jumanji4u
04-08 09:36 AM
Hmmm....strange good words does seems like working....its all started with good news, then it went to universities ...now to a communities...sometimes the old words seems very very true..how ever you try to make the dog's tail straight ..it doesn't work..
Great people....you knowledge and education has come to great use..hats off..
Great people....you knowledge and education has come to great use..hats off..
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rajarao
07-30 01:10 PM
Congratulations on your approval. Yor are really lucky and we envy you.
I know the systems is so much screwed up. There are so many frustrated people with their priority dates EB2 before August 2004 and could not file I-485 until this July. Its a wonder USCIS approved a case with priorioty date of August 2005. :mad: :confused: the system is so disgusting.
I know the systems is so much screwed up. There are so many frustrated people with their priority dates EB2 before August 2004 and could not file I-485 until this July. Its a wonder USCIS approved a case with priorioty date of August 2005. :mad: :confused: the system is so disgusting.
inskrish
05-02 12:23 AM
thanks snathan. I do plan to carry i-797. When you say "you will be given till aug 2009", what are you referring to?
It's I-94
It's I-94
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vallabhu
07-03 03:35 PM
First question
Is your existing H1 still valid and how many days you you have on that.
You have two scenarios here
1) H1 approved while u r in Mexico
2) H1 approved after comming back to US
1)
if your h1 is approved when you are in Mexico, you will have new I94 when returning to the country with the validity date of existing H1 and you have to go out country again and get it stamped or get that document over to you get your passport stammped and then come back
Second is safest bet for you.
Is your existing H1 still valid and how many days you you have on that.
You have two scenarios here
1) H1 approved while u r in Mexico
2) H1 approved after comming back to US
1)
if your h1 is approved when you are in Mexico, you will have new I94 when returning to the country with the validity date of existing H1 and you have to go out country again and get it stamped or get that document over to you get your passport stammped and then come back
Second is safest bet for you.
more...
howzatt
08-15 10:45 AM
Any idea how do they transfer application from VSC to NSC? Process or guidelines around it would be helpful.
My para-legal told me that since my I-140 has a EAC number, my I-485 was also sent to Vermont.
Please advise.
The answer to the FAQ clearly states that you should be fine and expect some processing delays. I am not sure what else you would like to know.
My para-legal told me that since my I-140 has a EAC number, my I-485 was also sent to Vermont.
Please advise.
The answer to the FAQ clearly states that you should be fine and expect some processing delays. I am not sure what else you would like to know.
acsouza
03-18 05:08 PM
Hi Euclid,
I am in the exact same situation you were.
It seems to me that Ann is correct.
Did it work out for you?
Thank you,
Allan
I am in the exact same situation you were.
It seems to me that Ann is correct.
Did it work out for you?
Thank you,
Allan
more...
pappu
07-01 08:21 PM
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
We do see such threads on the forum occasionally. There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
We do see such threads on the forum occasionally. There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.
I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.
IV can help only if people are willing to be helped and ready to take action.
If this system needs to be cleansed, then why aren't we doing it?
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miguy
06-16 01:52 PM
anyone?
more...
cableching
07-18 06:14 PM
USCIS Looks at I-94 you entered on the I-485 application.
You must enter the latest I-94 number on the I-485, which is the one you get when you enter US on Aug 15th.
That's the basis for them to track your status in US.
You must enter the latest I-94 number on the I-485, which is the one you get when you enter US on Aug 15th.
That's the basis for them to track your status in US.
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hanu0913
10-08 02:05 PM
If the GC is approved prior to your marriage and if your spouse is here, you are golden. You simply apply for I-485 (family based). If your spouse is not in USand you have GC, you will need to file for follow to join visa and it will take some time (I dunno how many years).
i think you didn't get me,here is my question , if a person got married after applying i-485 and not able include his wife due to PD current date issue before his GC got approved, is there any way to get out from this situation , please let me know you one
i think you didn't get me,here is my question , if a person got married after applying i-485 and not able include his wife due to PD current date issue before his GC got approved, is there any way to get out from this situation , please let me know you one
more...
aps
01-07 12:13 AM
is it possible to get answer to this question by infopass?
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needhelp!
05-15 06:10 PM
Please make those calls NOW and take the poll on this thread:
http://immigrationvoice.org/forum/showthread.php?t=19113
Folks,
Please call the below selected members from CHC. There are reasons why we should NOT be calling every one in the CHC. The members we have to target from CHC and their corresponding numbers are listed below.
Tell them that you would like to talk to some one who handles immigration/legal matters, If forwarded to voice mail, leave a VM. If the VM is full, you can get back to the main line by pressing 0 and then leave a message with them.
The message you have to deliver when calling these offices is
I would like Representative "Representative Name" to co sponsor bills HR 5882, HR 5921 and HR 6039, sponsored by Zoe Lofgren. Both of these bills have wide bipartisan support in the house and will help reduce the back logs associated with USCIS. These bills are a great first step towards immigration reform.
DO NOT GET INTO THE LEGAL/ILLEGAL DISCUSSION WITH STAFF MEMBERS
Only if the staff member bring up the issue of CIR, in that case say that -
In the past we have been supporting Comprehensive approach and still continue to support comprehensive approach and we look for our our main issues to be addressed whenever comprehensive bill is passed. However, this is is just an interim fix to begin or start the immigration reform process.
.
Ruben Hinojosa
phone: 202-225-2531
Hilda Solis
202 225 5464
Ciro Rodriguez
202 225 4511
Lucille Roybal-Allard
202 225 1766
Raul grijalva
ph (202) 225-2435
Charles Gonzalez
Phone: (202)225-3236
Dennis Cardoza
(202) 225-6131
Jim Costa
(202)225-3341
Henry Cuellar
phone: 202-225-1640
Senator Robert Menendez
202 224 4744
http://immigrationvoice.org/forum/showthread.php?t=19113
Folks,
Please call the below selected members from CHC. There are reasons why we should NOT be calling every one in the CHC. The members we have to target from CHC and their corresponding numbers are listed below.
Tell them that you would like to talk to some one who handles immigration/legal matters, If forwarded to voice mail, leave a VM. If the VM is full, you can get back to the main line by pressing 0 and then leave a message with them.
The message you have to deliver when calling these offices is
I would like Representative "Representative Name" to co sponsor bills HR 5882, HR 5921 and HR 6039, sponsored by Zoe Lofgren. Both of these bills have wide bipartisan support in the house and will help reduce the back logs associated with USCIS. These bills are a great first step towards immigration reform.
DO NOT GET INTO THE LEGAL/ILLEGAL DISCUSSION WITH STAFF MEMBERS
Only if the staff member bring up the issue of CIR, in that case say that -
In the past we have been supporting Comprehensive approach and still continue to support comprehensive approach and we look for our our main issues to be addressed whenever comprehensive bill is passed. However, this is is just an interim fix to begin or start the immigration reform process.
.
Ruben Hinojosa
phone: 202-225-2531
Hilda Solis
202 225 5464
Ciro Rodriguez
202 225 4511
Lucille Roybal-Allard
202 225 1766
Raul grijalva
ph (202) 225-2435
Charles Gonzalez
Phone: (202)225-3236
Dennis Cardoza
(202) 225-6131
Jim Costa
(202)225-3341
Henry Cuellar
phone: 202-225-1640
Senator Robert Menendez
202 224 4744
more...
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ikass
06-01 08:32 PM
Can IV help with reaching out to Media or leading magazine to provide some light into the plight of legal immigration? We don`t see articles written or spoken about our plight. IV can direct some resources to this effort and I`m sure we can provide 100s of unique stories of aspiring legal immigrants waiting for some action. Especially, if it can help congress pass 1 or 2 small amendments with other bills this Summer. Fellow IV members who are in the same situation, please share your ideas for legislation.
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BharatPremi
10-10 12:10 PM
Q: �You are a citizen of India. You came in USA on H1B visa in year 2000.
Your employer filed your Green Card under EB3 � NON RIR category. Down
the road your company filed the Green Card for your Pakistani colleague
in year 2005 and in year 2006 November you came to know that your
Pakistani colleague became permanent resident as his GC application
approved. Upon hearing this news you get frustrated. What do you think
why your Green card is not yet approved? What could be the reasons
behind this long delay?
A: Sorry to hear that your ancestors did not migrate to Pakistan in 1947. :)
For that mistake what your ancestors did,USCIS is making you to pay the
price for that as now you have decided to become permanent resident of
USA.
O.K. Humor asides.
First reason:
It could be discriminatory country based limit - USCIS has implemented country based quota for India, Philippines, Mexico and China and each of this country has cap 7 % of total EB based applications
(Recommended top limit is 140000 visa applications worldwide).
Second reason:
In my opinion it could be as reported by various media that during first quarter of 2001 lot of unfair/ghost/bogus filing was done by many people under EB3and EB2 categories to take the advantage of AC21 law and so USCIS tightened the screws on processing method and make it a slow bleed strategy.
Third reason:
Somehow EB3 India category has to face heaviest retrogression historically from year 2001 to 2003 end and from start of 2005 with comparison to other EB categories for labor approval as well as for visa number allotment process.
Fourth reason:
USCIS's decision to convert existing labor process administration (which was of two fold: state level approval and region level approval) into centralized administration by creating backlog centers on the name of streamlining and faster conclusions. This decision could easily introduce at least average 6 to 7 months of delay and more sluggishness.
Fifth reason:
Pakistan being a part of "Rest of the world" your colleague did not have to face severe retrogressions as rest of the world category did not face the typical severe retrogressions like what EB3 China-India-Mexico had to face and as it is there are less applicants from rest of the world with comparison to China and India for EB categories, your colleague did not have to face lot of competetion and wait within his category.
Your employer filed your Green Card under EB3 � NON RIR category. Down
the road your company filed the Green Card for your Pakistani colleague
in year 2005 and in year 2006 November you came to know that your
Pakistani colleague became permanent resident as his GC application
approved. Upon hearing this news you get frustrated. What do you think
why your Green card is not yet approved? What could be the reasons
behind this long delay?
A: Sorry to hear that your ancestors did not migrate to Pakistan in 1947. :)
For that mistake what your ancestors did,USCIS is making you to pay the
price for that as now you have decided to become permanent resident of
USA.
O.K. Humor asides.
First reason:
It could be discriminatory country based limit - USCIS has implemented country based quota for India, Philippines, Mexico and China and each of this country has cap 7 % of total EB based applications
(Recommended top limit is 140000 visa applications worldwide).
Second reason:
In my opinion it could be as reported by various media that during first quarter of 2001 lot of unfair/ghost/bogus filing was done by many people under EB3and EB2 categories to take the advantage of AC21 law and so USCIS tightened the screws on processing method and make it a slow bleed strategy.
Third reason:
Somehow EB3 India category has to face heaviest retrogression historically from year 2001 to 2003 end and from start of 2005 with comparison to other EB categories for labor approval as well as for visa number allotment process.
Fourth reason:
USCIS's decision to convert existing labor process administration (which was of two fold: state level approval and region level approval) into centralized administration by creating backlog centers on the name of streamlining and faster conclusions. This decision could easily introduce at least average 6 to 7 months of delay and more sluggishness.
Fifth reason:
Pakistan being a part of "Rest of the world" your colleague did not have to face severe retrogressions as rest of the world category did not face the typical severe retrogressions like what EB3 China-India-Mexico had to face and as it is there are less applicants from rest of the world with comparison to China and India for EB categories, your colleague did not have to face lot of competetion and wait within his category.
more...
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Refugee_New
07-30 11:13 AM
I think it is time for quick action :):)
I agree with the above poster, that was my first impression as soon as i saw the title. Don't put "difficult" and "spouse" next to each other. There is only one universal meaning for that :)
At least you have a good problem , rather than rotting in various queues for a decade.
Don't put "difficult" and "spouse" next to each other. WHY? Its because two different words means the same????
I agree with the above poster, that was my first impression as soon as i saw the title. Don't put "difficult" and "spouse" next to each other. There is only one universal meaning for that :)
At least you have a good problem , rather than rotting in various queues for a decade.
Don't put "difficult" and "spouse" next to each other. WHY? Its because two different words means the same????
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nixstor
07-18 10:35 AM
Can someone who might have some information help me and Rajeev by answering Rajee's question..thanks.
Yes, You need to file it along with the receipt notice so that they can associate it with your 485.
Yes, You need to file it along with the receipt notice so that they can associate it with your 485.
more...
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senthil1
03-05 08:53 PM
We cannot justify the opposition to price increase as INS expects the fees to be paid by employer. So if needed employers can oppose not the employees. Only fees the candidates expect to pay is citizenship fees and all other immigration related fees should be paid by Employers as they are sponsoring gc
USCIS fees cover none of the activities you mentioned.
USCIS fees cover none of the activities you mentioned.
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ramnadhan
12-13 04:49 PM
January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2
India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.
I hope this info useful for our fellow members.
Thanks,
Ram
India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.
I hope this info useful for our fellow members.
Thanks,
Ram
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gcnotfiledyet
07-15 09:26 PM
I have my original I94 from when I entered on F-1. And now I have the I-94 attached to my H-1B. Which one do I hand in?
Both have same I-94 number with different visa class and expiry date. I think you have to hand the one that came with h1b. I think either way it will be in system since both I-94 have same number.
Both have same I-94 number with different visa class and expiry date. I think you have to hand the one that came with h1b. I think either way it will be in system since both I-94 have same number.
bondgoli007
07-14 04:39 PM
I was audited on 6/09 and Fragommenr responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;
1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?
I will send out a response when I hear from him.
Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?
Thanks.
1. Typically how long does DOL take to respond to an Audit?
2. What kind of response can I expect? Will it be an approval or a further Audit?
3. What % of cases get a further audit after a response is filed to an initial Audit?
I will send out a response when I hear from him.
Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?
Thanks.
sidbee
05-06 10:59 AM
http://www.usabal.com/seminars/#a2
Michael Aytes, is one of the speaker in this conference
Why would IV get invitation to this ?????
You pay and you attend, and its for employers, not employees..
Michael Aytes, is one of the speaker in this conference
Why would IV get invitation to this ?????
You pay and you attend, and its for employers, not employees..
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