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greenleaf81
10-31 09:21 PM
Hi,
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP.
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP.
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alterego
11-01 07:30 PM
Firstly to comment on the story, What the heck are they to do with a shrinking and aging population!
Anyway this just speaks to issues globally.
If we believe we are in a global economy...........and I do. Then these are relevant.
For Instance, an IT pro in India makes a lot of money compared to professionals in other fields there. Can anyone argue that this is not due to Globalization? In some areas and fields this situation will work in reverse.
We stand to gain by observing trends in other developed economies since it may be a harbinger of things to come here.
Protectionism in the rich world is growing, that is a fact and was only to be expected. We are reaching an inflection point here where if capitalists here want to continue this trend they have to also accept some unpalatable developments. This might include higher tax rates on property, investments and returns, higher risk threshold on overseas portfolio investment.........not just economic risk either (political and other risks are much higher in the developing world..........................for the naysayer Desi just think about the left successfully blocking the nuclear deal and Indira Gandhi's nationalization program). These will emerge in a democracy. It matters little what the position is on these issues by the elites or the 2 dominant parties in the US. A 3rd force will likely emerge if needed. Already we are seeing protectionists like Lou Dobbs, John Edwards gaining traction with their views. This article about the situation in the UK shows us the same there.
Change sometimes needs to be managed. I feel this is one of those situations. Immigration is good for the rich world. Especially our kind, highly skilled and entrepreneurial and linked to hyper growth economies of the future.
Lets hope our voice gets heard in after all this land of immigrants.
Anyway this just speaks to issues globally.
If we believe we are in a global economy...........and I do. Then these are relevant.
For Instance, an IT pro in India makes a lot of money compared to professionals in other fields there. Can anyone argue that this is not due to Globalization? In some areas and fields this situation will work in reverse.
We stand to gain by observing trends in other developed economies since it may be a harbinger of things to come here.
Protectionism in the rich world is growing, that is a fact and was only to be expected. We are reaching an inflection point here where if capitalists here want to continue this trend they have to also accept some unpalatable developments. This might include higher tax rates on property, investments and returns, higher risk threshold on overseas portfolio investment.........not just economic risk either (political and other risks are much higher in the developing world..........................for the naysayer Desi just think about the left successfully blocking the nuclear deal and Indira Gandhi's nationalization program). These will emerge in a democracy. It matters little what the position is on these issues by the elites or the 2 dominant parties in the US. A 3rd force will likely emerge if needed. Already we are seeing protectionists like Lou Dobbs, John Edwards gaining traction with their views. This article about the situation in the UK shows us the same there.
Change sometimes needs to be managed. I feel this is one of those situations. Immigration is good for the rich world. Especially our kind, highly skilled and entrepreneurial and linked to hyper growth economies of the future.
Lets hope our voice gets heard in after all this land of immigrants.
lostinbeta
10-21 01:19 AM
I actually agree with rev now.... I think the location of the text is what is making it look like there are too many empty spaces.... where if you offset the text it will be one big open space instead of a bunch of big ones.
I think that will make it look better.
I think that will make it look better.
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gconmymind
10-31 01:46 PM
Some of my friends have already received EADs without the FP.
I am still waiting for receipts - filed 13th August
I am still waiting for receipts - filed 13th August
more...
fromnaija
07-30 08:36 PM
Here is my situation:
My PD is Sept 2006, EB3 ROW and I have submitted I-485 for my son on July 2. Now I am aware that come October, PD will retrogress and mine may not be current for another 3 or 4 years. My son is now 20 and will become 21 in July of 2008.
My question is this:
If my PD does not become current until after my son turns 21, will his 485 be approved? Or since his 485 is already submitted before his 21st birthday he will eventually get his GC no matter whenever my PD becomes current?
I have been trying to find answers to these questions and will appreciate your input. Thank you.
My PD is Sept 2006, EB3 ROW and I have submitted I-485 for my son on July 2. Now I am aware that come October, PD will retrogress and mine may not be current for another 3 or 4 years. My son is now 20 and will become 21 in July of 2008.
My question is this:
If my PD does not become current until after my son turns 21, will his 485 be approved? Or since his 485 is already submitted before his 21st birthday he will eventually get his GC no matter whenever my PD becomes current?
I have been trying to find answers to these questions and will appreciate your input. Thank you.
thamizhan
07-18 10:51 AM
I think you missed the USCIS update. You can file till Aug 17th. So its the same amount of time one month from now.
I read some where that filing is allowed to Aug-17, but the new fees will effected on 01-Aug although July filers.
Correct me If I'm wrong.
I read some where that filing is allowed to Aug-17, but the new fees will effected on 01-Aug although July filers.
Correct me If I'm wrong.
more...
senthil
02-06 05:20 PM
all your points look ok to me. although it may differ for different prople.
in my case - i have an EAD. but cant use it. i had to stay on H1B to make my spouse's stay valid which is H4. i see the following as a comparision. guys pl feel free to throw ur inputs.
EAD
- ability to switch jobs as nessary - you decide
- AP to easy your life when you want to fly out and come back
( no hassle stamping tention etc, but comes with yearly price )
- of couse the important thing is your spouse can work
- need to stick with same designation
H1B:
- no hassles if you are within 6 year period. everything starts when its about to expire and you jump into GC train
[ you have to jump if you decide to stay more than 6 years. no option here, i guess ]
- same as EAD jumping jobs is easy, also can climb up the ladder
- if above 6 year limit and I-140 not approved, you get only yearly exentions
thanks.
in my case - i have an EAD. but cant use it. i had to stay on H1B to make my spouse's stay valid which is H4. i see the following as a comparision. guys pl feel free to throw ur inputs.
EAD
- ability to switch jobs as nessary - you decide
- AP to easy your life when you want to fly out and come back
( no hassle stamping tention etc, but comes with yearly price )
- of couse the important thing is your spouse can work
- need to stick with same designation
H1B:
- no hassles if you are within 6 year period. everything starts when its about to expire and you jump into GC train
[ you have to jump if you decide to stay more than 6 years. no option here, i guess ]
- same as EAD jumping jobs is easy, also can climb up the ladder
- if above 6 year limit and I-140 not approved, you get only yearly exentions
thanks.
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shortchanged
08-01 05:49 PM
I hope and pray that they take into consideration of the post mark date . Guys any one has an idea how late in night NSC will accept incoming mail.
NSC gets all the USPS mail only once in AM.Other carriers like fedex,UPS etc, I have seen receipt times until 3PM. may be they accept later too, but I have not seen it in these forum or elsewhere.
I know this for a fact because,my AOS sent on september 30,2005,(last day when PD was current for my country) reached at 17.59,by FedExsameday ($335.00! went waste) but they picked it up only on 10/3/05 the next working day.USCIS sent back my 485,but processed I140.
Tried sending it back with fedex tracking, congressmans letter,Tried thru Ombudsman, to no avail.They did not accept my proof of earlier INS notice of accepting Postmark of 4/30/2001 or earlier, for 245(i) petition for illegals.
So they will bend their rule for illegals, but don't for legals!
I wish they will consider post mark for you.You can never predict anything from USCIS,there is no rhyme or reason for whatever they do.
NSC gets all the USPS mail only once in AM.Other carriers like fedex,UPS etc, I have seen receipt times until 3PM. may be they accept later too, but I have not seen it in these forum or elsewhere.
I know this for a fact because,my AOS sent on september 30,2005,(last day when PD was current for my country) reached at 17.59,by FedExsameday ($335.00! went waste) but they picked it up only on 10/3/05 the next working day.USCIS sent back my 485,but processed I140.
Tried sending it back with fedex tracking, congressmans letter,Tried thru Ombudsman, to no avail.They did not accept my proof of earlier INS notice of accepting Postmark of 4/30/2001 or earlier, for 245(i) petition for illegals.
So they will bend their rule for illegals, but don't for legals!
I wish they will consider post mark for you.You can never predict anything from USCIS,there is no rhyme or reason for whatever they do.
more...
gsc999
09-12 07:21 PM
Let's redefine:
"laziness" = DOL
"stupidity" = USCIS
----
Please reconsider language of your posts and your bottom line too.
Most IV members may not subscribe to such harsh views
Thanks
"laziness" = DOL
"stupidity" = USCIS
----
Please reconsider language of your posts and your bottom line too.
Most IV members may not subscribe to such harsh views
Thanks
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Dipika
08-14 01:10 PM
Not sure what way they are going to approve cases.
But i noticed, All approved cases are clear, means no RFE in any stage.
But i noticed, All approved cases are clear, means no RFE in any stage.
more...
gc_dedo
03-30 04:42 PM
I am not really sure why this really makes a difference. My perm was approved in EB3 in about 7 months but if I have to wait 30 years to get a GC what difference does it make ?!?
It makes a difference for people who are porting from EB3 to EB2
It makes a difference for people who are porting from EB3 to EB2
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Macaca
07-11 06:28 PM
the bay area.
- SFSU
- SJSU
Most F1's are not realizing that they will NOT get GC without legislative changes. They need to be educated, if it is possible, about this FACT. I know that I, and most of my friends, would have been UNeducatable.
- SFSU
- SJSU
Most F1's are not realizing that they will NOT get GC without legislative changes. They need to be educated, if it is possible, about this FACT. I know that I, and most of my friends, would have been UNeducatable.
more...
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sad_angel
05-17 11:51 PM
i filed i-130 for my husband ( he is not in the u.s ) and it has been pending for 20 months . 2 months ago they sent the file to the local office in L.A and 20 days ago they transferred the file to the NBC . is this normal plz :( ????
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nogc_noproblem
04-24 10:51 AM
Is there any formal announcement from IV for letter / flower campaign? We left with very short time.
Thanks Arnab221 for posting the schedule. April 30th is the hearing date, and we know the members of this committee:
http://en.wikipedia.org/wiki/United_States_House_Committee_on_the_Judiciary
and the members of the sub-committee:
http://judiciary.house.gov/committeestructure.aspx?committee=4
What are we waiting for guys, lets start a letter campaign (to express our problems) OR flower campaign (to convey our thanks for looking into this important matter).
Thanks Arnab221 for posting the schedule. April 30th is the hearing date, and we know the members of this committee:
http://en.wikipedia.org/wiki/United_States_House_Committee_on_the_Judiciary
and the members of the sub-committee:
http://judiciary.house.gov/committeestructure.aspx?committee=4
What are we waiting for guys, lets start a letter campaign (to express our problems) OR flower campaign (to convey our thanks for looking into this important matter).
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edaltsis
07-23 07:14 AM
It's not consultant, you mean to say that you applied through an agent. Know that you are the consultant but not the company or anyone else.
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immilaw
09-27 09:00 AM
Hello,
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
Ask the lawyer to give you a copy of the RFE.
I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...
Ask the lawyer to give you a copy of the RFE.
more...
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bindas74
05-15 05:04 PM
To Bindas74,
Did the e-file process ask you to pay the biometric fee? I ask because my attorney informed me this afternoon that I do not need to pay a biometric fee, or send in a G-325A form, when sending in my EAD/AP renewal. Do please let me know if this is not the case.
On the Advance Parole justification, I would put in a note stating that I maintain close ties with my family in <country here> and travel frequently to see them. Additionally, state that you wish to travel abroad on vacation on multiple occasions through the year, and request them to grant you an Advance Parole for these reasons. This document request seems to be in lieu of the covering letter that's usually sent with an AP request. I'm sure they don't need you to send them ticket receipts.
Thanks,
Hi X-Wing,
Thanks for the response.
I dont think it asked me for the $80 biometric fee during the E-filing process. Someone else had answered to my quesiton on a different thread as well that I dont have to pay it.
I will make sure I put in the reasons you suggested for the AP in my documentation. Thanks again.
Another questions is that since I files EAD and AP concurrently, can I send both the documents in the same packet? ( I am guessing it's ok since the attorneys usually send everything in a single packet , right? )
-Thanks
Did the e-file process ask you to pay the biometric fee? I ask because my attorney informed me this afternoon that I do not need to pay a biometric fee, or send in a G-325A form, when sending in my EAD/AP renewal. Do please let me know if this is not the case.
On the Advance Parole justification, I would put in a note stating that I maintain close ties with my family in <country here> and travel frequently to see them. Additionally, state that you wish to travel abroad on vacation on multiple occasions through the year, and request them to grant you an Advance Parole for these reasons. This document request seems to be in lieu of the covering letter that's usually sent with an AP request. I'm sure they don't need you to send them ticket receipts.
Thanks,
Hi X-Wing,
Thanks for the response.
I dont think it asked me for the $80 biometric fee during the E-filing process. Someone else had answered to my quesiton on a different thread as well that I dont have to pay it.
I will make sure I put in the reasons you suggested for the AP in my documentation. Thanks again.
Another questions is that since I files EAD and AP concurrently, can I send both the documents in the same packet? ( I am guessing it's ok since the attorneys usually send everything in a single packet , right? )
-Thanks
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mjdup
03-01 06:14 PM
Quite obvious why the jobs get outsourced. Great !
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SunnySurya
08-21 02:24 PM
I am almost there and expecting green card approval anytime. But now I am having second thoughts now. The desi consulting company I work for had eight people a year ago and two of them now going back (and one more is negotiating) at salaries 20-35 lacs. Has anyone explored Indian job market, if yes then what is hot?
insbaby
09-22 10:15 AM
I was in a consulting field with employer taking 30% and me getting 70%.
He supposed to deduct $400 for medical insurance from my paycheck -biweekly, instead deduction was only $200. I never knew that.
My question is why not he acted immediately after knowing the error?
Why should I pay for somebody's mistake?
Things getting more critcal, since this is on your medical insurance. In small companies employer takes responsibility for employee only not for his family. You sign papers for your family if you want to go with the employer so you agree to pay $SSS towards the insurance, also you agree that it would be taken from your pay every month or every two weeks.
If they did not dedect the right amount, it may not be his responsibility, of course it is a account management mistake happens everywhere in small companies, sometimes insurance companies do this and collect from you after that.
If the amount he paid extra is in your SALARY PART, then your arguments are correct. It is his responsibility to make sure how much he should pay you.
You have to check with experts, whether this additional benefits are employer's responsibility.
As one suggested above, if your salary is almost equval or less than the amount, you can think of just leave it.
All you are missing is just two pay checks (1 month), it won't make much difference in your H1 transfer, assuming you have applied your H1 transfer earlier and you have already sent your pay checks to prove your employment.
Just go with a decision that benefits you without much trouble.
He supposed to deduct $400 for medical insurance from my paycheck -biweekly, instead deduction was only $200. I never knew that.
My question is why not he acted immediately after knowing the error?
Why should I pay for somebody's mistake?
Things getting more critcal, since this is on your medical insurance. In small companies employer takes responsibility for employee only not for his family. You sign papers for your family if you want to go with the employer so you agree to pay $SSS towards the insurance, also you agree that it would be taken from your pay every month or every two weeks.
If they did not dedect the right amount, it may not be his responsibility, of course it is a account management mistake happens everywhere in small companies, sometimes insurance companies do this and collect from you after that.
If the amount he paid extra is in your SALARY PART, then your arguments are correct. It is his responsibility to make sure how much he should pay you.
You have to check with experts, whether this additional benefits are employer's responsibility.
As one suggested above, if your salary is almost equval or less than the amount, you can think of just leave it.
All you are missing is just two pay checks (1 month), it won't make much difference in your H1 transfer, assuming you have applied your H1 transfer earlier and you have already sent your pay checks to prove your employment.
Just go with a decision that benefits you without much trouble.
miguy
03-16 08:37 AM
guys I am in a similar boat....unfortunately, my wife did not get matched this year because we were only trying for programs that sponsor H1....We have heard bad stories about J1.....but in that process she missed getting a residency spot this year......do you guys mind sharing which hospitals your wives are doing their residency at?.....any suggestions for us?....do they know of any open positions?
thanks
thanks
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