jkamel5
07-10 06:59 PM
Hi,
Thanks for your advice. I believe that my employer has no problem to write me a recommendation letter or sign support letter.
Do you believe I have a chance or not ? which one?
Thanks,
John
Your profile does not sound enough for either EB1-OR (aka EB1-B aka EB1-2) or EB2-NIW. As pointed out before, if your employer is unwilling to "sponsor" you (i.e., not willing to sign a support letter), then you can go only with either EB1-EA or EB2-NIW. All other categories, including EB1-OR require sponsorship from the employer. In general, the lowest non-retrogressed preference level is the best bet. If you were born in Egypt, then that is EB2 (standard EB2 sponsored by your employer). For people who were born in India and (mainland) China, it is EB1.
Thanks for your advice. I believe that my employer has no problem to write me a recommendation letter or sign support letter.
Do you believe I have a chance or not ? which one?
Thanks,
John
Your profile does not sound enough for either EB1-OR (aka EB1-B aka EB1-2) or EB2-NIW. As pointed out before, if your employer is unwilling to "sponsor" you (i.e., not willing to sign a support letter), then you can go only with either EB1-EA or EB2-NIW. All other categories, including EB1-OR require sponsorship from the employer. In general, the lowest non-retrogressed preference level is the best bet. If you were born in Egypt, then that is EB2 (standard EB2 sponsored by your employer). For people who were born in India and (mainland) China, it is EB1.
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ganguteli
02-05 10:13 PM
I would not wait until April to be told by HR, Sorry we cannot do it or we will do it at our own pace. I mean, what is so difficult for HR or attorney to decide in filing your Perm? Do they need to do meetings about you everyday for 2 months to decide if they need to file for you?
Is that how corporates work? Imagine if you are given a project and you tell them to come back and talk after 2 months. Dude your end of H1B countdown has already started and you need to act even if you have a buffer time. I have also heard that if a company has layoffs, the company cannot do PERM for 6 months. So what if some layoffs happen until April? You maybe in a soup.
I suggest you take a hard look and do what is in your best interest. Put your own interest over all interest.
To know about contributions, you can click the second last link on top right. It is a small amount everyone tries to donate to IV so that we can continue to sustain this non-profit organization.
Is that how corporates work? Imagine if you are given a project and you tell them to come back and talk after 2 months. Dude your end of H1B countdown has already started and you need to act even if you have a buffer time. I have also heard that if a company has layoffs, the company cannot do PERM for 6 months. So what if some layoffs happen until April? You maybe in a soup.
I suggest you take a hard look and do what is in your best interest. Put your own interest over all interest.
To know about contributions, you can click the second last link on top right. It is a small amount everyone tries to donate to IV so that we can continue to sustain this non-profit organization.
yabadaba
06-19 09:26 PM
as usual no email from GA chapter.
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GCKaMaara
04-07 12:59 PM
Thank you.
I really see useless threads a ton here, some of them are opened by these guys. They might be helping this organization by donating some money , that does not mean they can dictate terms. I will say these guys motives will not help any one.
I would consider this type of threads and discussions worth only if they are created by regular members.
I don't like someone create a new handle come here and post something without filling profile, start arguing with other members and run away when isolated.
The best way to deal with these guys are to avoid them.
I really see useless threads a ton here, some of them are opened by these guys. They might be helping this organization by donating some money , that does not mean they can dictate terms. I will say these guys motives will not help any one.
I would consider this type of threads and discussions worth only if they are created by regular members.
I don't like someone create a new handle come here and post something without filling profile, start arguing with other members and run away when isolated.
The best way to deal with these guys are to avoid them.
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GC7279
05-30 10:18 PM
hi gcnirvana,
i was there in that situation. it was scary.
1. firstentry to usa i got i-94 until: nov 2002
2. extention i-797: nov 2002 to nov 2005. i sent for visastamping in usa june 2003 but mistakenly they gave visa until nov 2004. i went to india and came back to usa on mar 2004. at POE officer gave me I-94 until nov 2004 though my i-797 till nov 2005. i told to my company about my i-94 is expiring 1 year before than my i-797. they have half knowledge and they say it is fine since i have i-797 until nov 2005. i also felt that is reasonable and take it easy.
one fine day(april 2005) i was going through forum then i realised the most recent I-94 is valid than any other document but by the time i realised it, my I-94 expired on nov 2004. i called Murthy she said i am out status because my i-94 expired though my I-797 valid until nov 2005.
she suggested me to go to nearest POE and tell them they gave you wrong expire date and show them I-797.
I went to Minneapolis airport spoke to CBP officer he checked my i-797 and corrected my i I-94 to NOv 2005.
after that i got 2 more I-797s.
i suggest you to go nearest internation airport and contact CBP officer. tell them that they gave you wrong i-94 expire date and show new i-797
i was there in that situation. it was scary.
1. firstentry to usa i got i-94 until: nov 2002
2. extention i-797: nov 2002 to nov 2005. i sent for visastamping in usa june 2003 but mistakenly they gave visa until nov 2004. i went to india and came back to usa on mar 2004. at POE officer gave me I-94 until nov 2004 though my i-797 till nov 2005. i told to my company about my i-94 is expiring 1 year before than my i-797. they have half knowledge and they say it is fine since i have i-797 until nov 2005. i also felt that is reasonable and take it easy.
one fine day(april 2005) i was going through forum then i realised the most recent I-94 is valid than any other document but by the time i realised it, my I-94 expired on nov 2004. i called Murthy she said i am out status because my i-94 expired though my I-797 valid until nov 2005.
she suggested me to go to nearest POE and tell them they gave you wrong expire date and show them I-797.
I went to Minneapolis airport spoke to CBP officer he checked my i-797 and corrected my i I-94 to NOv 2005.
after that i got 2 more I-797s.
i suggest you to go nearest internation airport and contact CBP officer. tell them that they gave you wrong i-94 expire date and show new i-797
walking_dude
11-24 05:33 PM
Let bygones be bygones. No point in beating the dead horse. Nothing will be achieved by opening old wounds.
Let us be united from now on for all our sakes ( both Eb2 and Eb3)
Agreed but this should be from both the side.
Most of us talk about unity till it suits us ( and i dont mean walking_dude, i am aware of the great service has done, including the fight to ammend the drivers license issue).
Let us be united from now on for all our sakes ( both Eb2 and Eb3)
Agreed but this should be from both the side.
Most of us talk about unity till it suits us ( and i dont mean walking_dude, i am aware of the great service has done, including the fight to ammend the drivers license issue).
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nowhereman
01-30 11:01 PM
Hi All,
I would really appreciate everyone's honest opinions on this matter.
We filed 140 and 485 concurrently in July 2007, EB3. As of now there is no word on either application. Previously we had also obtained Canadian PR, the 3 year grace period of which will expire this August.
Not only am I faced with a decision of staying in the US or going to Canada, but my future career is on the line too. This year I will be 23. After taking my undergrad degree in electrical engineering, I have been accepted into Boston University Law School in the US as well as the University of British Columbia Faculty of Law in Canada. Canadian lawyers make around half as much as American ones after all factors are considered.
In your opinion, should I stay in the US, going to law school, in hopes that the green card will come through, or should I pursue a new life in Canada, but take the lower future salary / international renown?
This issue is currently causing much discord in my family. I hope to hear your frank opinion so that I won't take my decision lightly.
Many Thanks! :)
I would really appreciate everyone's honest opinions on this matter.
We filed 140 and 485 concurrently in July 2007, EB3. As of now there is no word on either application. Previously we had also obtained Canadian PR, the 3 year grace period of which will expire this August.
Not only am I faced with a decision of staying in the US or going to Canada, but my future career is on the line too. This year I will be 23. After taking my undergrad degree in electrical engineering, I have been accepted into Boston University Law School in the US as well as the University of British Columbia Faculty of Law in Canada. Canadian lawyers make around half as much as American ones after all factors are considered.
In your opinion, should I stay in the US, going to law school, in hopes that the green card will come through, or should I pursue a new life in Canada, but take the lower future salary / international renown?
This issue is currently causing much discord in my family. I hope to hear your frank opinion so that I won't take my decision lightly.
Many Thanks! :)
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irock
09-25 05:49 PM
Deleted.
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WeShallOvercome
09-21 12:20 PM
EAD card production email for my wife received yesterday 9/20.
I did not apply for EAD for myself.
I'm a 'NSC only' case
EB2, India PD : 12/2003
I-485, EAD/AP RD :7/2/2007
I did not apply for EAD for myself.
I'm a 'NSC only' case
EB2, India PD : 12/2003
I-485, EAD/AP RD :7/2/2007
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snram4
01-18 02:48 PM
Useful info from Murthy.com
If anyone faces similar situation they should try to withdraw to avoid 5 year ban
The Murthy Law Firm has received several reports and learned of instances in which H1B employees were sent back home to India after the Christmas / New Year holiday from various airports, particularly Newark, NJ, and JFK in New York, NY. We at the Murthy Law Firm will be contacting both AILA national and the CBP office in Newark and New York. Our effort is to gain clarification and determine the basis for sending H1B employees back to India (or other home countries), and, if this is due to an error of judgment or law, we will seek a reversal of this recent, alarming trend. In addition, a related January 8, 2010 memorandum from the USCIS analyzes the definition of "employer" and "employee" particularly for H1B employees working at third-party client sites. While these two actions may not be related, both demonstrate the current level of government scrutiny of the H1B program. Hence, each employer and employee should operate by strictly following the H1B program requirements.
�MurthyDotCom
We will need to review the events and the USCIS's evolving definitions of relevant laws to determine short, intermediate, as well as long-term lawful solutions to deal with this issue. If an H1B employee accepts expedited removal / deportation (with the government paying the cost of the airline ticket) from the CBP officer, removal may result in a minimum 5-year bar on reentering the United States. If an H1B employee indicates to the CBP officer at the airport that s/he is requesting a withdrawal to enter the United States (and return home on the next flight at one's own expense), s/he is able to apply for a new H1B visa stamp either with the same or a new H1B employer and reenter the U.S. within a few days / weeks.
�MurthyDotCom
We at the Murthy Law Firm will continue to share useful information that we believe will help you to plan your travel or when you change H1B employers.
Things are getting worse in 2010... I hoped it would get better...
If anyone faces similar situation they should try to withdraw to avoid 5 year ban
The Murthy Law Firm has received several reports and learned of instances in which H1B employees were sent back home to India after the Christmas / New Year holiday from various airports, particularly Newark, NJ, and JFK in New York, NY. We at the Murthy Law Firm will be contacting both AILA national and the CBP office in Newark and New York. Our effort is to gain clarification and determine the basis for sending H1B employees back to India (or other home countries), and, if this is due to an error of judgment or law, we will seek a reversal of this recent, alarming trend. In addition, a related January 8, 2010 memorandum from the USCIS analyzes the definition of "employer" and "employee" particularly for H1B employees working at third-party client sites. While these two actions may not be related, both demonstrate the current level of government scrutiny of the H1B program. Hence, each employer and employee should operate by strictly following the H1B program requirements.
�MurthyDotCom
We will need to review the events and the USCIS's evolving definitions of relevant laws to determine short, intermediate, as well as long-term lawful solutions to deal with this issue. If an H1B employee accepts expedited removal / deportation (with the government paying the cost of the airline ticket) from the CBP officer, removal may result in a minimum 5-year bar on reentering the United States. If an H1B employee indicates to the CBP officer at the airport that s/he is requesting a withdrawal to enter the United States (and return home on the next flight at one's own expense), s/he is able to apply for a new H1B visa stamp either with the same or a new H1B employer and reenter the U.S. within a few days / weeks.
�MurthyDotCom
We at the Murthy Law Firm will continue to share useful information that we believe will help you to plan your travel or when you change H1B employers.
Things are getting worse in 2010... I hoped it would get better...
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breddy2000
02-02 09:24 AM
We applied for H1B transfer on Jan/02/09 (California Service Center - Premimum) and attached pay stub and employement offer letter. First time we did not attach any contract details.
We got an RFE on Jan/09/09, Basically they wanted to know whether i am working on project currently. They are asking to submit contract agreements, client details (client letter - not sure it is must or not).
There are 2 layers between client and my employer and could not get client letter. However, I can provide the following docs,
1. Contract Agreement Between Employer and First Layer
2. Contract Agreement Between First and Primary Vendor
3. Letter from Primary Vendor (stating that i am working their client project).
4. Primary Vendor Invoices to Client
5. Time Sheet (Client approval)
6. Access Card
7. Work site Photo
8. Copy of Client WO (end date is 11/21/2008) - client with PO amount and end date is doest not matter... (i am not sure how is uscis will take it).
I could not able to client letter due to their policy. What do you guys think on this case approval. Any reply is highly appriciated..
thanks
I think first 4 should be enough to respond to the RFE.
1. Contract Agreement Between Employer and First Layer
2. Contract Agreement Between First and Primary Vendor
3. Letter from Primary Vendor (stating that i am working their client project).
4. Primary Vendor Invoices to Client
You just need to prove that you worked for that particular client during your H1 period.
Even though asked for it, I did not provide any contract details between Primary Vendor and Client and it was mentioned by my attorney that they do not have such policies.
Not sure whether you have an attorney or not, but make sure you go through them
Hope this helps
We got an RFE on Jan/09/09, Basically they wanted to know whether i am working on project currently. They are asking to submit contract agreements, client details (client letter - not sure it is must or not).
There are 2 layers between client and my employer and could not get client letter. However, I can provide the following docs,
1. Contract Agreement Between Employer and First Layer
2. Contract Agreement Between First and Primary Vendor
3. Letter from Primary Vendor (stating that i am working their client project).
4. Primary Vendor Invoices to Client
5. Time Sheet (Client approval)
6. Access Card
7. Work site Photo
8. Copy of Client WO (end date is 11/21/2008) - client with PO amount and end date is doest not matter... (i am not sure how is uscis will take it).
I could not able to client letter due to their policy. What do you guys think on this case approval. Any reply is highly appriciated..
thanks
I think first 4 should be enough to respond to the RFE.
1. Contract Agreement Between Employer and First Layer
2. Contract Agreement Between First and Primary Vendor
3. Letter from Primary Vendor (stating that i am working their client project).
4. Primary Vendor Invoices to Client
You just need to prove that you worked for that particular client during your H1 period.
Even though asked for it, I did not provide any contract details between Primary Vendor and Client and it was mentioned by my attorney that they do not have such policies.
Not sure whether you have an attorney or not, but make sure you go through them
Hope this helps
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485_se_dukhi
09-19 07:29 AM
I was very impressed by the guy who sang the national anthem...who was he?? He was too good!!
And for all of Logiclife's detractors, you should have heard him speak yesterday!:) He is simply 3 good!:) he could have energized you, motivated you and prompted you to do more for our cause, by the way he spoke and what he spoke.
We're still talking about it at home and how good both of us felt to be a part of this movement. Can't wait to see more pix and videos!:)
And for all of Logiclife's detractors, you should have heard him speak yesterday!:) He is simply 3 good!:) he could have energized you, motivated you and prompted you to do more for our cause, by the way he spoke and what he spoke.
We're still talking about it at home and how good both of us felt to be a part of this movement. Can't wait to see more pix and videos!:)
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jindhal
01-14 02:05 PM
No halt at JFK..starting 1. nov 2008.
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bsbawa10
01-06 02:34 PM
Last year I had already filed for married filing jointly before stimulus check thing was in discussion. From what I understand once you file married filing jointly you cannot amend to married filing separately. You can amend otherwise.
Anyhow this year if I do my taxes separately I end up owing to IRS. Does anyone know where to look for info for amendment?
Thanks
How funny and no brainer this is ? We can give taxes (thousands and thousands of dollars) and no body says , "since your wife is not having SSN, you do not have to pay taxes". But while giving back tax rebates of $1200 to $1800 or so , they say, so.
Anyhow this year if I do my taxes separately I end up owing to IRS. Does anyone know where to look for info for amendment?
Thanks
How funny and no brainer this is ? We can give taxes (thousands and thousands of dollars) and no body says , "since your wife is not having SSN, you do not have to pay taxes". But while giving back tax rebates of $1200 to $1800 or so , they say, so.
more...
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gc_chahiye
12-09 04:02 PM
... Was your MS Certification in your country of birth or in USA? And if it is not in uSA did you get it evaluated in USA and have submitted evaluation cert copy along with your application?
all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.
See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.
Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.
all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.
See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.
Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.
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nfinity
09-09 09:17 AM
Count me in
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Munna Bhai
10-16 04:22 PM
Unless you can play some smart games using an attorney, you cannot use an EAD to change job classifications as long as you are the primary applicant.
Wrong,you can use EAD for any job but when it comes to GC interview, you need to show that you have a job waiting based on LC.
Wrong,you can use EAD for any job but when it comes to GC interview, you need to show that you have a job waiting based on LC.
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mhtanim
10-06 06:51 PM
That's just it; isn't it. I'm here legally paying taxes, immigration and all that other good stuff. This last year many illegals who filed 2006 taxes and were awaiting refunds did not get the refunds due to their immigration status! Many things are on the change and when 4 of you are on TIN#'s it is easy to get pulled. What they audited us for was stupid totally illogical! Prove we were married, that the kids lived with us and we lived together in same house. That was it. Why would you file jointly if you did not live together in the first place. IRS office confirmed, then 2nd one re-confirmed it was flagged by INS and it wasn't even hidden well. So, that was August and we filed 07/05 the audit was for 2005 returns. They have all paperwork, but haven't heard anything back yet. That is a good thing too. I crammed every bit of evidence I could into that sealed file before sending it off. The officer who confirmed receipt of it was laughing harder with each turn of the 50 odd documents of proof that I had sent. She said I don't think we can deny that you live together and the kids live with you!!! Please don't worry about it. You should receive a letter in about 30 to 40 days with the outcome.
That is it and I shall wait for the letter to arrive signing it off.
Cheers,
LRIndy.
Working in the accounting/financial industry, I have to deal with the IRS time to time. From my experience, I can tell you that IRS care about their customers and if you say something, they will actually listen to you. Their customer service is actually pretty helpful.
After all you have provided them, if they still cause you more trouble, hire a local CPA and the CPA will work with you to resolve any issues with the IRS. CPAs are usually less expensive than lawyers.
Hearing your case, it sounds to me that your's was just a random case. I don't think they will bother you anymore. Good luck.
That is it and I shall wait for the letter to arrive signing it off.
Cheers,
LRIndy.
Working in the accounting/financial industry, I have to deal with the IRS time to time. From my experience, I can tell you that IRS care about their customers and if you say something, they will actually listen to you. Their customer service is actually pretty helpful.
After all you have provided them, if they still cause you more trouble, hire a local CPA and the CPA will work with you to resolve any issues with the IRS. CPAs are usually less expensive than lawyers.
Hearing your case, it sounds to me that your's was just a random case. I don't think they will bother you anymore. Good luck.
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GIDOC
07-12 01:05 PM
In my opinion the USCIS did this to get the 485 cases to be filed after July 30 when their new fee schedule kicks in. They have just created a mess.
jhegde
02-28 03:27 PM
Proud of you guys who are in DC. No doubt, we have an excellent Team today. Those who are reading silently, ask yourself a question today. Is this the way you want to live by saving those pennies? If not for others, do it for yourself; come forward and contribute. IV is short of funds; If not IV who will fight for your own cause?
bkam
04-09 05:25 PM
I am not of Indian origin but I participate in this forum, contribute and support the basic goals of IV. I do that because I feel that these people are doing the right thing which would benefit all "legals". The more "other legals" join the IV, the better... and nobody stops them... And if some of the "other legals" desire to join the core team and to share time and energy for this couse I am sure he/she would be accepted and his/her efforts appreciated. Let's not just criticise the lack of diversity but do something in this regard. Reality is that Indians got together and started this fight.
And note - I personally do not believe too much that we will achieve our goals in relatively short time and I have my "plan B". But I believe that it worth trying, therefore I support. Several hundreds dollars wasted and some time spent in this forum is not too much for such cause and may turn to be a "profitable investment" (visa-wise) :-) Let's appreciate what the Indians are doing and help their noble fight with some dollars and time - everyone will benefit...
And note - I personally do not believe too much that we will achieve our goals in relatively short time and I have my "plan B". But I believe that it worth trying, therefore I support. Several hundreds dollars wasted and some time spent in this forum is not too much for such cause and may turn to be a "profitable investment" (visa-wise) :-) Let's appreciate what the Indians are doing and help their noble fight with some dollars and time - everyone will benefit...
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