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pointlesswait
01-09 02:13 PM
it will be a status quo! i will be surprised if it moves!!!
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pappu
03-05 09:01 PM
check the news of the testimony posted by me last month. As per DHS this money was to be also used for enforcement.
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go_gc_way
01-14 04:31 PM
It is just frustrating to visit these forums and see nothing is happening. We need more members and more money. But if that happens in 10 years, what is the use. Not much anyone can do. Might as well as start packing.
Hello Members,
rajuram brings up a good point ..
It may be only 5% of the members who have taken up all action items seriously and did any thing .. You need strengthen the efforts by more actively participating.
Time and again it is reminded by IV core team of Action items to members. If you have not taken up any of the action items and if you wish something happen and support IV.. PLEASE ACT NOW ON ACTION ITEMS .. I think THIS IS THE TIME with several bills being discussed in media.
WITH OUT YOUR HELP AND PARTICIPATION, YOU HAVE NO IV.
Hello Members,
rajuram brings up a good point ..
It may be only 5% of the members who have taken up all action items seriously and did any thing .. You need strengthen the efforts by more actively participating.
Time and again it is reminded by IV core team of Action items to members. If you have not taken up any of the action items and if you wish something happen and support IV.. PLEASE ACT NOW ON ACTION ITEMS .. I think THIS IS THE TIME with several bills being discussed in media.
WITH OUT YOUR HELP AND PARTICIPATION, YOU HAVE NO IV.
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skd
07-08 11:06 PM
IV core , can we also post our such questions like July 2nd "fiasco".
And rather as family question (like this video) we can do as IV organisation question ?
What do you say ?
And rather as family question (like this video) we can do as IV organisation question ?
What do you say ?
more...
nozerd
09-07 10:09 AM
For LI you need to have worked with foreign company for at least 1 yr. I have worked for ABC USA for 7 yrs but not ABC Canada yet. I think for L1 I should work for ABC Canada for more than 1 yr.
Also when is the next lawyers call ? The last one it says was scheduled for 9/1 and its transcript is not posted. I would like to put this question to the lawyer.
Also when is the next lawyers call ? The last one it says was scheduled for 9/1 and its transcript is not posted. I would like to put this question to the lawyer.
gc2
02-19 11:22 AM
you may find this helpful. it provides info on I-130 and I-485 and the documents you need to file. if he is clean (no criminal background, issues with legal status etc) then you should not have any problems. Good luck and congrats on your marriage.
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nousername
03-30 08:08 PM
Congratulations.. Enjoy your freedom.
Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
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jonty_11
08-15 01:16 PM
see my post - 4th above...and you will know why u got a red..!!!!!!!!!!!
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pa_arora
03-26 04:38 PM
This sustain act is total BS. They want to increase H1-B numbers without reforming the EB system. They do not want to increase EB numbers. They do not want to do away with country quotas. They don't have country quotas in H1-B. This just creates more and more backlogs for everyone. I HOPE THIS BILL DOESN'T PASS. The companies and lawmakers just want cheap labor without "paying" for it. Just a bunch of self-serving bigots !
I disagree with u, i think this bill should pass which lets the EB pipeline inflates so much that it explodes.
I disagree with u, i think this bill should pass which lets the EB pipeline inflates so much that it explodes.
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gcseeker28
08-12 02:27 PM
So, after consulting with a good lawyer, we are filing motion to re-open for H-1B denial that I received couple of weeks ago.
Basically, it was about the client location and the iterinary at the location which was not provided efficiently for the RFE response.
I asked few questions to the new lawyer:
Am I in status now: She said that I am in legal status subject to we file a RFE within 33 days. It will take 3 to 4 months for a response.
Can I change my employer: The response was "No, I cannot change my employer as I do not have a valid H-1B status (H-1B pending is not a valid status to change employer)
Can I work: She responded that "Yes, I can work as long as the case is pending and approved".
What happens if it gets rejected again: We can appeal the case as all the documents are submitted now.
Gurus,
Did anybody face the similar issues as I am facing. If so, please throw light on it.
For the first RFE, we have not submitted any contarct with the client, ID, time cards etc.
This time I am submitting all the proof.
Did anybody get the approval after filing for MTR.
Thanks!
Basically, it was about the client location and the iterinary at the location which was not provided efficiently for the RFE response.
I asked few questions to the new lawyer:
Am I in status now: She said that I am in legal status subject to we file a RFE within 33 days. It will take 3 to 4 months for a response.
Can I change my employer: The response was "No, I cannot change my employer as I do not have a valid H-1B status (H-1B pending is not a valid status to change employer)
Can I work: She responded that "Yes, I can work as long as the case is pending and approved".
What happens if it gets rejected again: We can appeal the case as all the documents are submitted now.
Gurus,
Did anybody face the similar issues as I am facing. If so, please throw light on it.
For the first RFE, we have not submitted any contarct with the client, ID, time cards etc.
This time I am submitting all the proof.
Did anybody get the approval after filing for MTR.
Thanks!
more...
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Ann Ruben
06-22 12:10 PM
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
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ski_dude12
09-26 08:58 PM
You can go for infopass though I am not sure how helpful it will be. In my case I was able to get the same information by talking to level 2 support at USCIS. My 3 infopass appointments were no good really in terms of getting any update.
Thanks for the advice. I appreciate your insight.
I amm zn. ! going all in now.
1. I will call the Customer Service Line tomorrow.
2. I already got the InfoPass for 10/6
3. The letter for my senator is drafted. It will be sent tomorrow.
4. Finally, an email to the Ombudsman has been sent.
Hopefully, there is be some movement.
Thanks for the advice. I appreciate your insight.
I amm zn. ! going all in now.
1. I will call the Customer Service Line tomorrow.
2. I already got the InfoPass for 10/6
3. The letter for my senator is drafted. It will be sent tomorrow.
4. Finally, an email to the Ombudsman has been sent.
Hopefully, there is be some movement.
more...
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amitjoey
08-15 12:58 PM
I filed in last week of June but have still not issued receipts. There are many like me. At the same time, some July 2 filers have receipts.
The explantion for this is that USCIS does not stricly follow first in, first out. They continue to process applications and issue receipt notices haphazardly, that is why some early filers have not recieved RNs while some later filers have. This has created a lot of confusion and anxiety.
The only thing that can help us is a legislative fix. Please help IV help ourselves!
Absolutely right, how otherwise do you explain that they issued card production for people with PD's in 2004, (Dates not current in June) on July 2nd and in an hour and then said the visas are unavailable.
NO FIFO whatsoever.
They just saved themselves by retracting the VB of JULY, or else they would have faced lawsuits, and investigation which would have shown all irregularities and fraud.
The explantion for this is that USCIS does not stricly follow first in, first out. They continue to process applications and issue receipt notices haphazardly, that is why some early filers have not recieved RNs while some later filers have. This has created a lot of confusion and anxiety.
The only thing that can help us is a legislative fix. Please help IV help ourselves!
Absolutely right, how otherwise do you explain that they issued card production for people with PD's in 2004, (Dates not current in June) on July 2nd and in an hour and then said the visas are unavailable.
NO FIFO whatsoever.
They just saved themselves by retracting the VB of JULY, or else they would have faced lawsuits, and investigation which would have shown all irregularities and fraud.
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thirumalkn
07-24 02:24 PM
^^^^ :)
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Asian
12-07 01:15 PM
When does the H-1 B fiscal year start? Is it April? So for example, people apply in April 2007 for the 2007 fiscal year and start working from April 2007?
In this case of transfer from non profit to for profit, is the priority date portable after I-140 approval?
This is a different question. Is the government job also regarded as cap exempt non profit?
Thank you very much for your help! Our immigration gods bless you!
Best,
Sure enough. You need to have h1b visa #s available to transfer from non-profit to profit org. I am in the same boat and you will have to wait till next year's quota. As said, you may transfer between non-profit orgs as many times you like in 6 years. Sorry.
In this case of transfer from non profit to for profit, is the priority date portable after I-140 approval?
This is a different question. Is the government job also regarded as cap exempt non profit?
Thank you very much for your help! Our immigration gods bless you!
Best,
Sure enough. You need to have h1b visa #s available to transfer from non-profit to profit org. I am in the same boat and you will have to wait till next year's quota. As said, you may transfer between non-profit orgs as many times you like in 6 years. Sorry.
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zephyrr
03-20 11:56 PM
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien’s I-485 has been pending 180
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
that was submitted after an I-485 has been pending for 180 days.
I pulled this from the Aytes memo:http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Unless I'm not construing the above correctly, a withdrawl after 180 days has no impact. The only thing that would be a 'death-knell' is if an RFE is issued which the employer does not respond to.
withdrawl in that case would be death-knell to your AOS case..
there is theoretical opening for "approvable" 140 cases in yates memo, but it's more theory than practice, in the world wher USCIS is revoking approved 140s , one can't depend on such a slim glimmer of hope..
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien’s I-485 has been pending 180
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
that was submitted after an I-485 has been pending for 180 days.
I pulled this from the Aytes memo:http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Unless I'm not construing the above correctly, a withdrawl after 180 days has no impact. The only thing that would be a 'death-knell' is if an RFE is issued which the employer does not respond to.
withdrawl in that case would be death-knell to your AOS case..
there is theoretical opening for "approvable" 140 cases in yates memo, but it's more theory than practice, in the world wher USCIS is revoking approved 140s , one can't depend on such a slim glimmer of hope..
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pointlesswait
04-07 09:33 AM
i think ur employer/lawyer was retarded to send a check dated 2005..as far as i know.. check have a validity of 90 days..(atleast most of them do)
anyway..tough luck brother !
anyway..tough luck brother !
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gc2005
11-17 01:35 PM
SKIL is the best bet for us. Hopefully we will see it being discussed soon in Senate.
I agree, SKIL is the best bet for us. There are chances of something happenning before Oct 2007 because of no H1B visa numbers being available unitl then. I don't think it has been that bad situation with H1B until now.
I agree, SKIL is the best bet for us. There are chances of something happenning before Oct 2007 because of no H1B visa numbers being available unitl then. I don't think it has been that bad situation with H1B until now.
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eb3_nepa
07-09 02:05 PM
Try complaining to the local Bar association. Thats the advice someone gave me. Also try the Better Business Bureau.
kumar1
03-03 12:19 PM
Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.
Main line is this -
In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
Translation -
If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.
An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
__________________
Not a legal advice.
Main line is this -
In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
Translation -
If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.
An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
__________________
Not a legal advice.
immi2006
08-21 05:49 PM
1. To be fair to all, Ask all h1b's to gain 2 - 3 years of US experience, before filing for GC. (2 years of Paystub at the minumum and or tax returns).
If there are pending apps already, at LC or 140 stage, push it on a 2 or 3 year stack and then get the h1b who has applied the GC a preference to start the process. This will ensure the oldest apps gets its merit of preference. Do it across all categories (Eb1, Eb2 , Eb3 )
This is not too much to ask, also senators and companies - business cannot feel bitter.
This will make the system slow down on the new applications, it will not jam the existing Que.
(2) Second Possibility, ask all the new h1 B's who have contributed by way of taxes to US system of an amount of 80,000 USD or higher to be eligible, that way only the cream of strata is not eliminated. For instance if someone earns 125000 then he can submit his app after a year. This will demonstrate the guy is smart and needed here, since companies will not pay 125K for a guy who is not worth.
(3) H1Bs should apply for GC from their home country and processing is to be based in their home country for the first 2 stages. (This will reduce DOL to focus on the 485 strictly, so it will reduce work load)
Edit/Delete Message
If there are pending apps already, at LC or 140 stage, push it on a 2 or 3 year stack and then get the h1b who has applied the GC a preference to start the process. This will ensure the oldest apps gets its merit of preference. Do it across all categories (Eb1, Eb2 , Eb3 )
This is not too much to ask, also senators and companies - business cannot feel bitter.
This will make the system slow down on the new applications, it will not jam the existing Que.
(2) Second Possibility, ask all the new h1 B's who have contributed by way of taxes to US system of an amount of 80,000 USD or higher to be eligible, that way only the cream of strata is not eliminated. For instance if someone earns 125000 then he can submit his app after a year. This will demonstrate the guy is smart and needed here, since companies will not pay 125K for a guy who is not worth.
(3) H1Bs should apply for GC from their home country and processing is to be based in their home country for the first 2 stages. (This will reduce DOL to focus on the 485 strictly, so it will reduce work load)
Edit/Delete Message
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