dpp
06-28 02:52 PM
Use your PERM labor one - thats the safest, I have used that - Attorney signed off saying that is right
Its wrong. Please check with other senior attorney. It is going to be a problem if you used like that.
Its wrong. Please check with other senior attorney. It is going to be a problem if you used like that.
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jediknight
03-26 01:57 AM
I voted up the Immigration questions.
Looks like the Anti-Immigration folks are trying to vote down our questions.
- JK
Looks like the Anti-Immigration folks are trying to vote down our questions.
- JK
eb3_nepa
12-09 05:08 PM
I agree on this "full disclosure". If I have to leave a comment or a red/green dot, the person writing the comment HAS to be forced to reveal their ID.
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glus
01-03 11:03 AM
Going to school itself will not have any effect on your H-1B status. If you stop working for the H1b employer, then your H-1B status is gone. If you have EAD, you can continue working for anyone else. This has no effect on GC processing, as long as you can show that there is the same or similar position for you when they adjudicate your i485. I assume your 485 has been pending for more than 180days and that your I140 is approved. Your new employer, if you leave h-1b, will need to produce a letter that he has a position that is similar in title and duties to the orginal sponsor's position. Only with such a proof your GC can be approved later on. Keep in mind you must keep EAD always if you leave your H-1B employer.
more...
natrajs
09-05 12:11 PM
What's the big deal, if it is not this year may be in next few years another bill will be introduced. Bills will kept being introduced and some day one of those bill will pass.
Why should I worry about it? Do you really think you can make a difference?
Even the answer is yes, people with late priority dates should be more worried as they are the ones who will get their GC in several years. If they are not worried, why are you?
You know there is a saying that goes in my country, you can bring horse to water but you can't make him drink.
So dude take it easy... Even though in 5-10 years but folks will get their GC (of course assuming other things remain constant)
I may have early PD but it doesn't make GC is granted, rather than focus on �What�s in for me� please focus on common issue.
Great people had not thought about themselves, they always thought about the future.
There is old say in my country that a person who plants a tree will not be get benefited through that, but still plant it; the reason is that the person believes that the tree will give benefits to the future generations
Why should I worry about it? Do you really think you can make a difference?
Even the answer is yes, people with late priority dates should be more worried as they are the ones who will get their GC in several years. If they are not worried, why are you?
You know there is a saying that goes in my country, you can bring horse to water but you can't make him drink.
So dude take it easy... Even though in 5-10 years but folks will get their GC (of course assuming other things remain constant)
I may have early PD but it doesn't make GC is granted, rather than focus on �What�s in for me� please focus on common issue.
Great people had not thought about themselves, they always thought about the future.
There is old say in my country that a person who plants a tree will not be get benefited through that, but still plant it; the reason is that the person believes that the tree will give benefits to the future generations
aadimanav
12-20 06:33 PM
I found out from discussion about the USCIS Expedite service:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD
"
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
* USCIS error
* Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
"
I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.
I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.
It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)
She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD
"
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
* USCIS error
* Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
"
I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.
I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.
It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)
She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
more...
pd_recapturing
04-21 03:23 PM
Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.
According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.
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shaikhshehzadali
07-08 05:51 PM
They took 20 k tilll last month and no match.
____________________
contributed $260 so far
How do u know that?
____________________
contributed $260 so far
How do u know that?
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GCNirvana007
10-08 05:48 PM
i sent u PM.
Replied to you.
Replied to you.
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pasupuleti
02-13 05:04 PM
We met our san jose(CA) congressman Mike Honda (http://honda.house.gov/). We had good session with his staff. His office is in the process of writting a letter to Backlog centers asking them for speeding up approvals.Their office is well aware of backlog issues. Once they get a response back from DOL, they would let us know.
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adibhatla
06-16 12:18 PM
adibhatla,
What was the cause of the 485 denial? Is your 140 approved? I skimmed through some of your older posts but couldn't find an answer.
Thanks,
They say we (includes me and my wife) were missing G325A (boigraphic information sheets).
What was the cause of the 485 denial? Is your 140 approved? I skimmed through some of your older posts but couldn't find an answer.
Thanks,
They say we (includes me and my wife) were missing G325A (boigraphic information sheets).
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jliechty
May 28th, 2007, 09:24 PM
Visible Dust products used to cost way more than they were worth (they're still expensive, but not as prohibitive as they were previously). At that time, I found this article (http://www.prime-junta.net/pont/How_to/a_Brush_Your_Sensor/a_Brush_Your_Sensor.html?page=1), which offers a much less expensive suggestion. It could be worth checking out if you want to try a brush almost identical to the VD products without paying their high prices (a bit of "elbow grease" is required - just be careful to keep it off the sensor!). ;)
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GCwaitforever
02-09 05:50 PM
If you could customize it to let people tell their own life stories, that would be great. I am mailing my letter tonight.
To
Mr. John Beverly
Director, Foreign Labor Certification Program
200 Constitution Ave NW, room C4312
Washington, DC 20210
Mr. Beverly,
[Block A: Filler] with model text by the side ....
[Model text:
I am a ------ in one of the Fortune --- companies, with expertise in ---- field. I have about --- years of experience in the ------- field. I came to USA in ---- on a --- Visa. I hold ------ degree in --- from a premier Institute. My employer applied for -----(RIR/non-RIR), ---- (EB*), permanent labor certification in ---from ----- state. It reached ------ regional office in ------. My case is shipped to ----- (Dallas/Philadelphia) Backlog Center later and it is waiting for adjudication for the past ----- (one year). I have been waiting to apply for the green card for almost ---- (one-to-five) years now.]
Block B:
Based on information received from friends who received approvals at BEC, I see that the processing at the Backlog Elimination Centers has several problems.
Dallas and Philadelphia follow different procedures (RIR versus TR, Regional versus SWA cases)
FIFO has not been implemented correctly, as promised at the beginning of setting up these centers. For example, Dallas is approving cases from late 2004, while Philadelphia is approving random cases from 2002; the very reason for the creation of the BECs was to implement true nationwide FIFO order for labor certifications.
There is a complete lack of transparency and answerability from a public agency like BEC.
The BECs refuse to disclose how many people work in adjudication, how many cases have been adjudicated so far, how many cases are pending data entry, why certain states have more cases processed than others in random order, etc�
The BECs refuse to implement a simple application on the internet where applicants could check their statuses online.
The BECs refuse to disclose any future timeline, keeping 350,000 people in the dark as to what to expect and how long to wait.
All I am expecting from the BECs is little bit of transparency and respect which I truly deserve. I really would like to know the happenings at BECs. I appreciate if you could answer these questions below.
Why FIFO has not been implemented?
How many people are working on adjudications?
What are the criteria for picking up a case for processing?
Why are there differences in procedures between Dallas and Philadelphia BECs?
How many cases have been adjudicated so far?
Block C:[Filler]
[Model Text: Lack of information, long wait and continued slump in the career are creating lot of stress in my life. I can not change jobs. Any information from you would go a long way in assuaging these worries.]
Respectfully,
------------------------------------------------
xxxx
To
Mr. John Beverly
Director, Foreign Labor Certification Program
200 Constitution Ave NW, room C4312
Washington, DC 20210
Mr. Beverly,
[Block A: Filler] with model text by the side ....
[Model text:
I am a ------ in one of the Fortune --- companies, with expertise in ---- field. I have about --- years of experience in the ------- field. I came to USA in ---- on a --- Visa. I hold ------ degree in --- from a premier Institute. My employer applied for -----(RIR/non-RIR), ---- (EB*), permanent labor certification in ---from ----- state. It reached ------ regional office in ------. My case is shipped to ----- (Dallas/Philadelphia) Backlog Center later and it is waiting for adjudication for the past ----- (one year). I have been waiting to apply for the green card for almost ---- (one-to-five) years now.]
Block B:
Based on information received from friends who received approvals at BEC, I see that the processing at the Backlog Elimination Centers has several problems.
Dallas and Philadelphia follow different procedures (RIR versus TR, Regional versus SWA cases)
FIFO has not been implemented correctly, as promised at the beginning of setting up these centers. For example, Dallas is approving cases from late 2004, while Philadelphia is approving random cases from 2002; the very reason for the creation of the BECs was to implement true nationwide FIFO order for labor certifications.
There is a complete lack of transparency and answerability from a public agency like BEC.
The BECs refuse to disclose how many people work in adjudication, how many cases have been adjudicated so far, how many cases are pending data entry, why certain states have more cases processed than others in random order, etc�
The BECs refuse to implement a simple application on the internet where applicants could check their statuses online.
The BECs refuse to disclose any future timeline, keeping 350,000 people in the dark as to what to expect and how long to wait.
All I am expecting from the BECs is little bit of transparency and respect which I truly deserve. I really would like to know the happenings at BECs. I appreciate if you could answer these questions below.
Why FIFO has not been implemented?
How many people are working on adjudications?
What are the criteria for picking up a case for processing?
Why are there differences in procedures between Dallas and Philadelphia BECs?
How many cases have been adjudicated so far?
Block C:[Filler]
[Model Text: Lack of information, long wait and continued slump in the career are creating lot of stress in my life. I can not change jobs. Any information from you would go a long way in assuaging these worries.]
Respectfully,
------------------------------------------------
xxxx
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chanduv23
10-27 03:45 PM
Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
more...
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YesGC_NoGC
04-14 10:44 PM
CAn some one create survey for this?
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sai2005
03-06 04:22 PM
ALL Gurus,
My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.
Issue Details:
1) Applied GC EB2-RIR on JAN 2005
2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
3) Received EAD and AP for both myself and my Wife.
2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
3) Responded to RFE with mentioned documents on Jan 30th 2008
4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
6) My wife is on H1b Visa.
Questions based on my Issue:
1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If
so please advice on how to retain my status.
2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
3) Can I apply for a new Labor (PERM)? If YES:
1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?
4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?
5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?
I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.
Thanks
My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.
Issue Details:
1) Applied GC EB2-RIR on JAN 2005
2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
3) Received EAD and AP for both myself and my Wife.
2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
3) Responded to RFE with mentioned documents on Jan 30th 2008
4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
6) My wife is on H1b Visa.
Questions based on my Issue:
1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If
so please advice on how to retain my status.
2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
3) Can I apply for a new Labor (PERM)? If YES:
1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?
4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?
5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?
I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.
Thanks
more...
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somegchuh
10-26 12:18 PM
My wife went for H4 visa stamping in New Delhi embassy yesterday. The visa officer asked her a couple of questions, then asked for my I797 approval notice. He kept the passport and the approval notice and said they will mail the passport with visa.
Do they mail the I797 back with passport? I need the original approval notice for travel and my documentation. Has anyone been through this? Is there a way to follow up with the embassy to get it back? If they lose the document that will be a serious problem.
Do they mail the I797 back with passport? I need the original approval notice for travel and my documentation. Has anyone been through this? Is there a way to follow up with the embassy to get it back? If they lose the document that will be a serious problem.
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sanju
10-09 05:07 PM
Hi! there,
Are you sure you talked to the Immigration Officer? The guys who pick-up the phone at USCIS are not Immigration Officers. They are working for the contracting company assigned to just handle the incoming calls. If you convince them for speaking to an Immigration Officer about a pressing issue, only then you get transferred to an Immigration Officer, that changes of this happening is 1 in 10.
And the chance of the representative of the contracting company saying this is very high. Others on the forum have report much more weird experiences/replies.
Could you please clarify if the call was actually transferred to an Immigration Officer who told you this?
Hi,
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
Are you sure you talked to the Immigration Officer? The guys who pick-up the phone at USCIS are not Immigration Officers. They are working for the contracting company assigned to just handle the incoming calls. If you convince them for speaking to an Immigration Officer about a pressing issue, only then you get transferred to an Immigration Officer, that changes of this happening is 1 in 10.
And the chance of the representative of the contracting company saying this is very high. Others on the forum have report much more weird experiences/replies.
Could you please clarify if the call was actually transferred to an Immigration Officer who told you this?
Hi,
I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!
If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!
I am not sure what to do! Can somebody suggest anything!
How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!
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drona
07-12 02:49 PM
But won't we have right to contribute once we get our green cards. The sooner the better then?
irrational
06-30 04:23 PM
Message from AILA (American Immigration Lawyers Association) website about the biometrics cancellations:
6/30/2009 ASC Biometrics Cancellations
USCIS has reportedly cancelled all biometrics appointments for July 7-July 9, and all appointments are to be rescheduled in 2-3 weeks. AILA Doc. No. 09063061.
6/30/2009 ASC Biometrics Cancellations
USCIS has reportedly cancelled all biometrics appointments for July 7-July 9, and all appointments are to be rescheduled in 2-3 weeks. AILA Doc. No. 09063061.
gcdreamer05
12-18 08:33 PM
hi goel,
Can you find out if you had applied for Change of Status - to change from h4 to h1... talk to your company attornies to find out about it.
Can you find out if you had applied for Change of Status - to change from h4 to h1... talk to your company attornies to find out about it.
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