Capture The Art Blog's

the other thing about ombudsman replying to emails..i wouldd have written to him.. but neither do i have a "technical issue" problem...nor do i have an established line of communication open with thee ombudsman's office...so i m just trying to get some info from gautam who seemed to have that.

same happened with me, already posted on couple of other threads.

Hi,

My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site

Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER

Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.

We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.

I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.

Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.

My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd

LUD is 8/12/2007

Does this mean anything ?
Did yo recieve the reciept notice for your I 485 and your check cashed?

I self files.
Received : Dec 3rd
Status: Pending

My company want to book me on flight and comanty sponsored cruise. Cruise leaves on Feb 27th. I am afraid it I will have AP then. Company need some confirmation of getting it as they will lose money.

I called USCIS and placed request to Expedite based on catagory 1 (financial loss to employer or individual). I was told that I will hear somehting in 5 days?

Should I contact local congressman and place request through them? How does the procedure go? I have no clue. I have taken infopass appointment at local USCIS for next week but I know that will be waste of time.

Any suggestions?

Thanks

My H1B expired, and they are now just working on the labor certification process, so I have left the country and working outside the US. Someone did tell me that after I have been out for a 12 month period they may get me back under a new H1B. Is this correct? Reason I ask is that I have been out of the US for 4 months, and they seem to be working very slow on my Labor Cert, and I know once the this is submitted I have to wait a further 12 months, so wanted to see if it is viable to get a new H1B. Any thoughts would be appreciated.

Yes if you live out of US for at least a year after the full H-1B term, you can apply for a new H-1B. If i were you, i'll keep the labor process going while applying for a new H-1 because GC is for future employment and if anything you can retain the priority date...

yes, i am definatly lost in beta.

sorry, i have to say again, you're sig is really cool lost.

- make sure that you identify yourself and your LEGAL status
- consider using following 'talking points' to reframe the dialog
- focus on these underlying interests to make it clear that the dialog has many facets and there is common ground with larger interests
- be personable, nice and kind
- good luck and all the best!!

In support of SKIL and other relief measures for High Skilled Immigrants:

NATIONAL & ORGANIZATIONAL COMPETITIVENESS - Will a capitalist country like America support the notion that a worker's 'country of origin' matters more on the job than 'meritrocracy, hard work and results'?
HARD TO BELIEVE? Just look at US companies and universities are unable to freely deploy and redeploy high skill knowledge workers that can help them meet the organizations' economic objectives and US competiteveness interests! Knowledge work knows no national boundaries. Preserve high skill work within the US regardless of workers' country of origin and help preserve high tax and social security contribution within the US!

CAPITALISM & FREE MARKETS - Will a democracy like America support the notion that 'indentured servitude' by highly skilled labor is acceptable in a nation of the 'brave and free' where notions of indentured servitude was outlawed in the 20th century?
HARD TO BELIEVE? Just look at H1B's stuck in companies and jobs for years with uncertainty where they cannot freely participate in the economic development and progress of this country. They are, for all practical purposes, tied to the yoke until their Green Cards are available.

HUMAN RIGHTS & WOMEN RIGHTS - Will a leading Human Rights supporter like America support the notion that 'women should be forced to sit at home' only because they are spouses of highly skilled labor and hence have to be 'forced to have babies because they are on a H4'?
HARD TO BELIEVE? Just look at women of H1B workers, many with advanced education and work experience, stuck at home and at risk for social, psychological and physiological degradation and abuse only because they are trapped within the 4 walls and cannot participate freely in the land of opportunity and hard work? They are, for all practical purposes, subject to the restrictions of the Middle-Ages women/wives that were forced out of opportunity and development.

It is EASY to get misled by hype and hyperbole when talking about immigration. For a land built by immigration, the very title cannot and should not become a lightening rod!

Respected elected official, I urge you, beg you, beseech of you to consider the net-economic value and social value that we, the highly skilled immigrant workforce continue to bring to the USA.

We seek neither entitlement nor social promotion
We seek no social service
We seek no special treatments

We just ask that you be aware of the above pain points and bring much needed relief to legal, law-abiding, tax-paying and country-loving knowledge workers and help retain their passion, energy, jobs and taxes within the USA!

History shows us that the nation was not built on artificial promises of protectionism. The spirit of bold vision, free adventure and hard work built this nation into its pre-eminent position. Will you, respected leader, help continue to cherish and support this hoary tradition?

"Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCIS�s name check requirement has
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."

http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf

What a fabulous ruling this is.

One question for Lazycis:

# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."

As far as I can tell even (1) and (2) only apply to Naturalization applicants.

So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.

i got sotw a few weeks ago. what swirl thing?

First year generally you do not have to pay advance tax. From second year onwards you have to estimate tax based on previous year and start paying advance tax.

I am working on H1B. Recently what has happened that my family lives in state A, and I am working in state B. My family could not move to state B because my sone is going to school. I have to pay alot of expenses to go back and fort from state B to A, like air ticket and cab ect. I talking to my compnay regarding this and they said that whatever are my expenses submit to every month end and he will send a check for those expenses which will be pre taxed amount. i.e. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.

I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.

If you made a correct explanation then: 1. You will end up with $4500- of wages PLUS $500 of reimbursable expenses. Therefore only $4500 will be taxed.
You should to make sure that in your Form W2 ( 1. Wages, tips, other compensation)for 2008 these $500 will not be shown: reason- you will be taxed only on $4500 but your income will be higher so you will may end up with additional taxes owned- that depends on you Income).

That scenario is OK if your total salary is not an issue for you.

For you Employer paying to you $4500 Plus $500( reimbursable) is much better
cause he will pay company taxes only on that $4500 and not on $500.

There could be other ways to resolve this problem. Depends on your employer
willingness.

There is a reason FOX interviewed this fucker... I'm not a big fan of FOX news; another set of conservative idiots.

Do not use inappropriate words.

I got it for missing Medicals for both me and my wife.

I would trust anytime my lawyer than USCIS.

here is what they did.

Wrong address even though filed for AR11 online and received Soft LUD online. This is one year old address and they didn't even put APT# in my old address. God's Grace I received it by mail fowarding without APT#

Didn't update my online status. Still showing Pending and no LUD or soft LUD

I know my lawyer put in G28 and medicals both when he was mailing it as I was the one who finally inspected and mailed the package.

Some other folks also got for Medicals. Looks to me a routine to get rid off pending cases or preadjudicate.

Weird but true in my case

guys,

i do not know how to make this clearer
if you want to join ANY iv chapter, your name and other info i listed below is mandatory. we do not admit anonymous members. if you cannot reveal yourself to your own community then you are frankly no good to us....

please DO NOT send blank requests for membership.
having to write back and ask for it is a real waste of my time.
please cooperate the first time round !!

Thanks :)

As per my understanding you can get a 3 year extension if :

a) Your I-140 has been approved
b) Your PD is not current

If your PD is current and you have filed for your AOS (i-485), then you can get only 1 year extensions of the H1B till you get your green card.

Someone, please correct me if I am wrong or if there's not enough clarity in my answers.

Hi

I hold a H1b Visa but did not work after coming to US.
Can anybody guide me regarding my current status.
My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
can anybody help me with this??

thankyou

Nice try!!

We all know you are an anti-immigrant trying to post this question and then will try to use it as an example to show how H1bs try to break the law.

Don't you have something better to do like, finding a job after getting laid off or learning something new to upgrade your skills.

Hi Tom,

Thanks for the response. I consulted attorney murthy, who advised me to file I-140 & I-485 again , explaining all the facts.

Attorney just put all the documents of denial, the MTR and the new I-140 application along with 485 with a cover letter that the denial was what we consider is erroroneous, so refiling with a copy of labor. I have to wait and see what happens.

Its rather a tense moment as I am on my 7th year extension.

You must have gotten a Deportation form, where one of the category ( 5 year ban) must have been checked, that means you cant enter for 5 years.

Did you file that income as a tax return??

Cigna did for me. They gave a full reimbursement for my wife and a partial for me. I just used the forms they had on their website and the doctor's receipts.

I have a notice date of Oct 1st but no EAD yet. Anybody else in similar situation? My application reached NSC on AUg 13th.

I have received FP notices on Oct 29th
SAME with receipt date.see details below

Read posts on AC21 for details.