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martinvisalaw

07-15 12:27 PM

Required documents for H1B Visa renewal lists the previous employers experience letter...

Please advise me....

Thanks,
Sangeetha K

Where are you reading this? As I mentioned, an experience letter should not be needed for a H-1B visa application.

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Rajganesh

11-13 11:14 AM

I concurrently filed 140/485 on July 1st. My case was moved to Texas and the receipt date was changed to August 28th on my 140/485. When can I can invoke the AC21? Is it 180 days from July 1st or 180 days from August 28.

Any response will be greatly appreciated.

Thanks,

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thomachan72

04-15 03:52 PM

My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(

For your H1b labor aproval the company has provided both the salary they are offering you as well as the prevailing wages for that particular job catagory. I dont think it is legal for the company to pay you below what was guranteed while hiring you, particulary as it goes against the basic requirement for H1b, which is to pay equal to or above the prevailing wages. Now due to economic depression, if the prevailing wages have decreased and the labor department has taken that into account maybe things might be different. See, the basic question is whether I can obtain a H1b worker promising 100K and later pay him 65k, citing general conditions like recession?

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LostInGCProcess

08-26 01:20 PM

Are you sure about this? I don't think this is true. My wife entered using AP and works on H-1B. Note that she is a derivative on my I-485 and works on H-1 for a totally different employer.


Well, that was precisely my question...and I think your example fits perfectly with my scenario.

My wife is on a H1 which is different from my employer who is sponsoring my GC...and I got EAD and AP (although I am not using them right now still holding on to H1) and also my wife too, is on her companies H1.

She is going to India for H1 Visa stamping...and if it didn't go well for some wild reasons, she would use the AP to come back to US...after entering US using AP, can she continue to work on her H1?? Please note: her H1 is totally different from the AP, which was thru my company.

So, Little_willy, is it okay???:confused:

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sandy_anand

04-08 05:11 PM

Well glad that at least all the lawyers' websites experienced lots of traffic these past few days. Happy for them. Only visible benefit from Mr.Oppenheim's dramatic announcement about the 12000 additional visas. :rolleyes:

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hpandey

02-26 03:24 PM

Hello,
I have not seen the 485 receipt notice come through and its been over 6 months since I applied. Down the line after a few months we will have to start preparing for EAD and AP renewal and I take it we will need a copy of the 485 receipt notice to file? Any thoughts.

That's strange that you got your EAD and AP but did not get the I-485 receipt. I think its time for you to call the USCIS helpdesk and if that doesn't prove helpful then take an infopass appointment to find out what's going on .

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invincibleasian

02-21 12:26 AM

invincibleasian :

Could you please share your experience with FOIA application for I-140. Did you finally get the copy ?
Also, what all document you need to apply for it ?

I am planning to do that since my employer denied me for getting I-140 copy.

Appreciate your resposne.


Fill out the G-639 form and follow the instructions. Write a covering note clearly indicating the documents yu need and include information like lin numbers etc if available. get it notarized and mail it to the address in the instructions. yu recv a application recvd note within 20 buss days. this contains a number which you can use to track yur request. I am still waiting for my request to be completed since it has been placed on the complex track!

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invincibleasian

02-10 05:27 PM

I hope they dont flood the US from UK now. Then we will have more retrogression!

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crystal

02-04 02:42 PM

You are right only if they dont want to use EAD after they come back. If they use EAD once they come back to USA, then they are back to adjustee status.

Well..you can fall back to H-4 if something goes wrong with 485. But if you are on AP you will have to leave the country.

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zCool

01-30 01:41 PM

Sent email to all the ones below..
Use following list!

editor@lenconnect.com,editor@alconareview.com,bbro wn@allegannews.com,smurch@thealpenanews.com,letter s@annarbornews.com,edit@upnorthpub.com ,news@arenacindependent.com,argus@chartermi.net,ss mith@battlecr.gannett.com,forum@bc-times.com,newspaper@baymills.org,kmartin@mn.homeco mm.net,bcrnews@bcrnews.net,gkowalski@hometownlife. com,exponews@frontiernet.net,mseward@cadillacnews. com,kkuban@hometownlife.com,marcia.steffens@leader pub.com,rich.adams@cheboygantribune.com,ksmith@oe. homecomm.net,kmartin@mn.homecomm.net,cgoodaker@cra in.com,avalanche@i2k.net,editor@thedailyreport.com ,editor@pressandguide.com ,letters@freepress.com,letters@metrotimes.com,lett ers@detnews.com,john.eby@leaderpub.com,sean@dundee .net,edit@upnorthpub.com,rrudden@dailypress.net,sj enkins@hometownlife.com,kmartin@mn.homecomm.net,le tters@flintjournal.com,news@ncats.net,
smason@hometownlife.com,editor@gaylordheraldtimes. com,editor@ejourney.com,lpainter@grandhaventribune .com,pulse@grpress.com,gleiva@gtherald.com,dclark@ staffordgroup.com,editor@ilecamera.com,jminnis@gro ssepointenews.com,james.pruitt@hillsdale.net,Jim.H ayden@hollandsentinel.com,frontdesk@countywidenews paper.com,bsargent@mininggazette.com,resorter@voya ger.net,kniebel@hearstnp.com,editor@iosconews.com, marian@ironcountyreporter.com,news@ironmountaindai lynews.com,globenews@chartermi.net,editor@citpat.c om,frontdesk@birchrivergroup.com,rpierce@kalamazoo gazette.com,ksmith@oe.homecomm.net,sentinel@up.net ,dmelot@lsj.com,editor@countypress.com,editor@leel anaunews.com,mstuart@ht.homecomm.net dvarga@hometownlife.com,sbegnoche@ludingtondailyne ws.com,vanhulle@macombdaily.com,editor@marcellusne ws.com,msysop@hdtinfo.com,newsroom@miningjournal.n et,
Chronicle4@aol.com,mdnletters@mdn.net,editor@milan news.com ,mtrecept@ht.comecomm.net,tom@monroenews.com,tcyou ng@nemichigan.com,scoon@michigannewspapers.com,mun isingnews@jamadots.com,gcarlson@muskegonchronicle. com,donna@voicenews.com,jan.griffey@leaderpub.com, daguilar@gannett.com,cstone@ht.homecomm.net,neil.m unro@oakpress.com,editor@oceanaheraldjournal.com,e ditor@ontonagonherald.com,editor1@oscodapress.com, ksmith@oe.homecomm.net,kwint@petoskeynews.com,bkad rich@hometownlife.com,tdwalker@gannett.com,Editor@ piadvance.com,dvarga@hometownlife.com,frontdesk@bi rchrivergroup.com,gwinkelman@hometownlife.com,news @romeoobserver.com,editor@dailytribune.com,kmartin @mn.homecomm.net,letters@thesaginawnews.com,editor @stignacenews.com,editor@salinereporter.com,publis her@allegannews.com,editor@sooeveningnews,sblack@h t.homecomm.net,
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nirdlalegcade

02-26 12:34 AM

Hi one question,,,if I go home to my country to study using H4 while my GC is pending,then suddenly the GC was sent to my sister here in US,can my sister just mail my GC to me in my country so that if i go back here in the US,i can present my GC to the US immigration???uh!im confussed!thanks!

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govind440

08-30 07:05 AM

Hi

tanx for ur reply. I already quit the job since i could not bear him..any more nd his mental torture...I ma planing to give a compliant to DOL and wanna c if it can be helpful to me..Si i cnat record anymore i tohught of recording it but never really got a courage to do that. I will c if i cna sue him...
Try to record few of your conversations with him with a hidden camcorder and/or voice recorder, once you are sure you have enough evidence - talk to a good lawyer, also file for a h1b transfer and change job and once you get into your new job sue this old employer for mental agony and torture etc....... lawyer will manage this

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mrdelhiite

08-07 10:57 AM

Though its not mentioned it is good file I-134. You are not eligible for I-864.

Yes u are right about I-864. Any employement based green card like ours ( EB2/EB3) should not file it. Here is the text from the I864 form -->

Employment-based preference immigrants in cases onlywhen a U.S. citizen or lawful permanent resident relativefiled the immigrant visa petition or such relative has asignificant ownership interest (five percent or more) in theentity that filed the petition.


Thanks a ton for your help guys. :-)
-M

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bigsky

10-17 06:43 PM

I received a letter from BEC and it says
This Notice of Findings is the Department�s statement of its intent to deny the application.

The following reasons were attached in the document:

1. - The job opportunity has been and is clearly open to any qualified U.S worker.

The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)

Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.


The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.


2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750�s Parts A and B. your case file contains only one set of original ETA750�s. The other set of 750�s in the case file are photocopies. ETA 750�s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750�s.

A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.

It is the employer�s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.


I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.

Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?

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desigirl

12-02 10:12 AM

As i had indicated earlier, I spoke with my employer, he cannot do anything in terms of lobbying - but has agreed to do things. He will donate to IV and he will write a letter stating that small businesses like ours need to be able to fully utilize the capabilities of the employers...and it helps to have the green card.

Not sure who the letter needs to be addressed to, any suggestions would be helpful.

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wandmaker

02-26 05:37 PM

wandmaker ..Please read Phony postings and do not respond to these guys , they are just playing .. I m surprised senior members are not understanding the intend of the posts .

What can we help if he had problems with employer ? what can we help if he had h1-h4-h1 issues ? Every one just relax and stop replying .

I know every one wants to help others in our community but think twice before replying

I see the good intentions of your statement. Not sure, whether you really got what I really wanted to convey to to OP. Giving 1% of benefit of doubt based on (2), I was trying to find out

(1) The reason for amendment denial
(2) Whether the employer is exploiting him due to his ignorance
(3) Whether the employer is abusing the immigration system.

BTW, Dig through my posts on this thread and other - You will realize that I'm against everyone who abuses the system.

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amitjoey

05-19 04:45 PM

If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas

Is number of applications in 2001 and 2002 is > 40,000.

Its very hard to believe.

Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.

The reason it is stuck at 2001 is because a lot of people that did not belong to the EB3 queue got visas out of EB3 IN 2001. This was because of a law that was passed in 2000 that sunset in April 2001. Thousands of so called "special immigrants".. (Illegals- I guess) got them. See: http://www.usavisanow.com/245iext.html
These were individuals that came in - illegally, but their employers could not file for them. Interestingly and Ironic is that legals were not eligible to apply under that act - LIFE ACT, 2001
http://www.brama.com/news/press/010405_lifeact2000.html

Also, add the wastage that happens every year. USCIS wastes (does not use) a lot of visas every year and they lapse.

Also some years, when there was a visa recapture (I believe 2003-2004).. 50,000 of the so-counted EB3's were given away to nurses. There was a special category.

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eb3retro

05-29 10:30 PM

I have an emergency to go to India to take care of my sickly mom and I need to return back to work on July first. I am also trying to get emergency appointment. I couldnt. Could you please suggest the way I can get emergency appointment in any of the consulate.


sent u a pm pls respond. thanks

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carbon

05-18 05:12 PM

Will we be able to find by the end of 2006 wether CIR bill is passed or not ?

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smuggymba

08-13 01:48 PM

Total H1Bs sponsored by the dirty 4 Indian companies are 12000 multiplied by $2000, gives 12 million if you add same no of L1 visas its only 24 million not 600 million. Obama requires a calculator .

ROFL....obama needs a calculator

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titu1972

02-29 08:56 AM

Receipts usually sends to Attorney, who represent your case, if you signed G-28 form. You only get Notice for FP, Original EAD, AP. So don't worry abt the receipt. It should be with your attroney.

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