royus77
09-22 07:40 PM
This is a good bill for people who are already on H1 and EAD ...what's wrong that in bringing the jobs back home ?
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snathan
04-15 06:32 PM
Hello,
You have no idea how I am desperate and will appreciate your help.
I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.
The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.
My only visa has really been revoked so I really overstayed 7 months.
Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.
Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.
Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?
Thanks a lot for your advises
As you overstayed more than 180 days...you might be barred entering the US for 3-10 years. But there is no other option for you..
Good luck
You have no idea how I am desperate and will appreciate your help.
I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.
The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.
My only visa has really been revoked so I really overstayed 7 months.
Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.
Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.
Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?
Thanks a lot for your advises
As you overstayed more than 180 days...you might be barred entering the US for 3-10 years. But there is no other option for you..
Good luck
Bpositive
01-02 10:41 AM
Appreciate the responses...my concern was whether a potential H1B denial would cause problems at port of entry when using Advance Parole...
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DallasBlue
07-13 09:50 PM
Special thanks and hats off to all who are participating in the rally !!
more...
BimmerFAn
05-29 09:34 AM
I am posting this so that others may benefit from my experience and also not repeat the same mistakes that I made.
I originally came to the United States when I was 9 years old in 1996 as a J-2 Dependent. I finished my grammar school, high school and college here. I started working on OPT and tried to figure out a way to get an H1-B visa since I knew that I was subject to Sections 212(e) � 2 year home residency requirement, which prohibited me from obtaining H or L status or pursuing permanent residency.
It was only after I consulted with a top tier immigration attorney that I found out that in certain circumstances J-2 dependents can apply for a waiver separately of the J-1 principal. The waiver for a J-2 dependent falls under the same procedures as an Interested Government Agency (IGA) waiver, except that if selected for a waiver, the Department of State will act as the IGA on your behalf. The attorney told me that the process to obtain a waiver could take anywhere from 3 months to a year, with 6 months being the projected average.
To apply for the waiver I had to send the DOS mine and my family�s visa history, complete photocopy of my passport, translated copy of my birth certificate, a printed copy of the application I had to fill out online through the DOS website, and a statement of reason (SoR). The SoR is the most important document since it gives you a chance to persuade the Waiver Review Board that you should be allowed to remain in the United States. Basically, since I came here when I was very young, I wrote about my academic, charitable and professional contribution to American society over my 14 years here. I mentioned that I had no ties to my former home country and was financially independent from my parents. I also wrote about how my career as a CPA benefits US companies and US economy, and how US financial reporting standards are vastly different that those of my home country etc. Moreover, I submitted other materials supporting my SoR such as my academic transcripts, employment offer letter, paystubs, CPA license, letter supporting my involvement with various charities, and a letter from the J-1 principal explaining their program and my relationship to them.
The Department of State recommended me for a waiver in just 2 business days after they received my documentation. The USCIS approved the waiver a week after receipt. The attorney submitted an H1-B petition for change of status (premium processing) as soon as the DOS sent the Favorable Recommendation to the USCIS. In most cases, to apply for an AOS all you need is a copy of the favorable recommendation the USCIS will adjudicate both simultaneously under premium processing. The USCIS took 14 nerve racking days to process it, but ultimately they approved the petition.
Overall, the process to waive the 2 year HRR and obtain an H1-B visa took me only 1 month and I count myself very lucky. I wish I had acted on it sooner, but before speaking to the attorney�s I had no idea a waiver was even an option and could only think of nightmarish scenarios. I will monitor my post in order to answer any questions you may have. I would want nothing more than for others to learn and benefit from my experience and save themselves the agonizing stress that I went through.
Please find the complete timeline for my process below. From speaking with my attorney I heard that my timeline is rather extraordinary so please do not think that all processing times are exactly the same.
Applied for a Waiver with the DOS: 4/22/10
Received by DOS: 4/30/2010
Response: Favorable Recommendation 05/04/2010
Received by the USCIS @ VSC: 05/07/2010
Waiver Approved by USCIS: 05/15/2010
H1-B Filed under PP with the USCIS: 05/07/10
H1-B Received by the USCIS: 05/11/10
Decision: H1-B Approved 05/25/10
I originally came to the United States when I was 9 years old in 1996 as a J-2 Dependent. I finished my grammar school, high school and college here. I started working on OPT and tried to figure out a way to get an H1-B visa since I knew that I was subject to Sections 212(e) � 2 year home residency requirement, which prohibited me from obtaining H or L status or pursuing permanent residency.
It was only after I consulted with a top tier immigration attorney that I found out that in certain circumstances J-2 dependents can apply for a waiver separately of the J-1 principal. The waiver for a J-2 dependent falls under the same procedures as an Interested Government Agency (IGA) waiver, except that if selected for a waiver, the Department of State will act as the IGA on your behalf. The attorney told me that the process to obtain a waiver could take anywhere from 3 months to a year, with 6 months being the projected average.
To apply for the waiver I had to send the DOS mine and my family�s visa history, complete photocopy of my passport, translated copy of my birth certificate, a printed copy of the application I had to fill out online through the DOS website, and a statement of reason (SoR). The SoR is the most important document since it gives you a chance to persuade the Waiver Review Board that you should be allowed to remain in the United States. Basically, since I came here when I was very young, I wrote about my academic, charitable and professional contribution to American society over my 14 years here. I mentioned that I had no ties to my former home country and was financially independent from my parents. I also wrote about how my career as a CPA benefits US companies and US economy, and how US financial reporting standards are vastly different that those of my home country etc. Moreover, I submitted other materials supporting my SoR such as my academic transcripts, employment offer letter, paystubs, CPA license, letter supporting my involvement with various charities, and a letter from the J-1 principal explaining their program and my relationship to them.
The Department of State recommended me for a waiver in just 2 business days after they received my documentation. The USCIS approved the waiver a week after receipt. The attorney submitted an H1-B petition for change of status (premium processing) as soon as the DOS sent the Favorable Recommendation to the USCIS. In most cases, to apply for an AOS all you need is a copy of the favorable recommendation the USCIS will adjudicate both simultaneously under premium processing. The USCIS took 14 nerve racking days to process it, but ultimately they approved the petition.
Overall, the process to waive the 2 year HRR and obtain an H1-B visa took me only 1 month and I count myself very lucky. I wish I had acted on it sooner, but before speaking to the attorney�s I had no idea a waiver was even an option and could only think of nightmarish scenarios. I will monitor my post in order to answer any questions you may have. I would want nothing more than for others to learn and benefit from my experience and save themselves the agonizing stress that I went through.
Please find the complete timeline for my process below. From speaking with my attorney I heard that my timeline is rather extraordinary so please do not think that all processing times are exactly the same.
Applied for a Waiver with the DOS: 4/22/10
Received by DOS: 4/30/2010
Response: Favorable Recommendation 05/04/2010
Received by the USCIS @ VSC: 05/07/2010
Waiver Approved by USCIS: 05/15/2010
H1-B Filed under PP with the USCIS: 05/07/10
H1-B Received by the USCIS: 05/11/10
Decision: H1-B Approved 05/25/10
brij523
02-17 08:16 AM
Good job Varsha.
As promised I have prepared the list of 110th congress member and send to Himanshu. Hope he likes the format.
I am working on getting appointment with our congress member - John Barrow of GA.
Based on the list I prepared, it seems maximum number of congress member come from NY,NJ,FL,CA,TX,IL. So I think member from these states have to be more active.
As promised I have prepared the list of 110th congress member and send to Himanshu. Hope he likes the format.
I am working on getting appointment with our congress member - John Barrow of GA.
Based on the list I prepared, it seems maximum number of congress member come from NY,NJ,FL,CA,TX,IL. So I think member from these states have to be more active.
more...
jungalee43
12-11 11:01 AM
Very good catch. South Korea (& Philipines) falls under ROW and got a lot more EB3 visas than India. So if EB3 is born in South Korea, s/he would get GC in three years where as we are rotting for last eight years. The only reason is the country of birth. How unfair and discriminatory! Is this pre-planned?? And hardly any lawmaker is concerned. Hard to believe this is USA.
Country EB1 EB2 EB3
S Korea 1,923 7,125 4,727
Philippines 310 2,057 5,625
UK 3,472 2,043 909
Canada 2,368 3,404 1,207
Mexico 1,457 1,348 4,021
Now the question is why is there no 7% quota for South Korea ?
Country EB1 EB2 EB3
S Korea 1,923 7,125 4,727
Philippines 310 2,057 5,625
UK 3,472 2,043 909
Canada 2,368 3,404 1,207
Mexico 1,457 1,348 4,021
Now the question is why is there no 7% quota for South Korea ?
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Michael chertoff
10-06 03:36 PM
Troll alert. Avoid responding to these posts.
just a humble question.. whats wrong in responding to this kind of posts. i dont see anything wrong in suggesting or helping other people like us.
atleast he is not posting anything bad against IV or any religion or anything negative.
MC
just a humble question.. whats wrong in responding to this kind of posts. i dont see anything wrong in suggesting or helping other people like us.
atleast he is not posting anything bad against IV or any religion or anything negative.
MC
more...
menimmigration
07-19 11:32 AM
BMSI,
My lawyer filed her I-485 on July 16'th and the application was delivered on July 17'th , We got to know about the approval from the USCIS website on July 18'th On July 16'th,17'th atleast till 9:00 PM EST status said My Case is Pending approval
Till now I hav'nt got any physical notice (Lawyers confirmed the same)
My lawyer filed her I-485 on July 16'th and the application was delivered on July 17'th , We got to know about the approval from the USCIS website on July 18'th On July 16'th,17'th atleast till 9:00 PM EST status said My Case is Pending approval
Till now I hav'nt got any physical notice (Lawyers confirmed the same)
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gcwait2007
12-25 10:12 PM
If you are stuck in name check over a year and PD was current, you can file WOM. Add the Secretary of State (Rice) as a defendant. Check this order where the court ordered the government to issue visa numbers (!) to long-delayed AOS applicants.
http://immigrationportal.com/showpost.php?p=1838094&postcount=14850
Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
http://immigrationvoice.org/forum/showthread.php?t=16266
Guru Lazycis,
The information posted by you in Immigration Portal is very useful and informative and encouraging. You are a great guy, if u r male. Great lady if u r female. Please accept my salutes and regards.
Thanks a lot.
http://immigrationportal.com/showpost.php?p=1838094&postcount=14850
Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
http://immigrationvoice.org/forum/showthread.php?t=16266
Guru Lazycis,
The information posted by you in Immigration Portal is very useful and informative and encouraging. You are a great guy, if u r male. Great lady if u r female. Please accept my salutes and regards.
Thanks a lot.
more...
snthampi
08-16 02:24 PM
Hi ,
I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
Thanks,
Srikanth
As @hebron suggested, complain to DOL. Prepare records for proving that you didn't get paid for significant amount of time to defend yourself.
I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
Thanks,
Srikanth
As @hebron suggested, complain to DOL. Prepare records for proving that you didn't get paid for significant amount of time to defend yourself.
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konga1978
01-22 10:34 AM
Hi friends,
I live in weston (south florida). This thread is effort to gather as many as we can from south florida, help and bring awarness regarding Green Card processing to make things work faster.
Cheers,
Naveen
I live in weston (south florida). This thread is effort to gather as many as we can from south florida, help and bring awarness regarding Green Card processing to make things work faster.
Cheers,
Naveen
more...
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GooblyWoobly
07-18 07:23 PM
Even my case is similar. I requested my attorney to file my EAD and AP along with I-485 at the same time. But they did not apply for EAD and AP and but instead just filed I-485. Now they are saying they can't file for my EAD and AP until they get the I-485 receipt notice. What a mess??? Now I've pay lots of amount for EAD and AP. By the way my attroney is Murthy Law Firm. I bet yours would be the same
Actually my attorney is not Murthy. It's my employer's attorney, and they are pretty good. It was a company decision not to file EAD/AP since we were sure at that time our application will get rejected. It was just a mean to get onto the lawsuit beneficiary.
Actually my attorney is not Murthy. It's my employer's attorney, and they are pretty good. It was a company decision not to file EAD/AP since we were sure at that time our application will get rejected. It was just a mean to get onto the lawsuit beneficiary.
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srikanthmavurapu
08-16 04:03 PM
It all depends if you have a written agreement that prohibits you from working with the current employer. If there is no contract, you are safe. It seems that there is no such contract that either you signed with your ex-employer or middle-men.
If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.
In the Employee Agreement which i signed there is clause saying i cannot work for the same client directly or indirectly for one year . I don't think i signed any contract with ex-employer or middle men. I don't even have the copy of contract document(purchase order) when i got this job offer at this client.
I will complain to DOL just thinking to talk to a Lawyer first but i will complain to DOL this week at any cost.
Thanks,
Srikanth
If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.
In the Employee Agreement which i signed there is clause saying i cannot work for the same client directly or indirectly for one year . I don't think i signed any contract with ex-employer or middle men. I don't even have the copy of contract document(purchase order) when i got this job offer at this client.
I will complain to DOL just thinking to talk to a Lawyer first but i will complain to DOL this week at any cost.
Thanks,
Srikanth
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kirupa
01-06 12:57 PM
"Conflict of Interest" is my middle name...s.
:P
:P
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guygeek007
11-06 02:17 PM
Hang in there my friend. My 140 was first filed in Jan 2006 and was RFE'd for ability to pay. This 140 was withdrawn and was refiled by my company's sister concern in June 2006. We waited for a year and then in June 2007, applied for premium processing just before that was closed down. The check and request for premium were returned with the reason that the original labor app was not provided. Then we received an RFE for ability to pay yet once again in Sept 2007. This was addressed in a very detailed fashion by the HR & CPA working closely with my attorney. Finally on Oct 31st there was the approval notice. Thus, my advice to you would be stay put and patient and it'll all work out. Good Luck!
Congrats...I see hope from your case.
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
Congrats...I see hope from your case.
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
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eastindia
04-08 08:39 AM
Looking at this issue, isnt' it USCIS who is at fault here ?
How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?
This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.
This is really wonderful.
USCIS should be screwing people who used Substitute labor. They should even revoke or issue RFEs to all peoples who got Greencard using Substitute labor. I am sure the queue is get very very short if this happens. let us not allow these people who jumped in this queue.
I am writing to USCIS about this. Let us all write to USCIS, Ombudsman and also on USCIS blog about this.
How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?
This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.
This is really wonderful.
USCIS should be screwing people who used Substitute labor. They should even revoke or issue RFEs to all peoples who got Greencard using Substitute labor. I am sure the queue is get very very short if this happens. let us not allow these people who jumped in this queue.
I am writing to USCIS about this. Let us all write to USCIS, Ombudsman and also on USCIS blog about this.
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permfiling
01-18 10:47 AM
If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
Talk to them if you have not started work, you might just have to pay the H1B fees
I dont think it is reasonable amount if it is 15k then why the employer will bother for a H1 in the first place in this volatile economy...I think it is around 4000k etc
Talk to them if you have not started work, you might just have to pay the H1B fees
I dont think it is reasonable amount if it is 15k then why the employer will bother for a H1 in the first place in this volatile economy...I think it is around 4000k etc
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karthiknv143
07-16 01:49 PM
r there any updates to anything ? :eek:
nidar
03-05 11:04 AM
just did
nviren
04-13 07:58 PM
The following doc, 'How the senate bill becomes a law' does not mention any waiting period after President's sign the bill to become a law
http://www.senate.gov/reference/resources/pdf/legprocessflowchart.pdf
http://www.senate.gov/reference/resources/pdf/legprocessflowchart.pdf
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