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help me with this guys: My employer applied for an H-1B under the Master's cap, but I've been RFE'd. I think this is cause the job is classified as only requiring a Bachelor's degree. If that is the case, would it be possible to withdraw my application and reapply under the regular cap? Is this a good idea? And am I right that there are tougher requirements for being accepted in the Master's cap than the regular cap?

I'm meeting with my boss tomorrow to discuss this so please reply quick!!!

My PD is Oct 2004 .Received I-140 RFE Ability to pay.RFE date Jan 2nd 2009.They have asked for Tax returns for 2006 and 2007 (2004 and 2005 were submitted during filing).They have mentioned that we also have the option to submit W2 ,Audited statements or Annual reports.The company is a small company with 20-30 employees and is doing pretty well .For 2004 ,2005 and 2006 their net incomes is about 3-4 times my proffered wage.But there is an issue for the 2007 return.Their year ends in June and hence 2007 return was due on September 2007 for which they have filed an extension.Hence returns are not due till March 2009.RFE has to be responded to by Feb 2nd.They have paid an estimated tax of about 34000-35000 .My proffered wages are 52000.Hence if one calculates the estimated income it is in line with the previous years and is about 3 times my wages.But there is no return only extension notice and proof of taxes paid .I do not work for them right now and have no W2.They do not have any audited statement or annual report.I am trying to get them to give me a statement from their CPA stating estimated revenues,net income and tax for 2007 but I am being given the run around.If I were to submit only with the 2006 return and 2007 extension filed with proof of tax paid is it OK or do i most definitely need that letter from their CPA.I doubt I can get anything more than the CPA letter and that too is doubtful.Business owner perceives CPA letter not needed attorney states needed.I am in a limbo.Please help .Do I also need statement showing income from July 2008 through December 2008 to show current ability to pay as advised when they have asked only for 2006 and 2007 returns.PLEEEASE HELLP AND GIVE YOR ADVISE.

Hi All,

I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.

I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.

I am in the similar boat, don't worry your wife can always take etc classes as electives, and complete her one year. You can always pick etc classes, and make sure you remain in legal F1 visa status.

Sure...
Green card is for future employment. When the company files your labor it mentions and shows that it can support the wages for that position.
Example
If the wages mentioned in the labor is 80K and you are getting paid 70K then the IO might want to see if the company is making 10K in profit so that they can pay you 80K.

So if your current employer is making a profit => your prevailing wage then
you are good.

This is what my lawyer told me...you talk to yours

123,

Yes. U have to file a G28 for ur spouse. I am in a similar situ and am in the process of doing so myself.

As for the actual porting, did u do an H-1 transfer or did u start at ur new company using ur EAD? If u did transfer over ur H-1 did u wait until u got the actual USCIS receipt to start work?

Does anyone know what what legal expenses one might ...once form G-28 is filed for a new lawyer to represent an applicant (I-140 has been approved and I-485 was filed more than 180 days ago)??

Hi All,

I have used AC21 to switch employers. I also changed attorney using G28.

Do I need to file G28 for my spouse as well for the new attorney?

Any help will be appreciated.

Thanks

Hello Friends

I am observing the alerts and discussions here and also the current political activities.Such a pity that we dont mean anything compared to those who broke the law to enter here.
Anyways we are part of this system and have to keep fighting till we go down.
I have a suggestion: Can we make a online petition focussing clearly on just eb provisions in the bill coming to the floor . We can make immigration voice as the sender and send to only senate judiciary committee members .
We should also let them know that our community is closely following senate proceddings and actvities and would request to know their stand on our plight. I dont think those guys know we exist for one or second we r watching them close.Why would they talk of us if they dont know we r watching..
we should ask them for answer:do u want us to leave now as its not possible for a eb3 indian to stay on in one job for years waiting for gc. or do u really want tohelp us out.
i think a single petiition with thousands of signs would be better right now as time is limited. any thoughts..if u guys approve we have to work real fast on it.

I think cash for clunkers did this GDP increment, to an extent artificial. But still banks are reluctant to give loans to small business. Let us hope consumer spending increases next year leading to the natural increment of GDP

There is no requirement that states your employer has to buy your return aeroplane ticket. Hopefully you will be able to find another position.

You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.


For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf


For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf

Quote from page 27 of above document when you have not filed I-485

(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).

I got my GC last year... My wifes PD is the same as mine which is Sept 2003... She has been current for a while... 2 infopass and several SRs... no luck yet!

Ours got approved approved today 10/01/2010.

Cheers
Raj:)

I want to change my job from an university to a company.

I know I have to apply for industrial H1b , but I am not sure whether I MUST wait till 1st Oct to start work.

Does anyone have idea? thanks!

see the attachment....or check the URL

http://www..com/visas/h1b/h1b-petition-amendment.html

Wife got FP notice yesterday. None for me or my daughter. USCIS now has a new procedure where they will update the criminal background check without new fingerprints, unless old FP are unusable for whatever reason....That means no GC until end of July with all the remaining processing :(

Was hoping to be out of this agony earlier.......
Hopefully no retrogression in Aug.

Hi Ramesh,

Online case status is often incorrect, incomplete, or out-of-date. I would say it is correct about 70% of the time. That leaves a lot of room for error. Please don't think it will "save you" for being late on an RFE response.

You should not think everything is OK simply because online case status fails to mention the RFE being issued. (By the same token, you should not necessarily panic if online case status never acknowledges receipt of your RFE response, even though you have proof from FedEx that you sent it.)

As Elaine Martin said, the overwhelming odds are that your application will be denied due to the RFE deadline being missed by such a great deal. However, what is there to lose at this point by trying? Try to have the attorney explain as best s/he can the reason for the delay, and hopefully CIS will accept the late response. But be prepared for the likely denial.

Actually I have an L2 not an L1...hence the need of an EAD before the green card...

Now that you have the GC, quit worrying about expired EAD and all that crap. Enjoy the freedom and privileges of green card life. Don't worry about trivial things like EADs now.

I have a question regarding my spouse who is on H4 visa.One of the company did H1b processing through "CONSULAR PROCESSING". Her H1B is approved now.

1) She is ready to work from Oct 1st as she got some project.Her employer said that they have to apply for amendment(COS) to get I94. Is this right?

The company either has to file a COS or she needs to leave the US and re-enter in H-1B status.

2) How many weeks will it take under premium processing to get new I94
15 calendar days for CIS to make a decision

3) Do they have to apply only after Oct 1.
No. Since she is already counted towards the cap, they can apply now but the start date will be 10/1 or later.

4) Are there any chances of getting rejected at this stage.

There's always a chance of a denial, but the risk is low if she is maintaining H-4 status when the COS is filed.

My Indian passport is going to expire very soon and my visa has also expired.
I have applied for extension for 3 years.

Will I face any problems in getting new passport from Indian Embassy?
Has anybody done that before?

I am sorry if this is not right place to write about it...

thanks

1. Yes it is true that nurses and physical therapists dont need to undergo any labour certification process. They can file the I140 directly. The only thing that they need to do before filing an I140 is that the hospital in which they are working will have to post an internal ad for 10 days. The ad will display the nurse wage and other details. Once you are done with displaying it for 10 days they can file the I140 directly.

2. Nurse dont fall under H1B category. There is a specail category called T1 visa under which they fall. Since nurse degree is not at par with other graduation degrees like physical therapists they will not fall under H1. Irrespective of that, if the GC is filed for a nurse it will automatically go under the EB3 category.

PTs and nurses had a special provision in 2005 and 2006 where they were getting green card on arrival. It is called a Schedule A category which gave 50k visas to these medical professionals few years back. At that time the requirement for nurse and PT was quite high and that's what caused the Bush administration to introduce those 50k visas. These visa exhausted soon and since Oct 2006 this category is also retrogressed.

We dont know when the nurses and PTs will see the relief again; till then they continue to fall under the long EB3 queue.

Hope that helps

#1 is really a nice shot Antonio. Good lighting, shadows and balance. I am also impressed with your concert photography pictures at your website. BRAVO!
Bill

I added a few new photos in the last couple weeks.

What ya'll think? Anything decent? Any words at all:o

Here's the link to my gallery:
http://www.dphoto.us/forumphotos/showgallery.php/cat/500/ppuser/2136

Thanks