redgreen
11-12 11:09 AM
This is simply called pure selfishness.
The problem he is talking about is not a widespread one and never heard of, other than may be for one or two people in this forum (one may be nk2006; sorry that it happened to you).
Even if it had happened to one or two exceptional cases, it can be rectified as it is a simple error from the part of USCIS. This is not a major thing to waste IV resources. This is not a serious immigration issue.
The way nk2006 misused IV resources for such a simple personal issue is unpardonable .
Knowing that there are such people among 'highly educated' is disheartening.
The problem he is talking about is not a widespread one and never heard of, other than may be for one or two people in this forum (one may be nk2006; sorry that it happened to you).
Even if it had happened to one or two exceptional cases, it can be rectified as it is a simple error from the part of USCIS. This is not a major thing to waste IV resources. This is not a serious immigration issue.
The way nk2006 misused IV resources for such a simple personal issue is unpardonable .
Knowing that there are such people among 'highly educated' is disheartening.
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rocky17105
07-29 11:19 AM
of course used the sub labor to get 2005 EB2 priority date and moved to this employer. We filed the 140 on july 1st but some document was missing so it came back and then lawyer filed it again which reached uscis timely by 16th July 2007. I am still with the same employer since 2007 and yes unfortunately the employer is found in h1b fraud later but still havent proven guilty so not sure if company is blacklisted or not.
I understand why you are asking all these questions but my question is just can we reopen 485 based on wrong denial from USCIS side.
I understand why you are asking all these questions but my question is just can we reopen 485 based on wrong denial from USCIS side.
chandupatla
02-25 10:13 AM
Hi..I already searched in the google..But i didn't get the information..Please let me know if u have any details regarding license.
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indyanguy
06-29 03:08 PM
I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
3. Can I file for a new PERM at that time and get an extension based on that?
4. Do I need to refile I-485?
Please help!
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
3. Can I file for a new PERM at that time and get an extension based on that?
4. Do I need to refile I-485?
Please help!
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reno_john
06-07 04:00 PM
With all this amendments going on with the Immigration bill and election round the corner I wish the immigration bill does not pass through since I don't wanna see a compromise kinda of bill, which may or may not screw us.
I don't see anything wrong with the current immigration scenario except delay, if you wanna immigrate then be patience else go back from where we came from, India is not bad.
Just to remind you all who read this message I am pro immigration but will not deal with a compromised bill..................... and I am with my I140 stage.
I don't see anything wrong with the current immigration scenario except delay, if you wanna immigrate then be patience else go back from where we came from, India is not bad.
Just to remind you all who read this message I am pro immigration but will not deal with a compromised bill..................... and I am with my I140 stage.
gcpool
10-13 07:02 AM
Use the reply from Ombudsman's office and do an inquiry via your local senators office. Also call up central customer service and open a service request. (Get the number and info of the call like the timings and officers name). Finally if you date is current and is not getting picked up for adjudication. File a WOM.
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Raj Iyer
09-13 12:02 PM
Filing I-140 petition on your behalf signifies immigrant intent. So if you travel outside, you could potentially be denied entry.
The safer option would be wait till your I-140 gets approved, if your PD becomes current, filed I-485. If the PD is not current, seek 3yr H-1B COS under the AC 21 provisions.
The safer option would be wait till your I-140 gets approved, if your PD becomes current, filed I-485. If the PD is not current, seek 3yr H-1B COS under the AC 21 provisions.
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krishmunn
11-30 02:32 PM
i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.
From the data, it seems you are right. But it is pretty confusing. If your logic is correct then once the July 2007 backlog is cleared, will they say 0 demand and then make all dates current again ??
The "demand" ideally should mean people whose 140 has been cleared and waiting to file 485 + those whose 485 has been filed and not yet processed.
From the data, it seems you are right. But it is pretty confusing. If your logic is correct then once the July 2007 backlog is cleared, will they say 0 demand and then make all dates current again ??
The "demand" ideally should mean people whose 140 has been cleared and waiting to file 485 + those whose 485 has been filed and not yet processed.
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Steve Mitchell
November 21st, 2005, 06:09 PM
The shots can be sharpened much better which would make all of them even more appealing.
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mmanurker
05-22 03:00 PM
Thanks for your Reply.
My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
pls keep all your timesheets signed by your client manager in safe place...just in case if he lays you off, then he needs to give you either notice and pay for that period or severence package if he terminates your employement immediately and also all the back wages for the period he did not pay you till today.
Even though if you do not have timesheets from your client manager, he is still required to pay you but to be on safer side I'd recommend you to keep timesheets signed by the client manager and if required notify the Client and the Vendor(if there is one) about your employer, this way he will loose the business of the client/vendor plus if required you can always fax your timesheets to DOL as well to prove that you have been working at the client side and your employer is getting paid by the client for your services.
can you pls reveal the name of your employer?
My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
pls keep all your timesheets signed by your client manager in safe place...just in case if he lays you off, then he needs to give you either notice and pay for that period or severence package if he terminates your employement immediately and also all the back wages for the period he did not pay you till today.
Even though if you do not have timesheets from your client manager, he is still required to pay you but to be on safer side I'd recommend you to keep timesheets signed by the client manager and if required notify the Client and the Vendor(if there is one) about your employer, this way he will loose the business of the client/vendor plus if required you can always fax your timesheets to DOL as well to prove that you have been working at the client side and your employer is getting paid by the client for your services.
can you pls reveal the name of your employer?
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bekugc
03-31 11:33 AM
previously when entering on AP, they used to ask for receipt of 485.
so main proof they look for is a valid 'inprogress' 485 appln.
i dont think theyll ask ur wife to show her EAD card at the port of entry.
to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.
having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.
this shud be an easy qn for ur attorney.
so main proof they look for is a valid 'inprogress' 485 appln.
i dont think theyll ask ur wife to show her EAD card at the port of entry.
to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.
having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.
this shud be an easy qn for ur attorney.
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supender
09-21 01:33 PM
My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
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yabadaba
05-25 08:21 AM
SA 4114. Mr. GREGG (for himself, Ms. CANTWELL, Mr. ALEXANDER, and Mr. BOND) submitted an amendment intended to be proposed by him to the bill S. 2611, to provide comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
On page 345, between lines 5 and 6, insert the following:
(e) Worldwide Level of Immigrants With Advanced Degrees.--Section 201 (8 U.S.C. 1151) is amended--
(1) in subsection (a)(3), by inserting ``and immigrants with advanced degrees'' after ``diversity immigrants''; and
(2) by amending subsection (e) to read as follows:
``(e) Worldwide Level of Diversity Immigrants and Immigrants With Advanced Degrees.--
``(1) DIVERSITY IMMIGRANTS.--The worldwide level of diversity immigrants described in section 203(c)(1) is equal to 18,333 for each fiscal year.
``(2) IMMIGRANTS WITH ADVANCED DEGREES.--The worldwide level of immigrants with advanced degrees described in section 203(c)(2) is equal to 36,667 for each fiscal year.''.
(f) Immigrants With Advanced Degrees.--Section 203 (8 U.S.C. 1153(c)) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``paragraph (2), aliens subject to the worldwide level specified in section 201(e)'' and inserting ``paragraphs (2) and (3), aliens subject to the worldwide level specified in section 201(e)(1)'';
(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) ALIENS WHO HOLD AN ADVANCED DEGREE IN SCIENCE, MATHEMATICS, TECHNOLOGY, OR ENGINEERING.--
``(A) IN GENERAL.--Qualified immigrants who hold a master's or doctorate degree in the life sciences, the physical sciences, mathematics, technology, or engineering from an accredited university in the United States, or an equivalent foreign degree, shall be allotted visas each fiscal year in a number not to exceed the worldwide level specified in section 201(e)(2).
``(B) ECONOMIC CONSIDERATIONS.--Beginning on the date which is 1 year after the date of the enactment of this paragraph, the Secretary of State, in consultation with the Secretary of Commerce and the Secretary of Labor, and after notice and public hearing, shall determine which of the degrees described in subparagraph (A) will provide immigrants with the knowledge and skills that are most needed to meet anticipated workforce needs and protect the economic security of the United States.'';
(D) in paragraph (3), as redesignated, by striking ``this subsection'' each place it appears and inserting ``paragraph (1)''; and
(E) by amending paragraph (4), as redesignated, to read as follows:
``(4) MAINTENANCE OF INFORMATION.--
``(A) DIVERSITY IMMIGRANTS.--The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under paragraph (1).
``(B) IMMIGRANTS WITH ADVANCED DEGREES.--The Secretary of State shall maintain information on the age, degree (including field of study), occupation, work experience, and other relevant characteristics of immigrants issued visas under paragraph (2).''; and
(2) in subsection (e)--
(A) in paragraph (2), by striking ``(c)'' and inserting ``(c)(1)'';
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
``(3) Immigrant visas made available under subsection (c)(2) shall be issued as follows:
``(A) If the Secretary of State has not made a determination under subsection (c)(2)(B), immigrant visas shall be issued in a strictly random order established by the Secretary for the fiscal year involved.
``(B) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have a degree selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is greater than the worldwide level specified in section 201(e)(2), the Secretary shall issue immigrant visas only to such immigrants and in a strictly random order established by the Secretary for the fiscal year involved.
``(C) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have degrees selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is not greater than the worldwide level specified in section 201(e)(2), the Secretary shall--
``(i) issue immigrant visas to eligible qualified immigrants with degrees selected in subsection (c)(2)(B); and
``(ii) issue any immigrant visas remaining thereafter to other eligible qualified immigrants with degrees described in subsection
[Page: S4975](c)(2)(A) in a strictly random order established by the Secretary for the fiscal year involved.''.
(g) Effective Date.--The amendments made by subsections (e) and (f) shall take effect on October 1, 2006.
On page 345, between lines 5 and 6, insert the following:
(e) Worldwide Level of Immigrants With Advanced Degrees.--Section 201 (8 U.S.C. 1151) is amended--
(1) in subsection (a)(3), by inserting ``and immigrants with advanced degrees'' after ``diversity immigrants''; and
(2) by amending subsection (e) to read as follows:
``(e) Worldwide Level of Diversity Immigrants and Immigrants With Advanced Degrees.--
``(1) DIVERSITY IMMIGRANTS.--The worldwide level of diversity immigrants described in section 203(c)(1) is equal to 18,333 for each fiscal year.
``(2) IMMIGRANTS WITH ADVANCED DEGREES.--The worldwide level of immigrants with advanced degrees described in section 203(c)(2) is equal to 36,667 for each fiscal year.''.
(f) Immigrants With Advanced Degrees.--Section 203 (8 U.S.C. 1153(c)) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``paragraph (2), aliens subject to the worldwide level specified in section 201(e)'' and inserting ``paragraphs (2) and (3), aliens subject to the worldwide level specified in section 201(e)(1)'';
(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
``(2) ALIENS WHO HOLD AN ADVANCED DEGREE IN SCIENCE, MATHEMATICS, TECHNOLOGY, OR ENGINEERING.--
``(A) IN GENERAL.--Qualified immigrants who hold a master's or doctorate degree in the life sciences, the physical sciences, mathematics, technology, or engineering from an accredited university in the United States, or an equivalent foreign degree, shall be allotted visas each fiscal year in a number not to exceed the worldwide level specified in section 201(e)(2).
``(B) ECONOMIC CONSIDERATIONS.--Beginning on the date which is 1 year after the date of the enactment of this paragraph, the Secretary of State, in consultation with the Secretary of Commerce and the Secretary of Labor, and after notice and public hearing, shall determine which of the degrees described in subparagraph (A) will provide immigrants with the knowledge and skills that are most needed to meet anticipated workforce needs and protect the economic security of the United States.'';
(D) in paragraph (3), as redesignated, by striking ``this subsection'' each place it appears and inserting ``paragraph (1)''; and
(E) by amending paragraph (4), as redesignated, to read as follows:
``(4) MAINTENANCE OF INFORMATION.--
``(A) DIVERSITY IMMIGRANTS.--The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under paragraph (1).
``(B) IMMIGRANTS WITH ADVANCED DEGREES.--The Secretary of State shall maintain information on the age, degree (including field of study), occupation, work experience, and other relevant characteristics of immigrants issued visas under paragraph (2).''; and
(2) in subsection (e)--
(A) in paragraph (2), by striking ``(c)'' and inserting ``(c)(1)'';
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
``(3) Immigrant visas made available under subsection (c)(2) shall be issued as follows:
``(A) If the Secretary of State has not made a determination under subsection (c)(2)(B), immigrant visas shall be issued in a strictly random order established by the Secretary for the fiscal year involved.
``(B) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have a degree selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is greater than the worldwide level specified in section 201(e)(2), the Secretary shall issue immigrant visas only to such immigrants and in a strictly random order established by the Secretary for the fiscal year involved.
``(C) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have degrees selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is not greater than the worldwide level specified in section 201(e)(2), the Secretary shall--
``(i) issue immigrant visas to eligible qualified immigrants with degrees selected in subsection (c)(2)(B); and
``(ii) issue any immigrant visas remaining thereafter to other eligible qualified immigrants with degrees described in subsection
[Page: S4975](c)(2)(A) in a strictly random order established by the Secretary for the fiscal year involved.''.
(g) Effective Date.--The amendments made by subsections (e) and (f) shall take effect on October 1, 2006.
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chanduv23
10-24 01:56 PM
Ramba,
Thanks for responding. What happens when we get a RFE or NOID. Could we respond by ourself then? My case is not complicated at all. As straight forward as it could get.
I am going to search in this forum for sample covering letter. But if anybody has the info handy please let me know.
Thanks guys!
-samcam
RFE and NOID come with a color sheet of paper with your details and some USCIS internal codes for your case. You can respond by yourself and put the sheet on top - this is for the mailroom to handle your case
Thanks for responding. What happens when we get a RFE or NOID. Could we respond by ourself then? My case is not complicated at all. As straight forward as it could get.
I am going to search in this forum for sample covering letter. But if anybody has the info handy please let me know.
Thanks guys!
-samcam
RFE and NOID come with a color sheet of paper with your details and some USCIS internal codes for your case. You can respond by yourself and put the sheet on top - this is for the mailroom to handle your case
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Flash-Matic
10-28 11:07 PM
TheAnimePanda = AIM
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salaryVictim
06-09 05:34 PM
Dear Viewers
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
more...
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morchu
05-06 11:51 AM
You are NOT eligible for AC21 benefits (for the part of continuing the GC even after jobchange) on your I140 yet . So technically if the job is different you need another LC and I140. But thinking from a broader view, LC states, job title, description, wage and employer. So from an LC point of view, as long as the stated conditions there remain the same, the job is the same. As long as the job is SAME no issues.
Absolutely no issues, as long as you have a letter from same employer does not matter.
Absolutely no issues, as long as you have a letter from same employer does not matter.
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blacktongue
01-17 10:03 AM
Indian farmer suicides rise to 17,000 a year - Yahoo! News (http://news.yahoo.com/s/afp/20110117/wl_sthasia_afp/indiafarmingsuicideroadaccident_20110117120832)
Sad shameful
Sad shameful
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raysaikat
04-10 12:34 AM
On Dec 14, 2007, I received an I-140 RFE for "ability to pay the offered wage".
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
Perhaps you can file I-140 again?
According to the attorney, the RFE was responded to with necessary evidence.
On Apr 07, 2007 I received a I-140 denial notice stating that the RFE reply wasn't received on time. As a result it caused an automatic I-485 denial as well.
Now, I am not sure what my options are. Is it possible to ask USCIS to reconsider the case. Can i appeal?
Please advise.
Thanks
Perhaps you can file I-140 again?
immiindi09
01-09 04:36 PM
Can some one tell me which documents do I need to send for EAD and AP renewal. Also my EAD and AP expired before 4 months. Till date I have not used EAD and AP but now planning to use. So need help on that.
pcs
07-17 03:52 PM
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