jvsap
05-25 11:27 PM
Hi,
My Perm LC is applied in DEC 2007, GOT AUDIT RFE last week.
I am really worried about RFE. My Employer advised me we need reply them quickly in 1 week so that they feel we are serious.
Mine is BE+5years, applied under EB2 CATEGORY. I have 9+years of experience.
My employer advised me create a document which explains the Job Duties and responsibilites etc project by project.
and documnets including resume, experience letters, etc.
Can any body explain me what exactly uscis is expecting from me , what kind documents/avidence they are expecting in RFE ?
RFE Reason says:
Please provide documents such as position descriptions, the percentage of time spent on the various duties, organizational charts, and payroll records demonstarting that the qualifying experience gained by the alien while working for the employer, including as a contract employee, was ina position not substantially, i.e., not requiring performance of the same job duties more than 50 percent of the time to the position for which certification is being sought, and/or documents demonstarting that it is no longer feasible to train a worker to qualify for the position.
Thanks & Regards,
jvsap
My Perm LC is applied in DEC 2007, GOT AUDIT RFE last week.
I am really worried about RFE. My Employer advised me we need reply them quickly in 1 week so that they feel we are serious.
Mine is BE+5years, applied under EB2 CATEGORY. I have 9+years of experience.
My employer advised me create a document which explains the Job Duties and responsibilites etc project by project.
and documnets including resume, experience letters, etc.
Can any body explain me what exactly uscis is expecting from me , what kind documents/avidence they are expecting in RFE ?
RFE Reason says:
Please provide documents such as position descriptions, the percentage of time spent on the various duties, organizational charts, and payroll records demonstarting that the qualifying experience gained by the alien while working for the employer, including as a contract employee, was ina position not substantially, i.e., not requiring performance of the same job duties more than 50 percent of the time to the position for which certification is being sought, and/or documents demonstarting that it is no longer feasible to train a worker to qualify for the position.
Thanks & Regards,
jvsap
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alien4ever
09-23 09:02 PM
Hi,
I have a friend in India who applied to a new H1B through a consultant, was lucky to get through the lottery but is now stuck in RFE because of issues with the consultant. He heard from someone else that the same consultant is getting rejects and is nervous that his case will get rejected too.
I've heard that while a H1B case is pending (before it is denied), one can apply a separate petition from another employer and is still considered a valid application that is within the quota as it is for the same applicant.
Does anyone have experience in this area? What do you recommend? I also plan to contact an attorney regarding this to help my friend.
I have a friend in India who applied to a new H1B through a consultant, was lucky to get through the lottery but is now stuck in RFE because of issues with the consultant. He heard from someone else that the same consultant is getting rejects and is nervous that his case will get rejected too.
I've heard that while a H1B case is pending (before it is denied), one can apply a separate petition from another employer and is still considered a valid application that is within the quota as it is for the same applicant.
Does anyone have experience in this area? What do you recommend? I also plan to contact an attorney regarding this to help my friend.
jagadeesh
12-14 01:58 PM
Thanks for reply.. I live in AZ. My employer in NY
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funkycatspangky
07-19 05:34 PM
my GC application was done in 2001 via my mom who is a GC holder.
Will IV assist in legal non employment based GC application?
or is IV only active in employment based GC issues?
:confused:
Will IV assist in legal non employment based GC application?
or is IV only active in employment based GC issues?
:confused:
more...
johnick
06-18 04:21 PM
Hi everyone!
I had a question about receiving updates in the mail and checking the case status online. This is for my Marriage-based GC interview at the San Francisco office. My service center is Missouri MSC.
I had my interview for marriage based GC on May 27th. The interview was short and went very well. The IO said that everything was in order, though I needed to have my dr resend USCIS my medical reports again as the dr had missed some fields on the medical form. The IO said many dr's were missing some fields on the recently updated forms. The IO then gave me a form which said that I needed the medical examination resent and which also had the "Further review" box checked. The IO said I should get something in the mail within 10 days of USCIS getting the new medical report.
I immediately went and had my dr resend the medical report with everything filled out. The USCIS acknowledged the receipt of the new fully filled medical form on June 2nd.
It is June 18th today and I have not received anything in the mail yet. The online USCIS case tracker hasn't been updated in months and still shows my case as having been on the "Accepted on March 17th" stage, even though I've already done the finger printing and the interview. Calling the 1-800 number for status updates says the same thing, that I applied on March 17th and that a letter was mailed to me regarding finger printing.
Do you know why I haven't gotten anything in the mail yet, or why the online status tracker hasn't updated at all? I wonder if this is a bad thing, a normal thing, or if the San Francisco field office [or the Missouri Process Center MSC] is taking longer than usual to send out mails after the interviews?
Thanks!
I had a question about receiving updates in the mail and checking the case status online. This is for my Marriage-based GC interview at the San Francisco office. My service center is Missouri MSC.
I had my interview for marriage based GC on May 27th. The interview was short and went very well. The IO said that everything was in order, though I needed to have my dr resend USCIS my medical reports again as the dr had missed some fields on the medical form. The IO said many dr's were missing some fields on the recently updated forms. The IO then gave me a form which said that I needed the medical examination resent and which also had the "Further review" box checked. The IO said I should get something in the mail within 10 days of USCIS getting the new medical report.
I immediately went and had my dr resend the medical report with everything filled out. The USCIS acknowledged the receipt of the new fully filled medical form on June 2nd.
It is June 18th today and I have not received anything in the mail yet. The online USCIS case tracker hasn't been updated in months and still shows my case as having been on the "Accepted on March 17th" stage, even though I've already done the finger printing and the interview. Calling the 1-800 number for status updates says the same thing, that I applied on March 17th and that a letter was mailed to me regarding finger printing.
Do you know why I haven't gotten anything in the mail yet, or why the online status tracker hasn't updated at all? I wonder if this is a bad thing, a normal thing, or if the San Francisco field office [or the Missouri Process Center MSC] is taking longer than usual to send out mails after the interviews?
Thanks!
shae marks
05-31 09:41 PM
Hi Immigration Gurus,
I have a valid H1B Visa which is expiring on Feb 16th, 2008 and my old H1 is expiring the same day as my Visa. I applied for my H1B extension my H1 extension is pending. I am planning to go to india on Dec last week and coming back on jan 7th.
1) Can I travel without any problems/
2) While coming back, what are the documents I need to show, will my old H1 is enough or do I have to show receipt of showing I applied for extension?
I really appreciate your time and advice, advanced thanks
I have a valid H1B Visa which is expiring on Feb 16th, 2008 and my old H1 is expiring the same day as my Visa. I applied for my H1B extension my H1 extension is pending. I am planning to go to india on Dec last week and coming back on jan 7th.
1) Can I travel without any problems/
2) While coming back, what are the documents I need to show, will my old H1 is enough or do I have to show receipt of showing I applied for extension?
I really appreciate your time and advice, advanced thanks
more...
seattleGC
06-15 01:08 AM
In case you haven't noticed, its mostly the Democrats who are opposed to H1b and Republicans who want H1b increases. The article is flawed or biased in that respect.
This story is priceless -- after all the anti-H1B and anti-immigrant rhetoric,
"The California Republican Party has decided no American is qualified to take one of its most crucial positions � state deputy political director � and has hired a Canadian for the job through a coveted H-1B visa."
Read on http://www.thecarpetbaggerreport.com/archives/11129.html
This story is priceless -- after all the anti-H1B and anti-immigrant rhetoric,
"The California Republican Party has decided no American is qualified to take one of its most crucial positions � state deputy political director � and has hired a Canadian for the job through a coveted H-1B visa."
Read on http://www.thecarpetbaggerreport.com/archives/11129.html
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ektha123
12-10 02:41 PM
Hi
we applied ap in octoer and we got receipt on oct 24th but we found a typo error on my daughters receipt instead of 'ekthasruthi sakala' it was ektha sakala' will it be a problem at the port of entry . please suggest me.
we applied ap in octoer and we got receipt on oct 24th but we found a typo error on my daughters receipt instead of 'ekthasruthi sakala' it was ektha sakala' will it be a problem at the port of entry . please suggest me.
more...
USIVC
12-21 05:28 PM
Below is what I think to your three case scenario:
Case 1: According to the USCIS's rule of last action, whichever petition or application came out last is your new non-immigrant status. So if your H1b transfer gets approved first and then your H-1B -> F1 gets approved, you are in F-1, or vice versa. But then if your first H1B has already expired before you turn in your F-1 application, it gets a little complicated. In that case, the F-1 application cannot be approved before the H1B transfer is approved.
case 2: If your first H1B is still valid, then it is ok if your H1B transfer is denied. If your first H1B is expired already before your submit your F-1 application, and your H1B transfer gets denied, you could be out of status.
case 3: If your H1B transfer is approved, and F-1 application is denied, you are still in H1B.
There is an article discussing authorized stay and authorized status which relates to your questions: Differences Between “Authorized Status” and “Authorized Stay” (http://www.us-immigrationvisa.com/article/differences-between-authorized-status-and-authorized-stay)
Case 1: According to the USCIS's rule of last action, whichever petition or application came out last is your new non-immigrant status. So if your H1b transfer gets approved first and then your H-1B -> F1 gets approved, you are in F-1, or vice versa. But then if your first H1B has already expired before you turn in your F-1 application, it gets a little complicated. In that case, the F-1 application cannot be approved before the H1B transfer is approved.
case 2: If your first H1B is still valid, then it is ok if your H1B transfer is denied. If your first H1B is expired already before your submit your F-1 application, and your H1B transfer gets denied, you could be out of status.
case 3: If your H1B transfer is approved, and F-1 application is denied, you are still in H1B.
There is an article discussing authorized stay and authorized status which relates to your questions: Differences Between “Authorized Status” and “Authorized Stay” (http://www.us-immigrationvisa.com/article/differences-between-authorized-status-and-authorized-stay)
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lazycis
01-14 02:31 PM
It will be much easier to separate after GC is in hand. It's possible to get separated before and still get GC, but she would need to file additional paperwork. Consulting with an attorney is recommended.
more...
harrydr
05-11 09:59 PM
Wait time for spouse to get a green card as a derivative from you would be apporximately 5 years since you already have your green card now. the best option is to wait for to get your US citizenship and them apply for your spouse and in that case the max. wait time os only 3-6 months. Hoep this helps.
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saibaba
12-01 05:04 PM
H1 and H4 are 2 different classes.
thanks for the info...
I have to attend for H1 visa renewal...means I got extended H1 handy and All I have to do is get it stamped in chennai...
I was under the impression that i'm gonna take my wife along with me by adding another application to the selected date/time slot of mine....which they recommend in general..
if h1 and h4 belongs to two different classes how can I tie them together when selecting another applicant after filling those online 156 and 157's?
any thoughts?..
I'm sure many of the folks here wld have coem across this scenario as it invloves H4 - H1 stamping stuff...
can someone pls advise me...thanx in advance...
thanks for the info...
I have to attend for H1 visa renewal...means I got extended H1 handy and All I have to do is get it stamped in chennai...
I was under the impression that i'm gonna take my wife along with me by adding another application to the selected date/time slot of mine....which they recommend in general..
if h1 and h4 belongs to two different classes how can I tie them together when selecting another applicant after filling those online 156 and 157's?
any thoughts?..
I'm sure many of the folks here wld have coem across this scenario as it invloves H4 - H1 stamping stuff...
can someone pls advise me...thanx in advance...
more...
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raysaikat
05-17 03:27 PM
Can someone employed on a H1B visa do small private/independent consulting on the side in the same field of work? Or can he/she get paid as a private consultant in his/her home country while on H1B visa in the US?
As long as you are fulfilling your obligation to work full-time with your H1-B employer, there should be no problem to do additional work in your home country in your spare time (I am assuming that you will do that remotely) from an immigration point of view. However, it is a complex situation tax-wise. In general you do have to report that overseas income in your tax return and pay tax on it. Things get even more complicated if you do not bring the income back to US but keep it in your home country ...
As long as you are fulfilling your obligation to work full-time with your H1-B employer, there should be no problem to do additional work in your home country in your spare time (I am assuming that you will do that remotely) from an immigration point of view. However, it is a complex situation tax-wise. In general you do have to report that overseas income in your tax return and pay tax on it. Things get even more complicated if you do not bring the income back to US but keep it in your home country ...
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luksy
05-13 05:58 AM
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Hey, and if anyone has a whole equiped house with chairs and stuff please send me on this address:
luksifox@hotmail.com
more...
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rajenk
11-10 02:45 PM
Since AC21 does not go in any official USCIS form, it is better to attach with G-28. My attorney did that and USCIS had acknowledged their receipt of the G-28 and supporting documents. The Ack was a letter to me and the attorney when my (new) attorney opened a service request inquiring the attorney of record after 4 weeks of filing G-28 and AC21 documents.
Good luck.
Good luck.
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mrsr
07-09 08:08 PM
How about this idea?
more...
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sam5
07-30 05:51 PM
I am going to complete my 6th year on H-1b, this year end. My I 140 is cleared and I am going to file for 3 years extension. In the beginning of this year, for 3 months pay stubs are not run, due to some personal reasons. Will this affect my renewal of H1. We need to submit 3 pay stubs, before applying for extension. There will be a shortfall of YTD, when compared to actual. Please share your thoughts, who have clear understanding on these. thanking you.
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gc_chahiye
09-27 05:02 PM
Hi,
is it absolutely safe to travel with pending i 485 app with valid h1b stamping with receipt notice and completed fp.?we are kind of confuded whether to plan for the travel...We have not yet received the actual advance parole. i read somwhere that if u leave the country wth pending i 485 but without ap ur appl is considered abandoned.is this true.?..we have the option to change the trip to apr too.In a nutshell is it completely safe to travel on 485 pending appl without ap with valid stamping.?:confused:
Has any1 wth the same situation has gone and come back without any issues?
Gurus ur input s greatly appreciated.
Thanks
Whats your PD? If you are on H1, have a stamping and already have the 485 receipt, the only possible issue with travel is if your 485 gets approved when you are abroad. People have still managed to enter on H1 as PoE officer apparently does not realize about your 485 approval.
If its a recent PD, then no issues, you can travel (Actually my lawyer told me I can travel even without getting the 485 receipt, but thats apparently a bit of a grey area)
is it absolutely safe to travel with pending i 485 app with valid h1b stamping with receipt notice and completed fp.?we are kind of confuded whether to plan for the travel...We have not yet received the actual advance parole. i read somwhere that if u leave the country wth pending i 485 but without ap ur appl is considered abandoned.is this true.?..we have the option to change the trip to apr too.In a nutshell is it completely safe to travel on 485 pending appl without ap with valid stamping.?:confused:
Has any1 wth the same situation has gone and come back without any issues?
Gurus ur input s greatly appreciated.
Thanks
Whats your PD? If you are on H1, have a stamping and already have the 485 receipt, the only possible issue with travel is if your 485 gets approved when you are abroad. People have still managed to enter on H1 as PoE officer apparently does not realize about your 485 approval.
If its a recent PD, then no issues, you can travel (Actually my lawyer told me I can travel even without getting the 485 receipt, but thats apparently a bit of a grey area)
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go_getter007
12-12 08:55 PM
Swamy, you will get many new members with this attitude/language. Enjoy!
GG_007
please stop thinking then
GG_007
please stop thinking then
sForever
09-22 04:21 PM
One simple question to which I get different answers from different attorneys. I currently have US MS + 5 years of experience & working as Project Manager.. When I filed for EB-3 (in 2008) I had MS + 2.5 years of Experience and the role was Software Engineer
When changing from EB3 to EB2 (same Employer), experience with the same employer is considered only when the job duties are >50% different from the existing job.
Attorney 1 says: It should be >50% different from the EXISTING/CURRENT job that you are working on.. For e.g. if you were developer when filing EB-3 and now you are project Manager (which is more than 50% different in my case), you can't file EB-2 for a Project Manager
Attorney 2 says: It should be >50% different from the job description that was used while filing EB-3 labor certification. This lawyer says you can file, because PM is different than developer (which was filed for in EB3 labor)
Who's correct?
When changing from EB3 to EB2 (same Employer), experience with the same employer is considered only when the job duties are >50% different from the existing job.
Attorney 1 says: It should be >50% different from the EXISTING/CURRENT job that you are working on.. For e.g. if you were developer when filing EB-3 and now you are project Manager (which is more than 50% different in my case), you can't file EB-2 for a Project Manager
Attorney 2 says: It should be >50% different from the job description that was used while filing EB-3 labor certification. This lawyer says you can file, because PM is different than developer (which was filed for in EB3 labor)
Who's correct?
paskal
08-27 01:56 PM
Pezz,
I hope you get some good suggestions- just a little thing- your attorney does not have to be located where you are, a lot of people deal long distance!
Please don't forget to join your state chapter and sign up for the rally. We are counting on a strong presence from the Philadelphia area and indeed all PA!
I hope you get some good suggestions- just a little thing- your attorney does not have to be located where you are, a lot of people deal long distance!
Please don't forget to join your state chapter and sign up for the rally. We are counting on a strong presence from the Philadelphia area and indeed all PA!
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