Friday, June 17, 2011

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  • Anysia
    02-26 01:42 AM
    I would like to find out if anybody here heard of H1B denial due to lack of MASTERS DEGREE IN PHYSICAL THERAPY.

    When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.

    Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.

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  • amslonewolf
    04-23 09:42 AM
    Quick question - Our firm's attorney is being super-secretive in not letting me see the labor and/or the I-140 application. My wife is a dependent on the I-140 application. The I-140 is filed using premium processing.

    Will I get a copy (courtesy) of either the receipt notice or the approval notice from USCIS directly?

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  • raysaikat
    05-07 11:10 AM
    Thank you so much Raysaikat ! The below is the explanation for 22 C.F.R. � 62.42. Do you think it's applicable for my case ? Thanks again.

    � 62.42 Transfer of program .

    (a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.

    (b) The responsible officer of the program to which the exchange visitor is transferring:

    (1) Shall verify the exchange visitor's visa status and program eligibility;

    (2) Execute the Form DS-2019; and

    (3) Secure the written release of the current sponsor.

    (c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:

    (1) The exchange visitor his or her copy of the Form DS-2019; and

    (2) A notification copy of such form to the Department of State.

    I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.

    How did you move from U. of colorado to VCU?

    It may be the case that defining your proposed change as "transfer" or a "new program" is up to the discretion of the international advisor at VCU, and the first time s/he considered the move as a "transfer" and s/he is considering the new/proposed change as a "new program". It may also be the case that since you are not changing the school, s/he is not defining it as a "transfer". You need to speak with the advisor at VCU and ask to explain the reason s/he is considering the new/proposed change as a "new program" instead of a "transfer", and ask him/her to refer you to the applicable legal definition language (e.g., section number in CFR).

    In any case, it is the international advisor at VCU who has to approve your paperwork; so you cannot get around him/her.

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  • sammyb
    03-11 02:46 PM
    great :D :D :D ...

    I too work for my wife. Example of work, doing laundry, taking kid to his day care, grocery , cleaning etc... The specific answers are below

    1. Can "A" work for his wife and also get paid in check?
    - I get nothing, why should you?.
    2. Can "A" have a second job in his wife's company and retain his original job?
    - Come on man, her majesty's service has to be your first job.
    3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
    - No comments
    4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
    - Every thing is legal, till you are caught. See Elliot Spitzer..
    5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
    - Who is this "A" you are continously referring to. Remind me of Amitabh's song. Ek rahe A , ek rahe B, Ek rahe fateh, ek rahe hum.
    6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
    - No comments
    7. Can "A" work as volunteer in his wife's company?
    - Come on buddy, you volunteered for the service the day you got married.
    8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
    -No comments


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  • Sreenuuk
    11-18 04:19 PM
    You can not do anything. You jsut need to call SSN office and find out the status, apart from that you can not do anything.

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  • thomachan72
    05-12 01:24 PM
    The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2 (
    Oops sorry about that. Thanks for correcting. These things are extremely complicated.:confused:


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  • paskal
    11-09 05:42 PM
    [QUOTE=BharatPremi;193944]:D:D:D I'm sure writing skills can right away be determined from it. Analytical skills, yes... But my career resume would not say how skillful I was dealing with local BJP/Congress/Bahujan Samajwadi corporators or local district magistrates while I was in India:D

    unless you add that stuff..yeah we will not know...feel free to add it though...sounds like you are a senator in waiting...if only retrogression could end :D

    the media group: handles all media contacts, they get interview requests and story requests and help farm them out to the right people, also help train people to stick to a crisp clear message before their own media contacts.....

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  • desi485
    08-12 12:54 PM
    in my case, the local municipal corp in india denied providing non-avaibility certificate. Because my birth is registered and I do have birth cerficate, but instead of wrong date as in your case, in my case the first name is wrong. I had my birth-name on the birth certificate which is not un-common in india. Before I started pre-school, all my cerficates from that point onwards have my current legal name.

    I did not specified YES in the column where it asks if you were known by anyother name in 485.

    The only glitch is a first-name in birth cert is diff. from my current legal name. the name of parents, date, timing, family name, birth place and everything else is true and correctly mentioned.

    how much chances do you see for me to get an RFE on this?

    My lawyer told me to submit Affdevits from my parents which I did, along with original birth certificate with wrong first name. My parents also mentioned that I was given a pet-name at the time of birth, and then decided for my current legal name. I know this is complicated...

    I found 'usa consulate' in UK website talking about such case. It suggests to have affidevits, and EARLY school records, affidevit from priests etc. who performed any religious naming ceremonies etc as the acceptable documents.

    I am keeping my fingers crossed.


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  • shirish
    08-15 03:16 PM
    One of my friend wa sin a similer situation, he received RFE though. He had indications of TB in his child hood, so the doc had done the x-ray directly, no TB test for him. He got an RFE in june. He replied with the TB test and he got his GC in july (around end of july)

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  • uma001
    03-08 02:12 PM
    usually you will be asked for W2 for those years since your priority date.It doesnt matter when you entered US initially


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  • willy007
    10-19 02:26 PM
    You are required to send a notice to your lawyer letting him know that you no longer require his/her service. Also notify USCIS in writing that your lawyer does not represent you anymore and send correspondence to you directly. If any USCIS notice addressed to you was transmitted to your former counsel, it should be available to you from counsel. You may wish to request forwarding of all post-representation correspondence that arrived after representation ceased. Although that lawyer may have no obligation to perform any services for you, the office should not impede your ability to answer USCIS requests. You should call the service center and request a copy of any correspondence that was sent to your lawyer until the lawyer sends a notice to USCIS letting them know that he no longer represents your case or until another lawyer files a G-28 for you.

    I hope this helps and good luck on your greencard chase.

    So it seems that there is no official form to file to notify USCIS that the lawyer doesn't represent me anymore right?

    My AOS is processed in Nebraska Processing Center. Is that where I should send in my notification? Thanks.

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  • pthoko
    05-31 09:30 AM

    pappu pappu is offline

    Join Date: Mar 2006
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    Default May 31, 2007
    May 31, 2007
    Dear Immigration voice members,

    We have made good progress in our membership base over the past 2 weeks. We are now more than 13,320 strong. Our members are our greatest asset and our grassroots efforts make us unique. It would be in the best interest of this community to use our energies by telling more people about this effort so that more members could join this effort.

    During the past 2 weeks we had about 20 media leads due to the efforts of our members and the media drive. This has translated into about 10 media interviews that are mostly on a national scale. There are some more media interviews in the process and we hope to have them published soon. Let us continue this media drive with enthusiasm.

    Our webfaxes, phone and email campaign has also been working. The response to it has not been as per our expectations yet. However even with limited participation we did hear comments about our campaign from some Senator offices. Hope more members take part in these campaigns. There have been some technical errors faced by few members this week. We have solved those iissues.We are also now going to pay more for a �Premium� service (3 times we pay now) so that the webfaxes can be sent smoothly without �backlogs� in the system.

    Its been more than a week since we started our funding drive for the CIR bill in Senate. We want to go all out with all our might and resources to get our provisions in the new CIR bill. As members have already seen how much this bill hurts our interests and if we do not do something ourselves we do not have much support from outside. The H1B increase provision has much attention, support for various lobbying groups and opposition at the same time from various anti-immigrant organizations. However our provisions and cause require much needed attention and support in order for us to succeed. Our cause is just and few technical changes can very well fix the problems faced by 1.1 million high-skilled applicants waiting for their greencards. For most lawmaker high skilled immigration issues only meant increasing H-1B numbers. Most lawmakers are now aware of employment based green card issues and are aware or organized effort called Immigration Voice. We have been able to convince large technology and healthcare companies/groups to recognize that employment based green card delays is a massive issue. But this is not enough for our provisions to come on the floor and be passed. Tremendous investment in lobbying efforts is required in the current CIR that is a disastrous bill for our community.

    There is a possibility that some of our provisions may get included in this CIR. Some of the amendments on Thomas already have some of our provisions along with H1B provisions. However the chance of those amendments passing is not certain.We are working hard to get something done. IV team is committed to explore every possibility and actively working towards that end. But please understand that it is not easy to get something done. There are hurdles we face due to the politics of the situation and intense lobbying of anti-immigrant organizations that are well funded. This is a hard reality. To get something done, it is of utmost importance that more members actively participate in this effort, contribute again and get new members to join and contribute to Immigration Voice. Each member visiting this forum needs to understand that it is your responsibility to actively participate in this effort because this is your effort, because this effort will solve problems that are yours and mine.

    Due to the hard work of immigration voice and its members over the past 1.5 year, many lawmakers are now ready to listen and do the needful for us. We are also working with several like minded organizations and groups to help our community. But that is not enough to get our provisions passed with a majority vote. It can be because we have not yet done our part to the extent it is required to collectively petition lawmakers with our grievances. This is one more reason why more active participation and contribution is required.

    The point is that Immigration Voice is doing everything that is possible. IV Core team member�s green card application is also pending and like other members, IV core team members are very passionate and motivated about solving the green card problems. We work hard during our regular work hours and on weekends, take vacations to travel on IV work and pay for the trip from our own pockets. We do this because we are also in this greencard mess like everyone else, and we feel responsible and commited to this effort. We all know that it is difficult to change things in Washington, especially when we are a small group. But we have experienced that it is possible that we can get our provisions passed. Immigration Voice needs more resources and this effort needs more active members. To achieve this, we need more resources in terms of contribution from all our members. (Note: Immigration Voice is Tax exempt under section 501(c)(4) of the Internal Revenue Code, since Immigration Voice is not an organization as described in section 170(c) of the code, donors may not deduct contributions that have been made) Immigration Voice would appeal all new members to please contribute and of the members who have already contributed in the past to please consider contributing again.

    With all our hard work over the past 1.5 year, we are well poised to make a difference and represent the high-skilled immigrant community in DC. Media also calls us for comments on any Immigration related news story. Other organizations and groups contact us for collaboration and to seek help. Many lawmaker offices now know us and our cause. And there is a lot that has happened since we started. Most of these things we are not able to disclose on the open forums. But please understand that we need more funds to continue this effort so that we could all see our provisions into law. Immigration Voice is not about one, five twenty of fifty of us. It is about all of us currently in the queue and those that are about to join the queue. Lobbying is very expensive and if we have hired the top lobbyists there is to help us, there are investments we need to make for it too. Now, if this is any indication of how far we have come, I assure all members that we can do it, together.

    In the past 2 weeks we got contributions ranging mostly between $10 - $100 and few $200 from roughly 100 members. I�m sure we all can do much better than that. Such amount can at best support hosting this website, pay for webfaxes and buy few hours of lobbying time from the best lobbyists there is in this country. Lobbying is the most important part of our effort and it can make a difference for our provision. Getting an amendment from a Senator�s office on Thomas is not our aim. We need to work hard to get it on the floor and be voted by a majority. This is a big task and huge lobbying effort is required if we have to go all out to get something done in this CIR bill.

    Please be assured that IV core team is doing whatever is possible with the limited resources. And regardless of what happens in the next few months, Immigration voice would urge all members and readers of these forums to please contribute to this effort. Because what IV core team will be able to achieve will ultimately depend on how much trust you put in this effort.

    Your IV team


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  • gapala
    07-09 12:26 PM
    I am working on EAD which expires on 10th Septempber 2008. I filed for my EAD on 25th June, 2008 and with the current processing dates at Nebraska, my guess is that I wont recieve my EAD until later September/early October.

    Will I have to stop working for the period when I dont have my EAD? My employer is very co-operative and will bear with me. But what are my options?

    My husband is the primary applicant of our 485 petition, so we wont have any issues of going out of status.

    I would really appreciate your advice on this.

    I am sure your employer knows about the rules around eligibility to work and will not allow any unauthorized to work even for a day past expiry date.

    Hope you will get the Renewed EAD soon before expiry of old one.

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  • gc_check
    06-15 04:16 PM
    Looks like at least they have touched or near review for all the cases filed in July 07 Rush and if Visas are available, at least in a position to approve. Aug 17th was the dead line to file the applications back in 2007 when they opened the gates. The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS Service Center as per their webpage. .Also the processing times are as of 4/30/2009.

    Does this mean, they have enough statistics to set the PD cut-off dates reasonable ???? Guess have to wait to see for FY10 VB's


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  • logiclife
    07-09 12:48 PM
    Immigration Voice cannot have individual cases that seek funds or help. Its just not the policy. If we allow that then we would have entire message board with just that issue as everyone has problems and some have more severe problems than others. We sympathize with everyone's issue but we cannot cater to individual cases as an organization.

    The organization has to restrict its goals and set the priorities on what messages and issues get homepage attention.

    Good luck Vinay. Sorry to cut this short.

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  • sobers
    07-26 03:24 PM
    Guess I've lot track of time now too

    anyway its going to be important to keep an eye on bills like these given that CIR is not going anywhere, and SKIL is not looking too good either. the 20,000advanced degree H1B exemption was introduced in the 2004-05 Omnibus Appropriations bill. maybe we can get a few simple administrative provisions like 485 filing in some bill.

    I mean last year they got the real ID provisions in the iraq spending bill. this is not anywhere as controversial as that, but we we need the will to get this through. maybe we can have a fundraising effort for just this purpose...i'm sure lots of folks would join in..

    I know you guys are doing your best under the present circumstances...


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  • immi_enthu
    09-28 05:05 PM
    That's the reason why they are now changing the receipt date to September even if you filed on July 2nd..
    I think this is just their way of saying......give us another month.

    They have already got around it. They ARE NOT receipting the applications on the actual date they receive them. They are stamping the received dates only when they 'enter' it into their system.

    The receipt date on my receipt notice days July 2nd not September. The online one says September 7th. I have evedence by document from them that my application was received on July 2nd.

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  • irrational
    04-04 02:34 PM
    Our company went with a cheapo attorney.

    But, from the lessons I learnt over time, WE have to be monitoring all these even if there is an attorney, since ultimately its our life which will be miserable. :o

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  • Ramba
    09-26 05:07 PM

    I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...

    The information you posted is not sufficient to provide any opinion. If you post complete details of your case, then someone can thro some light.

    08-16 02:56 PM
    I already have a H1B with a cap exempt employer for the last 4 years. This H1B is valid for another 2 years (6 years total). I had planned to switch my job because my current employer had refused to file for my GC.

    A contracting company that i had approached in early 2007 had filed my
    H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision is still pending. If approved i guess i can start working for the new company on October 1st - 2007.

    Now i was eligible to file for AOS / EAD thru my wife's GC petition and would rather conitnue my employment with my CAP EXEMPT employer and do not need to switch my job.
    1)How does the contracting company withdraw or VOID my H1. ?
    2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
    3) If USCIS rejects my case then do they refund filing fees + attorney fees to the petitioner.?
    4) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
    5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
    6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??

    I greatly appreciate all your help ! Thank you!

    07-24 08:39 PM
    Somebody told me that I can get a letter from Indian consulate certifying by Date of Birth using my passport and I can use that in place of the Birth certificate for 485 ?? IS this true, if yes, will this be accepted by USCIS ??

    In the first case if I proceed as of now and when I get an RFE, what should I do ???

    In most of the case Birth Certificates issued by Consulates are not accepted USCIS.Submit you Birth certificate along with two affidavits you should be fine.

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