ivar
07-17 10:21 PM
I am happy for everyone who can file I-485 but its okay if some one who cannot shows frustration. We as a community should understand each other instead of banning.
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GCard_Dream
03-20 06:35 PM
We are not talking about what's beneficial to the United States. What we are discussing is what the law says. It doesn't matter if it is beneficial to the United States or not, if it is the law of the land then everyone has to abide by it; even the government. I think everyone has a different opinion on what's beneficial for this country. If you talk to the people at numbersusa.com, they will say that H1B program and employment based immigration is the worst thing that happened to this country and should be stopped right at this moment yet we think that this is the best thing for this country. Go figure.
By the way, you seem to suggest that everyone in ROW is unskilled professional. Nothing can be further from the truth. I don't know where you get your facts from but it sounds like you certainly need some help on that front.
It does make sense that the overflow numbers are given to higher preference categories in single state oversubscribed countries. When you think about it, will that not be the most beneficial to United States? Who would you prefer .... and Unskilled professional from a ROW category or a skilled worker from an Oversubscribed country. I would gather it would make more sense to give the opportunity to the higher skilled since the benefit to US will be higher
By the way, you seem to suggest that everyone in ROW is unskilled professional. Nothing can be further from the truth. I don't know where you get your facts from but it sounds like you certainly need some help on that front.
It does make sense that the overflow numbers are given to higher preference categories in single state oversubscribed countries. When you think about it, will that not be the most beneficial to United States? Who would you prefer .... and Unskilled professional from a ROW category or a skilled worker from an Oversubscribed country. I would gather it would make more sense to give the opportunity to the higher skilled since the benefit to US will be higher
waitnwatch
06-09 01:30 AM
It is very easy to write but difficult to do. Except for IV folks there are hardly any fighters out there for our cause. We have all seen the result....CIR that favors ill-legals but decreases visa numbers for the EB cases.
To add insult to injury most members are not even willing to make a financial contribution!
To add insult to injury most members are not even willing to make a financial contribution!
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rayoflight
05-19 08:06 PM
BIG THANK YOU to
axp817, av2004, Abhinaym, ggmutd08, vadicherla, rajchadha, patchsk, newuser, homers, winner, kate123, gcandgc, newyorker123, prabcpa, abqguy, itisnotfunny, alok_msh, m306m, rp0lol, srinivas_0, nwise, ca_immigrant, jimytomy, kirankashi, sujijag, suniel2008, ajay, amsgc, cbpds, prasad_fl...
for YOUR SUPPORT
and LEADING THE WAY
axp817, av2004, Abhinaym, ggmutd08, vadicherla, rajchadha, patchsk, newuser, homers, winner, kate123, gcandgc, newyorker123, prabcpa, abqguy, itisnotfunny, alok_msh, m306m, rp0lol, srinivas_0, nwise, ca_immigrant, jimytomy, kirankashi, sujijag, suniel2008, ajay, amsgc, cbpds, prasad_fl...
for YOUR SUPPORT
and LEADING THE WAY
more...
sriramkalyan
07-23 04:24 PM
My PRIORITY DATE IS sep 2002 ..i am still stuck in PBEC ...
Sending Petition to USCIS and letter to DOL . should be first step ..
Sending Petition to USCIS and letter to DOL . should be first step ..
485Mbe4001
07-18 04:01 PM
There is another drawback of H1 that i have had for the past so many years, there is no change in the 'position' because it means that the job description will change, so all these years most people like me remain 'sr software engineers' no matter what we do, because lawyers say that you should not change the job description, as it will affect the process. its all a big scam i say... :confused:
more...
she81
07-18 02:48 PM
Can someone please close this thread. It is really ugly and some people have really gone overboard with their criticisms. Need to introduce some serious ettiquette in this forum.
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gapala
03-20 10:08 PM
Do not give misleading information. When you do the transfer the original visa is not cancelled. In fact you can have more than one H1B at the same time and work for them. For example two part time jobs for different employers. But the only catch you should always work only for the sponsoring company. If you decide not to join them at all, you can do so. But you have to maintain the status thru your current employement or another employer.
For more information on this check the murthy.com
Dude, I have to tell you the same, do not give misleading information. you need to have a full time position for H1B. there is a minimum number of hours per week that you specify on your Labor condition. 2 part time doesn't cut it. As I have mentioned before, you may have multiple sponsors but one of the sponsors should be primary and you work full time with him or the minimum number of hours per week as per LC. other one could be part time. But there needs to be 2 seperate independent I-129's filed by both employers for you to do this.
For more information on this check the murthy.com
Dude, I have to tell you the same, do not give misleading information. you need to have a full time position for H1B. there is a minimum number of hours per week that you specify on your Labor condition. 2 part time doesn't cut it. As I have mentioned before, you may have multiple sponsors but one of the sponsors should be primary and you work full time with him or the minimum number of hours per week as per LC. other one could be part time. But there needs to be 2 seperate independent I-129's filed by both employers for you to do this.
more...
webm
09-24 10:58 PM
Apart from Deniel notice I also got LUD on I 140.
Could it be related to old employer revoking I 140?
Since I have transfered after 180 and did Ac 21 - am I covered.
Prince - Did you get any LUD on 140 on the day you got this deniel e mail?
Thanks
Ram
Is your I-140 already approved before you invoked AC21?? Sorry to hear about your denial..keep hope and fight for the justice as much you can..Getting GC became mess now..
Could it be related to old employer revoking I 140?
Since I have transfered after 180 and did Ac 21 - am I covered.
Prince - Did you get any LUD on 140 on the day you got this deniel e mail?
Thanks
Ram
Is your I-140 already approved before you invoked AC21?? Sorry to hear about your denial..keep hope and fight for the justice as much you can..Getting GC became mess now..
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gclabor07
06-24 01:32 PM
Great going IV. I know we'll succeed this time. I can smell it. Just called and the lady took the message. Took less than a minute. I've also contacted my local rep.
more...
knowDOL
07-05 10:32 AM
h4hopeful, I am sorry to reply late. EAD lets you work. you can get EAD when your H4 spouse applies the I-485 (third stage of GC), he can also apply I-765 which will get you also an EAD along with your spouse. In order to apply for I-485 the visa numbers should be current for your spouse's priority date (Date on which your spouse's company initiated the GC process filing Labor Certification). Currently for India and CHina the dates are heavilyt backlogged. ImmigrationVoice is making our voices heard in the congress so we may get some relief. But we can only be hopeful about this, for an infinite period of time. We cannot help other than saying sorry to each other.
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gc_buddy
01-02 01:09 AM
As far as my knowledge goes, the I 140 substitutions are no more accepted by USCIS. I may be wrong. Other members can comment..
I have made similar post on another thread on IV--so this is a repeat:
The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
My situation:
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.
Mohican
I have made similar post on another thread on IV--so this is a repeat:
The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
My situation:
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.
Mohican
more...
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Lasantha
07-06 07:25 PM
Updates:
I got an email from my law firm, that my packet was refused to be accepted by USCIS.
I received the email from my law firm (Monday night - July 2) that:
Please note however your case was sent to Nebraska last night and did arrive - we tried!
Which means mine was sent or reached NSC sunday night or must have been hand delievered early Mon morning. Don't know exactly what happened. I just trust them!!!!
I didn't bother to ask my law firm further details. I will ping them first thing monday morning and try to give any update I get. I hope they have some proof of the refusal!!!!!!!............
OK, that sounds VERY FISHY to me. Now how on earth did they know that the packet contained an I-485 application in order to refuse accepting it. It could have been an I-140. The norm we have seen up to now is that USCIS did accept everything that was delivered on the 2nd. Wheather they will keep it or return it is another matter.
Now it seems to me that your attorney is playing with you. Quite possibly he didn't send it.
I got an email from my law firm, that my packet was refused to be accepted by USCIS.
I received the email from my law firm (Monday night - July 2) that:
Please note however your case was sent to Nebraska last night and did arrive - we tried!
Which means mine was sent or reached NSC sunday night or must have been hand delievered early Mon morning. Don't know exactly what happened. I just trust them!!!!
I didn't bother to ask my law firm further details. I will ping them first thing monday morning and try to give any update I get. I hope they have some proof of the refusal!!!!!!!............
OK, that sounds VERY FISHY to me. Now how on earth did they know that the packet contained an I-485 application in order to refuse accepting it. It could have been an I-140. The norm we have seen up to now is that USCIS did accept everything that was delivered on the 2nd. Wheather they will keep it or return it is another matter.
Now it seems to me that your attorney is playing with you. Quite possibly he didn't send it.
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santb1975
03-04 12:18 AM
The new deadline is March 10'th
Is the new deadline March 10th?
Can an administrator put it on the home page?
Thanks,
Is the new deadline March 10th?
Can an administrator put it on the home page?
Thanks,
more...
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vchenna
07-20 01:29 PM
Hi ,
I have a my my case in pending state for H1B transfer from company A to company B.
Pending status h1b with company B.
From Company A : I got the Labor and I140 Approved.
I m trying to file my 485 through comapany A- But my employer says that I need to have new H1B with him- Cos his company merged with another another company.
Can someone try to help me on it:(
I have a my my case in pending state for H1B transfer from company A to company B.
Pending status h1b with company B.
From Company A : I got the Labor and I140 Approved.
I m trying to file my 485 through comapany A- But my employer says that I need to have new H1B with him- Cos his company merged with another another company.
Can someone try to help me on it:(
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needhelp!
03-05 09:56 AM
vbkris,
We have asked for "sorting by priority date" (updated first post with original letter to USCIS), so we should get the breakdown if we can define "priority date" for them.
What we get
1. We get number of EB2,EB3 Primary and EB2,EB3 Dependent applications.
2. From the wordings, I won't be suprized if they give a summarized number from 2001.
But if someone else requested this info broken into PD buckets by month and Year, then I think we need to use that. The letter I sent had that wording, but I never received any response yet.
Here is what we don't get
1. Break up by country - Helps folks in EB3 as ROW is not current
2. Some might have not applied for AOS for various reason like their I140 is still pending, Some companies mandate that. - This could be a small percentage
3. Break-up by PD month& year
More insight is welcome.. Pre-adjudicated cases are not approved cases. So they can't eliminate them..
We have asked for "sorting by priority date" (updated first post with original letter to USCIS), so we should get the breakdown if we can define "priority date" for them.
What we get
1. We get number of EB2,EB3 Primary and EB2,EB3 Dependent applications.
2. From the wordings, I won't be suprized if they give a summarized number from 2001.
But if someone else requested this info broken into PD buckets by month and Year, then I think we need to use that. The letter I sent had that wording, but I never received any response yet.
Here is what we don't get
1. Break up by country - Helps folks in EB3 as ROW is not current
2. Some might have not applied for AOS for various reason like their I140 is still pending, Some companies mandate that. - This could be a small percentage
3. Break-up by PD month& year
More insight is welcome.. Pre-adjudicated cases are not approved cases. So they can't eliminate them..
more...
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I_need_GC
07-01 07:36 PM
I got a RFE on my 485 on 11th April and I have responded to it. By next week it would be 60 days by which USCIS has to take some decision. What would be the status update as my PD is Aug 2006.
Is it normal to get RFE while PD is not current?
Gopi544 I was in the same boat, I also got RFE when my PD wasn't current and then got approval I think yours is also on the way.:)
Is it normal to get RFE while PD is not current?
Gopi544 I was in the same boat, I also got RFE when my PD wasn't current and then got approval I think yours is also on the way.:)
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GCBy3000
07-18 11:58 AM
I was thinking about PMI, CISA and MBA right from the time I landed in US in 1999. Then I realized that I need to get an GC to make use of those. Then I started to look for a stable company where I can start my GC process. It took three years toll till then. I joined a good ameican company as a perm employee. They did not file my GC as they promised and I had to quit to join another company for the heck of my GC and for my (my wife with CPA / CA is on H4 for 5th year now) dream career. I had to go many step back in technology with the new company but I sucessfully managed to file my GC.
Then what? When I finished studying my PMI, all the retrogression story started. Then I had to ask questions my self.
1. With PMI certification in 2004, if I am doing a Sr. Software engineer, will it not raise questions down the line in my career interviews. May be yes or no, but I do not have answers.
2. With PMI Cert in 2004, if I can get my GC in 2005, I am pretty sure I could manage any questions throws at me, but not in 2008 or 2010. So I dropped the idea on PMI / CISA/ GMAT until I have 50% certanity of when I will be getting my GC in hand.
3. The worst will be starting an MBA with good univeristy and competing it in next two years with zero hope of getting GC then. What would you do if you are not even closer to file your 485 when you have MBA degree in hand. You will have career in your home country with this MBA for sure, but who will pay your debts here. It is like shooting yourself on your foot with golden gun. Atleast you will be satsifed it is golden gun, but the end result is hurting yourselves.
4. So what is the option? Never give up. There are always difficult times for everyone. What we are facing is nothing. There are people who are graduating at the age of 70 in US. I have seen a lady at the age of 70 graduating with MAB from Harvard. I thought she did it for fun, but in an interview she said she wants to pursue her career in marketing field. This is an eye opener for me. So prepare yourself with TOEFL and GMAT. These scores are valid for 5 years. Join from volunteer organizations and develop your leadership skills. Reco letters from these orgs will have great impact when you apply for MBA infuture. Most of all it is right way to live a peaceful life atleast if you do not go the MBA route, you will develop the skills needed for your life.
Then what? When I finished studying my PMI, all the retrogression story started. Then I had to ask questions my self.
1. With PMI certification in 2004, if I am doing a Sr. Software engineer, will it not raise questions down the line in my career interviews. May be yes or no, but I do not have answers.
2. With PMI Cert in 2004, if I can get my GC in 2005, I am pretty sure I could manage any questions throws at me, but not in 2008 or 2010. So I dropped the idea on PMI / CISA/ GMAT until I have 50% certanity of when I will be getting my GC in hand.
3. The worst will be starting an MBA with good univeristy and competing it in next two years with zero hope of getting GC then. What would you do if you are not even closer to file your 485 when you have MBA degree in hand. You will have career in your home country with this MBA for sure, but who will pay your debts here. It is like shooting yourself on your foot with golden gun. Atleast you will be satsifed it is golden gun, but the end result is hurting yourselves.
4. So what is the option? Never give up. There are always difficult times for everyone. What we are facing is nothing. There are people who are graduating at the age of 70 in US. I have seen a lady at the age of 70 graduating with MAB from Harvard. I thought she did it for fun, but in an interview she said she wants to pursue her career in marketing field. This is an eye opener for me. So prepare yourself with TOEFL and GMAT. These scores are valid for 5 years. Join from volunteer organizations and develop your leadership skills. Reco letters from these orgs will have great impact when you apply for MBA infuture. Most of all it is right way to live a peaceful life atleast if you do not go the MBA route, you will develop the skills needed for your life.
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08-21 09:45 PM
Rather liked this comment posted by someone on the article.
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unseenguy
06-01 09:31 PM
yes, i do understand that. I still donot understand why fly into a "thunderstorm"!
underestimation + overconfidence. We will get through these 10 mins kind of thing.
underestimation + overconfidence. We will get through these 10 mins kind of thing.
johny5278
06-06 04:13 PM
I guess there is very little follow-up on this issue.
Even I tried to get an SSN for my spouse (H4) and was turned down... I asked the lady on the counter to give me a denial letter and have it with me. Maybe it will be of some use later in this process.
Even I tried to get an SSN for my spouse (H4) and was turned down... I asked the lady on the counter to give me a denial letter and have it with me. Maybe it will be of some use later in this process.
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