HereIComeGC
10-02 03:06 PM
Yeah, sticking up for the Muggle-born :)
Salary should not be drastically different, but -20-30% should not be a red flag. Can you construct a more complicated compensation agreement that would include defined compensation (salary) and your share in profits or equity of the company? On one hand, it may be a good idea overall (and will protect your friendship), on the other hand, it is a lot harder for USCIS to cause trouble if they can't clearly understand what your total compansation compared to old job would be.
Yep - putting a "confundus charm" on compensation agreement could work. Good idea. Thank you Hermione.
Salary should not be drastically different, but -20-30% should not be a red flag. Can you construct a more complicated compensation agreement that would include defined compensation (salary) and your share in profits or equity of the company? On one hand, it may be a good idea overall (and will protect your friendship), on the other hand, it is a lot harder for USCIS to cause trouble if they can't clearly understand what your total compansation compared to old job would be.
Yep - putting a "confundus charm" on compensation agreement could work. Good idea. Thank you Hermione.
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skodu
07-19 05:02 PM
Most of the problems will be resolved after making legislation on the 2 options which can be easily done.
1. Remove 7% per country cap and come with more scientific number based on the H1B approvals since 2000 to get more weight to India, China, Philippines and Mexico.
2. Throw the unused numbers wide open at the end of Fiscal year based on Priority Dates. No country cap in this case.
3. Keep one Visa number per family. This one is tough to get pass through House and Senate.
The first 2 options are more feasible and can be done quietly without much political and public confrontation.
1. Remove 7% per country cap and come with more scientific number based on the H1B approvals since 2000 to get more weight to India, China, Philippines and Mexico.
2. Throw the unused numbers wide open at the end of Fiscal year based on Priority Dates. No country cap in this case.
3. Keep one Visa number per family. This one is tough to get pass through House and Senate.
The first 2 options are more feasible and can be done quietly without much political and public confrontation.
sbvw76
12-19 11:41 AM
Hi Guys please help me
Yesterday i got my receipt i check the status online the status is saying
Receipt Number: LINXXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Fingerprint fee rejected and notice mailed; case in suspense.
On August 21, 2007, we rejected your fingerprint fee and mailed you instructions for how to submit the necessary payment. This case is now in suspense.
Please submit your payment with our notice as soon as possible after you receive our notice so we may resume processing of this case.
But USCIS cashed my checks i didn't know what went worng the total amount i paid is 325+70,170,180.
Did any guys get same kind of problem?
Initially my case status was like whatever you said..but I got the FP and done. Now the case status says bit more like
On September 18, 2007, a fingerprint fee biling notice for this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was mailed to you stating the reasons for the billing and the instructions to follow to submit the necessary payment. Therefore, processing of your case is suspended until we receive the necessary payment along with the billing notice we mailed to you. If you have not received this notice within 30 days of the September 18, 2007, please call Customer Service at 1-800-375-5283 for further assistance.
Does anyone know in the same boat?
Yesterday i got my receipt i check the status online the status is saying
Receipt Number: LINXXXXXXXX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Fingerprint fee rejected and notice mailed; case in suspense.
On August 21, 2007, we rejected your fingerprint fee and mailed you instructions for how to submit the necessary payment. This case is now in suspense.
Please submit your payment with our notice as soon as possible after you receive our notice so we may resume processing of this case.
But USCIS cashed my checks i didn't know what went worng the total amount i paid is 325+70,170,180.
Did any guys get same kind of problem?
Initially my case status was like whatever you said..but I got the FP and done. Now the case status says bit more like
On September 18, 2007, a fingerprint fee biling notice for this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was mailed to you stating the reasons for the billing and the instructions to follow to submit the necessary payment. Therefore, processing of your case is suspended until we receive the necessary payment along with the billing notice we mailed to you. If you have not received this notice within 30 days of the September 18, 2007, please call Customer Service at 1-800-375-5283 for further assistance.
Does anyone know in the same boat?
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helmet
08-27 01:27 PM
That you can find on your approved I140. It will be mentioned EB2 or EB3
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rajabeta
09-25 09:13 AM
yes, no checks cashed yet, checking my account regularly. the notice date is 21st sep, so I am thinking it might take 3-4 business days for the checks to cash, do you guys think my assumption is right?
Anybody in the same situation?
So you got the receipts without the checks getting enchased? Ddid any one who were sent to CSC did not get their checks enchased but recieved receipts?
Anybody in the same situation?
So you got the receipts without the checks getting enchased? Ddid any one who were sent to CSC did not get their checks enchased but recieved receipts?
breddy2000
02-02 01:09 PM
Hi breddy2000:
Thanks for your reply and was RFE similar to mine?
Here is content of RFE:
Exact RFE text is:
1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary�s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner�s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner�s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner�s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner�s claim of qualifying employment.
Depending on the petitioner�s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;
d. copies of the petitioner�s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner�s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 - x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
Thanks
I got RFE on this
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
Evidences I provided
================
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
Looks like they have come up with a standard RFE for every H1 . You need to analyse in which category/categories(A,B,C above) your RFE falls under , and respond accordingly.
Pls go through a competent attorney to make sure you respond appropriately....
Thanks for your reply and was RFE similar to mine?
Here is content of RFE:
Exact RFE text is:
1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary�s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner�s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner�s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner�s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner�s claim of qualifying employment.
Depending on the petitioner�s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;
d. copies of the petitioner�s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner�s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 - x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
Thanks
I got RFE on this
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
Evidences I provided
================
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
Looks like they have come up with a standard RFE for every H1 . You need to analyse in which category/categories(A,B,C above) your RFE falls under , and respond accordingly.
Pls go through a competent attorney to make sure you respond appropriately....
more...
fall2004us
11-10 02:45 PM
Nice set of questions...
as long as primary is H1 and is working for the sponsored employer, switching the status between H4 and EAD should not be a problem, It is always good to have a set of approved AP.
I might be wrong, please throw some more suggestions.
Last year, One of my co workers went to china, just before he left, he got his green card, a month before he had got his AP. When he arrived at the POE, he made use of his AP instead of GC, when I asked him why he did that? He said he wanted to take advantage of AP as he paid for the AP :D
Does that mean that his GC is invalid, the officer at POE could have cross checked whether he had a GC !!!
Similarly, the officers cant check between EAD and H4..
as long as primary is H1 and is working for the sponsored employer, switching the status between H4 and EAD should not be a problem, It is always good to have a set of approved AP.
I might be wrong, please throw some more suggestions.
Last year, One of my co workers went to china, just before he left, he got his green card, a month before he had got his AP. When he arrived at the POE, he made use of his AP instead of GC, when I asked him why he did that? He said he wanted to take advantage of AP as he paid for the AP :D
Does that mean that his GC is invalid, the officer at POE could have cross checked whether he had a GC !!!
Similarly, the officers cant check between EAD and H4..
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ragz4u
02-27 12:33 PM
She should have tried through the emergency quota/appoinment to get her stamping.. Death in immediate family is a accepted for this and I know a colleague you had to go for India for the very same reason, death in the family and returned back after getting his stamping. Got his appointment through EQ. If you fear to get stamped in India, then you can blame the appointment to be 4 months away, etc.. etc...
The article posted is touching, but out lives are not that bad .. We are far more better and we do have a good life.
I do not think one would not go to India just because he/she is scared to get a stamp in India. The loss of someone dear to you can overcome any such fears one might have (for me atleast thats applicable).
In any case, I did not know (neither did my collegaue) of the emergency quota. Thanks for sharing that with us and thanks to forums like these, every day is a learning experience.
The article posted is touching, but out lives are not that bad .. We are far more better and we do have a good life.
I do not think one would not go to India just because he/she is scared to get a stamp in India. The loss of someone dear to you can overcome any such fears one might have (for me atleast thats applicable).
In any case, I did not know (neither did my collegaue) of the emergency quota. Thanks for sharing that with us and thanks to forums like these, every day is a learning experience.
more...
dce.deepak
03-31 03:45 PM
Done
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sparklinks
10-17 09:27 AM
I don't think it is true. My lawyer said using AP will not invalidate H1B.
I have seen many people saying they came through AP and extended H1B , some even 3 times.
Anyway, I am travelling outside and planning to use my AP while coming back. I will post a message if I come through H1B
Thanks Buddy !! PM me when you come back plz.
I have seen many people saying they came through AP and extended H1B , some even 3 times.
Anyway, I am travelling outside and planning to use my AP while coming back. I will post a message if I come through H1B
Thanks Buddy !! PM me when you come back plz.
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DudefromBombay
06-30 03:13 PM
Thanks Ivar for your reply.
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sk.aggarwal
11-12 01:48 PM
Thanks for sharing the link, I will go through this.
It is not about money. I have absolutely no problem giving even 100$s per month for the cause if I know how my hard earned money is being spend. Actions like deleting threads, banning users just for asking reports, makes people uncomfortable. Have you seen the financial report at Eb3 Chinese Financial Report - ��›-�‰�-��Œ�š秿�-‘�•�-‹信�‰˜�Ÿ��‡‘ (http://www.eb3chinese.org/5.html).
BTW, Hari if IV doesn't show you the links to donar forum, how will you know what you are missing ...
just my 2 cents.
It is not about money. I have absolutely no problem giving even 100$s per month for the cause if I know how my hard earned money is being spend. Actions like deleting threads, banning users just for asking reports, makes people uncomfortable. Have you seen the financial report at Eb3 Chinese Financial Report - ��›-�‰�-��Œ�š秿�-‘�•�-‹信�‰˜�Ÿ��‡‘ (http://www.eb3chinese.org/5.html).
BTW, Hari if IV doesn't show you the links to donar forum, how will you know what you are missing ...
just my 2 cents.
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rongha_2000
05-13 05:09 PM
A few question related to the database:
1) Is the received date the same as the date the labor was filed (in other words, the priority date)
2) The 2005 and after database structure does not have employee name, and there are multiple records found on "prioirty" date, is there any other field that can be verified from other documents like the case number etc? How to nail down to exact record for me?
3) Is the SOC code the same as what we should be looking for "same or similar" job?
4) Assuming answer to above Q is yes, from where can we find detailed job duties for these codes?
Thanks cool_desi_gc, this is a very good tool provided we know how to correctly interpret the data.
Dude,
http://www.flcdatacenter.com/CasePerm.aspx
There are MS Access database files for each year.Depending on which year your labor is filed, download the Access db.
For eax, mine was Dec 2002.I downlaoded 2002,03,04.My record was found in 2004 database.
If you open the Access db (You need to have MS Access to view these files.If you dont have it, downlaod the free trail version from microsoft.com)
If you open the file, it is the database of all the Labors that are filed in that year.One of the attribute is the Employee name.You can also search on Attorney name.
If I were you, i would first filter on Employee State and then search for the Employee name.
Its simple.Try it and let me know if you need further help.
Good luck
1) Is the received date the same as the date the labor was filed (in other words, the priority date)
2) The 2005 and after database structure does not have employee name, and there are multiple records found on "prioirty" date, is there any other field that can be verified from other documents like the case number etc? How to nail down to exact record for me?
3) Is the SOC code the same as what we should be looking for "same or similar" job?
4) Assuming answer to above Q is yes, from where can we find detailed job duties for these codes?
Thanks cool_desi_gc, this is a very good tool provided we know how to correctly interpret the data.
Dude,
http://www.flcdatacenter.com/CasePerm.aspx
There are MS Access database files for each year.Depending on which year your labor is filed, download the Access db.
For eax, mine was Dec 2002.I downlaoded 2002,03,04.My record was found in 2004 database.
If you open the Access db (You need to have MS Access to view these files.If you dont have it, downlaod the free trail version from microsoft.com)
If you open the file, it is the database of all the Labors that are filed in that year.One of the attribute is the Employee name.You can also search on Attorney name.
If I were you, i would first filter on Employee State and then search for the Employee name.
Its simple.Try it and let me know if you need further help.
Good luck
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dpsg
04-09 04:59 PM
I realized we all took thread to direction It was not intended to.. Thats why
I deleted all my posts into this thread... as I understand we all have responsibility to maintain the integrity/relavence of subject when we post something.. I failed but corrected latter on.
I deleted all my posts into this thread... as I understand we all have responsibility to maintain the integrity/relavence of subject when we post something.. I failed but corrected latter on.
more...
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sreedhar23
10-17 03:35 PM
Application vs. Use of EAD or Advance Parole:
Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
I didn't know if we use AP we loose H1, any comments Seniors?
To my knowledge once you use AP or EAD we loose our H1B.
Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
I didn't know if we use AP we loose H1, any comments Seniors?
To my knowledge once you use AP or EAD we loose our H1B.
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Michael chertoff
05-04 09:04 PM
hi,I am dmjy,510 has a special meaning so I add to my username,you also can all me dm.I am new here,nice to meet you all .we will be frineds.can we?
Please contact Pappu for this request.
Please contact Pappu for this request.
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windingroad
04-04 12:35 PM
IV core team ... You are an amazingly competent team and have done a tremendous
job over the last three months.
I don't think any of us here, including me, has earned the right to criticize this effort
or demand results, unless we are part of the core team or an active volunteer.
There are better ways to express our concerns than to spread the negativity.
job over the last three months.
I don't think any of us here, including me, has earned the right to criticize this effort
or demand results, unless we are part of the core team or an active volunteer.
There are better ways to express our concerns than to spread the negativity.
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atumalla
02-07 11:34 AM
Applied H1 and H4 Ext together 12/07/2007. Case still pending.
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pom
05-17 06:13 PM
DJ, that's a great volley! And thanks for the psd, it's real interesting. I wished everybody did the same *tears* then the world would be a better place! *sob*
sammas
07-09 11:15 AM
Got it. Thanks for the clarification. You might be right but I am not sure.
nromkar
04-06 09:44 PM
I too got RFE. I agree "Address Change" triggers for some reason.
I did Address change and got confirmation. After two weeks I got RFE on my I-693 and asking to fill new I-693.
I did Address change and got confirmation. After two weeks I got RFE on my I-693 and asking to fill new I-693.