dexter
12-16 01:37 PM
Hi All,
My perm application was denied and the resson for denial is -
"The newspaper used by the employer to advertise the job opportunity per the mandatory recruitment step provisions is not a newspaper of general circulation in the area of intended employment which has a Sunday circulation"
Once we received the denial, the attorney found out that he made a mistake in the perm application and the news paper mentioned in the perm application was not the news paper in which the advertisement was placed. Now they are filing an appeal to reverse the certifying officers decision. Also the news paper mentioned the perm application is a valid news paper for the area of intended employment. The attorney is submitting evidence to the same.
As I am in the 6th year of my H1b, what are my options? I was out of the country for 88 days in the last 5 years and can use it for H1B recapture.
Would it make sense for me to ask my employer to file for a new perm application or should I wait for the appeal's decision.
Thank you your help.
My perm application was denied and the resson for denial is -
"The newspaper used by the employer to advertise the job opportunity per the mandatory recruitment step provisions is not a newspaper of general circulation in the area of intended employment which has a Sunday circulation"
Once we received the denial, the attorney found out that he made a mistake in the perm application and the news paper mentioned in the perm application was not the news paper in which the advertisement was placed. Now they are filing an appeal to reverse the certifying officers decision. Also the news paper mentioned the perm application is a valid news paper for the area of intended employment. The attorney is submitting evidence to the same.
As I am in the 6th year of my H1b, what are my options? I was out of the country for 88 days in the last 5 years and can use it for H1B recapture.
Would it make sense for me to ask my employer to file for a new perm application or should I wait for the appeal's decision.
Thank you your help.
wallpaper Animals Wallpapers
HumHongeKamiyab
12-16 05:46 PM
Does anybody know a good employment lawyer around houston area? I need to discuss my non-compete agreement with a lawyer ?
Thanks,
Thanks,
kart2007
11-18 07:55 PM
its down, so .. so what? how does it matter?
Did you even read my first post?
No one would like their documents delivered to a wrong address, sent back and lost in mail etc?
Did you even read my first post?
No one would like their documents delivered to a wrong address, sent back and lost in mail etc?
2011 Animals wallpapers
abdulazeez77
08-14 06:06 AM
On reading my last post again, I don't think it is very clear. Let me try to explain again. When my wife comes back into the country, she needs to get a new I-94 at the port of entry. One of my friends mentioned that there is a possibility that the officer could mistakenly stamp the date on the new I-94 card as the same as on my wife's visa stamping (Dec 2007 as per my prior employer). In order to avoid this, should my wife pre-emptively submit her passport as well as transferred I-797 and I-539 and request the officer to stamp the new dates on the I-94 (Dec 2009)? Please advise.
Regards,
Azeez
Regards,
Azeez
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InTheMoment
01-08 02:59 PM
If you decide to change the last name and if you plan right all of it can be done within 1 week (speaking from experience. changed spouse's last name after 2 years of marriage and it was damn easy).
First plan where changing it is priority..something like:
> Financial (Banks, credit cards, brokers etc.)
> US Govt Agencies
Immigration (Since you have applied for AoS, might wait)
SSN
IRS (will be changed with a new return)
Local towns (only if necessary)
DMV - License
> Passport
> Workplace
then let the spouse make a notarized affidavit that says that she is making the declaration that I am the same as "old name" and "new name" and that I am making this declaration to change the name in official records, agencies etc.
Put new and old signatures and notarize it. Take the affidavit, marriage certificate (assuming that marriage is the reason for change) and then it is a simple cakewalk whereever you go.
SSN as others mentioned would be the first step, second comes passport, with both of these in new name, DL is easy.
The more you wait wider would be the penetration of the old name. That said if ones spouse wants it changed and doesn't do it now, guess will never do it. Sometimes it is only a mental block that it would be tough...thousands get married, thousands change their name. It is a well known issue ;)
Good luck !
First plan where changing it is priority..something like:
> Financial (Banks, credit cards, brokers etc.)
> US Govt Agencies
Immigration (Since you have applied for AoS, might wait)
SSN
IRS (will be changed with a new return)
Local towns (only if necessary)
DMV - License
> Passport
> Workplace
then let the spouse make a notarized affidavit that says that she is making the declaration that I am the same as "old name" and "new name" and that I am making this declaration to change the name in official records, agencies etc.
Put new and old signatures and notarize it. Take the affidavit, marriage certificate (assuming that marriage is the reason for change) and then it is a simple cakewalk whereever you go.
SSN as others mentioned would be the first step, second comes passport, with both of these in new name, DL is easy.
The more you wait wider would be the penetration of the old name. That said if ones spouse wants it changed and doesn't do it now, guess will never do it. Sometimes it is only a mental block that it would be tough...thousands get married, thousands change their name. It is a well known issue ;)
Good luck !
ameryki
01-10 08:44 PM
mate long gaps between filing is not an issue at all. save your self some money by filing it yourself. Efile is easiest but keep in mind you will have to go to your nearest immigration office once they send you appt info for your pic to be taken and also your other family members.
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nashim
06-06 04:38 PM
I am in the similar situation but we never know when and what documents are needed since every day immigration law is changing, keeping that in mind, I renewed mine and my spouse�s EAD
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meridiani.planum
07-18 10:37 PM
I have i140 approved from previous employer with PD Nov 2005 (which became current with Aug bulletin). New employer has not yet started GC and my 6 years of H1B are getting over in next 6 months.
Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.
Thanks!
yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)
Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.
Thanks!
yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)
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macrosky
07-07 06:53 PM
My new empolyer has filed h1b transfer for me using premium processing. The package was delivered to USCIS last Monday. Because my employer's email address is too long, the last 2 letters of the email address "om" (should be ".com") are missing in the printout. I found this after the package was sent out. We have not heard anything till today (7 calender days after the last Monday). Is this normal?
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songlan
12-05 08:16 AM
That's true for my case. My labor certification was denied once due to the naive aknowledge of my para-legal attorney. It caused my LC was delay 1 year then I was stuck by Retrogression. Again at filing I-485, if I have not carefully studied the immi laws and reviewed my case, my attorney might mess it up. Many times I found my non-professional, clumsy knowledge on Immi laws is even better than my para-legal attorney
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stucklabor
07-11 05:22 PM
Alabaman,
Legal is referring to me as the stuck moderator who may not like your making fun of a Representative on this forum.
I deleted a post of his that made fun of Rep. Sensenbrenner's name.
He doesn't realize that we, the IV core team, now have to go hat in hand to the same Rep. Sensenbrenner to have the SKIL bill passed through the House Judiciary committee.
Legal wants the rest of us to pay for his freedom of expression - and no value add - on this public forum.
Enough said from me on this issue.
Legal is referring to me as the stuck moderator who may not like your making fun of a Representative on this forum.
I deleted a post of his that made fun of Rep. Sensenbrenner's name.
He doesn't realize that we, the IV core team, now have to go hat in hand to the same Rep. Sensenbrenner to have the SKIL bill passed through the House Judiciary committee.
Legal wants the rest of us to pay for his freedom of expression - and no value add - on this public forum.
Enough said from me on this issue.
hot wallpaper animals.
desiron
08-09 08:54 PM
Thanks for the update... what a relief.
Ron
What if a 07/24/06 Y version of 485 is used while filing between July 30th to Aug 17th? The FAQ says that it should be version 07/30/07 Y. Any help is appreciated.
We signed on August 31st and Attorney used previous editions. i.e.07/24/06 Y version.
Update from Murthy.com
USCIS Website States Previous Editions of 485 FORM Accepted We checked with AILA and they have confirmed that we can rely on the USCIS website. AILA is also requesting clarification from USCIS to clear up the issue. Posted Aug 09, 2007 (11:00am ET)
Ron
What if a 07/24/06 Y version of 485 is used while filing between July 30th to Aug 17th? The FAQ says that it should be version 07/30/07 Y. Any help is appreciated.
We signed on August 31st and Attorney used previous editions. i.e.07/24/06 Y version.
Update from Murthy.com
USCIS Website States Previous Editions of 485 FORM Accepted We checked with AILA and they have confirmed that we can rely on the USCIS website. AILA is also requesting clarification from USCIS to clear up the issue. Posted Aug 09, 2007 (11:00am ET)
more...
house animal-fractal-wallpaper-tiger
eb3retro
03-04 05:15 PM
Is there anything i can do on H4 visa??
Yes, you can do your household work or volunteer in some local libraries or hospitals.
Yes, you can do your household work or volunteer in some local libraries or hospitals.
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horscorp
02-06 08:29 PM
Ann,
Thanks for your response, really appreciate it.
I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.
I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.
Hypothetical (and probable) scenario:
She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.
Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.
horscorp
A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.
Thanks for your response, really appreciate it.
I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.
I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.
Hypothetical (and probable) scenario:
She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.
Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.
horscorp
A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.
more...
pictures Animals Wallpapers
kothuri
07-27 09:54 AM
All,
I sent out my application to USCIS last week and while talking to a friend I realized that I had not filled the Item
"If your native alphabet is in other than Roman letters, write your name in your native alphabet below:"
I neither filled it with my native alphabet nor filled it with a "N/A" Even my lawyer has not detected this.
Is this going to be an issue? What will the USCIS do about it? Since I still have time does it make sense to send a revised form? Is some one out there who have done this?
Please let me know
Thanks
-Sri
I sent out my application to USCIS last week and while talking to a friend I realized that I had not filled the Item
"If your native alphabet is in other than Roman letters, write your name in your native alphabet below:"
I neither filled it with my native alphabet nor filled it with a "N/A" Even my lawyer has not detected this.
Is this going to be an issue? What will the USCIS do about it? Since I still have time does it make sense to send a revised form? Is some one out there who have done this?
Please let me know
Thanks
-Sri
dresses animals wallpaper.
coolpal
03-20 09:21 AM
Hi,
I am in the same boat... but a little complicated. I am working for one of the big TARP funded firms as a consultant for almost a year now. I applied for h1 extension last june (my first 3 years was ending sep 30th 2008), but that application was pending forever, and I heard there were some queries with my (ex) employer (company A) for excessive use of h1bs... so applied for h1 transfer (while the first one was still pending) to company B in Dec 2008. I received a RFE asking for client letters, contracts etc, for h1b transfer application to company B in Jan 2009, for which we responded in first week of Feb 2009 with all the requested info including W2s from my first year of H1 till now.. my application was still pending as of last week, so we applied for premium processing on friday, and yesterday, I got an update saying they sent another RFE :(
I guess the contract that we sent for the first RFE probably had the contract end date as Feb 28th 2009.. not sure, but that might be the reason for the second RFE. Problem is my client usually approves contracts 4 - 6 months at a time, and I currently have a valid contract till June 30th 2009, and I know it is being extended beyond that, but I can't get the proof until June... hope I get it approved this time :mad:
I was always paid more than the prevailing wage and was never put on bench... just had some unpaid vacation a couple of times (for 3 weeks each) for visiting India... I even worked on CPT and OPT back in 2004 and have the W2s for them as well... in fact, I even sent them paystubs for all of 2008... man what else do they want? my life?? :mad:
pal :)
I am in the same boat... but a little complicated. I am working for one of the big TARP funded firms as a consultant for almost a year now. I applied for h1 extension last june (my first 3 years was ending sep 30th 2008), but that application was pending forever, and I heard there were some queries with my (ex) employer (company A) for excessive use of h1bs... so applied for h1 transfer (while the first one was still pending) to company B in Dec 2008. I received a RFE asking for client letters, contracts etc, for h1b transfer application to company B in Jan 2009, for which we responded in first week of Feb 2009 with all the requested info including W2s from my first year of H1 till now.. my application was still pending as of last week, so we applied for premium processing on friday, and yesterday, I got an update saying they sent another RFE :(
I guess the contract that we sent for the first RFE probably had the contract end date as Feb 28th 2009.. not sure, but that might be the reason for the second RFE. Problem is my client usually approves contracts 4 - 6 months at a time, and I currently have a valid contract till June 30th 2009, and I know it is being extended beyond that, but I can't get the proof until June... hope I get it approved this time :mad:
I was always paid more than the prevailing wage and was never put on bench... just had some unpaid vacation a couple of times (for 3 weeks each) for visiting India... I even worked on CPT and OPT back in 2004 and have the W2s for them as well... in fact, I even sent them paystubs for all of 2008... man what else do they want? my life?? :mad:
pal :)
more...
makeup animals wallpaper.
rockstart
03-09 11:45 AM
Read the earlier posts. The person is not working. How will you fill I-9 when you have stopped working?
I guess then she should ask her employer to cancel her H1 (best approach) or least keep documentation of her resignation letter (backup for future RFE). Smart way is to step out of country & come back on parole. Shortcut is to work in some place for a week on I9 like Walmart.
I guess then she should ask her employer to cancel her H1 (best approach) or least keep documentation of her resignation letter (backup for future RFE). Smart way is to step out of country & come back on parole. Shortcut is to work in some place for a week on I9 like Walmart.
girlfriend Wallpapers · Animals Siberian
harish357
03-13 07:38 PM
Hi All,
I am in tough situation. Hope you can help me. I applied and got OPT card on DEC-2007. I thought I can complete my MASTER's by that time but one of my proff gave me D grade and according to University rules, I cannot graduate if I have D grade in Graduating Semester(Even though I have 3.09 GPA including that subject). Right now I enrolled in an online course and I will graduating in MAY2008, at the same time I am in Consultancy who are applying for my H1. They don't have any idea about my Case and are really confused when I gave the Graduation status letter that was issued by our University.
This is the matter that I have in my Graduate Status letter.
"This is to verify that harish is graduate student in good standing, currently working on Master of Science degree with a major in Electrical Engineering. He has successfully completed 30 of the 33 required hours of enrollment on his graduate plan of study, and is currently enrolled in the remaining three hours. He has passed his exit examination, and has submitted his application for the degree for the spring semester of 2008. Provided that he successfully completes his final enrollment, he would be awarded his degree. Spring 2008 degrees will be officially conferred on May 26th, 2008. Diplomas and official transcripts that display spring awards will become available approximately the third week of July, 2008"
Is this enough to apply for H1 in Master's Quota? if not what is the right way to apply and get H1 safely. I am planning to apply H1 with Bachelors even to be on safe side but we all know the chance of getting H1 with Bachelors is very less.
Please help me what to do with this situation and having letter from the university.
I am in tough situation. Hope you can help me. I applied and got OPT card on DEC-2007. I thought I can complete my MASTER's by that time but one of my proff gave me D grade and according to University rules, I cannot graduate if I have D grade in Graduating Semester(Even though I have 3.09 GPA including that subject). Right now I enrolled in an online course and I will graduating in MAY2008, at the same time I am in Consultancy who are applying for my H1. They don't have any idea about my Case and are really confused when I gave the Graduation status letter that was issued by our University.
This is the matter that I have in my Graduate Status letter.
"This is to verify that harish is graduate student in good standing, currently working on Master of Science degree with a major in Electrical Engineering. He has successfully completed 30 of the 33 required hours of enrollment on his graduate plan of study, and is currently enrolled in the remaining three hours. He has passed his exit examination, and has submitted his application for the degree for the spring semester of 2008. Provided that he successfully completes his final enrollment, he would be awarded his degree. Spring 2008 degrees will be officially conferred on May 26th, 2008. Diplomas and official transcripts that display spring awards will become available approximately the third week of July, 2008"
Is this enough to apply for H1 in Master's Quota? if not what is the right way to apply and get H1 safely. I am planning to apply H1 with Bachelors even to be on safe side but we all know the chance of getting H1 with Bachelors is very less.
Please help me what to do with this situation and having letter from the university.
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illinois_alum
03-05 09:11 PM
your wife is exempt from EAD/AP fees. If you apply online for her EAD or AP, the system will automatically figure that out and will not charge anything additional
dyamannavar
11-28 10:15 AM
I had a LUD on I140 as well on 11/25. I140 was approved last year.
Rajeev
Rajeev
vvicky72
09-09 03:53 PM
http://www.h1bfraud.com
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