bradley emmanuel

Thanks Tampacoolie...I don't know how I have to persuade my lawyer/representative...guess have to deal with him carefully and politely...they think that we are the lawyers and we know everything..ofcourse may be ...sometimes esp at this point, we have to notify...if we miss this opportunity, no way to appeal also..and u never know when PDs will be current again....

Anyhow thanks guyz for ur suggestions...

I faxed expedite processing request on last Tuesday and sent email to Ombudsman.

there was soft LUD on same day (address change) on my 485 & EAD & AP. Today status changed to card ordered for production. what a relief!!!!!!!!!
but any thing can happen till it comes to my hand


Here is the fax number for NSC 4022196344


I have infopass appointment on 24th. Should I go or cancel that appointment now ???

Context is very important here. IRS has its own rules, USCIS has got its own and then universities have their own set of rules. I have had a lot of fight with university to get in-state tution fee on H-4 visa. So please explain your context and I can shed some more light on this topic (based on my own experience).

Can you tell me more about your fight with universities in getting an instate tuition under H-4? My son have been a CA resident for the past 7 years and has studied in CA schools. Doesn't this qualify him for an in-state tuition? What documents does he need to present to the university to show that he is qualified?

I would say you have to mention it during the interview if asked. Discuss with your attorney.

Aati Nahin, Aati Nahin, Saamne hai tu magar Aati Nahin.:D

As per H1B you cannot do this.. the second job will be illegal

Mr Saxena

Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.

Now on to the OP :-

YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
It would be a seperate case.

It should not have any effect on your current H1 or 140.

I read a stupid thing in one of the thread
"I-140 will not be approved until PD is current" ,
Is this true?

My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.

2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr

Never changed employers nor job titles.

My concerns and questions below:

Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.

Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?

Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.

Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?

Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?

Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?

Thanks.

which service center?

Send email or call your consulate in India. They will either be able to update it or let you know what to do. You should be able to correct by hand when you go for the interview.

"There are tons of skilled LEGAL immigrants from India/China waiting to buy houses with 20% down payment but wont because our immigration system have yet to process their green cards. Reform immigration & it will eventually improve the housing market."

Got it in with 1 character to spare :D

Please vote on this guys!!

This is like giving them a small window to file within 10 days in the old rate other wise....pay the big chunk.

Good tactics....it will be difficult for the people who do not have any medical appointments and other documents that need to come from other countries !!

NSC people have gotten 3 copies. but I think both TSC and CSC people have gotten only 2 copies. There is no need to worry I guess.

I just have 2 copies of AP.....should I have gotten 3????.
Please advise

I went to border and security deffered inspection site at Raliegh NC from this url

http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf.

The Immigration Officer said to me I 94 can be given only till visa date.He said that you can stay as long as you want in US as you have 797 valid after your H1 stamp date.He said everything is fine not to worry.What shall i do now? I am confused.Can some one point me to site or link on USCIS which states this law.Can some attorneys point this link.

Not really .... My brother worked in India for 3 years and worked here in US for 5 years before moving back to India and he is earning good too.

Salary for any job depends on lot of factors. How one negotiates is a key factor.


_________________
Not a legal advice.

I am skeptical about these high salaries. Companies have range for each position. good negotiation may get you the higher end but you can not go from 25L to 45L by negotiating.

The media there (and ppl too) like to talk about high salaries. This facebook article shows ppl obsession on the topic and a whole article about one studen't offer is ridiculous and vulgar in a way .

Yes, absolutely.

Hi Attorney Aruben,

Legally if a person has a valid h1 approval and a valid h1 stamp on his passport and is getting paid and has all pay stubs , does an IO sitting at POE have any right to send back the person ?

This also applies to the same situation wherein, the question posters m-in-law has valid documents and is coming back on visitor visa - provided she carries all her docs , does the IE have legal rights to send back the person at POE.

If IO does not allow the person at POE wat rights as a visitor / non immigrant (h1b) / immigrant (EAD) has and what should one do at POE if we are not allowed in.

We really appreciate your time and effort for replying to our questions on this forum.

Thanks.

The Last I heard they had 40K unused numbers(Ombudsman report). Some lucky few with much newer priorities might get through if USCIS tries to clear these numbers fast by end of FY'07. I do not believe they really have time to sort out by priority date if sep'30 is the date they need to get 40K approvals through.

Besides ombudsman report says they attack the no-brainer applications first which take a few mins to finish and push the harder ones for later revisit, so they can score better on their performance reviews. I am not sure what qualifies as easy application though??

The first thing for 485 approval is that your PD is current. If you PD is not current but the processing is complete because of the pre-adjucation , you still will not get 485 approval aka GC

But if you PD is current, that whoever has there process (name check, biometrics et al) complete, they would get their GC before ppl with older PD if they are are still in processing queue.

Offcourse there is another thing that comes in to play and that is the per country quota :eek:

EB-3 India Feb-2005
Waiting to apply I-485

http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_07-10-06.pdf



Frequently Asked Questions on Non-Receipt of 45-Day Letters and on the Process for Addressing Related Requests to Reopen
The Office of Foreign Labor Certification (OFLC) is aware that some employers or their legal representatives who have received �case closed� letters may not have previously received a �45-day� Center Receipt Notification Letter (�45-day letter�) from the Backlog Elimination Center (BEC) processing their respective cases. In additional instances, cases may have been closed after employers or their representatives responded timely to a 45-day letter.
In the backlog, once the vital information in an application is fully entered into the OFLC database, a 45-day letter is the precursor to further processing of that application; the letter functions both as notice to the employer that its application has come up for full processing in the queue, and as a request for confirmation from the employer or its representative that the employer wishes to continue with the case. In cases where the letter attaches a list of corrections or deficiencies in the application, an employer must correct or address these before processing can continue. When a BEC does not receive a response to its 45-day letter, or this response is incomplete in responding to corrections, it closes the case
The process and remedy described below are available to employers who believe a case has been closed due to issues surrounding the receipt of or response to 45-day letters, including:
o Employers who did not receive a 45-day letter after one was issued by a Backlog Elimination Center (BEC); and
o Employers who believe a case was closed after a timely and complete response to a 45-day letter. This includes employers advised of closure through either a case closure letter or a screenshot.
This process is not available for applications closed on grounds unrelated to nonreceipt
of or timely response to a 45-day letter, including applications withdrawn by an employer or its representative; applications for which the response to the 45-day letter was untimely or insufficient; or cases closed for late or insufficient response to any other correspondence or requests other than a 45-day letter. This process is also not an appropriate mechanism for employers, legal representatives, or workers named on an application to inquire about case status or issues not related to case closure. Under any of these additional circumstances, individuals are asked to make use of the more appropriate processes and remedies already in existence at the BECs.
What should I do if I received a �case closed� letter but no 45-day Center Receipt Notification Letter? What if I responded timely to a 45-day letter but my case was subsequently closed? How can I notify the Backlog Elimination Center that I believe my case was erroneously closed and request the Center to reopen the case?
Employers who believe one or more of their cases has been closed for reasons covered by this FAQ, and who wish to request those cases be reopened, must take the following steps:
1.
E-mail the BEC where the closed cased was pending, the Dallas BEC at reopenrequest@dal.dflc.us or the Philadelphia BEC at reopenrequest@phi.dflc.us.
2.
The subject line of the e-mail should read �Request to Reopen�.
3.
Please limit each e-mail request to one application or case number; the nature of the process developed to respond to these requests limits to one the case numbers that can be addressed as a result of any inquiry. Employers with requests for multiple reopenings may submit as many e-mails as appropriate.
4.
The body of the e-mail must include the following information, to allow the BEC to locate, reopen, and prepare to resume processing the appropriate case:
�
Name of employer and correct current address.
�
Correct ETA case number, not a case number from a state workforce agency; alternatively, the e-mail should explain why an ETA case number cannot be provided.
�
Correct current contact information for the employer�s attorney or agent (including name, address, and e-mail address).
�
Name of the alien named on the application.
The body of the e-mail must describe the reason(s) for the request, that is, why the employer believes the case was closed improperly, such as
o �I am the employer/attorney on the application described below. I did not receive a 45-day letter but subsequently received a case closure letter.�
o �I am the employer/attorney on the application described below. I received neither a 45-day letter nor a case closure letter, but the H-1B mailbox indicates my case has been closed.�
o �I am the employer/attorney on the application described below. I received and responded timely to a 45-day letter but subsequently received a case closure letter.�
What can I expect in response to my request to reopen?
Upon each Center�s receipt of the employer or representative�s e-mail request, the Center will issue a standardized, automated electronic notification that the Center has received the request. Response time will vary, depending on volume
of requests received through this electronic mailbox. The employer will receive a second e-mail informing them of the BEC�s determination to either reopen the case or keep the case closed. If the employer�s request is approved and the case reopened, this second e-mail will include a screenshot of the employer�s case reflecting the case is active. If an application is incomplete, the second e-mail will also include the 45-day letter originally sent to the employer and a corrections list. Employers and their representatives will not be receiving a separate 45-day letter or corrections letter by mail, and should treat these documents as requests for action.
Employers should review the screenshot to ensure the BEC has reopened the correct case. If the screenshot shows the appropriate application, the employer will be able to confirm that its case is open and being processed because the �case status� section will not say �closed�, but rather another phase of the process.
How do I respond to the second e-mail from the BEC, containing the screenshot and other information if relevant?
The BEC will treat the employer�s original electronic request to reopen as the equivalent of a confirmation (in response to a 45-day letter) that the employer wishes to continue processing of a case and, if no additional changes or information are needed, will continue processing the case in the appropriate order.
If an application was deemed incomplete at the time the BEC issued the original 45-day letter, and the attachments to the electronic response to the employer includes a corrections letter requests the curing of deficiencies, or any additional information, then � as with any 45-day letter � the employer or its representative must provide the additional information within 45 days to prevent further delays or re-closure of the application. Employers must submit such responses in hard copy, through the mail.
May I contact the BECs by regular mail instead of email?
No, the request to re-open a case must come into the centers electronically.
Who may make the request to re-open a case if we believe it was improperly closed?
Only the employer or attorney of record may make the request to re-open a case. A request from an alien will not be addressed.
Do I have to submit my request to re-open a case within a certain time period?
Yes, to be considered for reopening, all requests must be received by a BEC within 30 days of the publication of the policy announcement or within 30-days of the receipt of a case closed letter, whichever is later.
To whom will responses be sent?
The email responses will only be sent to the employer or attorney who initiated the request.
What do I do if I have not received a �45-day� letter by July 21, 2006?
If an employer does not receive a �45-day� letter by July 21, 2006, email the appropriate Backlog Elimination Center at nobeccontact@dal.dflc.us for the Dallas BEC or nobeccontact@phi.dflc.us for the Philadelphia BEC. The email must contain the following information:
A. Attorney name and address
B. Employer�s name and address
C. Alien�s name and address
D. Priority Date
E. State or Regional location and/or number where case was originally filed
OFLC will publish its policy regarding such cases under separate cover.

How about this?

If a company located outside of united states, it cannot apply for more than 300 H1B's? I heard WIPRO and INFOSYS applied 6000 each this year

Another group with help of IV, to suck the blood by sponsoring H1s...

Believe me , at least 80% of this so called enterpreneurs will end up like present H1/desi employers/blood sucking companies

Of course 20% will be real good with clean intentions.

I bet...As i saw so many people in the same manner.

My close friends got GC and now sucking people with H1s , after just registering LLC with state secretary by paying 100$ reg fees and filing few H1s with INS

My lawyer did receive the RFE for new H1 application.

Since we did not mention whether embassy case or consulate case, they have asked to prove my legal immigrant status while filing the new H1. The reason, we did not chose the above option as I wanted to avoid consulate case & avoid traveling outside the country.

But, since now we have no choice but to chose consulate case, I was wondering if you all could guide whether to choose Home country or Third country (Canada or Mexico).

I personally want to go to neighboring country instead of home country as that would save lot of time.

Can somebody please provide with pros & cons to get it stamped from Home Country V/S third country.

Also,

1) what are the chances of stamping of approved H1 being denied in Home Country V/S Third Country.

2) In worst scenario, how many days can they make us wait outside USA before they approve or disapprove?

3) What are the chances of them disapproving my case?

4) Am I allowed to take my U.S citizen kids along with me to the consulate?

5) Which consulate is a safer option in terms of stamping my approved H1 & port of Entry.
Canada - port of Entry thru road.
Mexico
India - Port of Entry in NJ or NY or Atlanta or Boston

Also, would highly appreciate if people could post their experiences of recent H1 stamping along with the location of consulate.

Advices from the expert lawyers, senior & junior members is appreciated.

Thanx in Advance

Legal immigration IS all about competitiveness. Why there is an EB based immigration category at all? It's primary because they want to be able retain talent. As such, one of the strong argument for the current EB situation will be that if they do not do it, this country's competitiveness edge will diminish. This is the truth and I think most law maker is able to understand that.

remember that PACE bill is not primarily about legal immigration .. it is about US S&T competitiveness .. what is to say that the anti-immigration guys wont make the pitch that immigration issues should be kept out of such a bill, as they did with S1932 ? Agreed PACE act in its current form is favorable to us, but there is no gaurantee all our provisions will go through unopposed ... rest assured the likes of numbersUSA are as busy as we are.