harsh
05-31 09:37 AM
The reason for denying visitor's visa depends from person to person. If a person is young then they have a lot more burden of proving that they will return back to their homeland than say parents of someone whose son / daughter is here.
Also when you give the affidavit of support, the consular office will calculate how much you make yearly and see how many you are sponsoring and how many dependents you have in US. If, in consular officer's opinion the total income declared under Affidavit of Support is less that what he thinks is needed for supporting so many people, visa might be rejected on the basis that visa applicants might become public charge.
Now sometimes even parents of someone here get denied. Again that depends on how they can prove their ties to home country. If all the children are in US and parents apply, a consular officer might say, you have no interest to return back to your home country as all your children are in US.
And then there is luck. No one can tell what mood the consular officer is in that day. I was lucky that my parents and my wife's parents both got their visas recently. My only advise is make sure you have all the documents ready, cover all your bases and have a mock interview with visa applicants and see how they reply to your questions. I know from personal experience that it helps.
Also when you give the affidavit of support, the consular office will calculate how much you make yearly and see how many you are sponsoring and how many dependents you have in US. If, in consular officer's opinion the total income declared under Affidavit of Support is less that what he thinks is needed for supporting so many people, visa might be rejected on the basis that visa applicants might become public charge.
Now sometimes even parents of someone here get denied. Again that depends on how they can prove their ties to home country. If all the children are in US and parents apply, a consular officer might say, you have no interest to return back to your home country as all your children are in US.
And then there is luck. No one can tell what mood the consular officer is in that day. I was lucky that my parents and my wife's parents both got their visas recently. My only advise is make sure you have all the documents ready, cover all your bases and have a mock interview with visa applicants and see how they reply to your questions. I know from personal experience that it helps.
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rb_248
05-03 01:21 PM
Correct me if I my understanding is wrong. We legals are not getting any action because law makers want to do a comprehensive reform instead of a piece meal legislations. If the CIR is not a possibility, is there not a good chance to push for reforms for legals on a piece meal basis ? Stuff like visa recapture, removing country cap, filing for 485 when dates are not current and all ?
kondur_007
09-24 12:06 PM
All they said was that you do not have enough ties in India and you will work there.
It sounds very lame to me.
It looks like sec 214 (b) denial. This is purely at descretion of consulate. No one can say "consulate is wrong" in this case. To my eyes, only option is to get here here on H4 and then apply for change of status to F1 (with the help of a good lawyer since the case is somewhat convoluted now).
I am not quite certain about other options of continuing to study on H4 (which may exist), but definitely OPT option will only be available with F1.
Good Luck.
It sounds very lame to me.
It looks like sec 214 (b) denial. This is purely at descretion of consulate. No one can say "consulate is wrong" in this case. To my eyes, only option is to get here here on H4 and then apply for change of status to F1 (with the help of a good lawyer since the case is somewhat convoluted now).
I am not quite certain about other options of continuing to study on H4 (which may exist), but definitely OPT option will only be available with F1.
Good Luck.
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matrixneo
08-01 01:05 PM
here is one in praise of USCIS, replace Anamika and naari with USCIS
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lazycis
12-17 07:25 PM
So you haven't received a denial letter yet.
The most common reasons for EB I-485 denials:
1. Incorrect fee enclosed/Incomplete form
2. Underlying I-140 is denied/revoked/withdrawn
3. An applicant is inadmissible for permanent residency (status violations, unlawful presence, etc.) according to the USCIS
For reason 2 you can file appeal/MTR(MOTIC) with the USCIS
For reason 3 the only option is to file a lawsuit in a federal district court.
The most common reasons for EB I-485 denials:
1. Incorrect fee enclosed/Incomplete form
2. Underlying I-140 is denied/revoked/withdrawn
3. An applicant is inadmissible for permanent residency (status violations, unlawful presence, etc.) according to the USCIS
For reason 2 you can file appeal/MTR(MOTIC) with the USCIS
For reason 3 the only option is to file a lawsuit in a federal district court.
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abhay
10-30 09:14 AM
Thanks Guys, I called Delhi customer support. They said not to over-write but just to go to the counter and explain the mistake to the consulate officer. Apparently even they cannot edit those fields.
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bestia
07-19 01:03 PM
My lawyer did not ask for Tax return for filing i-485 .He just asked for W-2's only ??
Is Tax Return for last 3 years is required document ?
Tax returns absolutely not required. Even W2s are not required. But without W2s USCIS will more likely issue RFE, they would want to see them. My accountant told me that a lot of his clients received RFEs for tax returns, so it's good to have them in right order in case...
Your tax returns will show the case if you worked also for someone else illegaly - USCIS might want to verify that.
Is Tax Return for last 3 years is required document ?
Tax returns absolutely not required. Even W2s are not required. But without W2s USCIS will more likely issue RFE, they would want to see them. My accountant told me that a lot of his clients received RFEs for tax returns, so it's good to have them in right order in case...
Your tax returns will show the case if you worked also for someone else illegaly - USCIS might want to verify that.
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gc_on_demand
01-08 03:23 PM
from an old article: http://heather.cs.ucdavis.edu/H1BSummary.pdf?popup=false
Here is an outline of my proposal:
� To be eligible to an H-1B, the employer would be required to have not have laid off Americans
in similar jobs within the last 6 months, and not employ H-1Bs in more than 15% of its technical
workforce.
� An employer who wishes to hire an H-1B would be required to advertise the job on a central Dept. of
Labor (DOL) Web page for 30 days. If the employer did not hire an American during this period, the
employer would have automatic permission to hire the H-1B.
� The wage paid to an H-1B would be required to be at least the national median for all workers in the
field, including those with all levels of experience.
� After hiring the H-1B, the employer would update the entry in the database, stating the qualifications
of the H-1B who was hired.33
� The visa would be valid for 3 years. During this time, the worker could move from employer to
employer at will, providing that each new employer goes through the 30-day ad procedure on the
DOL database.
� If the worker were to stay employed in the tech field for all but 60 days during the 3-year period, the
worker would be deemed as having proved his/her value to the economy, and would automatically be
granted permanent-resident (i.e. green card) status.
� If on the other hand, the worker were to become unemployed for more than 60 days, he/she would be
required to leave the country within 15 days.
One major flaw in this one :
What if I want to change job 4 times in 3 year. Total advertise period will be 120 days and I wont be able to get GC. What if I am laid off and future company is just have requirement with in that week. They cannot hire me till they pass 30days and what if they get lots of resume from USC and DOL audit ..will company wait ??
More administrative process will encourage to hire only USC. When I graduated from school in USA , I applied to 4-5 big companies and I got reply back too. but when I told I need sponsership I was denied. I went to desi and I checked with one of company to see if they have same job. Lucky I found and I told them H1b transfer will be in week if they spend 1000 USD .. Guess what they agreed. and I am still with same company.
I think for permant residency it is good but for h1b.. bad for us. Eventully desi firms will sell 30 days approved labor.
Here is an outline of my proposal:
� To be eligible to an H-1B, the employer would be required to have not have laid off Americans
in similar jobs within the last 6 months, and not employ H-1Bs in more than 15% of its technical
workforce.
� An employer who wishes to hire an H-1B would be required to advertise the job on a central Dept. of
Labor (DOL) Web page for 30 days. If the employer did not hire an American during this period, the
employer would have automatic permission to hire the H-1B.
� The wage paid to an H-1B would be required to be at least the national median for all workers in the
field, including those with all levels of experience.
� After hiring the H-1B, the employer would update the entry in the database, stating the qualifications
of the H-1B who was hired.33
� The visa would be valid for 3 years. During this time, the worker could move from employer to
employer at will, providing that each new employer goes through the 30-day ad procedure on the
DOL database.
� If the worker were to stay employed in the tech field for all but 60 days during the 3-year period, the
worker would be deemed as having proved his/her value to the economy, and would automatically be
granted permanent-resident (i.e. green card) status.
� If on the other hand, the worker were to become unemployed for more than 60 days, he/she would be
required to leave the country within 15 days.
One major flaw in this one :
What if I want to change job 4 times in 3 year. Total advertise period will be 120 days and I wont be able to get GC. What if I am laid off and future company is just have requirement with in that week. They cannot hire me till they pass 30days and what if they get lots of resume from USC and DOL audit ..will company wait ??
More administrative process will encourage to hire only USC. When I graduated from school in USA , I applied to 4-5 big companies and I got reply back too. but when I told I need sponsership I was denied. I went to desi and I checked with one of company to see if they have same job. Lucky I found and I told them H1b transfer will be in week if they spend 1000 USD .. Guess what they agreed. and I am still with same company.
I think for permant residency it is good but for h1b.. bad for us. Eventully desi firms will sell 30 days approved labor.
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lazycis
10-29 03:02 PM
I found out (via attorney) that the right way to do it is to send a new G-28 form to USCIS. Put your name as a petitioner and as a representative, check box 4 (other) and write "I would like to represent myself in all matters related to my I-485 filing".
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NewDocinUS
02-05 01:21 PM
Hi,
I am a doctor from India and came to US on B1/B2 visa. I have cleared my Step1 and step2 USMLE and preparing for CS Exam. I am looking for a observership or externship oppertunity.
I applied and called a lot of places but no luck because of my visa situation. Please let me know if anyone here knows of any hospitals offering observerships for IMGs.
Thanks
I am a doctor from India and came to US on B1/B2 visa. I have cleared my Step1 and step2 USMLE and preparing for CS Exam. I am looking for a observership or externship oppertunity.
I applied and called a lot of places but no luck because of my visa situation. Please let me know if anyone here knows of any hospitals offering observerships for IMGs.
Thanks
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chillfakter
02-11 09:50 PM
ram_ram, I failed to mention that this is my second H-1B, there was a lapse of less than a year between the two H-1Bs, so I guess my current one is considered a "new" one instead of an extension (I could be wrong though).
Why didn't they just give you an I-94 that was valid until Sept 2007, because of it being less than 6 months validity, is that right? Glad it worked out for you :)
tdasara, once again, I hope this is what happens to me as well! Thanks for the response.
Why didn't they just give you an I-94 that was valid until Sept 2007, because of it being less than 6 months validity, is that right? Glad it worked out for you :)
tdasara, once again, I hope this is what happens to me as well! Thanks for the response.
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indiancitizen77
09-27 09:00 PM
My lawyer had also said the same thing. You can get an extension of H based on your husbands approved I140.
Njdude26, Was the H extension your attorney mentioned for H4 or H1. Did the attorney elaborate any precedents for H1 extensions based on an approved I-140? Thanks
Njdude26, Was the H extension your attorney mentioned for H4 or H1. Did the attorney elaborate any precedents for H1 extensions based on an approved I-140? Thanks
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hsingh82
02-24 01:05 PM
Consider this, I am an H1B and my perm has not been filed yet. I have been contributing to the IV posts(not monetary so far)...and haven't asked any question/query myself yet..... what do you want me to do pay money to reply to a post where a guy needs help on how to complain to DOL or if there is a link on CNN and I want to share with fellow IVians??
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truthinspector
02-12 06:16 PM
No !
Hi,
I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC
Thanks
Hi,
I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC
Thanks
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rssm10
06-01 02:37 PM
I have got the I-485 denial notice. I am the primary applicant and my wife is dependent application. The denial notice was based on an RFE which was not responded (Basically neither my lawyer nor ourselves received the RFE notice, we directly
received the denial notice). Before we got the 485 denial notice, our status are as follows:
Myself : WOrking on H1 B (Primary Applicant)
Wife : Working on EAD.
Attorney sent the necessary paper work to USCIS 2 weeks back.2 weeks passed away and there is no update from USCIS. The status online still says that the I485 is denied.
1)Can my wife continue to work on EAD ?
2)What is the status of the EAD now ?
3)Should we have to wait for the case to be reopened before she can join work on EAD ?
received the denial notice). Before we got the 485 denial notice, our status are as follows:
Myself : WOrking on H1 B (Primary Applicant)
Wife : Working on EAD.
Attorney sent the necessary paper work to USCIS 2 weeks back.2 weeks passed away and there is no update from USCIS. The status online still says that the I485 is denied.
1)Can my wife continue to work on EAD ?
2)What is the status of the EAD now ?
3)Should we have to wait for the case to be reopened before she can join work on EAD ?
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sabbygirl99
03-28 11:23 AM
My LC is languishing in Philly backlog center. Not sure if I beleive that they will have it completed by Sep 2007. In any case, I am blessed enough to be able to switch to a part time status at work. I am enrolling in a part time graduate program. My question is - will going part time at work hurt me with LC or even later with 140, 485, or maybe even green card interview?? Thanks.
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El_Guapo
01-14 04:07 PM
Text "HAITI" to 90999 from your cellphone. This will automatically donate $10 to the Red Cross International Relief Fund. It will be charged to your cellphone bill next month. I've done this already.
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jungalee43
03-25 07:01 AM
Today Times of India has published an article "Immigrants cost Americans low-skilled jobs". They have referred a study by Center for Immigration Studies. I have already written to TOI for publishing this and urged them to stop helping anti-immigrant groups by publishing such articles. All members please post comments on this article and ask TOI to stop nonsense. whether low-skilled or high skilled this is going to help anti-immigrant cause.
http://timesofindia.indiatimes.com/articleshow/1463861.cms
http://timesofindia.indiatimes.com/articleshow/1463861.cms
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chanduv23
01-14 03:59 PM
Folks, lets use this thread to post information about how to help the victims of Haitian earthquake.
Posts can be links to organizations where we can donate money or food or clothes.
If you have done something please post on this thread
Lets keep this thread alive and on top
Posts can be links to organizations where we can donate money or food or clothes.
If you have done something please post on this thread
Lets keep this thread alive and on top
surabhi
10-17 03:14 PM
apart from payroll tax is'nt the employer suppose to pay employer tax which I suppose is anywhere between 8 to 12 % depending on the state it is operating? or is payroll tax same as employer tax? what other taxes does an employer has to pay if he hires a person on W2? appreciate inputs on this.
Payroll tax is same as employer tax. There are 2 or 3 components of the taxes that employer pays such as Social security ( employer portion), unemployment tax, Medicare ( employer portion)
also employer will need to pay for payroll company such as ADP a fee to maintain payroll, do filings
Payroll tax is same as employer tax. There are 2 or 3 components of the taxes that employer pays such as Social security ( employer portion), unemployment tax, Medicare ( employer portion)
also employer will need to pay for payroll company such as ADP a fee to maintain payroll, do filings
crystal
07-04 10:09 PM
Are sure about whether you can go for stammping to canada when you are going for first time stamping? I think you need to go to india where they can check your education credentials. If you have done masters/bachelors in u.s then only you can go to canada i guess . I am not very sure about it though. I read it somewhere.
When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
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