ksvreg
04-20 11:24 AM
I got the RFE letter today. I do not see any LUDs on my portfolio. But I got RFE by mail.
Here is the extract:
Your application contained Form I-693 in which the required Tuberculin skin test was not conducted. Please note there may be conflicting information on some published Form I-693 instructions regarding when the Chest X-ray report should be performed. It is required only when the Tuberculin skin test indicates a reaction equal to or greater than 5mm, or when the reason for why the Tuberculin skin test is medically inappropriate to perform has been annotated on the Form I-693. Please submit a newly completed form I-693 indicating the results of the required skin test.
Please advise.
Here is the extract:
Your application contained Form I-693 in which the required Tuberculin skin test was not conducted. Please note there may be conflicting information on some published Form I-693 instructions regarding when the Chest X-ray report should be performed. It is required only when the Tuberculin skin test indicates a reaction equal to or greater than 5mm, or when the reason for why the Tuberculin skin test is medically inappropriate to perform has been annotated on the Form I-693. Please submit a newly completed form I-693 indicating the results of the required skin test.
Please advise.
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hebbar77
03-15 08:51 PM
It could be discussed many times here. but I dont know the answer! Please help!
wandmaker
11-13 12:56 PM
I don't think walking in with 485 receipt will work. Call USCIS 800 number and check the status of FP notice, if required open a service request. I'm a july 2 filer, did not receive notice till 10/10 - I called on 10/12 the CSR told me that my FP notice is schedule to be printed and waiting for an appointment with local ASC. In a week time, I received a FP notice, and gonna for FP end of this month. Hope this helps
Hi Saroj,
Thanks for the info. I have not got FP notice and it has been over 4 months from I-485 receipt date. Do you think ASC will entertain FP request if I just walk in with I-485 receipt?
SJ
Hi Saroj,
Thanks for the info. I have not got FP notice and it has been over 4 months from I-485 receipt date. Do you think ASC will entertain FP request if I just walk in with I-485 receipt?
SJ
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ramyv
12-24 12:42 PM
My friend is with the current employer for the past 3 years and now she has her H1 renewed .The employer had some issues with USCIS and currently she is on bench and is planning to go to india to get married.She has an appointment in Tijuane but she is worried if the employer history would affect her chances of stamping.So she is planning to have her H1transferred but she has her marriage in feb.So what are her options of getting her stamping done?
Can she go to India with new employer documents having applied for transfer(premium processing)and have her stamping done there? Is the pay stub with the current employer compulsory?
How much time does it take if she goes for premium processing and what documents would she need from the new employer(incase the transfer is pending by the time she goes to India)?
Looking forward for some suggestions.
Thanks
Can she go to India with new employer documents having applied for transfer(premium processing)and have her stamping done there? Is the pay stub with the current employer compulsory?
How much time does it take if she goes for premium processing and what documents would she need from the new employer(incase the transfer is pending by the time she goes to India)?
Looking forward for some suggestions.
Thanks
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uppaji
04-05 04:17 PM
And provided their offices information about retrogression and IV. They aeemed to be very familiar with this issue.
leoindiano
03-25 11:37 AM
JACK WELCH supported us on CNBC Kudlows report...
I posted the link here sometime back....
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ski_dude12
09-14 11:18 AM
My current H1 expires on the 30th of September 2007. I have applied for H1 extension under premium processing and it is pending.
My Query is:
Can I work after my H1 expires on the 30th and my H1 extension is still pending? i.e. continue working based on a pending H1 application? If so, for how long?
Thanks,
-Ski
My Query is:
Can I work after my H1 expires on the 30th and my H1 extension is still pending? i.e. continue working based on a pending H1 application? If so, for how long?
Thanks,
-Ski
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mailmy_gc
05-19 03:33 PM
hi
I think these days especially (Nebraska service center) is looking for every possible to give RFE. RFE Looks like not complicated but you need to explain in detail every item.
Hope some senior members or attorney will help you.
All the best -
I think these days especially (Nebraska service center) is looking for every possible to give RFE. RFE Looks like not complicated but you need to explain in detail every item.
Hope some senior members or attorney will help you.
All the best -
more...
eilsoe
10-09 08:03 AM
why not?
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bayarea07
07-22 08:12 PM
Hello,
Wondering if anyone has a ecommerce online retail business , would be wonderful to exchange ideas and help each other.
Please PM Me.
Note - I DO NOT IN ANYWAY INTEND TO GET CONNECTED WITH AMWAY FOLKS,Amyway guys please excuse.
Wondering if anyone has a ecommerce online retail business , would be wonderful to exchange ideas and help each other.
Please PM Me.
Note - I DO NOT IN ANYWAY INTEND TO GET CONNECTED WITH AMWAY FOLKS,Amyway guys please excuse.
more...
gcgc2005
12-17 10:31 PM
Hello Everyone! Please advise me on the following agreement.
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
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sk.aggarwal
05-12 03:08 PM
Only thing to note is that your employer should have enough profit to pay you and possibly other I140s applied by him. Might be an issue for small consulting company.
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roseball
07-26 09:11 PM
My spouse was on H4 then got a job and changed to H1. Subsequently spouse lost her job and is now back on H4. I have been on H1 throughout and my six years of H1B visa expire in 2010. MY spouse I and want to get our H1 and H4 visa stamped in Mumbai consulate.
Does any one think that the changeover from H4 to H1 and then again to H4 could be a reason to be concerned about for getting the visa stamped at the consulate?
Appreciate your valauable advice.
When you wife lost her job, I assume you filed a Change of Status from H1 to H4 for her. Her status does not convert back to H4 unless you file a COS. As long as you show proof of legal stay in whatever status you were in US, and you have all supporting documents to submit during the visa interview, I dont see any issues for getting your visa. Its good to take all paystubs that your wife got while she was working on H1. I know of one case, where the visa officer asked for wife's paystubs during her H1 status though she was attending a H4 visa interview. She did not have them with her but the officer still granted her the H4 visa. But I guess she got lucky that time and its good to carry them.
Does any one think that the changeover from H4 to H1 and then again to H4 could be a reason to be concerned about for getting the visa stamped at the consulate?
Appreciate your valauable advice.
When you wife lost her job, I assume you filed a Change of Status from H1 to H4 for her. Her status does not convert back to H4 unless you file a COS. As long as you show proof of legal stay in whatever status you were in US, and you have all supporting documents to submit during the visa interview, I dont see any issues for getting your visa. Its good to take all paystubs that your wife got while she was working on H1. I know of one case, where the visa officer asked for wife's paystubs during her H1 status though she was attending a H4 visa interview. She did not have them with her but the officer still granted her the H4 visa. But I guess she got lucky that time and its good to carry them.
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martinvisalaw
07-30 01:13 PM
What new regulations are you referring to?
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sath2000
07-17 04:46 PM
Hi,
I posted the same information on FREE answers to questions from an Immigration Lawyer.
Here is my issue regarding the PD.
My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.
In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.
At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.
thank you
I posted the same information on FREE answers to questions from an Immigration Lawyer.
Here is my issue regarding the PD.
My Employer applied for labor through RIR under EB2 March6th 2004 which was then transffered to Philadelphia Backlog Center. Our Attorney suggested that we Apply through PERM process and Retain PD from the old case. Converted to PERM and applied on 09/26/2006 which was approved on 12/29/2006 but the letter said that they are not retaining PD from the old application as address is changed. Our employer moved 1 street accross in between these to application in Feb 2006. only street address changed everything including phone number remained same. My attorney said that he talked to the labor department in Chicago telling them that phone number didn't change. They said they will consider it and asked him to send a letter. It has been over 15 months he send the first letter. He said last month he also received a call from chicago office saying that they will take a look at the files.
In the meantime applied for I-140 and I-485 concurrently in July/Aug 2007. I-140 got approved on 05/28/2008 and got RFE for I-485 on 06/13/2008. responded to RFE and now case process resumed.
At this point I am trying to see if anyone have this kinda of issue and got resolved or there is away to get this resolved.
thank you
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rameshraju11
06-05 04:08 PM
Hi,
My current Attorney could not inform my employer for H1B RFE. H1B RFE supposed to be submited by May 25th. however Attorney only informed today about the RFE. Employer needs a week to submit RFE. can we submit RFE after RFE submission date ?
Thanks
My current Attorney could not inform my employer for H1B RFE. H1B RFE supposed to be submited by May 25th. however Attorney only informed today about the RFE. Employer needs a week to submit RFE. can we submit RFE after RFE submission date ?
Thanks
more...
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Blog Feeds
08-14 01:40 PM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
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maugli
03-19 03:15 PM
Hi Sir,
I have a question regarding H1B transfer and should I go premium processing or not?
Here is my case:
I was laid of from Company A (not consulting) last week. I have all my past pay stubs. That was total shock to me and got me off-guard.. It took me few days to find a consulting company B which is willing to transfer my H1B.
As any big company, A is quite prompt in sending revoke letter so I would assume they would be already doing it by now. Company B will be sending transfer papers tomorrow(Friday) or Monday.
My question is should I go with Premium Processing or not? I just dont want to take any risk where USCIS denies my case. Is premium processing going to help me here or not.
Thanks a lot in advance.
Regards.
I have a question regarding H1B transfer and should I go premium processing or not?
Here is my case:
I was laid of from Company A (not consulting) last week. I have all my past pay stubs. That was total shock to me and got me off-guard.. It took me few days to find a consulting company B which is willing to transfer my H1B.
As any big company, A is quite prompt in sending revoke letter so I would assume they would be already doing it by now. Company B will be sending transfer papers tomorrow(Friday) or Monday.
My question is should I go with Premium Processing or not? I just dont want to take any risk where USCIS denies my case. Is premium processing going to help me here or not.
Thanks a lot in advance.
Regards.
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dave25
01-24 02:32 AM
Hi,
This is my case:
1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005
2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.
3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.
4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.
5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.
Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.
Regards
This is my case:
1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005
2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.
3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.
4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.
5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.
Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.
Regards
immi2006
12-25 02:43 AM
Microsoft OS does not take greater than 2036 for some reason. I am not sure if folks use common sense, it is better for u to follow up to get it corrected, if they used common sense, you will wait AEO or something like next generation dinosaurus age for a GC :-) may be u have a futuristic PD :p
I just noticed that the I-140 my lawyer submitted 3 months ago to Nebraska has a typo in my DOB (21/07/2978 instead of 21/07/1978). Yes its a thousand years out! A copy of my latest I-94 and visa both showing my correct DOB were also submitted with the I-140.
Do any of you guys think I'll have the I-140 rejected, recieve an RFE, or will the Nebraska officer just use common sense and amend it himself? What do you reccomend I do if anything?
I just noticed that the I-140 my lawyer submitted 3 months ago to Nebraska has a typo in my DOB (21/07/2978 instead of 21/07/1978). Yes its a thousand years out! A copy of my latest I-94 and visa both showing my correct DOB were also submitted with the I-140.
Do any of you guys think I'll have the I-140 rejected, recieve an RFE, or will the Nebraska officer just use common sense and amend it himself? What do you reccomend I do if anything?
gvenkat
10-10 04:02 PM
Isnt that stupid.. I'm baffled at their brilliance? why cant they issue a reciept notice there it self.. :eek:
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