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logiclife

05-21 09:55 PM

Most companies that hire H1b workers or sponsor F1/OPT status workers for first-time H1 either have a law-firm deal all their immigration cases or an outside lawyer. Some of the big companies have a full-time in-house counsel.

Some employers who rarely hire professionals in need of H1b may not be aware of process and may ask you to look for lawyer to do it for them. The H1B petition is filed by employer. However, employee can certainly help with it. Legally, the employer cannot charge the employee for USCIS fees or lawyer's fees. However, you can hire your own lawyer to help you with your questions and answers(if you hire your own lawyer, you can be comfortable with all advise he gives you, since he would have your best interest in mind as you would be the client). However, to file a petition of H1, your employer should be paying the lawyer(either your lawyer or their lawyer).

Filing for H1B petition requires a fixed set of documents and its simple to do if you have time to do a little research. Many employees help their employers and together, they do it themselves without the help of lawyer, therby saving money. An average lawyer would charge 1000 dollars in fees for filing the petition. For USCIS fees, please look up their website.

There are H1 specific forums on www.immigrationportal.com which would have more details.

Thanks.

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gc2

10-04 03:11 PM

$930 plus a biometrics fee of $80; the fee total is $1,010. Exceptions listed below. There is no fee for applicants who are filing Form I-485 based on having been admitted to the United States as a refugee. Applicants 80 years of age or older are not charged a biometric fee; the fee total is $930. Applicants under 14 years of age: - Filing with the I-485 application of at least one parent have a fee total of $600 - Not filing with the I-485 application of at least one parent have a fee total of $930

I would assume that EAD and AP have to be paid for separately.

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pmb76

08-26 12:55 AM

They call EB appointments E2, E3 etc

There are some E2 appointments in the Aug .pdf but not the September.

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nirajnp

06-02 05:25 PM

Thanks Aranya..

Reg. ques 2 - Let me rephrase it

This is my wife's first H1B which is valid for 3 years ( started in Oct 2005 - Oct 2008). If she does COS to H4 now (June 2008) and if she plans to COS to H1 next year (Lets say March 2009), then will her new H1 application still be considered against the H1B cap (cos her first h1b must have expired in Oct 2008)?

Where can I find the 2005/2006 Memo ?

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uma001

08-31 01:25 PM

My current reporting structure with my employer is:
Client -> Prime Vendor -> Consultant X -> My employer

Another consultant is ready to transfer my visa and the reporting structure there is

Client -> Prime Vendor -> My employer

A prime vendor (not the same client) is also ready to transfer my visa

Client -> My employer


I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?

Is there a way I can ask an attorney directly (I am willing to pay for that service)

Why do you want to transfer to both companies same time? If so, how can you work for both companies same time.

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08-31 06:15 PM

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h1bjava

03-14 12:26 PM

Gurus Please take a moment to answer my previous question. Thank you.

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manderson

10-17 11:57 AM

i don't personally know any attorney nor do I have any experience. But I know that anyone (including Indians) will qualify and this is always current and no labor cert needed. You can go from 140 to 485 in a short period of time and then get a 2 yr conditional GC after which if u still maintian ur initial invest (500k or 1M depending on target area of investment) then u will get final GC.

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donsimahajan

06-22 09:27 AM

totally agreed.

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fide_champ

09-15 03:59 PM

Hi,
I-485 filed in july 2007. I-140 cleared in 2005.
We filed for GC in 2003 (eb3) in spite of my husband having two advanced degrees (M.Tech and Ph.d) but he is not working in the same field of ph.d. His company randomly filed in eb3 for all the employees.
But now my husband is diagnosed with chronic disease. We are thinking if we switch to eb2 since he is eligible to do that, atleast he would get some medical benefits for the treatment.
How do we proceed with this? Do we have to file labor again?
Any suggestions would be really appreciated.

how medical treatment is related to EB2? All you need is a good insurance.

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eagerr2i

08-28 09:39 AM

?? Could you please phrase your question once again? It is not clear what you are trying to ask this forum.

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10-22 02:40 AM

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punjabi

08-30 03:16 PM

When I will get my GC approved, I will scan all the documents into soft copies and shred them later (except the originals).



After a long journey on several non immigrant visa's my GC finally got approved. The questions that I would like to throw out for the group to think on is regarding the period for which one has to keep all the H1/H4 approval notices and supporting documents?

In my case, I have been here for 10 years and have a 15 pound folder that has all the approval notices (I-797) and supporting documents (copies of I-129, transcripts, everything under the sun)

I would hate to have to carry this for the rest of my life.

Lawyers - Your legal opinion would provide relief to my aching shoulders :)

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new_horizon

04-06 02:08 PM

I think it should be fine as long as the visa page is not tampered or damaged, and the electronic information can be read. Also since she has a new pp, it should not be a problem. She should carry both the old and new pp with her.

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Four Tailed Fox NARUTO

loudobbs

08-02 11:50 PM

My AOS was filed June 29 th and I am waiting for the recipt notice.


Now, as the AOS is filed, will it make a difference later on - filing AOS under EB2 would have got him the Green Card ealier?

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praveenuppaluri

03-11 11:49 AM

unless you have the new cut-off dates for April - they don't want to look at your thread (waste of their precious minute after waiting for many many years ofcourse)

eliminating dependents count for GC is wishful thinking and many pundits talked this issue over and over and yes, it will greatly help elimate backlog but just blogging wont get us anywhere.. people are so anxiously waiting for the April VB that any thread that doesn't give them the new dates are venting their frustations in giving reds.. may be they are the ones who are closer to their finish lines and waiting for the final push to get them greeeen

anyway, with yours in EB3-I mid 2004 and mine in EB2-I just started after 10 yrs in USA, this should help us stay little optimistic. I gave you a green for sharing some hope (however looooong shot it may be). Thanks

Folks,

Please read this. if USCIS takes this seriously then we can expect some movement in coming visa Bulletins

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04-25 11:08 PM

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immihelp123

03-31 09:04 PM

ztopia,

I changed my employer on EAD and did not go through the H1B route.

Thanks

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svr_76

01-09 05:55 PM

Chelsea Clinton. (YES its not a typo, you are reading it right).
Because thats about the time it would take to get the voting right [i.e. Citizenship] :-)

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AmericanDreamZ

10-02 04:26 PM

Hi Friends,
If Forom G-28 is signed while applying for EAD and AP,

who will receive EAD and AP documents? Lawyer or the Applicant?. Please advice...


Regards,
Alex

Hi Alex

There is another thread with the same question. You may have not found that because of the incomplete title thread. Here is the thread

http://immigrationvoice.org/forum/showthread.php?t=14022

-AD

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rbalaji5

01-11 01:35 PM

Thanks Gc2 for useful information. I will the family class.

Do I need to cancel their I-485 after they go to India or I will just leave as it is - let it cancel / reinject by itself.

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uma001

04-15 09:15 AM

Thank you uma001 for your response. My H1-B is valid until Nov 2010. As per your advice, I need get things started. Its so frustrating - job, employer, gc, being away from kids.

Since your spouse is working, You can look for consulting position in east coast ,get the project and file for H1 ,file for green card simultaneosuly assuming your 5th year completes by November 2010 (not 6th year, you mentioned H1 valid until November 2010). You still have 6 full months time.

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Courtney Love is being sued by

m2kkk

07-31 12:29 PM

I don't see the gain. Although a fresh L petition has better chance of approval, you still have to get a visa approved, which may get rejected.

Given your wife's situation of EAD, you are better off applying for an extension here. They will not reject an application as long it meets all the requirements.

Thanks ! I dont know if the reasons for rejection are entirely based on merits of the petition but from experience of my coworkers around here, the employer advises a fresh petition. If I wish to go for a fresh petition how soon can I travel before my VISA expiry date ? Is there any deadline stipulated ? My VISA expires on 11/18/2008. Can I travel in Sept and submit a fresh petition for approval ?

Thanks

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humty

09-14 06:10 PM

hello,

Processing Type: Regular Processing
Receipt Number: WAC081-465-XXXX
Received Date: APR,24 2008
Notice Number: N/A
RFE Date:
RFE Responded Date: sep 16 2008
Status: RFE responded and case resumed

iam going to wait since one year.but still its going to be delay.my employer didn't say anything. I was getting frustrated everytime I looked at it, same statment: "Case resumed"
what will i do?can i raise the service request?can i directly call to the uscis?

please suggest me...

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KabAyegaMeraGc

07-30 04:24 PM

Can you elaborate the process for infopass?

I tried and got mine but when I tried to get an appt for my wife I got a message saying I cannot schedule an appointment.

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sfhdweb

12-27 01:17 AM

Does .net framework give access to complete functionality of Windows OS?
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martinvisalaw

01-07 02:33 PM

For locations of deferred inspection offices, see here. (http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf) Please call before visiting them to make sure of their hours. Good luck.

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jkamdar

04-17 01:02 AM

I have received the following 485 Rfe for my spouse and myself, I am posting the whole
text from RFE letter. Also USCIS has sent me a copy of the current I-693 Form which
was sent with our application as a sealed copy.
The reason I think for the RFE is because the civil surgeon I had used was in the list
of USCIS civil surgeons in 2007 but now he is no more in the list, hence as they touched my application now, the form need to be signed by a designed civil surgeon on the current uscis list. Has any one received an rfe like or similar to this.
Please suggest the best possible to resolve this one.


Request For Evidence

This office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to the above address. Include a copy of this letter and place the attached gold sheet on top of your documents.

A review of your file indicates that the medical examination(Form I-693) you submitted was not completed by a designated civil surgeon, and therefore this Service cannot accept it.

Please take the enclosed copy of Form(I-693) with this notice to the same clinic so that
the designated civil surgeon can review and sign the medical examination. A list of designated civil surgeons can be obtained by calling the USCIS National Customer Service Centre at 1-800-375-8253, or via the USCIS website at www.uscis.gov. You do not need to undergo the entire medical examination.Once this is complete, please return the amendend Form I-693 in an envelope sealed by the designated civil surgeon.

You must submit the requested information within thirty(30) days from the date of this letter(33 days if this notice received by mail). Failure to do so may result in the denial of your application.

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more...

DaveLife 2005 — Click To

masterfender

04-26 09:28 PM

Hi guys,

Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.

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Blog Feeds

03-31 12:40 PM

AILA Leadership Has Just Posted the Following:



Just when you thought it couldn't get much worse.

Now we are told that ICE agents grab mentally ill immigrants right from mental hospitals, ship them off to a Texas detention center without word to family or counsel, and deport them. Could ICE's behavior be any more horrific?

The latest ICE outrage against immigrants has been released in a study conducted by Texas Appleseed, a public interest law center, and Akin Gump, a corporate law firm, and documents ICE's mistreatment of mentally ill immigrants at every stage of the deportation process. http://nyti.ms/atZYsB.

The report is just the latest in a stream of countless stories of neglect, abuse, and deaths of detainees in ICE detention. Some tales fit neatly into the annals of the world's most oppressive regimes, including the plight of Boubacar Bah, who, after mysteriously suffering a skull fracture, was handcuffed by ICE officials while writhing in agony in his own vomit on the floor of a New Jersey detention center, then locked-up in an isolation cell for 13 hours without medical treatment and, finally, transported to a hospital in a coma where he later died, (See Secret Horror Stories: ICE Officials Hid The Truth About Immigrant Deaths In Detention http://bit.ly/4tdHDt).

Several months ago homeland security secretary Janet Napolitano and ICE assistant secretary John Morton announced a review of the ICE detention operations with the stated goal of creating a "truly civil" detention system. But in light of the continuing reports of deaths, abuse, neglect, cover-ups, and other corruption, it is beyond dispute that the ICE detention system is a national disgrace. DHS should not tolerate even a single case of abuse or neglect of a person in ICE detention. The poor treatment of the mentally ill should also be viewed in light of the recent March 27 Washington Post article revealing dissension at top levels of ICE management. Napolitano and Morton are now suffering from a credibility gap. They must demonstrate clear and forceful leadership if they want to succeed in implementing the priorities and reforms they announced months ago on enforcement. All Americans are entitled to be secure in the knowledge that individuals detained by ICE will be treated humanely, and in accordance with applicable detention standards.
https://blogger.googleusercontent.com/tracker/186823568153827945-8890484200926259884?l=ailaleadership.blogspot.com


More... (http://ailaleadership.blogspot.com/2010/03/immigration-detention-gone-rogue_31.html)

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baldev.thakur

06-25 10:32 AM

so n-400 is the ' path' document .Ok. N400 processing is now some 7 month behind all the places I saw. Any place where that is < 7 months or so ...
thx
Sam

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Blog Feeds

09-24 03:20 AM

U.S. Citizenship and Immigration Services (USCIS) has launched its newly re-designed Web site (http://www.uscis.gov/portal/site/uscis). Although the Web site update was scheduled to be introduced September 22, 2009, attorney Eugenia Ponce visited the site Monday and has this report:

The updated Web site is organized according to categories.The categories are displayed as Topics, Forms, Resources, Laws, News, and About Us. The topics are categorized as follows: Adoption, Permanent Residence, Humanitarian, Citizenship, Members of the Military and Their Family, Family, Visit the U.S., Working in the U.S, and Genealogy. After clicking on a specific topic, I was provided helpful information and even more additional information was available through the links on the left of the screen.The advantage of categorizing the information by topic is that individuals are now able to familiarize themselves with the process from start to finish. There are other helpful links and tools within each specific topic.

Another key feature to the Web site is that there is a &ldquo;where to start&rdquo; link. Before, individuals could navigate throughout the Web site not knowing where to even begin their search on a narrow issue. Now, the &ldquo;where to start link&rdquo; will allow individuals to begin their immigration search by narrowing it down to their specific issue. For instance, there is a scroll-down available for individuals under the &ldquo;where to start&rdquo; link. It states &ldquo;I Am,&rdquo; and one can select from the various choices available and get specific information relating to any issue.

Given the new era with text messaging (even various airline companies provide flight and gate status information through text messaging), USCIS has upgraded its site by adding a link that allows individuals to receive case status updates via text messages. The newly designed site has provided a one-stop resource center for individuals with specific queries and I am excited in navigating throughout their links. Visit the newly re-designed USCIS Web site (http://www.uscis.gov/portal/site/uscis) and see the improvements for yourself.



More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/m6kvujwmnC8/)

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house Aug 19 2005, 02:41 AM

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dealsnet

05-04 04:56 PM

Even though at will employment, you can ask for ticket. When they applied for your petition, they agreed for all laws governing H1B. No excuse for them. If they do not agree, contact the labor department.
Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
Plz reply me soon
Thanks

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OLDMONK

07-18 11:39 AM

Hi,

I am a B.COM and AICWA. I have also completed CA-Inter. I have totally 12 years of experience out of which 7 years in IT and 5 years Non-IT. I am currently working as Program Manager. My Labour is approved. My company is trying to get a evaluation done.

Would there be any issues when concurrently filing for I-140 and I-1485 with regard to the Education Evaluation.

Make sure you use a detailed evaluation from a reputed evaluator. Do not provide generic evaluation as we do while applying fir H1B.

Evaluation should specifically equate your B.Com degree to a 4 year US degree. + 5 years experience if you filed in EB2. (your labor should have a requirement of BS + 5 years progressive experience)

If filed for EB3 the evaluation should equate your B.Com degree as to equivalent of a 4 year US degree.

I am hoping that this is not a labor substitution case and you labor is YOURS and requirement is Bachelors in Business or Finance or Commerce.

Since you did not post details of your labor, I am not sure people can help you much with specifics.

some helpful pointers.

Try not to club your experience to come up with education equivalency.

If your labor is perm make sure you are already being paid what is on the labor approval.

Try not to use your CA-Inter or AICWA. Keep it simple and straightforward.

I am assuming there is no ability to pay issue and the company is green on its financials.

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Antonio Trivelin

October 3rd, 2006, 04:15 PM

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Tks for the comments !!!

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webm

04-02 12:57 PM

"Then can I have mulitple jobs, say I start a company, or work for others as well ?"

I guess you can on EAD...

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Aug 19 2005, 02:41 AM

leo_loco

06-28 02:42 PM

Hi:

I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?

If yes, then how does it work? I mean is it possible at all?

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pani_6

11-11 12:33 PM

With the elections changing the senators..we have to contact the new senators to pass our bills..so we need to write to new and important senators to pass the Bills...I was wondering if anybody had a list of new senators and thier addresses so that we would write a letter...sign in by hand and post...I have allways seen that sending sending Fedex is better that sending 37 cents stamped letter...but at least we should send in the 37cent letter..

Our activism will save us from this being taken up after the 2008 election!!.

The leaders have already mentioned that they have a common ground on immigration..we just need to stir up a debate and things will pass...

We are in the final lap..dont loose sight..!! ..IV is doing a Great Job!!

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japs19

07-20 02:18 PM

I am in the same situation and I filed for AOS using approved 140 from Company A. The only risk is, if we get an approval within 180 days then technically we will have to go and work for Company A for minimum 90 days, which in my case is not possible. My lawyer said that he highly doubts that any action will be taken in 180 days (my PD is June 05) and once 180 days are over, you can use the luxury of AC21 and could be working for any employer at that time.

I say go ahead and file for 485 and at the same time tell your employer to initiate LC process. They can use LC for some other candidate if you end up not using it.

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SpookyH1Alien

10-24 03:13 PM

Hi,

I have my I140 approved from a reputed company. My priority date is Nov 30th 2007. I have not been able to file I485 because of the priority date not being current. I am planning to move back to India next year. In the future, if I do wish to come back through family based immigration because my brother is a US citizen, will I be able to use the Nov 30th 2007 priority date toward my family based immigration case.

Thanks in advance.

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cbpds

08-07 03:31 AM

Nothing to worry, you have made no mistake, thats the way it appears

all the best

Hello Friends,
I have today booked my visa interview appointment at Mumbai consulate.My hometown is Indore (Madhya Pradesh) and on the visa appointment letter the "State of Residence" says "Maharashtra". I am confused whether I made any mistake or the "state of Residence" says maharashtra based on consulate's state?

Please help me getting answer to this puzzle.

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aarzoo

01-14 12:52 PM

There have been cases reported in past on this forum where the PERM approval was lost in mail.

You should ask your employer to download the PERM approval from DOL ETA website, which should be completed and signed by both you and your employer (similar to the PERM paper approval that you did not receive).

Your lawyer should submit this form with I-140 and also request USCIS to obtain a duplicate copy of PERM approval from DOL. This may help.

Are you porting to EB2?

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03-27 12:18 PM

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Akia

03-01 11:01 AM

Hi folks, i am in urgent situation and need your advice.

My 6-year H1B expires by end of April 2011 and I am quitting my job by the end of March and changing my status to H4. My I-140 has been approved, I-485 not submitted. Now I only have 1 month left in the 6-year H1B period and am in H4 after March, can I find a new employer to apply for H1B for me, using the 1 month? If yes, can the new employer apply for a 3-year H1B visa?

any comments/advices would be appreciated.

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life99f

03-25 09:19 AM

Thanks...I haven't worked with cap H1b before.

So it seems IMPOSSIBLE to change job from university to company since most companies won't help you apply H1B on April and wait 6 months (till Oct) to put you into work.

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04-17 07:37 AM

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03-27 03:17 PM

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doubleyou

03-09 07:57 PM

Any body has a soft LUD on approved EAD while I 485 pending.

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03-20 01:12 PM

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12-09 06:34 PM

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andy garcia

05-05 11:05 AM

eb2waiter,

senthil1 has a very good answer, now if you are asking for the specific date, no one can answer your question...

better pray for the CIR to be passed first.
then get a comfortable chair and wait for the 20+ millions illegals to get ahead of you in the queue

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03-14 12:26 PM

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alterego

10-15 10:39 PM

I would wait it out if I were you. Why the risk at this stage?
Risk/Benefit analysis is not in favour of anything but staying put if you ask me.
What if in the 8-9 months it will take to get to this stage, the EB3 date skips forward, worse yet what if they take a hard stand on conversion cases due to the number they are seeing and you get denied.
It all depends of course on your personal circumstances, but I can't see the logic in it.

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kirupa

09-29 09:12 PM

Hi psychman!
In a nutshell, you can't because WebClient cannot access the file system. One thing you can do is install a web server on the machine - IIS, Apache, etc. Would that be something you would be interested in doing?

Thanks,
Kirupa

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vhd999

10-07 10:19 AM

Sorry, if this question is asked before. I could not find the answer even after a thorough search.

My EB3 � India, I-485 application is pending and I am planning to explore options of porting to EB2.

I am currently working with another employer (B) different from the GC sponsoring company (A) using AC-21 rule.

My current employer (B) is planning to apply for labor in EB2 category.

The job requirements satisfy EB2 eligibility and I have the skills/qualifications for the EB2 category before I joined the current employer (B) (in fact even before joining the employer A).

Two questions:
1). Do you see any problem with the above scenario?
2). If you are not a lawyer, can you please suggest a good immigration lawyer that is very good at dealing with porting.

Thanks in advance.

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EB2_Jun03_dude

04-22 01:07 PM

very funny yabadaba!

My understanding of a soft LUD is that your case was accessed for something... but since my PD/RD is current, I was wondering if others in the same boat have any recent soft LUDs ?

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we_r_d_world

09-18 02:45 PM

I know people work for county on EAD, but can one be employed by the US government on EAD?

I work for State government on EAD. My agency's HR didnot/does not have any knowledge, had to involve local Immigration lawyers and State immigration lawyers to educate them. I have to be forthcoming and provide/sign new I-9's whenever my EAD is renewed.
HTH
we_r_d_world

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NNReddy

07-05 11:32 AM

Do you know anybody that applied for extension based on medical grounds. So far I applied for extension 5 times during last 8 years for my mother-in-law and my brother-in-law and my father-in-law but all based on tourism/visiting grounds. I got extension all 5 times. Now that my mother-in-law wants to go back to india, but she just had a surgery and still in hospital and she needs to go to india next week. So we need to apply for extension.

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dano

05-05 10:58 AM

thanks!

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mpadapa

09-25 09:52 AM

I can see the renewed energy from tri-state folks on the forums, It will be great to talk to U folks.. Tri-state is kicking into another gear don't miss out..

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uma001

08-30 09:24 PM

How about this? Just give Green card for all the current H1 holders without any stage approvals....direct grene card ..:)

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