cjain
12-14 03:22 PM
bump
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ilwaiting
10-11 09:28 AM
One can file 485 when his/her dates becomes current using the 140 receipt notice.
Not sure why you are waiting to file 140?
Hello,
I am new to this site and had a question about the Nov. bulletin that maybe someone might be able to answer. I am EB3 ROW and I am still not able to submit my I-140 + I-485 concurrently by 5 days (my PD is July 5, 2002).
Do you expect the EB3 ROW dates to move forward at all in the Dec. bulletin?
I just need to know because my lawyer is pressuring me to submit my I-140 not concurrently, but I wondered if I just should wait for a month.
Thanks in advance for your help!
Not sure why you are waiting to file 140?
Hello,
I am new to this site and had a question about the Nov. bulletin that maybe someone might be able to answer. I am EB3 ROW and I am still not able to submit my I-140 + I-485 concurrently by 5 days (my PD is July 5, 2002).
Do you expect the EB3 ROW dates to move forward at all in the Dec. bulletin?
I just need to know because my lawyer is pressuring me to submit my I-140 not concurrently, but I wondered if I just should wait for a month.
Thanks in advance for your help!
aadimanav
08-21 11:22 AM
Until the recapture bill passes, this action items will remain LIVE!!!
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BharatPremi
12-12 12:03 AM
Did you mean "strategic"?
Thanks for failing me in spell test. :) Yes, please.
Thanks for failing me in spell test. :) Yes, please.
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mbawa2574
11-17 08:36 PM
Hello Guys,
I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.
I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.
Thnx
Expose these filthy cockroaches @ ur desi bodyshop. They should all be packed and deported from this country. Not only they are blood suckers but give us all the bad name.
OR
If you On your H1 - What they made you do is illegal. Go ahead and switch the job. In case they come after you, threaten them that u r going to report them to USCIS. No dirt bag will come after you...guaranteed
Someone wrote in aonther thread about the "greatness" of a blood sucking bodyshops. Can you feel the greatness here................hmmmmm:mad::mad::mad::mad:.
I need your advice here. Six month ago i joined one of the many blood suckers -Desi cosulting company in new jersey. As you all know, they ask me to sign their contract in which its mention that if i leave their company before 1 year then i need to pay them 15k. Thy also charge me 3k for my H1-B which i am still paying everymonth from my paycheck and we have 70/30. In just six months i am so much fed up with them. These people are so rude...always show their arrogance over phone. I have no libarity to find job by myself. They always looking for higher pay rate sp that their big money tummy get filled up.and i also feel that they didnt told me the right pay rate for the project i am working on right now.
I really want to leave them, Even before 12 months. Is there any importance of that contract letter i signed with them?. Can they Sue me? What are my options? Please suggest me.....i am in stress.
Thnx
Expose these filthy cockroaches @ ur desi bodyshop. They should all be packed and deported from this country. Not only they are blood suckers but give us all the bad name.
OR
If you On your H1 - What they made you do is illegal. Go ahead and switch the job. In case they come after you, threaten them that u r going to report them to USCIS. No dirt bag will come after you...guaranteed
Someone wrote in aonther thread about the "greatness" of a blood sucking bodyshops. Can you feel the greatness here................hmmmmm:mad::mad::mad::mad:.
Gravitation
08-11 08:23 AM
Can't believe you still bother to check. What losers!! LoL!
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poorslumdog
03-17 10:43 PM
I am glad that some EB2 guys can empathise with us....EB3(I) is completely hopeless....but I doubt if IV will take this up...even a small admin fix like applying the spillover to EB3 this year...that will take away some stress on the EB3(I) pipeline....
No matter whether you are in EB2 or EB3, if you lose job then you are going back to stone age. So we are all in the same boat. The only hope is to fix the leak.
No matter whether you are in EB2 or EB3, if you lose job then you are going back to stone age. So we are all in the same boat. The only hope is to fix the leak.
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Mr. Brown
09-13 09:10 PM
I own a house and haven't even applied for I-485. My PD is Sep 07. It's been almost 2 yrs since my purchase and I couldn't be happier.
I am thinking of buying a home without waiting for GC approval. I am EB3 I with PD 2006. No hopes of GC in near future. Just want to see the trend....
Please vote yes if your GC is pending and you own a house.
Please vote no if your GC is pending and you are renting.
I am thinking of buying a home without waiting for GC approval. I am EB3 I with PD 2006. No hopes of GC in near future. Just want to see the trend....
Please vote yes if your GC is pending and you own a house.
Please vote no if your GC is pending and you are renting.
more...
chanduv23
09-22 02:37 PM
My I485 is still pending (> 180 days filed on July27th '07). I have my renewed EAD valid for the next 2 years. I have been out of project for 4 months and my employer , who filed my GC, terminated my health coverage too. Iam using my COBRA option.
Recently, i have applied for a perm position using EAD . I explained to the client about by current status of GC. They wanted to know what they are supposed to do for it. I told them i need to 'invoke' a law called AC21.(pardon my ignorance if iam wrong) inorder to transfer my pending application.
Now the big question is, how do i initiate this whole process?
I really apreaciate all your suggestions.
Invoking AC21 is easy, but you need to know what you can expect and how to resolve it
(1) If you decided to change to new employer using EAD - there is nothing you need to do. Just join and work.
(2) As employer is asking what they need to do - tell them they need to provide an AC21 letter of support - you can find various formats on the web.
(3) Your new job must be in same or similar category.
(4) Call customer service to verify your address on file - also hire a personal attorney and make sure they file g 28 and have them on file too for USCIS communication
(5) Your AC21 letter may/may not reach your file depending on the service center, officer and a lot of other factors.
(6) Usually most AC21 cases go through just fine unless your ex employer requests a revoke on i 140 - in such a situation you may get an RFE, NOID or a straight denial on 485 - nothing to worry about - you can resolve all these and you will find yourself back on track.
Hope this helps
Recently, i have applied for a perm position using EAD . I explained to the client about by current status of GC. They wanted to know what they are supposed to do for it. I told them i need to 'invoke' a law called AC21.(pardon my ignorance if iam wrong) inorder to transfer my pending application.
Now the big question is, how do i initiate this whole process?
I really apreaciate all your suggestions.
Invoking AC21 is easy, but you need to know what you can expect and how to resolve it
(1) If you decided to change to new employer using EAD - there is nothing you need to do. Just join and work.
(2) As employer is asking what they need to do - tell them they need to provide an AC21 letter of support - you can find various formats on the web.
(3) Your new job must be in same or similar category.
(4) Call customer service to verify your address on file - also hire a personal attorney and make sure they file g 28 and have them on file too for USCIS communication
(5) Your AC21 letter may/may not reach your file depending on the service center, officer and a lot of other factors.
(6) Usually most AC21 cases go through just fine unless your ex employer requests a revoke on i 140 - in such a situation you may get an RFE, NOID or a straight denial on 485 - nothing to worry about - you can resolve all these and you will find yourself back on track.
Hope this helps
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gg_ny
03-19 08:27 AM
people can be so dumb...
it is better to wait for PD to become current than to convince some people (who seem to own houses-and hence are bent on opposing--wake up guys ..real estate is dead )
At last.. you got this self-realization. I have been trying to tell this in a more polished way ever since this thread was started
it is better to wait for PD to become current than to convince some people (who seem to own houses-and hence are bent on opposing--wake up guys ..real estate is dead )
At last.. you got this self-realization. I have been trying to tell this in a more polished way ever since this thread was started
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unitednations
03-16 02:22 AM
Welcome back UN. One question. Does the USCIS have ability to check credit histroy.
There is nothing in the law; where USCIS can deny a person's 485 due to bad credit. Therefore, they wouldnt' have any interest in checking this.
They are on record that they will check publicly available information in help adjudicating cases. They usually; do this on h-1b petitions. They'll check the company web-site; company registration; whether office is in a house, virtual office, web-site of company giving purchase order, etc. They frequently quote whatever they find in denying cases.
I actually came across a case where a company had 14- denied for ability to pay.
There was a merger between companies and the new company filed the 140 using old companies labor.
In denial; USCIS said they didn't believe the merger because a search of the california business portal showed that the old company renewed their business registratoin (evidence that it wsas still in business);
since, president of the company had same name last name as person being sponsored; USCIS actually retrieved the president of the companies greencard applicatoin from 10 years earlier and quoted that the candidate and president were brothers because according to their g-325a's they had the same parents. They denied the ccase and invalidated the labor due to this.
I remember back in 1994; IRS said that they were going to check peoples credit applications and comparing to peoples tax returns; they were going to try to compare the income people listed on their tax returns to what they were putting on their credit applications.
If USCIS was going to try to get credit files; it would be in order to compare work/address history with what a person has put in their applications. However, they have a lot of other ways to verify this that they wouldn't need to go to a persons credit file. I know with the economy the way it is; people seem to be worried that declaring bankruptcy or having negative credit history affects their 485. However, not paying debts isn't considered criminal that it would impact a persons applications.
There is nothing in the law; where USCIS can deny a person's 485 due to bad credit. Therefore, they wouldnt' have any interest in checking this.
They are on record that they will check publicly available information in help adjudicating cases. They usually; do this on h-1b petitions. They'll check the company web-site; company registration; whether office is in a house, virtual office, web-site of company giving purchase order, etc. They frequently quote whatever they find in denying cases.
I actually came across a case where a company had 14- denied for ability to pay.
There was a merger between companies and the new company filed the 140 using old companies labor.
In denial; USCIS said they didn't believe the merger because a search of the california business portal showed that the old company renewed their business registratoin (evidence that it wsas still in business);
since, president of the company had same name last name as person being sponsored; USCIS actually retrieved the president of the companies greencard applicatoin from 10 years earlier and quoted that the candidate and president were brothers because according to their g-325a's they had the same parents. They denied the ccase and invalidated the labor due to this.
I remember back in 1994; IRS said that they were going to check peoples credit applications and comparing to peoples tax returns; they were going to try to compare the income people listed on their tax returns to what they were putting on their credit applications.
If USCIS was going to try to get credit files; it would be in order to compare work/address history with what a person has put in their applications. However, they have a lot of other ways to verify this that they wouldn't need to go to a persons credit file. I know with the economy the way it is; people seem to be worried that declaring bankruptcy or having negative credit history affects their 485. However, not paying debts isn't considered criminal that it would impact a persons applications.
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mbawa2574
09-06 12:02 PM
It's just bad luck to get that kind of CBP officer. It's upto you to ignore this or escalate it. In my opinion behaviour of CBP officer was wrong.
If you want, You can write letter to Commisioner of CBP about the incidence, following is the address :
http://www.cbp.gov/xp/cgov/toolbox/contacts/headquarters.xml
That IO must be a knucklehead who just hates "Specific type of people" or someone who does know the f** he is doing. I have entered using AP at Boston. San fran, Seattle and never had problems. Only once they asked me for EAD/a valid H1 petition and that was just a question.
If you want, You can write letter to Commisioner of CBP about the incidence, following is the address :
http://www.cbp.gov/xp/cgov/toolbox/contacts/headquarters.xml
That IO must be a knucklehead who just hates "Specific type of people" or someone who does know the f** he is doing. I have entered using AP at Boston. San fran, Seattle and never had problems. Only once they asked me for EAD/a valid H1 petition and that was just a question.
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DSLStart
09-06 10:49 AM
This happened in DC's large Dulles Intl airport.
I have noticed that most "overzealous" CBP officials are found in smaller airports. Large airports like JFK, DC, Miami, SFO etc have efficient and effective CBP officials - they are really busy doing their jobs and don't have time to overdo their job.
A majority of CBP officers in airports are polite and thorough.
I have noticed that most "overzealous" CBP officials are found in smaller airports. Large airports like JFK, DC, Miami, SFO etc have efficient and effective CBP officials - they are really busy doing their jobs and don't have time to overdo their job.
A majority of CBP officers in airports are polite and thorough.
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theMan
06-13 08:26 PM
Folks,
I don't remember many a choice at the stage of I140. I guess the lawyer made it for me. I did not bother to even find out more details, given the hopeless situation so far for EB3, India.
My I140 says " The above petition has been approved. We have sent it to the Department of State National Visa Center(NVC). The NVC processes all immigrant visa petitions that need consular processing. It also determines which consular post is the appropriate consulate to complete visa processing. The NVC will then forward the approved petition to the consulate"
From the above statement, it appears that this is Consular processing. Could someone confirm if this is indeed CP.
Any idea , what needs to be done to change it to AOS. Is this a good idea?
I don't remember many a choice at the stage of I140. I guess the lawyer made it for me. I did not bother to even find out more details, given the hopeless situation so far for EB3, India.
My I140 says " The above petition has been approved. We have sent it to the Department of State National Visa Center(NVC). The NVC processes all immigrant visa petitions that need consular processing. It also determines which consular post is the appropriate consulate to complete visa processing. The NVC will then forward the approved petition to the consulate"
From the above statement, it appears that this is Consular processing. Could someone confirm if this is indeed CP.
Any idea , what needs to be done to change it to AOS. Is this a good idea?
more...
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crazydesi
01-13 03:15 PM
Once EB2 India reaches Apr 2005, it is going to stuck for long time (thats when PERM process started).
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Macaca
06-17 10:30 AM
As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year.
While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year – over a 44 percent increase in the number of cases pending more than 33 months. (page 37)
The backlog appears likely to get worse, because a USCIS fee increase -- slated to take effect in July -- has prompted a 50 percent rise in new naturalization applications so far this year. If a new immigration bill is enacted, millions of undocumented immigrants would also apply for legalization. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
Currently, USCIS has limited capability to produce reports detailing the status of long-pending FBI name check cases. In addition, USCIS systems do not automatically indicate when a delayed name check is complete and the case can be adjudicated. Often, this leads to a situation where the validity of other checks expire before USCIS reviews the case. Those other checks then need to be reinitiated, adding financial and time costs for applicants and USCIS. The Ombudsman fully supports the expeditious rollout of the BCS system. (page 43)
the bureau since 2001 has intensified the scrutiny of immigrants with high-technology backgrounds. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year – over a 44 percent increase in the number of cases pending more than 33 months. (page 37)
The backlog appears likely to get worse, because a USCIS fee increase -- slated to take effect in July -- has prompted a 50 percent rise in new naturalization applications so far this year. If a new immigration bill is enacted, millions of undocumented immigrants would also apply for legalization. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
Currently, USCIS has limited capability to produce reports detailing the status of long-pending FBI name check cases. In addition, USCIS systems do not automatically indicate when a delayed name check is complete and the case can be adjudicated. Often, this leads to a situation where the validity of other checks expire before USCIS reviews the case. Those other checks then need to be reinitiated, adding financial and time costs for applicants and USCIS. The Ombudsman fully supports the expeditious rollout of the BCS system. (page 43)
the bureau since 2001 has intensified the scrutiny of immigrants with high-technology backgrounds. (Washington Post (http://immigrationvoice.org/forum/showpost.php?p=85213&postcount=365))
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Almond
01-01 08:50 PM
He called it garbage can out of bitterness and perhaps a little sarcasm. Obviously this is very important to him, otherwise he wouldn't have vented to perfect strangers on the internet. Have you never really wanted something and lashed out at it out of frustration?
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ski_dude12
06-03 12:36 PM
On a lighter note- "motorize"... at the DMV?
Guys,
One quick question. Appreciate your response!
If I submit my application in person, do we need to motorize the copies?
For address proof, submitting DL copy.
Please let me know.
Guys,
One quick question. Appreciate your response!
If I submit my application in person, do we need to motorize the copies?
For address proof, submitting DL copy.
Please let me know.
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miguy
06-18 03:37 PM
thanks for your replies desi3933........is there any way one one can apply for H4 extension/stamping at the consulate based on the receipt of the H1b extension filing ?
chanduv23
02-11 12:06 PM
OK. I received the Denial letter today and below is the extract from it.
What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .
This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
Or is this is the way they normally denay the 485 ?
I am in big trouble . ???
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
A certified labor is needed to approve your 140. So your 140 was approved without labor?
What does not make sense to me is that it said I140 revoked but in the next line it said I 140 revoked because it you did not meet minimum requirments for labor cert .
This I140 was approve ( it was file for me ) and if they did have this question at that time , how come they revoke it now.
Or is this is the way they normally denay the 485 ?
I am in big trouble . ???
**********************
You are applying on the basis of an immigrant petition for alien worker, for I140 filed on your behalf. However the same petition has been revoked.
Since the approval of the visa petition files on your behalf is no longer considered valued, your application is here by denied.
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
The regulation do not provide for an appeal from this decision.
*********************************
A certified labor is needed to approve your 140. So your 140 was approved without labor?
jazzy2
05-18 12:35 PM
hi sanju and others
is this true?
Because if the dates go back before the CP process is over, you will be stuck without work authorization card and I-131
the reason i'm asking is this: when i applied my PD is current. how can 485/ead/ap not be processed, when i know that the date i applied it was current, though it retrogressed after i applied?
Whatever you do, please do not go for CP. Because if the dates go back before the CP process is over, you will be stuck without work authorization card and I-131. Keep in mind that you will not be able to change job even after applying for CP. This is what I think. I am sure others on the forum will share with you more about the difference between CP and AOS.
is this true?
Because if the dates go back before the CP process is over, you will be stuck without work authorization card and I-131
the reason i'm asking is this: when i applied my PD is current. how can 485/ead/ap not be processed, when i know that the date i applied it was current, though it retrogressed after i applied?
Whatever you do, please do not go for CP. Because if the dates go back before the CP process is over, you will be stuck without work authorization card and I-131. Keep in mind that you will not be able to change job even after applying for CP. This is what I think. I am sure others on the forum will share with you more about the difference between CP and AOS.
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