Winner
02-18 11:57 AM
Hello IVans,
My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.
Thanks.
My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.
Thanks.
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kprgroup
08-03 01:45 PM
Did your denial letter has similar wording?..............just curious
pappu
10-18 10:16 AM
I received a letter from BEC and it says
This Notice of Findings is the Department’s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.
In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.
This Notice of Findings is the Department’s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.
In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.
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raju123
05-15 10:45 AM
^^^^^ Please vote here
Only 215 votes for EB2 India?
Assuming an equal number for EB3 India, EB2 China, and EB3 China, we have a total of 856 people who have applied for PD?
We have more than 8000 members, so are we to assume the 7000 and odd members are ROW?
Something doesn't add up.
Can ROW people please have a poll for yourselves?
Only 215 votes for EB2 India?
Assuming an equal number for EB3 India, EB2 China, and EB3 China, we have a total of 856 people who have applied for PD?
We have more than 8000 members, so are we to assume the 7000 and odd members are ROW?
Something doesn't add up.
Can ROW people please have a poll for yourselves?
more...
jeny
08-06 03:41 AM
Jeny: I believe you are referring to an interview for Consular Processing; not Adjustment of Status, correct?
Thanks,
Jayant
Yes Jayant it is Consular Process. Today i send a mail to them, hope they will replay.
Thanks
Thanks,
Jayant
Yes Jayant it is Consular Process. Today i send a mail to them, hope they will replay.
Thanks
AVAKIL10
08-03 08:34 AM
Looks like SR request denial and not EAD denial to me..Don't worry.
more...
blacktongue
01-26 01:07 PM
I don't dislike people from Andhra. I have close friends from Hyderabad.
I dislike irrelevant discussions that are motivated by race, region, or people of a certain kind. We don't need that here. It feels like housewives gossiping about useless topics.
You do not like housewives?
I dislike irrelevant discussions that are motivated by race, region, or people of a certain kind. We don't need that here. It feels like housewives gossiping about useless topics.
You do not like housewives?
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pitha
07-08 03:11 PM
I was one of the people who bashed Oh when he "sympathizes" with USCIS workers, I could not figure out what he was thinking sympathizing with USCIS workers.
In this case he is helping publicize the flower campaign. Why are you guys bashing him instead of thanking him? IV core has clearly stated the flower campaign and some other initiatives are member initiatives and not IV initiatives so I can understand why Mathew Oh might have left out IV. Let�s not make an enemy out of a friend who is trying to help us in this particular situation.
In this case he is helping publicize the flower campaign. Why are you guys bashing him instead of thanking him? IV core has clearly stated the flower campaign and some other initiatives are member initiatives and not IV initiatives so I can understand why Mathew Oh might have left out IV. Let�s not make an enemy out of a friend who is trying to help us in this particular situation.
more...
gcwanter
06-28 03:53 PM
SNaidu, Rajiv Khanna was on his way to your home, his car broke down so he could not deliver you this message. He needs a ride now. Please help him.
AS it is people are so stressed out attending medical appts 200 miles away from home. and being poked with vaccinations in all possible places..damn the body pain after DPT is miserable
also the details of the applications and the volatility of the way things may change ; ignoring the fact that everything is in the hands of your employer/lawyer.....
not to forget that the financial misery if you are filing for self + 2 dependents + lawyer fees is exceeding 5k...
why do you want open such nonsensical threads and raise the adrenalin...???
i wouldnt be surprised to be diagnosed with adrenalin tumor if this situation persists long...
AS it is people are so stressed out attending medical appts 200 miles away from home. and being poked with vaccinations in all possible places..damn the body pain after DPT is miserable
also the details of the applications and the volatility of the way things may change ; ignoring the fact that everything is in the hands of your employer/lawyer.....
not to forget that the financial misery if you are filing for self + 2 dependents + lawyer fees is exceeding 5k...
why do you want open such nonsensical threads and raise the adrenalin...???
i wouldnt be surprised to be diagnosed with adrenalin tumor if this situation persists long...
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seeking_GC
09-23 06:30 PM
We applied in NSC
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pateketu
08-17 10:22 AM
DesiGuy,
What difference did you find in work culture in UK vs US, I have heard racism and favoritism is very common when it comes to promotion and stuff, is that true?
What difference did you find in work culture in UK vs US, I have heard racism and favoritism is very common when it comes to promotion and stuff, is that true?
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sieger007
05-17 11:20 PM
Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP
My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.
I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
more...
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raysaikat
07-24 08:48 AM
firstly, thanks for replying.
I just wanted to be clear about this. So if I maintain my F1 status somehow by enrolling at kaplan/community college and then find a research job which is willing to sponsor for H1B, I can apply any time of the year for this class through non-profit organization/institute of higher education?
do you have any govt. links where I could find more info on this? Any input of yours will be greatly appreciated!!!!
A non-profit organization, such as a University, can hire you any time on H1-B. The job does not have to be a research job.
I just wanted to be clear about this. So if I maintain my F1 status somehow by enrolling at kaplan/community college and then find a research job which is willing to sponsor for H1B, I can apply any time of the year for this class through non-profit organization/institute of higher education?
do you have any govt. links where I could find more info on this? Any input of yours will be greatly appreciated!!!!
A non-profit organization, such as a University, can hire you any time on H1-B. The job does not have to be a research job.
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Macaca
08-10 04:25 PM
A woman who was traveling alone in the mountains found a precious stone in a stream.
The next day she met another traveler who was hungry, the woman opened her bag to share her food. The hungry traveler saw the precious stone and asked the woman to give it to him. She did so without hesitation. The traveler left, rejoicing in his great fortune. He knew the stone was worth enough to give him security for a lifetime.
But a few days later he came back to return the stone to the woman. "I've been thinking," he said, "I know how valuable the stone is, but I give it back in the hope that you can give me something even more precious. Give me what you have within you that enabled you to give me the stone."
The woman smiled, "The joy of giving!"
The next day she met another traveler who was hungry, the woman opened her bag to share her food. The hungry traveler saw the precious stone and asked the woman to give it to him. She did so without hesitation. The traveler left, rejoicing in his great fortune. He knew the stone was worth enough to give him security for a lifetime.
But a few days later he came back to return the stone to the woman. "I've been thinking," he said, "I know how valuable the stone is, but I give it back in the hope that you can give me something even more precious. Give me what you have within you that enabled you to give me the stone."
The woman smiled, "The joy of giving!"
more...
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chanduv23
09-04 11:16 AM
You can work on h1b - you will get H1b based on existing approved 140 and pending 485.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
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GCPagla
03-17 08:58 AM
Hi All,
Thanks for all your support and soothing words.
I have talked with my immegration attorney who filed my 140 and 485 on current employer's behalf. And surprisingly she is ready to file the AC21 for me. Obviously she is charging me for that, but I guess I am fine with that.
The excerpt form our communication is as following.
a) I need to get a AC21 letter signed by the new employer. This will describe my position and duties, which should be similar to the LC.
b) offer ltter need not describe word-word match of designation and duty.
c) if there is a huge rise 50% - no issue.
d) company size does not matter.
So I had decided to take the plunge, especially when I have my attorney guarding the case.
Write the market condition is not to well for H1B
a) My friend was laid off in Dec and he was serching for job. Suddenlt he realized that his earlier employer had revoked the H1B. So he was out of status for some days. He managed filing AC21 with his friend's company and managed.
b) I heard people ging for H1B extension was asked by USCIS to get a letter from the end client, saying the project will last for more than 3 years. I guess none will give that assurance in this market.
So I guess I will move on EAD. Let me check what happend and I will keep posting my experience here.
Thanks
Thanks for all your support and soothing words.
I have talked with my immegration attorney who filed my 140 and 485 on current employer's behalf. And surprisingly she is ready to file the AC21 for me. Obviously she is charging me for that, but I guess I am fine with that.
The excerpt form our communication is as following.
a) I need to get a AC21 letter signed by the new employer. This will describe my position and duties, which should be similar to the LC.
b) offer ltter need not describe word-word match of designation and duty.
c) if there is a huge rise 50% - no issue.
d) company size does not matter.
So I had decided to take the plunge, especially when I have my attorney guarding the case.
Write the market condition is not to well for H1B
a) My friend was laid off in Dec and he was serching for job. Suddenlt he realized that his earlier employer had revoked the H1B. So he was out of status for some days. He managed filing AC21 with his friend's company and managed.
b) I heard people ging for H1B extension was asked by USCIS to get a letter from the end client, saying the project will last for more than 3 years. I guess none will give that assurance in this market.
So I guess I will move on EAD. Let me check what happend and I will keep posting my experience here.
Thanks
more...
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Friend
02-15 10:51 AM
Best thing is call the customer service and explain step by step.
also take an infopass appointment and explain.
What it means Inforpass? Can you explain in detail. Sorry I don't have any Idea on Infopass.
also take an infopass appointment and explain.
What it means Inforpass? Can you explain in detail. Sorry I don't have any Idea on Infopass.
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vaishnavilakshmi
11-13 09:08 PM
Hi Guys,
I verified my 485 Application status online and this is what I found can you guys tel what could this mean.
My I140 is not approved yet.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
Hi,
As far as forum knowledge,Usually 485 approval updates would be either we sent u a welcome notice or approval notice sent or card production ordered etc.But when document mailed etc,i think it might be a RFE on ur 485 or may be ur AP document(by mistake,updated on ur 485).If u r extreme lucky,it could be ur GC!!!!
Anyway wish u goodluck,
Please update ur post when u recieve the document mailed by USCIS,
thanks,
lakshmi
I verified my 485 Application status online and this is what I found can you guys tel what could this mean.
My I140 is not approved yet.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
Hi,
As far as forum knowledge,Usually 485 approval updates would be either we sent u a welcome notice or approval notice sent or card production ordered etc.But when document mailed etc,i think it might be a RFE on ur 485 or may be ur AP document(by mistake,updated on ur 485).If u r extreme lucky,it could be ur GC!!!!
Anyway wish u goodluck,
Please update ur post when u recieve the document mailed by USCIS,
thanks,
lakshmi
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gc28262
07-12 12:31 AM
Are all these paper based filings or e-filings?
I e-filed EAD/AP renewals on May 25th, 2009. Applications are at TSC. My AP got approved on June 19th and I received the AP documents on June 20th. However, my EAD application is still pending since May 25th. I think most, if not all, EAD e-files receive a FP notice and they take a picture as well as FP when we go to the ASC. I haven't received FP notice either so far. From what I am seeing, EAD paper based filing is being processed much faster (2-3 weeks) than e-filings. Anyone who e-filed EAD could pls let us know how long it took for FP notice and EAD approval.
Mine was an e-filing. However my FP scheduling was quite weird.
I had my FP scheduled for 11/13
but my Card Production was Ordered on 11/12
I still went ahead and gave my FP on 11/13.
I e-filed EAD/AP renewals on May 25th, 2009. Applications are at TSC. My AP got approved on June 19th and I received the AP documents on June 20th. However, my EAD application is still pending since May 25th. I think most, if not all, EAD e-files receive a FP notice and they take a picture as well as FP when we go to the ASC. I haven't received FP notice either so far. From what I am seeing, EAD paper based filing is being processed much faster (2-3 weeks) than e-filings. Anyone who e-filed EAD could pls let us know how long it took for FP notice and EAD approval.
Mine was an e-filing. However my FP scheduling was quite weird.
I had my FP scheduled for 11/13
but my Card Production was Ordered on 11/12
I still went ahead and gave my FP on 11/13.
nmdial
04-21 09:36 AM
Friends,
I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.
Thanks,
nmdial
I will be relocating to Houston soon. I am new to the area. I would really appreciate if you can give your inputs on good neighborhoods, cost of living, etc.
Thanks,
nmdial
NyteStarNyne
11-23 12:41 AM
Woo hoo!
Some really great entries here. Good luck everyone :D
Some really great entries here. Good luck everyone :D
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