lazycis
01-15 10:48 AM
Hi!
I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.
I was wondering if you know of any law that I can show them and ask them to pay for the same.
Thanks in advance :)
-Supported the million dollar drive
Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998
Sec. 413 (a)(vi)(II)
"It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who
is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee."
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Legal fees may be different.
I was wondering if you guys know any link on Dept on labor (or uscis.gov) that says that employer is responsible for all the legal(lawyer) fees. I work for a government firm and they only pay H1b fees that they are supposed to pay to USCIS. At the same time, they force me to hire a lawyer (I cannot file it myself) and they want me to pay for the lawyer.
I was wondering if you know of any law that I can show them and ask them to pay for the same.
Thanks in advance :)
-Supported the million dollar drive
Title IV, Pub.L. 105-277 (October 21, 1998) "Workforce Improvement Act" (ACWIA) of 1998
Sec. 413 (a)(vi)(II)
"It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who
is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee."
http://www.nafsa.org/_/Document/_/acwia_-_american_competitiveness.pdf
Legal fees may be different.
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GCFROMOHIO
05-04 10:39 PM
Hi All,
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
Recently I received an RFE on my Wife's 485 application asking to prove that we both are still married. My lawyer is asking for around $400 to respond to this RFE, We have already paid the lawyer about $7500 until now for our GC process and she is no longer the preferred lawyer for the company that I am working for, but I had to keep my case with her as she has processed all of my applications until now. My questions are:
1. Can we ourselves respond to the RFE and save the $400.00,
2. If so, What's the process and what documents that we need to send to prove that we are still married.
Appreciate all of your help in this regard.
Thanks
485Mbe4001
09-14 06:48 PM
:D we could hold town hall meetings and discuss this issue, unfortunately we dont have the taxpayers money to blow...
my guess, nothing will happen till november.. they are all posturing for votes at the moment. After november they will all go with the ones who lobby the most :eek:
Who will help us? Dems or Reps?
SKILL is introduced by Reps in both houses. Anybody has any
idea what Dems think about SKILL? Its all confusing to me.
If Dems take congress, I think they may not worry about SKILL
since there is no bipartisan support for the moment. What you guys
think of it?
my guess, nothing will happen till november.. they are all posturing for votes at the moment. After november they will all go with the ones who lobby the most :eek:
Who will help us? Dems or Reps?
SKILL is introduced by Reps in both houses. Anybody has any
idea what Dems think about SKILL? Its all confusing to me.
If Dems take congress, I think they may not worry about SKILL
since there is no bipartisan support for the moment. What you guys
think of it?
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danu2007
08-03 05:34 PM
My I-140 is approved.
But as per the August visa bulletin all the country visa numbers are U right. The August 17th is just an extension for the July visa bulletin rollback right?
But as per the August visa bulletin all the country visa numbers are U right. The August 17th is just an extension for the July visa bulletin rollback right?
more...
punjabi77
10-08 12:13 AM
Can someone on this forum please let me know if i can keep my Canadian PR after my 485 is approved?
I dont think approval is going to come that soon for me (I am in EB3 category PD 09/06).
Reason i have asked the above question is because i have my Canadian PR and i know that i can stay outside canada for 3 yrs out of 5 years to maintain PR.
Incase, 485 does not approve in 3 years, then i have to move to Canada to maintain my PR (no option left).
But incase,485 does gets approved within 3 yrs then i will be in a fix as to whether i should keep PR or GC.
Now if there is an option to keep both, then it is gr8, but what if there is no option. i certainly dont want to loose my Canadian PR as i think in long term Canadian Citizenship is better.
Someone please respond.
I dont think approval is going to come that soon for me (I am in EB3 category PD 09/06).
Reason i have asked the above question is because i have my Canadian PR and i know that i can stay outside canada for 3 yrs out of 5 years to maintain PR.
Incase, 485 does not approve in 3 years, then i have to move to Canada to maintain my PR (no option left).
But incase,485 does gets approved within 3 yrs then i will be in a fix as to whether i should keep PR or GC.
Now if there is an option to keep both, then it is gr8, but what if there is no option. i certainly dont want to loose my Canadian PR as i think in long term Canadian Citizenship is better.
Someone please respond.
rahul2699
05-19 11:32 AM
you need to spend 12 months outside of US to apply -- My understanding is that you have to wait 12 months before applying.
more...
jthomas
04-04 09:49 PM
I need expert advice -
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
With EAD you are okay.
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
Answer :- I don't think so. If you are doing a part time job and if USCIS comes to know because of 1099 you may have a problem. I don't think you will have a problem if you accept cash and a evidence you never worked but helped your friend.
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
Answer :- AP is used for emergency. I don't know much but one of IV members went to india and was working for his employer from india.
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
Answer :- Keep renewing your AP and you need to be present in US when AP is been renewed. I am not sure of it. Sorry.
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
With EAD you are okay.
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
Answer :- I don't think so. If you are doing a part time job and if USCIS comes to know because of 1099 you may have a problem. I don't think you will have a problem if you accept cash and a evidence you never worked but helped your friend.
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
Answer :- AP is used for emergency. I don't know much but one of IV members went to india and was working for his employer from india.
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
Answer :- Keep renewing your AP and you need to be present in US when AP is been renewed. I am not sure of it. Sorry.
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prabhu07
05-21 11:44 AM
@gcformeornot - Thanks for the reply. Its my current employer who has applied for H1 as my L1 is maxing out, so, I am not in a total rush to change employers.
@surabhi - Thanks for the detailed reply, much appreciated. Your answer to my #2 question just made my day. I just wanted confirmation that I can still use my old priority date. I have no problems starting with a new labor, new I-140, as long as I can retain my old Priority date. Will you get real mad if I ask "can you re-confirm your answer" ? :D Nonetheless, Thanks a bunch again. :)
@surabhi - Thanks for the detailed reply, much appreciated. Your answer to my #2 question just made my day. I just wanted confirmation that I can still use my old priority date. I have no problems starting with a new labor, new I-140, as long as I can retain my old Priority date. Will you get real mad if I ask "can you re-confirm your answer" ? :D Nonetheless, Thanks a bunch again. :)
more...
Humhongekamyab
08-13 01:36 PM
Got Four Reds and "rupaki?" for the Raj Balsar thread :)
You are in favour of (posted) sports news and got four red. I am not in favor or (don't want such news posted) and got four reds.
I guess we cant make everybody happy.
You are in favour of (posted) sports news and got four red. I am not in favor or (don't want such news posted) and got four reds.
I guess we cant make everybody happy.
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voldemar
01-10 10:33 AM
I am in similar situation,
But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?
I would mail the AP once it is approved and can she come back with AP?
If she doesn't have AP approved or H4 visa stamp, her 485 application could be treated as abandoned when she leaves US.
But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?
I would mail the AP once it is approved and can she come back with AP?
If she doesn't have AP approved or H4 visa stamp, her 485 application could be treated as abandoned when she leaves US.
more...
cherupally
09-11 10:41 AM
Hi Chirupally,
I had similar RFE where USCIS wanted doctor's original signature.
Doctor's filled out a new form (latest version) with all the information from the old form.No test were done again.But they signed the new form with OLD date.
Did your doctor sign the form with new date?
Also,are you including the old original form that you received in sealed envelope with RFE?I am include the ONLY the new sealed envelope that has latest form as the doctor discarded the old form.
I did not receive old form. I just received the gold color form and the letter stating whats RFE about. I guess since only partial information is missing, they did not send me back the old form. I have not received the new forms from doctor yet. I will get it today. I guess he is going to sign with today's date only. Hope this answers your questions.
I had similar RFE where USCIS wanted doctor's original signature.
Doctor's filled out a new form (latest version) with all the information from the old form.No test were done again.But they signed the new form with OLD date.
Did your doctor sign the form with new date?
Also,are you including the old original form that you received in sealed envelope with RFE?I am include the ONLY the new sealed envelope that has latest form as the doctor discarded the old form.
I did not receive old form. I just received the gold color form and the letter stating whats RFE about. I guess since only partial information is missing, they did not send me back the old form. I have not received the new forms from doctor yet. I will get it today. I guess he is going to sign with today's date only. Hope this answers your questions.
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payur
03-10 08:16 AM
Submit the I-94 when you board the flight that leave USA, in your case, Chicago, Not Miami, It is always not advisable to sumbit when you are boarding a connecting, non-Internation flight. For example, what if the International flight is cancelled or you missed, you will be in US, but have already returned your I-94 Also always have copies of all the I-94 for records.
Thank You gc_check!!
Thank You gc_check!!
more...
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Dhundhun
05-21 05:47 PM
I think, too many documents not required. The US Embassy in Delhi asks for:
If you have a sponsor for your trip
-- An Affidavit of Support, I-134 Form from your sponsor (a close relative), and also their bank statements and employment letter
-- A copy of the passport of your sponsor in the U.S. Preferably, a copy of the relative's Indian passport, if possible
-- Documents to show the sponsor's legal status in the U.S.
Refer to http://newdelhi.usembassy.gov/nivbvisas.html.
Just like EAD filing, one can send as many documents as required, but I sent only things asked in e-filing (refer to http://immigrationvoice.org/forum/showthread.php?t=18737).
If you have a sponsor for your trip
-- An Affidavit of Support, I-134 Form from your sponsor (a close relative), and also their bank statements and employment letter
-- A copy of the passport of your sponsor in the U.S. Preferably, a copy of the relative's Indian passport, if possible
-- Documents to show the sponsor's legal status in the U.S.
Refer to http://newdelhi.usembassy.gov/nivbvisas.html.
Just like EAD filing, one can send as many documents as required, but I sent only things asked in e-filing (refer to http://immigrationvoice.org/forum/showthread.php?t=18737).
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Dhundhun
07-09 10:36 PM
Can the docs be sent thru Fedex??
I am not sure of USCIS P.O. Box address, but in general Fedex can't be sent to USPS P.O. Box.
Very rarely USCIS gives street address for sending application.
I am not sure of USCIS P.O. Box address, but in general Fedex can't be sent to USPS P.O. Box.
Very rarely USCIS gives street address for sending application.
more...
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kittu07in
10-19 07:52 PM
Hi All,
I got a document from USCIS for taking biometrics(2 nd time)............
just wanted to share with you all....
"Document production or Oath Ceremony" can mean anything....not only Green Card... :-(
Thank you all for your replies...
I got a document from USCIS for taking biometrics(2 nd time)............
just wanted to share with you all....
"Document production or Oath Ceremony" can mean anything....not only Green Card... :-(
Thank you all for your replies...
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abhijitp
08-02 05:30 PM
Greg has picked this from ..
http://www.bibdaily.com/pdfs/Jan%20Pederson%208-2-07.pdf
and except for India everyother country looks good per this prediction.. I dont understand why this partisan attitude..
Although I don't want to spend any more time thinking about this so called "prediction", it is not because I am from India that I am calling this bad news. For any category if dates retrogressed to how things were before the June 07 visa bulletin, it is not good news to me.
http://www.bibdaily.com/pdfs/Jan%20Pederson%208-2-07.pdf
and except for India everyother country looks good per this prediction.. I dont understand why this partisan attitude..
Although I don't want to spend any more time thinking about this so called "prediction", it is not because I am from India that I am calling this bad news. For any category if dates retrogressed to how things were before the June 07 visa bulletin, it is not good news to me.
more...
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mzafar125
08-16 05:24 PM
Hi,
When did you file the I 485 and EAd application for your wife..what ws your PD?
Thanks
We applied for I-485 in June 2007, our priority date is 10/2002. We applied for EAD after we submitted our I-485 application. The EAD was filed on Jul 25 and it was approved today. I guess the higher fees have improved USCIS's efficiency. I was expecting it to take a few months at least. Good luck to you lot.
When did you file the I 485 and EAd application for your wife..what ws your PD?
Thanks
We applied for I-485 in June 2007, our priority date is 10/2002. We applied for EAD after we submitted our I-485 application. The EAD was filed on Jul 25 and it was approved today. I guess the higher fees have improved USCIS's efficiency. I was expecting it to take a few months at least. Good luck to you lot.
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bluekayal
11-01 05:35 PM
I am hoping to file I-140 next week or so based on an approved labor with PD of 2004. Any idea if it is possible to tie my Sch A 2006 PD with this older one? Thanks for your input!
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tikka
06-25 12:41 PM
http://immigrationvoice.org/forum/showthread.php?t=5470
We are running a small funding drive as a gesture of support IV for answering each other's questions in times of need.
If your question is answered by a fellow member, do make a point to contribute some amount. It will help continue this effort.
We understand everyone is busy with I485 filing and have put everything on hold. But we have not put our efforts on hold in the interest of this communty and this cause. Core is working on this issue despite being busy on their own I485 filing.
We are also working with our lobbyists on CIR and as soon as there is an action item we will post it on the forum for all to participate.
At this time, do take out a couple of minutes off your busy schedule with I485 filing and contribute towards Immigrationvoice.
Thanks
We are running a small funding drive as a gesture of support IV for answering each other's questions in times of need.
If your question is answered by a fellow member, do make a point to contribute some amount. It will help continue this effort.
We understand everyone is busy with I485 filing and have put everything on hold. But we have not put our efforts on hold in the interest of this communty and this cause. Core is working on this issue despite being busy on their own I485 filing.
We are also working with our lobbyists on CIR and as soon as there is an action item we will post it on the forum for all to participate.
At this time, do take out a couple of minutes off your busy schedule with I485 filing and contribute towards Immigrationvoice.
Thanks
Jaime
09-15 06:26 PM
People need to understand that there are some legislators who might want to push legislation favorable to us. They can only do it if they can convince other legislators who are on the fence that:
1) A lot of good people are affected by this. (legal,peaceful,high skilled etc) The crowd there(YOU) on Tuesday will speak to this.
2) They mean business, if we do not act they might leave and we need to act NOW to keep them here.(if many thousands of them can come from all parts of the country, they must be serious)
3) These guys have the support of their employers.(they got/took/were allowed time off from work)
Now in these points, can you see how a friendly lawmaker can use a big successful march to convince his colleagues? This will be like a massive tonic to all the lobbying IV has been doing behind the scenes.
Last year when hundreds of thousands of illegal immigrants took to the streets did you see the impact on legislators? One big difference here is we are legal. That will leave a more powerful impact if it is big.
This is a small price to pay, and it will help you tremendously to speed up the green card process. Lets show solidarity. Every one of us who goes to this will feel proud of the change we manage to bring. If this makes the national media in a big way, I am virtually certain we will get a favorable resolution to our issues. A lot of forces are with us here. Just look at the 13 governor signed letter. Just look at how hard the big high tech. companies are pushing this.
Well said!!!! An image is worth a thousand words! We ca write all we can and complain on here, but an image of thousands of peaceful protestors will stic in people's and legislator's minds, who will then be moved to action! THAT'S WHY WE NEED EVERYONE IN DC!!!!
1) A lot of good people are affected by this. (legal,peaceful,high skilled etc) The crowd there(YOU) on Tuesday will speak to this.
2) They mean business, if we do not act they might leave and we need to act NOW to keep them here.(if many thousands of them can come from all parts of the country, they must be serious)
3) These guys have the support of their employers.(they got/took/were allowed time off from work)
Now in these points, can you see how a friendly lawmaker can use a big successful march to convince his colleagues? This will be like a massive tonic to all the lobbying IV has been doing behind the scenes.
Last year when hundreds of thousands of illegal immigrants took to the streets did you see the impact on legislators? One big difference here is we are legal. That will leave a more powerful impact if it is big.
This is a small price to pay, and it will help you tremendously to speed up the green card process. Lets show solidarity. Every one of us who goes to this will feel proud of the change we manage to bring. If this makes the national media in a big way, I am virtually certain we will get a favorable resolution to our issues. A lot of forces are with us here. Just look at the 13 governor signed letter. Just look at how hard the big high tech. companies are pushing this.
Well said!!!! An image is worth a thousand words! We ca write all we can and complain on here, but an image of thousands of peaceful protestors will stic in people's and legislator's minds, who will then be moved to action! THAT'S WHY WE NEED EVERYONE IN DC!!!!
indianabacklog
08-16 02:53 PM
i was on h4 visa and recently as i turned 21 i am no more dependent on my dad who is on h1 visa . i tranfered my status to f1 .But my dad applied his 1-485 recently along with my application for i-485 and he consult the lawyer too and lawyer told as i am not the main visa holder like if i was on h1 and i transferred to f1 and then apply for i-485 then my application can get rejected ; but not now as i was not the main applicant but was dependent of my father.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
It would appear that you are not giving us the entire situation. I am guessing due to the child status protection act your age is OK for dependent status due to I140 processing time take off your age at time of filing I485.
If that is the case did you transfer to F1 while waiting for your fathers priority date to become current?
If this is correct then your application should not be rejected but if you are to travel outside of the US you MUST have advance parole since being in adjustment of status makes your student visa null and void and therefore you are unable to re enter the US on the F1.
This is just what I get from what you are telling us. If this is not the case please provide full details so people can help you. However, remember we are not necessarily lawyers and our knowledge has been acquired, not learned at law school.
i dont trust everything wat lawyers say.so can anybody help me out with this issue.
It would appear that you are not giving us the entire situation. I am guessing due to the child status protection act your age is OK for dependent status due to I140 processing time take off your age at time of filing I485.
If that is the case did you transfer to F1 while waiting for your fathers priority date to become current?
If this is correct then your application should not be rejected but if you are to travel outside of the US you MUST have advance parole since being in adjustment of status makes your student visa null and void and therefore you are unable to re enter the US on the F1.
This is just what I get from what you are telling us. If this is not the case please provide full details so people can help you. However, remember we are not necessarily lawyers and our knowledge has been acquired, not learned at law school.
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