Friday, June 10, 2011

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  • vbkris77
    01-25 05:02 PM
    It is upto employer lawyer to help.. It is a bad remark on the company.. So approach your company and have them work with consulate..


    I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:

    Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.

    VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.

    They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.

    The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.

    Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.

    1. Do I need to send a mail to Consulate asking the specific reasons for denial?

    2. Do I need to write to the senator or some one about this?

    3. Do I need to consult an attorney about and re-request for a review of the petition?

    4. Do I need to ask the employer anything specific.

    I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.





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  • patiently_waiting
    06-17 06:09 PM
    Hi,

    My EB3 Priority date is Feb 2004. I have approved I-140 and have a copy of approval I-140
    notice. I have not filed 485. This is my 10th year in H1b visa.

    My H1B visa is ending in Nov 2010. Due to family situation, I am planning to go to
    India for 1 year, My employer may or may not apply for my H1B renewal.

    If my current employer cancels my approved I-140 & did not extend my H1b visa, Is it
    possible for me to port that approved I-140 priority date (Feb 2004) when I am filing Green card through some other employer in the EB2 or EB1 category in
    the future ?

    Any one, Please kindly give your suggestions.

    Thanks





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  • Student with no hopes
    04-21 07:41 AM
    This is hard to know, it is such a sad story.....I have sent this story to many of my friends... we will think of something to help





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  • getta05
    03-27 10:40 PM
    Oh no
    Im on a L2 visa.



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  • sparklinks
    04-10 08:34 AM
    Thanks buddy !





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  • number30
    04-10 10:40 AM
    First of all, thanks very much Prashanthi Reddy for answering questions. Could you help me out with this.

    I have I-140 approved with more than 180 days with I-485 pending.
    I still have valid H1.
    Can someone be with their sponsoring employer on H1 and start business on EAD part time.

    Once you start working for any employment othen the H1 sponsored company you will loose your H1 status.



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    anime wolves running. 15:48 Sun 4/27/2003
  • 15:48 Sun 4/27/2003



  • gc_seeker_2001
    01-29 09:48 PM
    My company has filed an AOS application on July 02 2007 using an approved EB3 I-140 (PD = Sep 2001). Then in Dec 2007, they have filed a EB2 I-140 using an approved EB2 PERM to convert the pending AOS apllication to EB2, hoping to port the priority date of pending AOS application to EB2 Sep 2001. EB2 priority dates were retrogressed after the EB2 I-140 was filed.

    I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.

    Appreciate your feedbacks on this.





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  • seeking_GC
    08-14 10:13 PM
    Take an infopass appointment or call USCIS customer service. However there is no guarantee that whatever they tell you is correct.:mad:


    I have recieved date july 17th 2007, Notice date sep 13th,recieved by R Williams.I have not got RFE till now, no 2nd finger printing notice. Should I go to USCIS and ask them to take a 2nd finger print.No clue that FBI Name check is cleared.WHAT TO DO?



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  • anime wolves pics. Give this cute wolf back paws



  • leoindiano
    04-04 04:56 PM
    Sunil,

    I also have 2 A numbers. I believe that is ok as per USCIS FAQ released sometime back. It said they had to release a new A number on i-485 apps coz they wanted process them quickly with too many apps coming at once, they didnt had time to match them.

    In your h1b renewal, take an expert attorney's suggestion.





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  • jsb
    01-07 01:03 PM
    The AP (which is a travel document) just allows you to enter the country (or like I mentioned before) to apply for permission to enter the US.
    The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.

    Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.

    At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.
    Once you have no valid H1 or L1, you technically are a foreigner without a visa. CBP, by law, can't admit anybody in without a visa, and hence the work-around of AP (which is an authorization to CBP to let you, a foreigner, in, in inspite of you not having a valid visa). One yr stamp by CBP is a workaround for another law for people who are admitted without a visa. Idea behind this is to determine what to do with you (person in the US without a visa) within that one year. AOS/EAD are other workarounds for managing govt inefficiency for those already in the country (but not for entry to the country). Complex maze of work-arounds !!



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  • Lacris
    08-09 10:46 PM
    there you go you said that but in a new thread again.........

    You're right, but I was trying to see if there's anything we can do so I don't have to in the future.





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  • kmk2002
    01-09 10:38 PM
    Thanks for the document.

    But I think it does not cover 140 & 485 related expenses or contracts tied to these application.






    Thats interesting...will this new law cover agreement signed before 2007?

    Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.

    http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf



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  • meridiani.planum
    03-14 12:33 AM
    I heard companies like TCS Wipro HCL (all desi outsourcing firms) have now started to again apply for H1B instead of L1...are they doing green cards too?

    Yes, some of them do.
    And depending on your luck/contacts/influence you might even extract an EB-1A out of them and get your GC in 6-9 months.





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  • 485Question
    11-21 12:23 PM
    Enjoy



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  • pappu
    10-24 01:41 PM
    It may be better to contact Judy Woodruff, who is driving this whole program at Yahoo. I remember seeing Judy as a former CNN anchor (quite a prominent one).

    Judy may be the link to other possibilities for IV.
    http://www.nndb.com/people/805/000050655/

    Pappu?
    Thank you for the effort and initiative. After seeing your post, i have been trying to find contact of Judy Woodruff and havnt had much luck yet.If I get her contact I can call/write regarding IV.





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  • javadeveloper
    10-21 10:54 PM
    140 APPROVED.

    In addition to the first RFE as above,i received one more RFE.In the second RFE they mentioned that education and experience satisfies labour,but wanted more documents from company to prove A2P.Company sent tax returns and got the approval in 6 days.Yet to receive the notice.


    Good luck to all waiting for approval.

    Congrats!!!Any Idea about minimum salary requirement for Eb2 position?



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  • rb_248
    09-05 03:33 PM
    Congratulations!

    Thanks. But, I am still not sure if I can start celebrating.





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  • beppenyc
    02-04 08:05 AM
    ALAN CHOATE AND TYLER PETERSON - Daily Herald
    Congress should move forward on immigration reform now that the U.S. House of Representatives has new leadership, Rep. Chris Cannon, R-Utah, said Friday.

    The issue has been stalled, Cannon said, because of a decision by former House majority leader Tom DeLay, the congressman from Texas who has become embroiled in campaign finance scandals.

    U.S. Rep. John Boehner of Ohio was picked to replace DeLay as majority leader on Thursday, and immigration legislation is high on his agenda, Cannon told Utah legislators.

    He said legislation for a guest worker program should emerge soon that could include requirements for English instruction and health insurance.

    "That should be done by, I hope, the end of April," Cannon said.

    His comments came in response to a question from state Sen. Howard Stephenson, R-Draper, who criticized Congress' "absolute failure" to provide a process for regulating immigrant labor. Cannon also expressed sympathy for the struggles of state legislators who must balance budgets even when the federal government cuts revenue -- for programs like Medicaid, for example -- that had been provided previously.

    "The pain of that is great," he said. "I would love to tell you we're never going to cut your budget again."

    His proposed solution is to reduce the size and authority of the federal government: "The best way to govern in America is to let the states do it," he said.

    Cannon made those comments on the Senate floor after answering three different questions from representatives on the House floor: How do we get the federal government out of our hair? When will federal government allow us to make more decisions on what we fund? and Why is federal government always overriding states' rights?

    Cannon said the solution is to keep the money within state budgets, because as long as federal government has it, they share accountability.

    He said the will in the U.S. House is to give states more discretion





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  • yabayaba
    08-18 09:34 PM
    My Wife got RFE on EAD, asking her to schedule an appointment for biometrics. There is no scuch thing that we could sehedule biometrics. We took an infopass appointment, USCIS officer she understood the issue and aimmediately gave an apponitment for biometrics.

    Inconsistent RFE are issued by USICS these days. Take infopass appointment, go to the field office with all the documents and hope they would help you.





    shrayus
    07-13 08:09 PM
    :)





    thechallenger
    09-21 09:23 PM
    if this Interpol thing is regarding 498a, there are cases where people have contacted people in Indian embassy and explained to them the situation and got their passports renewed as well.



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