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  • gcnotfiledyet
    02-26 11:29 AM
    http://hammondlawgroup.blogspot.com/

    From this group it does not look like there is any rule followed by states as they follow CGFNS guidelines. It is just that USCIS has started using OOH for PTs. It looks like AILA will be filing something with USCIS.

    My first question: you have been here for 5yrs on h1b then why did you not file green card under schedule A when it was current until Dec 2006? I am really surprised. You would have been on green card long time back. Actually I am even surprised that you did not go for masters even afer being here for 5years.

    If there is any other way you can continue your presence in US then go for it. You just have to be patient for USCIS to start accepting what state boards accept while issuing licenses. If state boards do not mind foreign bachelors to practise PT then I don't understand why USCIS would care. I think its just another shot from USCIS to shoot immigrants out of this country.

    Getting into masters of PT can't be that quick. Schools just don't accept students everyday. They have deadlines for every semester and there is so much paperwork including exams, evaluations, proof of funding etc etc. So do talk to lawyer for your options to stay here, talk to school on how to enroll in masters, if your spouse is on h1 then get onto h4 by filing cos. These are just my guesses. Again talk to lawyer for your options ASAP.




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  • hsingh82
    02-24 01:05 PM
    Consider this, I am an H1B and my perm has not been filed yet. I have been contributing to the IV posts(not monetary so far)...and haven't asked any question/query myself yet..... what do you want me to do pay money to reply to a post where a guy needs help on how to complain to DOL or if there is a link on CNN and I want to share with fellow IVians??




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  • cessua
    04-05 03:53 PM
    I am in a similar situation, i am on my 5th year H1B ROW and my laywer sent in the I485 before the retrogression started but i still have to wait for the PD to be current.
    I am finishing an MBA in two months and i have had a few interviews but not sure what the wisest thing is.

    Advise?




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  • roseball
    05-04 02:19 PM
    I was on H1B, recently got laid off (last week of February, 2009) --Since my wife is on H1B also, I changed my status to H4, which got approved a week back (3rd wk of April, 2009)...Now I've gotten to a point where I will soon be getting an offer from a company..


    Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?

    It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.



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  • help43
    09-23 02:16 PM
    I applied for H1-B amendemnt with premium processing.

    But i am unable to see any updates with my reciept number, i mean my current status still the same as before.

    do you think, do they have my h1-b amendment petition with them? or not?




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  • rsdang
    08-01 12:54 PM
    Guys,

    I like the approach however I will request all Iowa residents to call Congressman Kings again and again. Also get your friends and coworkers to call.

    Voter calls will always impact politicians...

    Lets keep the efforts on...

    Thanks



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  • add78
    02-13 11:06 AM
    do you know what is the cost of filing a LCA amendment, and is it necessary to take a copy of that LCA and hang it on the client notice board ????????

    Yes, it is MANDATORY for your employer (regardless of where the headquarters are) to issue an LCA amendment that MUST BE posted at the client location (usually by the employee) when you begin work at client site, for 10 days and sent back with date posted, where posted and date removed to the employer (faxed/scanned-emailed/mailed)




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  • thescadaman
    09-10 07:54 AM
    I ordered my IV Texas T-Shirt (regular shipping) on Sunday and this morning I got an email which said that the T-Shirt has been shipped. I think, the T-Shirts should reach by the end of this week.

    See you all in DC!



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  • ashkam
    12-03 04:46 PM
    You are welcome. Another important thing to look at (from the document) is that for the first 26 weeks of unemployment, benefits are disbursed through a fund paid for by unemployment taxes on companies, thereby not making it a public burden. After 26 weeks, however, extended unemployment benefits are paid by the federal government, which makes it a public burden, which would be detrimental to a person's green card prospects.




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  • natrajs
    03-06 02:58 PM
    yes EB3 India. I think when I look back, its just a matter of luck. Once it was RFE, second time I got a second finger printing and third time they just did'nt pick it up. But USCIS has been very promptful in approving my EADs and AP. I could be very well one of the oldest processing case sitting in the TSC shelf.
    (1700 days)

    Since the Name check mess is cleared, You will get it soon



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  • dpp
    08-02 12:56 PM
    FedEx is the best shipping company for both domestic and international.

    DHL is worse than UPS.

    It is in this order

    FedEX
    UPS
    DHL

    I have very very bad experiance with DHL.




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  • same_old_guy
    08-16 03:11 PM
    1) The company has to send a letter to USCIS to withdraw the I-129.
    2) It can withdraw at any time before or after approval. In fact it wont matter to you if you never work for the company.
    3) If USCIS rejects it, as in not selected in lottery, you will get back USCIS fee. If you withdraw it there is no refund. In any case, you dont get back lawyer's fee.
    4) Withdraw can be done anytime.
    5) No form. The company has to send a letter in letterhead stating the receipt number, asking to revoke the application.
    6) I dont think USCIS sends any confirmation if H1 is revoked by employer. In any case of H1, you dont have to worry so much. It's all responsibility of the company. It's perfectly valid to have more than 1 H1 at any time.



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  • seaken75
    07-14 10:47 PM
    USCIS is not required to return your adjustment of status applications within any timeframe. If your number becomes current before you receive your applications back, i suggest that you send in new applications and indicate on the I-485 that you submitted adjustment of status applications in July 2007 and have not yet received any correspondence from USCIS on the case.




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  • Michael chertoff
    08-22 10:31 AM
    Some Idiot fool gave me red dot with this comment "It is not a joke, the original poster is serious"
    that idiot didnt realise that I was serious too.

    MC



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  • mariner5555
    05-14 04:24 PM
    2009------we can see something happening.
    Until then Visa Bulleting is our best hope and source
    Let us pray.
    do you say the above because of presidential election or because of new quota which will be released in oct.
    if the first one is the answer - then nothing will happen even after the elections for atleast 2 years ..




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  • webm
    02-24 03:01 PM
    I have e-filed along with spouse new SSN#..no issues...

    When we sent cancel letter for ITIN,got a reply confirmation from IRS saying us to use ssn# for federal tax filing and we have revoked your ITIN..


    HTH,



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  • gc_chahiye
    11-04 11:26 PM
    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?

    unfortunately under current laws/regulations the dependent can only file when the PD of the primary applicant is current. So you'll need to wait for your PD to become current again to be able to file your wife's petition.




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  • BEC_fog
    04-23 10:55 AM
    Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.

    In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).

    All the best!!

    I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.


    04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration

    * In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
    * Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!




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  • thomachan72
    11-23 02:40 PM
    Makes perfect sense. Hopefully one day Indian and chinese EB applicants will have the complete backing of the immigrant citizens from these countries. If that happens then EB voice will be heard. Until then we can take comfort in reading such articles:o:o




    sledge_hammer
    02-20 06:06 PM
    1) What is her current status H1B or H4?
    A) H1

    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    A) It is her employer's responsibility to cancel her H-1B if he did not pay her and offer the job she was promised. In my opinion, she is already out of status.

    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    A) She will have to re-apply for H4 and re-enter the country.

    4) What are the options to get her back on H4. I have to file my extension in sept-2009.
    A) Contact an attorney.

    Members,

    I need some help to act in right direction.

    In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.

    1) What is her current status H1B or H4?
    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    4) What are the options to get her back on H4. I have to file my extension in sept-2009.

    Feedbacks, as highly appreciated.

    ~cheers




    MYGCBY2010
    07-27 02:33 PM
    Hi All,
    Has anybody used this Freedom of Information Act to obtain the information. I was going over the Form G-639 and it looks like they are asking for couple of information which I don't have and I am not sure if my employer will provide (Thats the sole reason why I want to use this act).The form is asking for the Alien Registration # and Petition #. I dont have them. Also for the information needed to search what needs to be mentioned if I need to get a copy of my Labour certification (Not sure If I could get that ) and my I-140 related documents say (Receipt Notice/Approval Notice). Any advise/input on this is highly appreciated.

    Thanks.



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