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shutterbabe
11-18 10:21 AM
Biometrics is not needed for EAD. I received mine with "NO fingerprint available" marked on the card. Please call them back or get another infopass and this time, you might be lucky to talk to somone who knows what they are saying. Or just may be, they changed the rule on the fly a few days ago regarding biometrics and EAD.
Hi, I didn't receive my EAD after the 90 days and my lawyer caller the customer service center and they told her that it hasn't been issued because I haven't gotten FPed for it even though I have gotten my FP done for the 485. Is this right? I have never heard of a separate FP needed for an EAD. I am really confused and despite several attempts to make an infopass appointment with the local office I keep getting "no appointments available" notice. My another question is can I get an appointment in an office that doesn't service the region? I live in Southern CT and New Rochelle, NY is the service center that I got my biometrics done and since I didn't get a date putting my own zip code in - I put New Rochelle's zip in it and it gave me openings in New York City. So, can I go see an officer in New York City even though that is not my local office?
Please help, I need to get my EAD soon since my job is waiting for it.:confused:
Hi, I didn't receive my EAD after the 90 days and my lawyer caller the customer service center and they told her that it hasn't been issued because I haven't gotten FPed for it even though I have gotten my FP done for the 485. Is this right? I have never heard of a separate FP needed for an EAD. I am really confused and despite several attempts to make an infopass appointment with the local office I keep getting "no appointments available" notice. My another question is can I get an appointment in an office that doesn't service the region? I live in Southern CT and New Rochelle, NY is the service center that I got my biometrics done and since I didn't get a date putting my own zip code in - I put New Rochelle's zip in it and it gave me openings in New York City. So, can I go see an officer in New York City even though that is not my local office?
Please help, I need to get my EAD soon since my job is waiting for it.:confused:
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immigrationvoice1
03-18 04:49 PM
I checked with my employer's immigration department. They said, revoking I-140 is not mandated by law however, revoking H1B is. I-140 was revoked primarily by my employers during the labor substitution days to pass on the underlying labor for the I-140 to another consultant once the original consultant left the company.
houston2005
08-21 11:26 AM
It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
Congrats.
Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
Congrats.
Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.
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badluck
06-22 09:41 AM
TB test should be positive or nigative. does it make any different in immigration
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ganguteli
02-09 11:53 AM
US experience won't count much unless you are from fortune 500 company. These days anyone even with Aptech certificate can get a chance to come and work in USA on L visa for short assignments. So if your experience is in a desi consulting firm, I do not think your resume will be attractive.
The figures shown are all looking good for experienced people in good companies. But it is not easy to get jobs as senior people in top companies. Also remember you have to work much more than you work here. You also have to work on Saturdays in a lot of companies. If your clients are in USA you may also need work in the night too to interact with your people in USA. Also remember in small companies you rarely get to do cutting edge world class work or new idea or planning. You will hardly learn or get special trainings.
Grass is always green on the other side
The figures shown are all looking good for experienced people in good companies. But it is not easy to get jobs as senior people in top companies. Also remember you have to work much more than you work here. You also have to work on Saturdays in a lot of companies. If your clients are in USA you may also need work in the night too to interact with your people in USA. Also remember in small companies you rarely get to do cutting edge world class work or new idea or planning. You will hardly learn or get special trainings.
Grass is always green on the other side
snram4
06-25 04:49 PM
what you mean by qualified people? Are you expecting a dynamic person with master degree or above with more than 5 years
but less than 10 years and those willing to work 16 hours a day and ready to relocate any time and for the QA analyst
position with the pay range of 30 to 40K? Then you will never get except some unemployed H1bs. I am seeing so
many unemployed Citizens/GCs/EAD and existing H1bs are available in USA. The slow movement of H1b cap shows that
That's correct.
There are many unemployed, but there are not many qualified willing people available.
Trying hard to recruit IT people for a month. Hardly finding any.
but less than 10 years and those willing to work 16 hours a day and ready to relocate any time and for the QA analyst
position with the pay range of 30 to 40K? Then you will never get except some unemployed H1bs. I am seeing so
many unemployed Citizens/GCs/EAD and existing H1bs are available in USA. The slow movement of H1b cap shows that
That's correct.
There are many unemployed, but there are not many qualified willing people available.
Trying hard to recruit IT people for a month. Hardly finding any.
more...
admin
06-01 04:19 PM
Question for Foks asking for a separate bill : I understand from Admins answer above , this may not be possible now.
My question is , separting this from CIR will QUICKEN the proceedings with respect to our issues?
Question for Admin : Was this poll started by IV?
BTW I have voted in favor of a separate bill assuming it will quicken things. Thanks.
This poll was started by one our forum members and not by the organizing committee.
Repeating my answer, no Senator is even willing to talk to us regarding an alternate bill till the fate of CIR is sealed.
Look at the necessary steps to pass a bill. We need to convince a senator, have the bill analyzed and discussed in the Senate Judiciary Committe, discussed and amended in the Senate Floor, passed in the Senate, convince a bunch of House Reps, get it introduced in the House, discussed in the House Judiciary Committee, discussed in the House, passed in the house. Only after all these steps will it be at the current stage as CIR.
So which Senator do you think will be willing to do all of this and then find that CIR with most of the provisions has already been passed.
My question is , separting this from CIR will QUICKEN the proceedings with respect to our issues?
Question for Admin : Was this poll started by IV?
BTW I have voted in favor of a separate bill assuming it will quicken things. Thanks.
This poll was started by one our forum members and not by the organizing committee.
Repeating my answer, no Senator is even willing to talk to us regarding an alternate bill till the fate of CIR is sealed.
Look at the necessary steps to pass a bill. We need to convince a senator, have the bill analyzed and discussed in the Senate Judiciary Committe, discussed and amended in the Senate Floor, passed in the Senate, convince a bunch of House Reps, get it introduced in the House, discussed in the House Judiciary Committee, discussed in the House, passed in the house. Only after all these steps will it be at the current stage as CIR.
So which Senator do you think will be willing to do all of this and then find that CIR with most of the provisions has already been passed.
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CRAZYMONK
08-16 03:26 PM
There is not direct signed contract with the client and old employer. There are like 3 layers inbetween client and the old employer. old employer have contract with the middle vendor not the client.
But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.
Thanks,
Srikanth
Srikanth,
It all depends on the language in the Agreement that you signed. More over in some state doesn't consider these kind of agreements.
Tell him that you are going to complain to DOL if he threatens you. Even though he sues you, as the reason behind your H1 transfer is not getting paid in time, there are very good chances getting final verdict in your favor.
So don't worry.
But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.
Thanks,
Srikanth
Srikanth,
It all depends on the language in the Agreement that you signed. More over in some state doesn't consider these kind of agreements.
Tell him that you are going to complain to DOL if he threatens you. Even though he sues you, as the reason behind your H1 transfer is not getting paid in time, there are very good chances getting final verdict in your favor.
So don't worry.
more...
gauravster
12-03 09:25 AM
One more thing that you might look into is the vacations that you hae taken. Generally speaking, if you spend time outside the US, you can exclude that time from the H1B 6 year limit. So if you took an average of 2 week vacation every year, you could get about 12 additional weeks. So your H1B would expire closer to Dec end, instead of 30 Sep.
You might need to provide documentation to prove this though. The additional time might be valuable nevertheless.
You might need to provide documentation to prove this though. The additional time might be valuable nevertheless.
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webm
04-21 02:24 PM
I wanted to inform the community that our GC is finally approved... I just checked my email hoping against hope that I might see some good news and good news is what I saw...
This is a tremendous relief to us.
They have approved and ordered card production to myself and my spouse. But looks like they have not approved our son's GC. Hope they don't delay that last piece of processing any longer.
Good luck to everybody else and hope you all the best.
Congrats to you!! hopeful08
This is a tremendous relief to us.
They have approved and ordered card production to myself and my spouse. But looks like they have not approved our son's GC. Hope they don't delay that last piece of processing any longer.
Good luck to everybody else and hope you all the best.
Congrats to you!! hopeful08
more...
saileshdude
05-15 09:42 AM
Mishras,
If your case is genuinely true then you should not have a issue scanning the RFE as is and posting it . You can take out your name and personal info but leave everything else intact if you want to. Also did you contact IV members like Pappu if you really need help. If you indeed got this kind of RFE then you should not hesitate to contact them.
If your case is genuinely true then you should not have a issue scanning the RFE as is and posting it . You can take out your name and personal info but leave everything else intact if you want to. Also did you contact IV members like Pappu if you really need help. If you indeed got this kind of RFE then you should not hesitate to contact them.
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gc_chahiye
09-23 02:11 AM
Gurus,
Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:
1) Is that o.k having copies only or we should have originals? If we do not
have originals what bad may happen?
2) Either my lawyer or I have not received any of my receipts but we
received all receipts of my family. Is this normal? How long should we wait
for my receipts before contacting USCIS? By the way USCIS already gave
me my all numbers for teh receipts and according to USCIS my receipts
already mailed on Sept 14th. What would be advisable action for me in
this case?
3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?
Thanks.
- BharatPremi
1. we also only have the copies of our receipts. Lawyers say the originals are property of the employer. Does not matter I think, as what we needed were the receipt numbers to track status, and a copy in case we communicate with USCIS (if we communicate with USCIS for something, we'll only include a copy of the receipt, dont need original). If you ever feel you need the original receipt (esp. of the 485) you can point them to the regulation that says you need original 485 receipt if you travel when you have AOS pending. there was a thread earlier on IV, and also lots of Google references:
http://www.google.com/search?q=%22is+in+possession+of+the+original%22+tr avel+adjustment&sourceid=navclient-ff&ie=UTF-8&rlz=1B3GGGL_enUS230US230
2. people have got receipts (even fingerprinting notices, appointments) weeks apart from their co-applicant. I would say hang on a week before you contact uscis.
3. our receipt also had the PD field blank. Apparently thats normal
Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:
1) Is that o.k having copies only or we should have originals? If we do not
have originals what bad may happen?
2) Either my lawyer or I have not received any of my receipts but we
received all receipts of my family. Is this normal? How long should we wait
for my receipts before contacting USCIS? By the way USCIS already gave
me my all numbers for teh receipts and according to USCIS my receipts
already mailed on Sept 14th. What would be advisable action for me in
this case?
3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?
Thanks.
- BharatPremi
1. we also only have the copies of our receipts. Lawyers say the originals are property of the employer. Does not matter I think, as what we needed were the receipt numbers to track status, and a copy in case we communicate with USCIS (if we communicate with USCIS for something, we'll only include a copy of the receipt, dont need original). If you ever feel you need the original receipt (esp. of the 485) you can point them to the regulation that says you need original 485 receipt if you travel when you have AOS pending. there was a thread earlier on IV, and also lots of Google references:
http://www.google.com/search?q=%22is+in+possession+of+the+original%22+tr avel+adjustment&sourceid=navclient-ff&ie=UTF-8&rlz=1B3GGGL_enUS230US230
2. people have got receipts (even fingerprinting notices, appointments) weeks apart from their co-applicant. I would say hang on a week before you contact uscis.
3. our receipt also had the PD field blank. Apparently thats normal
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Libra
08-13 11:03 AM
Members who became seniors on this forum, if you have contributed to IV so far, then can you guys put that in your signature, and junior members can you please think of contributing to IV.
Contribute to IV and show your support.
Contribute to IV and show your support.
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bigboy007
12-10 04:23 PM
Pay scale : My initial labor is approved with Company A with Payrange of 48K thereafter i am getting around 79K with the same employer and around the time when my 140 is applied and approved + 485 filed.
Now new job with be around around payscale of 85k etc how does it effect ? based on following lines i used to get similar amount when my 140 is filed.
PPL SAY
The Yates Memo (2005) explained that a difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial, as long as the case meets occupational classification requirement. However, a significant discrepancy in salary may be a factor in determining whether the new job is "same or similar."
Now new job with be around around payscale of 85k etc how does it effect ? based on following lines i used to get similar amount when my 140 is filed.
PPL SAY
The Yates Memo (2005) explained that a difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial, as long as the case meets occupational classification requirement. However, a significant discrepancy in salary may be a factor in determining whether the new job is "same or similar."
more...
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desi3933
07-20 04:53 PM
I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
Suject to certain conditions, children born abroad to permanent resident mothers are permanent residents. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, and this trip must occur before the child is two years of age. I think, the child in this situation does not need a visa. Please check with your lawyer.
The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and birth certificate for the child.
____________________
Not a legal advice.
We are planning to bring the kid by end of this year to USA.
So what visa should we apply for him we are not sure :confused:
A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.
But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.
Thanks in advance, ;)
Suject to certain conditions, children born abroad to permanent resident mothers are permanent residents. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, and this trip must occur before the child is two years of age. I think, the child in this situation does not need a visa. Please check with your lawyer.
The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and birth certificate for the child.
____________________
Not a legal advice.
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dealsnet
07-24 12:44 PM
If your appeal for I-140 & I-485 in process, you are legal, and if you have unexpired EAD, you can work.
If you have H1 renewed (less than 6 years) you can work irrespective of I-485 appeal result. If you are more than 6 years in H1B, you have to go back, if your appeal (MTR) is denied. (more than 6 years of extension is based on approved I-140)
WHAT IS YOUR LAWYER'S OPINION ???
I have question Need Urgent reply
I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial
my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.
If you have H1 renewed (less than 6 years) you can work irrespective of I-485 appeal result. If you are more than 6 years in H1B, you have to go back, if your appeal (MTR) is denied. (more than 6 years of extension is based on approved I-140)
WHAT IS YOUR LAWYER'S OPINION ???
I have question Need Urgent reply
I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
I have renewed my EAD and travel document before I485 denial
my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
can some some body help me understand this situation.
more...
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krishnam70
11-20 03:44 PM
Hi friends ,
Im planing to travell on AP in december .I have my H1 approved till 2010.
I heard travelling with Emirates Air line may be a problem because they dont know about AP .Is that true ?
2-what documents i need to have with me when comming back on AP ?
Thanks for any inputs .
Not true, every airline worth its salt knows about these immigration procedures and documentation required. Travelled via emirates twice on AP no issues. It is advisable to carry copies of all of your documents with you when you enter the US so that you can provide the same to the IO at the POE. Ofcourse you need to take the 2 orignals of the Advance Parole and present them. If it makes your case here are what i used to carry always
- Letter of employment
- ead copy
- 485 receipt letter
- bank statement 1-2 cycles
- i-140 copy
- l/c copy
- passports :)
good luck
kris
Im planing to travell on AP in december .I have my H1 approved till 2010.
I heard travelling with Emirates Air line may be a problem because they dont know about AP .Is that true ?
2-what documents i need to have with me when comming back on AP ?
Thanks for any inputs .
Not true, every airline worth its salt knows about these immigration procedures and documentation required. Travelled via emirates twice on AP no issues. It is advisable to carry copies of all of your documents with you when you enter the US so that you can provide the same to the IO at the POE. Ofcourse you need to take the 2 orignals of the Advance Parole and present them. If it makes your case here are what i used to carry always
- Letter of employment
- ead copy
- 485 receipt letter
- bank statement 1-2 cycles
- i-140 copy
- l/c copy
- passports :)
good luck
kris
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manderson
11-09 08:57 AM
unless you are a European on EB3.
My lawyer told me the backlog is 400K. As an European, I am expecting to wait between 2 to 3 years for my GC. Anything sooner would be a nice surprise!
My lawyer told me the backlog is 400K. As an European, I am expecting to wait between 2 to 3 years for my GC. Anything sooner would be a nice surprise!
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Kitiara
05-27 09:08 AM
It took me about 5 minutes to ven <i>find</i> the links page... :sure: They're all vile. Truly hideous. :)
kate123
09-16 03:02 PM
Called all the representatives.... guys it took only 15 minutes.. burn all the fone lines!!!!!!!!its our last chance and only hope...
abhisam
01-07 06:31 PM
Thanks Sanjay02.
Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
If I use new one(which is valid), isn't it in contra with AOS application?
Has anyone faced this situation ?
I would like to know the answer to this question too. does anybody know?
also pkv..how many days did it take you to get the new passport?
Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
If I use new one(which is valid), isn't it in contra with AOS application?
Has anyone faced this situation ?
I would like to know the answer to this question too. does anybody know?
also pkv..how many days did it take you to get the new passport?
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delax
11-08 01:43 PM
sury,
What that means is "All applications received before August 25, 2006 AND whose PD is current , are being processed"
If your PD is 2003 but you filed your I-485 after Aug'2006 your app will not be adjudicated.
If you filed before Aug'2006 but your PD is after Apr'2004, your app will not be adjudicated.
If your PD is before Apr'2004 and you filed your app before August 25, 2006, your app will be adjudicated..
This is to make sure people don't start expecting approvals and calling them left and right one day after filing if their PD is current. they need some time for every application, so they put in this 'processing date' which works in conjunction with 'priority date' to check if a case is approvable at any given time. They normally won't entertain calls enquiring about a case if the filing date does not fall within this processing date.
I beg to differ - while your general premise is accurate, I know of at least half a dozen people who filed 485 in June 2007 and got appproved over the last two weeks from TX Service Center - I dont think Aug 2006 is a hard date - like many other things with USCIS - they have an irrational passion for NOT applying the FIFO principle and we are expected to digest this irrational passion of theirs with dispassionate rationality.
What that means is "All applications received before August 25, 2006 AND whose PD is current , are being processed"
If your PD is 2003 but you filed your I-485 after Aug'2006 your app will not be adjudicated.
If you filed before Aug'2006 but your PD is after Apr'2004, your app will not be adjudicated.
If your PD is before Apr'2004 and you filed your app before August 25, 2006, your app will be adjudicated..
This is to make sure people don't start expecting approvals and calling them left and right one day after filing if their PD is current. they need some time for every application, so they put in this 'processing date' which works in conjunction with 'priority date' to check if a case is approvable at any given time. They normally won't entertain calls enquiring about a case if the filing date does not fall within this processing date.
I beg to differ - while your general premise is accurate, I know of at least half a dozen people who filed 485 in June 2007 and got appproved over the last two weeks from TX Service Center - I dont think Aug 2006 is a hard date - like many other things with USCIS - they have an irrational passion for NOT applying the FIFO principle and we are expected to digest this irrational passion of theirs with dispassionate rationality.
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gcdreamer05
10-28 02:40 PM
Folks,
Iam starting this new thread so that people will know what are the pros and cons leaving a company once GC is approved.
1.What are all the things to be noted while leaving the company after getting GC.
2.To be specific how long a consultant should be with company after GC is approved.
3.Also once GC is approved and if the consultant is off the payroll for say 2 to 3 months will there be any problem while filing for citizen ship.
There is alreayd a thread in IV forums explaining in detail and discussing the pros and cons of this, please refer that......
Iam starting this new thread so that people will know what are the pros and cons leaving a company once GC is approved.
1.What are all the things to be noted while leaving the company after getting GC.
2.To be specific how long a consultant should be with company after GC is approved.
3.Also once GC is approved and if the consultant is off the payroll for say 2 to 3 months will there be any problem while filing for citizen ship.
There is alreayd a thread in IV forums explaining in detail and discussing the pros and cons of this, please refer that......
iamlost
07-24 10:37 PM
HI,
Don't panic. USCIS rarely reopens an approved GC (only in cases of fraud or misrepresentation). If you are talking about the online status, I would not pay too much attention to it as it gives incorrect info sometimes.
If you or your company did actually receive a RFE in the snail mail, get in touch with a good attorney and contact USCIS to see what is going on.
Alternatively, you can contact USCIS customer service yourself, to put your mind at ease.
Good luck.
I am wondering if this has anything to do with the erroneous 140 approvals from TSC. So, they revised all the approvals to pending status ... and my 2.5 old approved case also got in midst of it ... Hmmm !!! This is killing man .... No peace even after GC !
TSC Erroneously Issues I-140 Approval eMails on Premium Processing Cases
�MurthyDotCom
The Texas Service Center (TSC) advised in late July 2009 that eMail notifications have incorrectly been sent, which indicate approvals of Immigrant Petition for Alien Worker (I-140) cases. These eMails are originating from the Premium Processing Unit due to a technical problem. The system is issuing these eMails in error shortly after the transmission of the eMail receipt.
�MurthyDotCom
Erroneous I-140 Approval eMails do not have a Priority Date
�MurthyDotCom
The erroneous eMail does not contain a priority date or EB classification for the case. TSC is working to address the technical problem. Employers who are unsure about any such communication received from the TSC Premium Processing Unit can contact that unit at the eMail address or phone number provided on the I-140 receipt notice.
�MurthyDotCom
Conclusion
�MurthyDotCom
This likely is annoying and frustrating to individuals who believed their I-140 approvals were received in record time, only to find out that the approval eMail notification was erroneous. Although not specifically stated in the information released by TSC, it appears that this problem has been limited to eMail notifications. There was no indication that any hard-copy approval notices have been issued in error. MurthyDotCom and MurthyBulletin readers will be advised of any further information on this topic, when it is made available.
Don't panic. USCIS rarely reopens an approved GC (only in cases of fraud or misrepresentation). If you are talking about the online status, I would not pay too much attention to it as it gives incorrect info sometimes.
If you or your company did actually receive a RFE in the snail mail, get in touch with a good attorney and contact USCIS to see what is going on.
Alternatively, you can contact USCIS customer service yourself, to put your mind at ease.
Good luck.
I am wondering if this has anything to do with the erroneous 140 approvals from TSC. So, they revised all the approvals to pending status ... and my 2.5 old approved case also got in midst of it ... Hmmm !!! This is killing man .... No peace even after GC !
TSC Erroneously Issues I-140 Approval eMails on Premium Processing Cases
�MurthyDotCom
The Texas Service Center (TSC) advised in late July 2009 that eMail notifications have incorrectly been sent, which indicate approvals of Immigrant Petition for Alien Worker (I-140) cases. These eMails are originating from the Premium Processing Unit due to a technical problem. The system is issuing these eMails in error shortly after the transmission of the eMail receipt.
�MurthyDotCom
Erroneous I-140 Approval eMails do not have a Priority Date
�MurthyDotCom
The erroneous eMail does not contain a priority date or EB classification for the case. TSC is working to address the technical problem. Employers who are unsure about any such communication received from the TSC Premium Processing Unit can contact that unit at the eMail address or phone number provided on the I-140 receipt notice.
�MurthyDotCom
Conclusion
�MurthyDotCom
This likely is annoying and frustrating to individuals who believed their I-140 approvals were received in record time, only to find out that the approval eMail notification was erroneous. Although not specifically stated in the information released by TSC, it appears that this problem has been limited to eMail notifications. There was no indication that any hard-copy approval notices have been issued in error. MurthyDotCom and MurthyBulletin readers will be advised of any further information on this topic, when it is made available.
2011 elena+vampire+diaries Kiss
pappu
11-10 10:57 PM
USCIS Ombudsmun Report - Total I140 approved:
Approved
2000:89,583
2001: 99,659
2002: 93,533
2003:62,281
2004:67,552
2005:94,211
2006:104,168
Oct 2006 to April 2007: 65,098
found this on another site
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
Approved
2000:89,583
2001: 99,659
2002: 93,533
2003:62,281
2004:67,552
2005:94,211
2006:104,168
Oct 2006 to April 2007: 65,098
found this on another site
http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls
more...
srarao
07-21 11:03 PM
Hello,
When I first took my medical tests for I-485 with a doctor, the doctor put an additional document stating that: "I have a positive PPD that was read as 9mm of induration. A NORMAL chest x-ray was read. The patient is refered to their PCP or County Health Department for evaluation and possible treatment with INH for 9 months".
Now I received the RFE from CIS asking for the following:
"The form I-693 submitted is hereby returned because you TB test results were not documented appropriately. Additional documentation submitted from Civil Surgeon indicates that you were possibly being refered to the County Health Department for evaluation and have received teh follow up treatment.
The I-693 form must be properly endorsed by Civil Surgeon to reflect the following:
-> The date you first refered to the local health dept for evaluation
-> Name and address of the health dept
-> results of the X-ray and other TB test
-> Based on which you are medically cleared for adjustment status
"
If anyone had similar experiences, please let me know how to proceed on this issue.
PS: I got very late appointment with County Health department, so If I go to a private TB specialist and If I take the results to the original doctor and can he able to update my I-693 based on the TB specialist results?
If I go on 9 month medication will CIS wait 9 months to further process my petition or hold my EAD status?
If I go to a new doctor and If he gives me a new set of medical results, will CIS overlook previous doctor's comments?
I dont have much time as I just had 20 days left to send back my results to CIS.
Thanks for yor help.
Ravi
When I first took my medical tests for I-485 with a doctor, the doctor put an additional document stating that: "I have a positive PPD that was read as 9mm of induration. A NORMAL chest x-ray was read. The patient is refered to their PCP or County Health Department for evaluation and possible treatment with INH for 9 months".
Now I received the RFE from CIS asking for the following:
"The form I-693 submitted is hereby returned because you TB test results were not documented appropriately. Additional documentation submitted from Civil Surgeon indicates that you were possibly being refered to the County Health Department for evaluation and have received teh follow up treatment.
The I-693 form must be properly endorsed by Civil Surgeon to reflect the following:
-> The date you first refered to the local health dept for evaluation
-> Name and address of the health dept
-> results of the X-ray and other TB test
-> Based on which you are medically cleared for adjustment status
"
If anyone had similar experiences, please let me know how to proceed on this issue.
PS: I got very late appointment with County Health department, so If I go to a private TB specialist and If I take the results to the original doctor and can he able to update my I-693 based on the TB specialist results?
If I go on 9 month medication will CIS wait 9 months to further process my petition or hold my EAD status?
If I go to a new doctor and If he gives me a new set of medical results, will CIS overlook previous doctor's comments?
I dont have much time as I just had 20 days left to send back my results to CIS.
Thanks for yor help.
Ravi
WeShallOvercome
11-07 12:10 PM
If EB2 PD is 1 APR 2004 then what does the ProcessingTimeFrame Date(August 25, 2006) mean for I-485 in Texas Service Center.
Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule
sury,
What that means is "All applications received before August 25, 2006 AND whose PD is current , are being processed"
If your PD is 2003 but you filed your I-485 after Aug'2006 your app will not be adjudicated.
If you filed before Aug'2006 but your PD is after Apr'2004, your app will not be adjudicated.
If your PD is before Apr'2004 and you filed your app before August 25, 2006, your app will be adjudicated..
This is to make sure people don't start expecting approvals and calling them left and right one day after filing if their PD is current. they need some time for every application, so they put in this 'processing date' which works in conjunction with 'priority date' to check if a case is approvable at any given time. They normally won't entertain calls enquiring about a case if the filing date does not fall within this processing date.
Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule
sury,
What that means is "All applications received before August 25, 2006 AND whose PD is current , are being processed"
If your PD is 2003 but you filed your I-485 after Aug'2006 your app will not be adjudicated.
If you filed before Aug'2006 but your PD is after Apr'2004, your app will not be adjudicated.
If your PD is before Apr'2004 and you filed your app before August 25, 2006, your app will be adjudicated..
This is to make sure people don't start expecting approvals and calling them left and right one day after filing if their PD is current. they need some time for every application, so they put in this 'processing date' which works in conjunction with 'priority date' to check if a case is approvable at any given time. They normally won't entertain calls enquiring about a case if the filing date does not fall within this processing date.
more...
buddhaas
02-02 03:57 PM
Why Is H-1B A Dirty Word?
By Eleanor Pelta, AILA First Vice President
H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.
But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.
Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.
How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement—the Department of Labor—but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.
Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.
It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA—these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.
And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.
The assault on H-1B's is not only offensive, it's dangerous. Here's why:
* H-1B's create jobs—statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers—this is lost when companies are discouraged from using the program.
* The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
* The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
* The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India –one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
* The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
Whatever the cause of the visceral reaction against H-1B workers might be—whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy –I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
source link : http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html#comment-form
By Eleanor Pelta, AILA First Vice President
H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.
But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.
Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.
How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement—the Department of Labor—but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.
Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.
It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA—these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.
And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.
The assault on H-1B's is not only offensive, it's dangerous. Here's why:
* H-1B's create jobs—statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers—this is lost when companies are discouraged from using the program.
* The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
* The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
* The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India –one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
* The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
Whatever the cause of the visceral reaction against H-1B workers might be—whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy –I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
source link : http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html#comment-form
2010 The Vampire Diaries Damon And
avi101
05-19 04:30 PM
A few more questions:
1. While the I-140 is pending, can I get a different lawyer to file the I-485?
2. If I wait until the I-140 is approved and then get a different lawyer to process my I-485 (or do it myself), will this be a problem?
3. Can my employer withdraw the I-140 AFTER it's been approved?
Please advise me.
1. Yes you can.. but how is it going to help? you still need your employer's support letter and I140 receipt notice. Read all the posts carefully.
2. No problem. But why? Your employer is your 1st problem, lawyer 2nd. Lawyer is going to listen to your employer for labor and I140. They have to legally. you need to get the employment letter and I140 notice. Law firms and employer are not legally obligated to provide you I140 related information as its employer who is petitioning for you.
3. Yes.
1. While the I-140 is pending, can I get a different lawyer to file the I-485?
2. If I wait until the I-140 is approved and then get a different lawyer to process my I-485 (or do it myself), will this be a problem?
3. Can my employer withdraw the I-140 AFTER it's been approved?
Please advise me.
1. Yes you can.. but how is it going to help? you still need your employer's support letter and I140 receipt notice. Read all the posts carefully.
2. No problem. But why? Your employer is your 1st problem, lawyer 2nd. Lawyer is going to listen to your employer for labor and I140. They have to legally. you need to get the employment letter and I140 notice. Law firms and employer are not legally obligated to provide you I140 related information as its employer who is petitioning for you.
3. Yes.
more...
enggr
11-21 01:47 PM
enggr: You have completed the course in 2000 (per course completion certificate), but your degree was awarded in 2002 after you completed a supplemental exam. Since the position requires a candidate who qualifies for EB2, USCIS will deny your 140 petition. IMHO, you will have to start your green card journey from scratch.
Hi Wandmaker,
thank you for paying attention to my thread. Did you mean the position requires a EB2 candidate because of the 5 years of required exp?
I do have 5 years of exp, but its not progressive to graduation due to the 2000, 2002 issue. Also on the labor certification the employer has mentioned that he is ready to accept any alternative combination of experience/skills. Will this help? Please advice
Hi Wandmaker,
thank you for paying attention to my thread. Did you mean the position requires a EB2 candidate because of the 5 years of required exp?
I do have 5 years of exp, but its not progressive to graduation due to the 2000, 2002 issue. Also on the labor certification the employer has mentioned that he is ready to accept any alternative combination of experience/skills. Will this help? Please advice
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mariusp
02-22 09:47 PM
Yeah, I had to refresh the page a zillion times :) Ctrl F5
Here are the PDFs I saved:
NSC: http://www.mediafire.com/?dfmddmf9brw
TSC: http://www.mediafire.com/?9t9n19jxycy
I went to web site and it still shows Jan processing dates.
How is it possible?
Here are the PDFs I saved:
NSC: http://www.mediafire.com/?dfmddmf9brw
TSC: http://www.mediafire.com/?9t9n19jxycy
I went to web site and it still shows Jan processing dates.
How is it possible?
more...
sw33t
05-07 12:25 AM
The Civil Rights Division's Coordination and Review Section can handle individual complaints alleging discrimination on the basis of race, color, national origin, sex, and religion by State and local law enforcement agencies that receive financial assistance from the Department of Justice.
http://www.usdoj.gov/crt/cor/index.php
Most major city police departments receive grants from the DOJ.
Here is the Dept. of Justice website giving more information -
http://www.usdoj.gov/crt/split/complaints.php#Police
Don't try going to the department directly or filing a form directly. Not recommended as they will not be friendly.
Also contact your local community organization leaders and let them know about the incident.
It might be a good idea to setup a protocol or a process in place in the event something like this happens again. Memorize a contact number and educate your family members on what to do.
Here is more information on your rights if you are detained or arrested -
http://www.msba.org/departments/commpubl/publications/brochures/legalrights.htm
The above link is a compilation by the Maryland Bar Association but it is pretty close to what you can do and what you can't.
File a complaint over here - http://www.policeabuse.com/index.php?option=com_performs&formid=44 if you live in a small town/city. Its Free.
BTW, this is a very popular technique to evict a neighbor who is not wanted around. :) But then again, I might be speculating about your living situation.
I hope you did not commit an act of domestic violence.
http://www.usdoj.gov/crt/cor/index.php
Most major city police departments receive grants from the DOJ.
Here is the Dept. of Justice website giving more information -
http://www.usdoj.gov/crt/split/complaints.php#Police
Don't try going to the department directly or filing a form directly. Not recommended as they will not be friendly.
Also contact your local community organization leaders and let them know about the incident.
It might be a good idea to setup a protocol or a process in place in the event something like this happens again. Memorize a contact number and educate your family members on what to do.
Here is more information on your rights if you are detained or arrested -
http://www.msba.org/departments/commpubl/publications/brochures/legalrights.htm
The above link is a compilation by the Maryland Bar Association but it is pretty close to what you can do and what you can't.
File a complaint over here - http://www.policeabuse.com/index.php?option=com_performs&formid=44 if you live in a small town/city. Its Free.
BTW, this is a very popular technique to evict a neighbor who is not wanted around. :) But then again, I might be speculating about your living situation.
I hope you did not commit an act of domestic violence.
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snram4
01-19 09:42 PM
People voted Obama just for economy and jobs. I remember when Paulin was announced GOP was leading for 2 weeks. When Stock market started tanking with demise of Lehmen GOP started losing. Imstead of not concentrating on economy he started working on healthcare. So democrats lost. In this situation he will realise now and he will take economy as first priority and immigration will be last 10th priority. Immigration group may have defend many anti immigrant bills and memos in this year. But nothing will be passed either for or against immigrants. Status quo will continue for 2010. This nov Election results will decide CIR 20111
Every other year, there is election and only this damn. election drives what is done and what is not done in congress year after year. The good old time, bills are passed that are important and good for the general people and this some times was not popular, but now only the issues popular are are being taken and rather than voting on what is good, the law makers tend to go with what people like, and people's likes and dislikes keep changing and the same change work against them sometimes. Also people on one area does not like what is liked in other area and when we have a product that contains both, well the same people now unite and start to not like the final product and this goes on ..... It is same CHANGE that President Obama mentions too often, but the same change is Now liked by Republicans, and Dems did not like the change this time around. Also with the communication revolutions, the election campaign seems to have become much much long.... And Oh !! Well... now our President apart from Health Care Reform, Immigration Reform and climate change issue, also need to work on his re-election from now on, if he doesn't want the change he loves some much, in White House in 2012 election... HOPE - at least people in this group, see CHANGE for better, CHANGE from AOS to LPR .... Now, let us see what will this loss of filibuster majority by Dems do in the interim.... Only time can tell. Change we can believe in !!!
Every other year, there is election and only this damn. election drives what is done and what is not done in congress year after year. The good old time, bills are passed that are important and good for the general people and this some times was not popular, but now only the issues popular are are being taken and rather than voting on what is good, the law makers tend to go with what people like, and people's likes and dislikes keep changing and the same change work against them sometimes. Also people on one area does not like what is liked in other area and when we have a product that contains both, well the same people now unite and start to not like the final product and this goes on ..... It is same CHANGE that President Obama mentions too often, but the same change is Now liked by Republicans, and Dems did not like the change this time around. Also with the communication revolutions, the election campaign seems to have become much much long.... And Oh !! Well... now our President apart from Health Care Reform, Immigration Reform and climate change issue, also need to work on his re-election from now on, if he doesn't want the change he loves some much, in White House in 2012 election... HOPE - at least people in this group, see CHANGE for better, CHANGE from AOS to LPR .... Now, let us see what will this loss of filibuster majority by Dems do in the interim.... Only time can tell. Change we can believe in !!!
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brij523
02-17 10:10 AM
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ilikekilo
06-07 04:16 PM
I agree 100% with jthomas above...moving from a secured job is not advisable in this market..I lived in Atlanta for a few years recently and can shed some light on the place..
Even if you have a secured job/contract, it would take a while to get into the new work environment and unless you are absolutely undisposable, you would be on the list of maybe's being a new-hire.
I will leave the job judgement upto you..
Regarding the place..
I moved from chicago to atlanta as well...the place is quite warm and not too hot like dallas...greener and more relaxed..
Again this depends on your job, dunwoody is a better place..it is in north suburbs..unlike chicago, you can drive downtown to work if you are working downtown...and also unlike chicago most companies in downtown have their own parking and you dont have to pay extra..
Rent is cheap..I used to rent a townhome in chicago suburbs for 1500$ and I can get a townhome in downtown atlanta for 1000$..you can calculate from that..
though I lived downtown atlanta for a while..i strongly suggest if you have family to avoid living in downtown..it is not safe and not a place for kids and family to relax and roam around...
I dont know how long you lived in chicago..but once you move you will definitely miss the vibrant life of chicago...atleast i did..lot of indian restaurants in atlanta but none of them are decent...
positives: weather, cost of living
negatives: avg. city life, lesser job opportunities(compared to chicago)
I am not sure which way my suggestions tilt above..just a disclaimer..i lived in chicago for ~6yrs and absoutely love the place...that might have clouded my judgement a bit..but you can take what suits you from it...
good luck and plan wisely!!
thanks for sharing ur insight..iam in Chicago, althought not right in downtown, I do agree with the vibrant nature of the city and people in it...cant beat the commute facilities too, downsides, yes, terrible terrible winters, high cost of living...etc..its JUne and it still low 50's..:)
Even if you have a secured job/contract, it would take a while to get into the new work environment and unless you are absolutely undisposable, you would be on the list of maybe's being a new-hire.
I will leave the job judgement upto you..
Regarding the place..
I moved from chicago to atlanta as well...the place is quite warm and not too hot like dallas...greener and more relaxed..
Again this depends on your job, dunwoody is a better place..it is in north suburbs..unlike chicago, you can drive downtown to work if you are working downtown...and also unlike chicago most companies in downtown have their own parking and you dont have to pay extra..
Rent is cheap..I used to rent a townhome in chicago suburbs for 1500$ and I can get a townhome in downtown atlanta for 1000$..you can calculate from that..
though I lived downtown atlanta for a while..i strongly suggest if you have family to avoid living in downtown..it is not safe and not a place for kids and family to relax and roam around...
I dont know how long you lived in chicago..but once you move you will definitely miss the vibrant life of chicago...atleast i did..lot of indian restaurants in atlanta but none of them are decent...
positives: weather, cost of living
negatives: avg. city life, lesser job opportunities(compared to chicago)
I am not sure which way my suggestions tilt above..just a disclaimer..i lived in chicago for ~6yrs and absoutely love the place...that might have clouded my judgement a bit..but you can take what suits you from it...
good luck and plan wisely!!
thanks for sharing ur insight..iam in Chicago, althought not right in downtown, I do agree with the vibrant nature of the city and people in it...cant beat the commute facilities too, downsides, yes, terrible terrible winters, high cost of living...etc..its JUne and it still low 50's..:)
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Dandruff
02-11 09:55 AM
Once you strart using EAD your H1 will be terminated. If you want to switch to H1 again your need to apply for fresh H1 in the new quota. You cant renew because its terminated.
Hmm... I agree with : "Once you strart using EAD your H1 will be terminated."
what I dont agree with is : "If you want to switch to H1 again your need to apply for fresh H1 in the new quota."
You can reapply for H1-B but you are NOT subject to H1-B cap / quota.
It should not be subject to the annual cap unless you have been out of the U.S. for at least one year since you were last in H-1B status.
hth!
Hmm... I agree with : "Once you strart using EAD your H1 will be terminated."
what I dont agree with is : "If you want to switch to H1 again your need to apply for fresh H1 in the new quota."
You can reapply for H1-B but you are NOT subject to H1-B cap / quota.
It should not be subject to the annual cap unless you have been out of the U.S. for at least one year since you were last in H-1B status.
hth!
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rock945
02-21 12:21 PM
that is for last month updated jan 17,2007 not for feb?
Now it is updated for Feb.
Now it is updated for Feb.
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mhathi
02-25 02:51 PM
The processing date listed is the received date of the oldest case that they have not adjudicated or pre-adjudicated yet (maybe due to some problem). It does not mean that cases filed after April 2007 are or will not be adjudicated.
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ski_dude12
10-15 02:17 PM
It is possible that since you are on H1 they might have assumed that your employer filed for your GC.
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go_guy123
04-19 12:08 AM
Hi Folks,
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
in 2007 fellow indian international students in Canada used to get loan from
https://www.isloan.org/faqs.htm
but in 2008 that was closed. However you can call and find out from them.
With the credit crisis I am not sure if they give anymore. ask if u cosign then can they give or not
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
in 2007 fellow indian international students in Canada used to get loan from
https://www.isloan.org/faqs.htm
but in 2008 that was closed. However you can call and find out from them.
With the credit crisis I am not sure if they give anymore. ask if u cosign then can they give or not
immidude
07-13 10:34 AM
I suggest to wear suits (black,grey,brown ,..yaa dark) this way it looks organized and looks diffrent to draw attention.
{ and in this way bayarea guys can utilize their old suits :) }
{ and in this way bayarea guys can utilize their old suits :) }
lonedesi
06-26 03:30 PM
Does IV have a summarized copy of the new proposed bill and the amendments?If you do, can you please post it for our understanding of the pros/cons of this bill
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YesGC_NoGC
06-20 09:42 AM
Thanks man,
What was your experience when you invoked AC21 both the times? Did you or your employer notified USCIS? was there any difference in title and or responsibilities? Did you try make sure the job title match with teh SOC codes that is on your labor?
hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..
What was your experience when you invoked AC21 both the times? Did you or your employer notified USCIS? was there any difference in title and or responsibilities? Did you try make sure the job title match with teh SOC codes that is on your labor?
hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..
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maine_gc
04-20 02:00 PM
I-94 also does not have the date written
americandesi
06-18 01:10 PM
All EB priority dates for July 2007 is current. Hence everyone can go for concurrent filing right away.
The scenario I have given explains how to maintain the status after getting permanent residency from both countries, so that you are eligible to apply for citizenship in both countries.
But here is the catch. Some Canadian immigration officers might not consider the commuting days towards the day count for citizenship. It solely depends on the discretion of the officer during Canadian citizenship interview.
The scenario I have given explains how to maintain the status after getting permanent residency from both countries, so that you are eligible to apply for citizenship in both countries.
But here is the catch. Some Canadian immigration officers might not consider the commuting days towards the day count for citizenship. It solely depends on the discretion of the officer during Canadian citizenship interview.
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smuggymba
10-07 09:59 PM
Always keep a soft copy of the approval notices with you. I have paystubs on ADP so I can pull it online any time. At my previous comp, all my payslips where on the intranet.
USCIS's plan is to harrass, ours is to defend. We chose this by coming here. Chill out, don't worry too much.
USCIS's plan is to harrass, ours is to defend. We chose this by coming here. Chill out, don't worry too much.
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myeb2gc
02-24 02:38 PM
Hi , My 140 is cleared. But my consulting company is smaller. I am in search of job, some marketing companys were asking me to change employer..... confused whether to stick with my employer OR change to a new employer.
rajeevkaza
10-31 01:12 PM
where did you see these 30/45 days numbers? you can apply an H1 extension upto 180 days in advance of the expiry of your current H1 (basically 180 days before the new start-date)
Let me clarify you guys, 180 days advance to expiry is good, I am referring to applying in the last minute, ideally it should be atleast 30 days ahead of expiry date in order to avoid the complications.
Secondly I am referring to applying for H1B Extension AFTER Expiry date which is good for 45 days. Hope you got it now.
Let me clarify you guys, 180 days advance to expiry is good, I am referring to applying in the last minute, ideally it should be atleast 30 days ahead of expiry date in order to avoid the complications.
Secondly I am referring to applying for H1B Extension AFTER Expiry date which is good for 45 days. Hope you got it now.
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ssreenu
04-13 01:15 PM
I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
The answer to a simple question of whether you can work in a different country when you hold H1B is "YES".
Tax laws hold good for expats(people working outside USA) meaning the same rules would apply if you are living in one sate and working in another state (within the USA). Even in USA, LCA should be filed in every state that you are going to work(no exception), most of the H1 extensions get rejected because of LCA not filed at the client location. I am sure one will have check the tax laws even when you are working out of state(forget about out of country) and if you don't follow the tax laws you will be in a soup when IRS finds it out. Remember to take "Tax Breaks" when you claim expenses. You have to take a 21 business days break within the first year and 6 months break before the 2 years end and the cycle will be reset for Tax breaks. You have to be legally present in the USA to get your H1B extended. Attorneys are the best people to advise on the legal implications.
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
The answer to a simple question of whether you can work in a different country when you hold H1B is "YES".
Tax laws hold good for expats(people working outside USA) meaning the same rules would apply if you are living in one sate and working in another state (within the USA). Even in USA, LCA should be filed in every state that you are going to work(no exception), most of the H1 extensions get rejected because of LCA not filed at the client location. I am sure one will have check the tax laws even when you are working out of state(forget about out of country) and if you don't follow the tax laws you will be in a soup when IRS finds it out. Remember to take "Tax Breaks" when you claim expenses. You have to take a 21 business days break within the first year and 6 months break before the 2 years end and the cycle will be reset for Tax breaks. You have to be legally present in the USA to get your H1B extended. Attorneys are the best people to advise on the legal implications.
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ebizash
07-23 12:16 PM
Don't mean to hijack this thread but since my question is related to AP renewal I thought I would. OP if you have problem with this question, let me know and I will delete this post.
I will be applying for AP renewal online for myself and my wife. This will be our 3rd AP (2nd renewal). The only problem is we never received the I-485 physical receipt (we know the LIN no. as well as A#) for her. So far my attorney had been filing the renewals but this time I want to save money and do it myself. I think its kind of stupid to pay 600-800 to attorney for such a simple task.
Has anyone been in this situation? Can anyone suggest, what other document we could use such as copy of prior APs, EADs, FP notices etc?
I will be applying for AP renewal online for myself and my wife. This will be our 3rd AP (2nd renewal). The only problem is we never received the I-485 physical receipt (we know the LIN no. as well as A#) for her. So far my attorney had been filing the renewals but this time I want to save money and do it myself. I think its kind of stupid to pay 600-800 to attorney for such a simple task.
Has anyone been in this situation? Can anyone suggest, what other document we could use such as copy of prior APs, EADs, FP notices etc?
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petepatel
08-21 09:49 AM
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yabadaba
06-21 09:50 AM
we can only guess
i would assume cases that are not substitute labor, porting priotity date, cross chargeability, clear birth certificates, clear employer verification letter, no namecheck issues, no fingerprinting issues, etc
i would assume cases that are not substitute labor, porting priotity date, cross chargeability, clear birth certificates, clear employer verification letter, no namecheck issues, no fingerprinting issues, etc
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talash
07-19 05:03 PM
Positive PPD just means u are exposed to TB is the past ans CXR confirms that u dont have active disease .Treatment in this case is only optional and patient has to decide if he or she wants to be treated for that .Only people with HIV of other immune def dieases must be treated for pos PPD.
they should not ask any further qquestions if CXR ws negative .
they should not ask any further qquestions if CXR ws negative .
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abcdefgh
01-16 03:24 PM
Whats a good score for Immigration purposes on the IELTS. Looks like the scale is 1 to 9.
for each section.
7-9 gives 4 points
5-6.9 gives 2 points
I (MS from US university and 6 yrs of experience, still they asked me) appeared for IELTS this saturday without any preparation, it is not that bad. Only thing you need to prepare is concentrate while listening and time management for reading and writing section. For speaking try to prepare about your home country and popular game in your home country.
It is very easy.
Just try to appear for this, as you all of us have already invested $ 1000.00 for canada filing. Another $ 140.00 would not hurt.
for each section.
7-9 gives 4 points
5-6.9 gives 2 points
I (MS from US university and 6 yrs of experience, still they asked me) appeared for IELTS this saturday without any preparation, it is not that bad. Only thing you need to prepare is concentrate while listening and time management for reading and writing section. For speaking try to prepare about your home country and popular game in your home country.
It is very easy.
Just try to appear for this, as you all of us have already invested $ 1000.00 for canada filing. Another $ 140.00 would not hurt.
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seahawks
09-08 11:40 AM
My wife and me have joined the yahoogroups for WA chapter, We are going for the rally, how can we encourage more friends in WA state to go? I know there are people willing to sponsor, provide part of funds, help with accommodation and so on and if anyone in WA has any of these limitations, people are willing to coordinate. How do we get the point across to all Washingtonian GC sufferers or people who just filed for 485 and don't see the bleak tomorrow. How do we wake them up all up? We have so many employers here, is there something we can do to wake them up from the slumber and mirage of filing 485? I must admit, I was sleeping too until yesterday when we booked our tickets.
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kminkeller
03-09 03:54 PM
Thanks Radhagd:
Is it necessary to do consular processing. PD for EB2 for my country is current. Also, can we premium process my LABOR and I140 now a days?
Thanks.
Is it necessary to do consular processing. PD for EB2 for my country is current. Also, can we premium process my LABOR and I140 now a days?
Thanks.
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IndiaNJ
08-26 01:32 PM
My wife recieved an RFE on her 485, as one of the questions on Page 3 of the 485 was not answered and Page 4 was missing.
I am not sure how the Page 4 got lost..:confused:
I am not sure how the Page 4 got lost..:confused:
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suryamanikanth
04-17 01:22 PM
hello frnds,
could anyone please let me know what are the documents to be submitted for the CIC Once after i get the provisional nomination from AINP.Please help me out.Should i get the PCC from India or Federal background check is enough here in U.S.Please let me know.
sunny
could anyone please let me know what are the documents to be submitted for the CIC Once after i get the provisional nomination from AINP.Please help me out.Should i get the PCC from India or Federal background check is enough here in U.S.Please let me know.
sunny
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virens
12-12 02:35 PM
I entered the US at LAX from my vacations using AP. It was very smooth. I was asked to go to a different line and the whole process took like 2 minutes.
The officer stamped one of the 3 copies of my AP and returned it back to me. So I still have all 3 copies of my AP.
The officer stamped one of the 3 copies of my AP and returned it back to me. So I still have all 3 copies of my AP.
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zoooom
03-17 01:40 PM
As far as I know there is no limitation on the size of the company. As long as they are a stable and sound company you are good to go.
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H1B2GC
10-01 10:39 AM
Here are my thoughts, I-485 application is accepted by USCIS based on priority date set by DOS in order to distribute available visa per country violating the basics "All men should be treated equally".
Remember, the rules are made by the system not for itself.
Remember, the rules are made by the system not for itself.
shivaz90
07-16 10:40 PM
It's pretty strange..I really don't understand...why the entire credit is either being given to IV...or for that matter to AILA/AILF....Everyone has contributed....
People about to file I-485 have spread the word to everyone abt the injustice done to them...whereas each organization has done its own thing...
I won't blame or taunt AILA/AILF....because the idea of class lawsuit itself would have scared a lot of people in USCIS.....that also coming from legal organization...And filing a lawsuit takes time...there r lot of things to be considered..
Well .. lets think for a second before trumpeting our victory here. And Victory, I mean is not achieved by one group over the other. Various groups and parties have put in thier efforts to find a resolution and to cast blame on one another is playing some childish games.
Lets leave out our passion for a second and think "logically" for a second - which one of this scares the s*** out of the USCIS people here - flower campaign or a Class action lawsuit by bunch of immigration lawyers? I am not doubting anyone's efforts here - but to say that we have achieved victory here is too early, too short sighted and blaming other groups for not doing much is silly. As much as the flower campaign help spread the word among the media of the plight of legal immigrants - the proposed lawsuit has made USCIS tremble in thier pants.
Sheikh - couldn't agree more here with you.
People about to file I-485 have spread the word to everyone abt the injustice done to them...whereas each organization has done its own thing...
I won't blame or taunt AILA/AILF....because the idea of class lawsuit itself would have scared a lot of people in USCIS.....that also coming from legal organization...And filing a lawsuit takes time...there r lot of things to be considered..
Well .. lets think for a second before trumpeting our victory here. And Victory, I mean is not achieved by one group over the other. Various groups and parties have put in thier efforts to find a resolution and to cast blame on one another is playing some childish games.
Lets leave out our passion for a second and think "logically" for a second - which one of this scares the s*** out of the USCIS people here - flower campaign or a Class action lawsuit by bunch of immigration lawyers? I am not doubting anyone's efforts here - but to say that we have achieved victory here is too early, too short sighted and blaming other groups for not doing much is silly. As much as the flower campaign help spread the word among the media of the plight of legal immigrants - the proposed lawsuit has made USCIS tremble in thier pants.
Sheikh - couldn't agree more here with you.
Rockey
06-22 10:17 AM
Sent the request for correction with my supporting documents.
******************
Request advice...
I know that I will have to stop working on August 11 2010 and I can't earn for as long as I don't have a valid EAD in my hand. I also know that it does not affect my Green Card I-485 app as long as I don't work without and EAD.
So what should I do from here on? Should I wait...I still have 50 days to hope to get my renewed EAD in. Should I call USCIS and request expedited processing of my case...but I haven't even received my receipt notices yet. Should I book and INFOPASS appt...but INFOPASS appointments for I-765 are only issued if it has been more than 90 days since the application was filed?
I will really appreciate any comments/suggestion regarding my case.
***********************
What should one do if he don't receive the nenewal EAD before the current EAD expires, can he continue working ? will the employer come to know ? having the receipt notice is enough ? what is the impact ? Please any one clarify. Thanks.
******************
Request advice...
I know that I will have to stop working on August 11 2010 and I can't earn for as long as I don't have a valid EAD in my hand. I also know that it does not affect my Green Card I-485 app as long as I don't work without and EAD.
So what should I do from here on? Should I wait...I still have 50 days to hope to get my renewed EAD in. Should I call USCIS and request expedited processing of my case...but I haven't even received my receipt notices yet. Should I book and INFOPASS appt...but INFOPASS appointments for I-765 are only issued if it has been more than 90 days since the application was filed?
I will really appreciate any comments/suggestion regarding my case.
***********************
What should one do if he don't receive the nenewal EAD before the current EAD expires, can he continue working ? will the employer come to know ? having the receipt notice is enough ? what is the impact ? Please any one clarify. Thanks.
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