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meti_alb

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About meti_alb

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  1. I filed a FOIA request with USCIS on Feb 5, 2019, requesting copies of 2 different change of statuses approval notices from back in 2006. (somehow I have lost them). I got a confirmation letter by mail saying they received the request, and which also provided me with information on how to register online at http://first.uscis.gov Fast forward, on June 29, 2019, I received an email with subject "USCIS FOIA - Case status change". The first sentence read "Your USCIS FOIA/PA request has been processed and has been electronically delivered to the myUSCIS account you created." There was nothing in there except a copy of the confirmation letter I received in February after submitting the request. I did some research online and I came across a few posts suggesting that they had had similar experiences but the documents eventually showed up after a week or so. Well it has been two months and nothing has showed up in the Document Library of my case. I am wondering if anyone else has had the same experience. Or am I looking in the wrong spot?
  2. meti_alb

    I-129 and LCA have different salary

    What happens if it is not the I-129 salary? I am in a similar situation. Employer cut down salary for all employees across board for financial reasons. No amendment was filed. Have I violated my H1B status by getting paid less? What is there to do next? I have consulted with different immigration attorneys in the area and I have received mixed responses, where one said: nothing is wrong in regards to your H1B as long as you get paid above the prevailing wage on the certified LCA. Am I doomed (as in out of status)? Or am I not? What is there to do next?
  3. Hi there, I am 2 weeks away from the expiration of my H1B status. My status/H1B timeline is as follow: 10/1/2010 - 9/21/2013 first H1B approval ever (first 3 years on H1B) 9/22/2013 - 9/20/2016 first H1B extension (second 3 years) 9/20/2016 - 9/30/2017 second H1B extension (recapturing time outside US) Now the good part (I want to believe so): 02/15/2017 - PERM approved date 06/01/2017 - I-140 approval notice date 12/06/2016 - is my Priority Date which appears to be current for me (3rd category & All Charge-ability Areas) Am I eligible to file for H1B extension. I haven't filed the i-485 yet, I will very soon, but for now would like to know on this. If answer is yes, out of curiosity what is the fee, and is it still my employer's responsibility to pay the fee (I am assuming yes, but would like to confirm). I cannot hire an attorney for financial reasons.
  4. meti_alb

    Counting experience at current company

    Any feedback on this?!
  5. meti_alb

    Counting experience at current company

    I have been with the same company for more than 5 years. I started as "Web Developer" while on OPT, was approved the H1B (twice), and was recently (before reaching 5 years) promoted to "Lead Web Developer". The company has offered to sponsor GC and I was just wondering whether I could file under EB2. While researching in this forum and other ones, I noticed that it can be done if the new position is 50%+ different from the one where the experience was gained. How is this percentage defined? Do you have any suggestions on how to make it work? I wish not to change employer, and also by being able to use the 5 years of experience, I am thinking it would be easier to make the recruitment smoother. Thank you in advance.
  6. I had my marriage based interview one Oct 1st, and I got approved. Just yesterday on Oct 6th, I received the Welcome Notice, confirming the adjustment of status. Today I noticed the status changed to "On October 7, 2014, we mailed the new card directly to the address we have on file.". I was wondering if there is a big risk in travelling without the GC, and have it later brought to me (while abroad) by my brother. The reason for me wanting to do this, is because my father is fighting a terminal tumor and I would like to be close to him as soon as possible. While searching online, I noticed most lawyers suggest to actually wait on receiving the physical card in hand, and/or optionally asking for an INFOPASS appointment and asking to receive a stamp. While other people (like me, non-laywers) say that it's not really a big deal and that it's doable. - Do the immigration officers ask for showing a GC when leaving the US? - Assuming that something could happen, let's say mail with GC gets returned back as undelivered ... would I be able to appeal/call from abroad. I don't have an immediate return date, so I wouldn't mind dealing with the embassy if that would be the case.
  7. meti_alb

    Revising and confirming

    Hi there, I am helping my employer revise all the paperwork as we are going to submit an extension for my H1B (my second 3-years in H1B status ever). While reading through the instructions and revising the paperwork he had prepared I came across with the following questions (I would greatly appreciate if you can help with answers ...most of them take yes/no for answer): Q.1 Which address is a H1B Extension (regular processing) mailed to (for MA employee)? This link http://goo.gl/d1N4p says that for H-1B Cap Cases, one must use USCIS Vermont Service Center ATTN: H-1B Cap 4 Lemnah Drive St. Albans. VT 05479-0001 while for all other All other I-129 Cases: USCIS Vermont Service Center ATTN: I-129 75 Lower Welden Street St. Albans, VT 05479-0001 I assume an extension of H1B application should fall under All Other I-129 Cases option (the second address), right? Q.2 Part 4, item 7 says Have you ever filed an immigrant petition for any beneficiary in this petition? Is the initial H-1B petition (the first 3 years in H1B) an immigrant petition? That's all my employer has filed about me ...and I am always confused by the way the terms immigrant vs non-immigrant are used. Q.3 Company has more than 25 full time employees. The full amount of fees to paid to USCIS is $1825.00 ($1500 for ACWIA and $325 for I-129 filing fee). Is this right? Q.4 Does it matter if the fee payment is in one single check all together? Or should they be a check per fee (separate ones)? Q.5 This is an extension of existing H1B with same employer and same position. The $500 Fraud Prevention and Detection fee is not required, right? Q.6 Does the employer have to prove that he has been advertising this position when submitting applying for an extension? Or is that required only when submitting the initial H1B petition (first 3 years)? Q.7 The employer is using form I-129 (10/07/11) to file this application. There a few supplements to this form where some of them are not applicable (completely empty) to my case. Are they required to be in the package to be mailed to USCIS? Just to confirm, in my application: I-129 (pages), "H Classification" (pages 11-16), "H-1B Data Collection and Filling Fee Exemption" (pages 17-19) have been filled in, while "E1/E2 Classification" (pages 8-9), "Trade Agreement" (page 10), "L Classification" (pages 20-23), "O and P Classification" (page 24 -25), "Q-1 Classification" (page 26), "R-1 Classification" (page 27-32) are all blank. I couldn't find any information saying whether to include them or not, whether applicable or not.
  8. meti_alb

    GC and 2nd H1B

    Do you know if employer needs to verify that he has been advertising the position when filing for an extension?
  9. meti_alb

    GC and 2nd H1B

    Thank you for your reply ;)
  10. meti_alb

    GC and 2nd H1B

    First I apologize that I am asking about this here as I could probably find some answers by searching the forum or on google, but I want to make sure that I do not land into some false information and that a second person kinda revises my knowledge(minimal in this case): My first 3 years under H1B are to expire this September 2013. If I have understood right, my company has to file for an "extension of the H1B" (1st question: what is it called when one files for a second 3 year petition? what is the right term? extension?! renewal?!). The company (the owner) has however expressed the will to help me out with the GC sponsorship. 2nd question: Can the employer avoid paying the fees for the "H1B extension/renewal" (if it's called so) if he starts applying for the GC directly? Or are those two somethings completely unrelated to each other? 3rd question: I think I know the answer to this one, but just to make sure - since I have been already cap-counted once when I applied for the first H1B, when I apply for this second one I should get approved without being counted towards the cap, right ?
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