satishku_2000
08-17 04:04 PM
Has any one ever heard of 140 denial due to less percentage of marks secured in graduation.
Job desc is the key, Hope you are talking about a hypothetical scenario. if you are talking about a real scenario you need to take a look at job requirements and desc. If the case is a substituition case then proof of burden is on employer. I think if we are talking about a real scenario then one should get an RFE before a denial.
Job desc is the key, Hope you are talking about a hypothetical scenario. if you are talking about a real scenario you need to take a look at job requirements and desc. If the case is a substituition case then proof of burden is on employer. I think if we are talking about a real scenario then one should get an RFE before a denial.
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msgrewal81
08-30 09:11 PM
What a mean approach....what about people who have yet to apply EB3...guys when are we start supporting future EB appliers as illegals from mexico vote for candidates who support legalization of illegals..
Typical EB approved guy dont give hell to the one who follows...that needs to change and be taken care in all the future proposals coming up from IV..
Typical EB approved guy dont give hell to the one who follows...that needs to change and be taken care in all the future proposals coming up from IV..
immigrationvoice1
02-12 02:35 PM
Hi,
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?
Thanx,
My advice - Bring her in using H4 visa stamped on her passport based on your H1B. The H1, even if she gets (in the 2009 quota which needs to be applied on April 1st 2008) cannot be used before Oct 2008 as all new H1s can be used only from the month of Oct. That H1B approval will come with its I-94 attached. Once October arrives, she can start working on her H1B. She does not need to go anywhere to get it stamped.
When you go out of USA on vacation the next time, she can have her H1B visa stamped on her passport.
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?
Thanx,
My advice - Bring her in using H4 visa stamped on her passport based on your H1B. The H1, even if she gets (in the 2009 quota which needs to be applied on April 1st 2008) cannot be used before Oct 2008 as all new H1s can be used only from the month of Oct. That H1B approval will come with its I-94 attached. Once October arrives, she can start working on her H1B. She does not need to go anywhere to get it stamped.
When you go out of USA on vacation the next time, she can have her H1B visa stamped on her passport.
2011 Star Wars Revenge Of The Sith
apahilaj
09-19 09:37 PM
Hello Guys,
I have a quick question about my I-140 petition. Initially I had applied for my I 140 which USCIS was about to deny claiming that they did not receive the RFE response. During that time, I had applied for a new I 140 application assuming that they would deny my old application. In the meanwhile, USCIS sent me a letter asking me to send the RFE documents again for my original application, which I did again and they approved my old application. I did not inform USCIS about closing the new application and as per my lawyer, I did not need to do that.
Now after almost a year, I got an update from USCIS on the second I 140 application for RFE. My question is should I inform USCIS that they do not need to worry about this application since my original application is already approved or should I just ignore this RFE?
Any advice you guys have would be greatly appreciated.
Thanks
I have a quick question about my I-140 petition. Initially I had applied for my I 140 which USCIS was about to deny claiming that they did not receive the RFE response. During that time, I had applied for a new I 140 application assuming that they would deny my old application. In the meanwhile, USCIS sent me a letter asking me to send the RFE documents again for my original application, which I did again and they approved my old application. I did not inform USCIS about closing the new application and as per my lawyer, I did not need to do that.
Now after almost a year, I got an update from USCIS on the second I 140 application for RFE. My question is should I inform USCIS that they do not need to worry about this application since my original application is already approved or should I just ignore this RFE?
Any advice you guys have would be greatly appreciated.
Thanks
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Ann Ruben
02-01 09:25 PM
As you probably realize, by transferring to another employer you will have to start the GC process all over--though you should be able to keep your May 2008 priority date.
Based on the facts you have provided, I would say that it is unlikely your prospective employer's H-1 would be denied. However, there is never any guarantee. Premium processing usually takes 7-10 days if there is no RFE, but again, there can be no guarantee. (Note that USCIS must refund the $1000 fee if your case is not acted on (approval, denial, or RFE) within 15 days of receipt.)
Based on the facts you have provided, I would say that it is unlikely your prospective employer's H-1 would be denied. However, there is never any guarantee. Premium processing usually takes 7-10 days if there is no RFE, but again, there can be no guarantee. (Note that USCIS must refund the $1000 fee if your case is not acted on (approval, denial, or RFE) within 15 days of receipt.)
Mirage_GC
06-23 05:18 PM
I fully respect that retrogression and per country limits are bad for us and the US economy as the first and the foremost of H1B issues.
But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.
Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:
1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.
Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.
I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.
I trust this information will be perused and I will be available to given additional input.
Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.
I am articulating this for the benefit of one and many.
But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.
Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:
1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.
Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.
I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.
I trust this information will be perused and I will be available to given additional input.
Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.
I am articulating this for the benefit of one and many.
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vactorboy29
11-29 11:43 AM
Hello experts,
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
If he is in states then he can apply for new passport .For FP Notice he can just walk in to office get FP done on that day provided he has copy or A number with him .
Apply for duplicate copy of H1B approval ,I think it cost @ 200 - 300 $
2.The lost passport includes the old passport with old visa in it.
Get duplicate copy of h1b and go outside usa and get visa stamp on new passport.
Can you please throw some light as to what are his options.
Thanks & Regards
Just my 2 cents...
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
If he is in states then he can apply for new passport .For FP Notice he can just walk in to office get FP done on that day provided he has copy or A number with him .
Apply for duplicate copy of H1B approval ,I think it cost @ 200 - 300 $
2.The lost passport includes the old passport with old visa in it.
Get duplicate copy of h1b and go outside usa and get visa stamp on new passport.
Can you please throw some light as to what are his options.
Thanks & Regards
Just my 2 cents...
2010 Clone Wars
lucky123
04-13 06:25 AM
That sounds good to me...
Thank you for the information....
Thank you for the information....
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tdasara
03-19 08:34 PM
Instead of pay increase, I decided to buy stock in the company I work for (small startup firm) and I work using my EAD, AC21
My compensation and with some profit sharing makes me a 6-7% owner of the firm on paper.
Now, if the company gets hit by a lawsuit and dragged to court, will I be affected?
(My role is strictly IT related and also assist in Data Analytics).
My immigration lawyer is yet to respond.
My compensation and with some profit sharing makes me a 6-7% owner of the firm on paper.
Now, if the company gets hit by a lawsuit and dragged to court, will I be affected?
(My role is strictly IT related and also assist in Data Analytics).
My immigration lawyer is yet to respond.
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RadioactveChimp
04-08 02:07 AM
ahhhhhh sweet approval
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nik.patelc
04-08 01:08 PM
How long it take (in terms day) to receive actual RFE mail notice after LUD status update online about RFE?
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Queen Josephine
March 24th, 2007, 09:35 PM
Thanks guys. Nik, my boss took the decision out of my hands and had me order the 2 lense option. I'm hoping it's compact enough that I can hike with it. If so, he said he'd take my Canon Pro1 for the shop and I could have this. If I take it, then I'll look into your suggestion.
well queen my long lost thought you were gone forever to never come back friend.Thanks Mark....not gone, just slowing down a bit. Happens sometimes... but thank for the kind thoughts. I aprreciate it.
well queen my long lost thought you were gone forever to never come back friend.Thanks Mark....not gone, just slowing down a bit. Happens sometimes... but thank for the kind thoughts. I aprreciate it.