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srinithati
05-30 12:08 AM
Done, Left comment too.
Admins..
Can we have action item to vote on this poll.
100000 Votes, will make every body at Washington sit and notice this bill.
go "100K Votes" Drive.
Admins..
Can we have action item to vote on this poll.
100000 Votes, will make every body at Washington sit and notice this bill.
go "100K Votes" Drive.
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desi3933
07-19 04:55 PM
Yes, don't worry guys. Once I-140 is approved, most of employment and job related stuff is over.
I-485 is mainly for status change stage to check criminal background (not job related :) ), FP and name check. They won't check much on job.
It is all straight forward and only a time consuming stage. Thats all. Enjoy the AOS pending stage.
Incorrect.
Consider this example. It is possible that I-140 is approved in Dec 2005 and I-485 is filed in July 2007. There can be big time lag between I-140 and I-485.
I-140 is mainly matching job requirement to employee' skill set and experience and ability to pay for the employer. It does NOT check for out of status issues. I hope you know that person may not be US for I-140 to be approved.
I-485 is, like it says, adjustment of status and it checks for status issue. Please refer to section 245 in detail. Section 245(k), for example, applies to I-485 (and not to I-140).
Please confirm with your lawyer and get your info right.
______________________
Not a legal advice.
I-485 is mainly for status change stage to check criminal background (not job related :) ), FP and name check. They won't check much on job.
It is all straight forward and only a time consuming stage. Thats all. Enjoy the AOS pending stage.
Incorrect.
Consider this example. It is possible that I-140 is approved in Dec 2005 and I-485 is filed in July 2007. There can be big time lag between I-140 and I-485.
I-140 is mainly matching job requirement to employee' skill set and experience and ability to pay for the employer. It does NOT check for out of status issues. I hope you know that person may not be US for I-140 to be approved.
I-485 is, like it says, adjustment of status and it checks for status issue. Please refer to section 245 in detail. Section 245(k), for example, applies to I-485 (and not to I-140).
Please confirm with your lawyer and get your info right.
______________________
Not a legal advice.
drirshad
02-20 05:02 PM
http://www.immigration-law.com/Canada.html
02/20/2008: USCIS Releases FBI Namecheck Policy Q&A Today
* The Q&A indicates that there are about 47,000 cases that fall under this changed policy and most of these cases are expected to be processed by mid-March 2008.
02/20/2008: USCIS Releases FBI Namecheck Policy Q&A Today
* The Q&A indicates that there are about 47,000 cases that fall under this changed policy and most of these cases are expected to be processed by mid-March 2008.
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eb3retro
10-19 02:52 PM
EAD or Advance Parole?
E-filed on July 17th (NSC)
Received Card mailed e-mail today (Oct 19th)
E-filed on July 17th (NSC)
Received Card mailed e-mail today (Oct 19th)
more...
aau
08-22 01:40 PM
NJIT
Ya, this one is famous on the east coast for its 'Masters' degrees. The on-campus recruitment fair has representatives from every desi consultant co. within 1000 miles.:p
Ya, this one is famous on the east coast for its 'Masters' degrees. The on-campus recruitment fair has representatives from every desi consultant co. within 1000 miles.:p
kaisersose
06-05 03:00 PM
if they did what u say they did.. they violated the law. thats what gotcher is talking about.
Where is the law that says they can release visa numbers only on a quarterly basis? If that is true, then
1. The Feb bulletin would not have said EB-2 India had used up its annual limit.
2. The June Bulletin would not have said EB-3 will retrogress or become unavailable starting July [which starts a new quarter].
Both make no sense. Or alternatively, there is no such law and DOS can release visa numbers without the "quarterly" constraint. It may have been a practise in the past, but clearly since 2007, they have become keen to see visa numbers not go waste and they appear to have changed the trend.
Only a tiny fraction of applications are on . It really is nowhere enough to draw a meaningful analysis of approval trends.
Where is the law that says they can release visa numbers only on a quarterly basis? If that is true, then
1. The Feb bulletin would not have said EB-2 India had used up its annual limit.
2. The June Bulletin would not have said EB-3 will retrogress or become unavailable starting July [which starts a new quarter].
Both make no sense. Or alternatively, there is no such law and DOS can release visa numbers without the "quarterly" constraint. It may have been a practise in the past, but clearly since 2007, they have become keen to see visa numbers not go waste and they appear to have changed the trend.
Only a tiny fraction of applications are on . It really is nowhere enough to draw a meaningful analysis of approval trends.
more...
swamy
10-27 12:15 AM
as per the info u provided u'r...... mail dt is 8/17/07 & receipt dt is 9/26/07...... did u'r application reach cis after july visa bulletin..... if yes, then it appears that with u'r april-06 dt. the priority dt was not current when they received u'r app .... is that a possibility.....
even if thats the case they cant go back after more than 2 years ...they simply cant decide after two years if something wasnt filed in time - even by uscis' horrible standards that'd be a new low
even if thats the case they cant go back after more than 2 years ...they simply cant decide after two years if something wasnt filed in time - even by uscis' horrible standards that'd be a new low
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obviously
05-13 09:11 PM
Divorce in India takes a minimum 1 year to adjudicate if you were married less than 1 year. Otherwise, it is up to the discretion of the judge. Courts in India require a 'cooling period', with 'counseling / mediation'. Latter is basically a a sham.
That said, as a trained mediator, and negotiator, I would say ... a win-win outcome is always better for all parties. What happens to be 'win-win' is of course subjective.
Good luck in whatever you do! Trust me, things always work out well in the end.
That said, as a trained mediator, and negotiator, I would say ... a win-win outcome is always better for all parties. What happens to be 'win-win' is of course subjective.
Good luck in whatever you do! Trust me, things always work out well in the end.
more...
nag2007
10-11 05:07 PM
---
Rest assured we are working to remove the root cause of visa retrogression.
On a separate note, how can you start a thread demanding something from "IV" when you and few other people on this thread, stuck in backlog after 17th August, say that they don't want to volunteer for IV. Please explain why do you expect us to do all the work for you? If you aren't serious then please stop lamenting about your plight.
Join your state chapter and get involved, your active participation is what will strengthen IV and enable us to fix this issue.
I have sent a mail to the moderator of my region group to include my name and will particpate actively.
Rest assured we are working to remove the root cause of visa retrogression.
On a separate note, how can you start a thread demanding something from "IV" when you and few other people on this thread, stuck in backlog after 17th August, say that they don't want to volunteer for IV. Please explain why do you expect us to do all the work for you? If you aren't serious then please stop lamenting about your plight.
Join your state chapter and get involved, your active participation is what will strengthen IV and enable us to fix this issue.
I have sent a mail to the moderator of my region group to include my name and will particpate actively.
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indio0617
12-20 01:41 PM
Hi everyone,
I read the memo in details as it directly applies to my wife's ability to work and my ability to extend H1. Here is the analysis (I have excluded L visa part). But before that, I would like to acknowledge the works of this "the" person. They dont know how much their post means to others. Thank you so much for digging this out.
1) Husband H1, wife H4 (or vice versa) in 7th year. Wife can now work on a new H1. Her H1 will be valid for a new six year period. She can start work on 1st October 2007 if this is her first H1 and is aproved.
2) If wife had old H1, and say she worked for 1 year and stopped after completing 6 years on H1+H4. She can now transfer old H1 and work for 5 more years.
3) Say, wife starts work and husband loses job. Wife is now H1 and husband is on H4 - they can continue like this till wife's H1 validity period or till the family's GC is approved.
4) Husband H1 + wife H4 in 7th year (assuming GC in progress) and leave the country and stay outside USA. Husband gets transfer back to USA OR gets a new job in USA. Husaband or wife not in any H or L status at this time. They can still use the old H1 and GC process dates to get H1 extension for old H1.
5) H1 employee worked for 2 years and left USA. At any time (not just October), he can use old H1 for transfer and continue for 4 more years OR he can opt for a new 6 year period after 1 year stay outside USA.
Other provisions are for L1/L2 (which I skipped) and for preventing fraud when a person gets H1 and parks his family in US but the person remains outside USA. The memo states that H4 members should be in USA only to accompany the H1 member (provided H1 is in USA and in valid state).
Hope this helps to all. If you have read the memo and if you have anything to add please do so. This is probably the only positive news for H1, H4, GC this year.
Nilcritz:
Very precise analysis. Thanks for posting this one.
I read the memo in details as it directly applies to my wife's ability to work and my ability to extend H1. Here is the analysis (I have excluded L visa part). But before that, I would like to acknowledge the works of this "the" person. They dont know how much their post means to others. Thank you so much for digging this out.
1) Husband H1, wife H4 (or vice versa) in 7th year. Wife can now work on a new H1. Her H1 will be valid for a new six year period. She can start work on 1st October 2007 if this is her first H1 and is aproved.
2) If wife had old H1, and say she worked for 1 year and stopped after completing 6 years on H1+H4. She can now transfer old H1 and work for 5 more years.
3) Say, wife starts work and husband loses job. Wife is now H1 and husband is on H4 - they can continue like this till wife's H1 validity period or till the family's GC is approved.
4) Husband H1 + wife H4 in 7th year (assuming GC in progress) and leave the country and stay outside USA. Husband gets transfer back to USA OR gets a new job in USA. Husaband or wife not in any H or L status at this time. They can still use the old H1 and GC process dates to get H1 extension for old H1.
5) H1 employee worked for 2 years and left USA. At any time (not just October), he can use old H1 for transfer and continue for 4 more years OR he can opt for a new 6 year period after 1 year stay outside USA.
Other provisions are for L1/L2 (which I skipped) and for preventing fraud when a person gets H1 and parks his family in US but the person remains outside USA. The memo states that H4 members should be in USA only to accompany the H1 member (provided H1 is in USA and in valid state).
Hope this helps to all. If you have read the memo and if you have anything to add please do so. This is probably the only positive news for H1, H4, GC this year.
Nilcritz:
Very precise analysis. Thanks for posting this one.
more...
permfiling
02-08 05:44 PM
Having said all this, I think it is safe to stay for a few months and then move on.. Wehave waited for nearly a decade.. what's the problem in staying for 4 months or so.. just take a vacation and go to India.. A month will go while in India, couple of months in planning and another month in recovering from Jet lag.. there you go.. it is 4 months now..
My cousin took a offer from a employer in CA who who did her H1 transfer but the condition mentioned in the agreement is that
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 3 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know .
The employment laws in CA are different in the sense that all these agreements are not valid so how can she move (if moves within 3 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
My cousin took a offer from a employer in CA who who did her H1 transfer but the condition mentioned in the agreement is that
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 3 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know .
The employment laws in CA are different in the sense that all these agreements are not valid so how can she move (if moves within 3 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
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axp817
04-09 02:46 PM
Receipting is not done by VO and the staff who do receipting follow certain procedures.
USCIS mailroom has certain protocols and thats why even our AC21 documentation does not reach file.
Files are distributed to different officers and they work on the files.
Without a receipt number you cannot track your MTR.
Talk to a very good Attorney on further course of action.
I filed MTR - my 485 was denied because the officer ignored the AC21 job change. When I called customer service and explained - I was transferred to a VO and when I explained it, she requested me to file an appeal so that I don't have to pay instead f MTR.
When I talked to Attorney - she said "Don't do that - when your MTR gets receipted, you can track it but cannot track an appeal"
Remember MTR = if USCIS makes a mistake - MTR costs $$
Appeal = if you want AAO to consider various factors on a correctly interpreted denial and appeal to see if you can convince.
Good information, thank you.
USCIS mailroom has certain protocols and thats why even our AC21 documentation does not reach file.
Files are distributed to different officers and they work on the files.
Without a receipt number you cannot track your MTR.
Talk to a very good Attorney on further course of action.
I filed MTR - my 485 was denied because the officer ignored the AC21 job change. When I called customer service and explained - I was transferred to a VO and when I explained it, she requested me to file an appeal so that I don't have to pay instead f MTR.
When I talked to Attorney - she said "Don't do that - when your MTR gets receipted, you can track it but cannot track an appeal"
Remember MTR = if USCIS makes a mistake - MTR costs $$
Appeal = if you want AAO to consider various factors on a correctly interpreted denial and appeal to see if you can convince.
Good information, thank you.
more...
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andr.in
02-03 10:08 AM
dammmit! Don't make it so hard on me!
eilsoe's is funny. Kit's is kinda cool!
guig0's is kinda clean n' cool!
Ok guigo, be happy!
eilsoe's is funny. Kit's is kinda cool!
guig0's is kinda clean n' cool!
Ok guigo, be happy!
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pete
12-13 03:29 PM
If I get to it I will report this to the authorities. IV should work against this as well.
more...
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nrk
10-30 12:39 PM
Just came back from Info pass appointment.
The officer told me that they haven't seen any thing wrong in the system.
Further he told in both of our cases the back ground check is completed and cases are "pre-adjudicated" (i don't know what does it mean)
Then i have asked him why the letter says "not admissible under the current law"
He said, there might be a very minor details the officer needs to clarify or send it to his superior for review. Further more he said he does not have the physical file in his hand right now if you want i will request for the file and look into that. I asked him what do you suggest on this, he said wait for some more time as i don't see any problems in your case. If i order the file your case will be taken out for nearly two months from the queue.
The officer told me that they haven't seen any thing wrong in the system.
Further he told in both of our cases the back ground check is completed and cases are "pre-adjudicated" (i don't know what does it mean)
Then i have asked him why the letter says "not admissible under the current law"
He said, there might be a very minor details the officer needs to clarify or send it to his superior for review. Further more he said he does not have the physical file in his hand right now if you want i will request for the file and look into that. I asked him what do you suggest on this, he said wait for some more time as i don't see any problems in your case. If i order the file your case will be taken out for nearly two months from the queue.
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nrk
11-03 12:08 PM
Hi Shirdibaba,
Can you copy and paste the exact letter, i mean to ask the exact letter means does it contain any agent id.
1. Did you opened any SR in TSC around 10/14 or 10/15, We have a group of people who had the same problem in TSC during those days. all the letters replied by the same agent.
2. Find out from attorney if he charges any fee for this. If so please don't go with him.
take an info pass and find out the details.
This is the best way to find out. (As i told you the group of people got the same response, most of them took info pass and found that nothing wrong in their case)
Nothing to worry, most of the cases it might be a mistake by the agent. or in some cases it is pending for minor verification.
Hi, we have approved EAD and I 485 Pending.When called to find about the case they send the leter which says---
The status of the service request is: ur case is on holf becoz u appear 2 b inadmissible under the current law.Rather than denying ur application based on inadmissibilty,we r placing ur case on hold while the dept of homeland sec considers additional xcercise of the Sec of Homeland security's discretionary xemption authority.Such an xcercise of xemption might allow us to approve ur case"........................PLS ADVICE .What happend to ur case?What did ur lawyer advice.I have taken an appt. wt my lawyer but he is out of town and seems it will take sometime...
Can you copy and paste the exact letter, i mean to ask the exact letter means does it contain any agent id.
1. Did you opened any SR in TSC around 10/14 or 10/15, We have a group of people who had the same problem in TSC during those days. all the letters replied by the same agent.
2. Find out from attorney if he charges any fee for this. If so please don't go with him.
take an info pass and find out the details.
This is the best way to find out. (As i told you the group of people got the same response, most of them took info pass and found that nothing wrong in their case)
Nothing to worry, most of the cases it might be a mistake by the agent. or in some cases it is pending for minor verification.
Hi, we have approved EAD and I 485 Pending.When called to find about the case they send the leter which says---
The status of the service request is: ur case is on holf becoz u appear 2 b inadmissible under the current law.Rather than denying ur application based on inadmissibilty,we r placing ur case on hold while the dept of homeland sec considers additional xcercise of the Sec of Homeland security's discretionary xemption authority.Such an xcercise of xemption might allow us to approve ur case"........................PLS ADVICE .What happend to ur case?What did ur lawyer advice.I have taken an appt. wt my lawyer but he is out of town and seems it will take sometime...
more...
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reddygaru
08-10 12:20 AM
Aug 2004 and still waiting
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RNGC
04-24 11:27 AM
Hello all,
I am starting this thread exclusively to know and understand all kinds of problems faced by our legal non-immigrant visa community, does not matter if it is minor or major, just put your experience here. Unless we tell and discuss about our problems, how we can expect a solution? So, let�s list all our issues here, rank them and forward it our law makers. I am very hopeful that they will help.
I am a firm believer of the proverb "Crying baby gets milk!"
I feel that we are here to compensate the shortage of highly skilled people and we do not deserve unnecessary hurdles/problems/pains that adversely affect our normal lives! We have other things to worry about! For example if our kids don't poop!;)
Here is one I have faced personally and I feel it is absolutely unnecessary! ( or may be it can be changed )
1. Travel issues....when you have applied for H1 extension, sometimes it takes 6 months, you cannot travel during this period, and you have to wait till it is approved. Have paid $1000 twice for premium processing! How this can be fixed ?
I am starting this thread exclusively to know and understand all kinds of problems faced by our legal non-immigrant visa community, does not matter if it is minor or major, just put your experience here. Unless we tell and discuss about our problems, how we can expect a solution? So, let�s list all our issues here, rank them and forward it our law makers. I am very hopeful that they will help.
I am a firm believer of the proverb "Crying baby gets milk!"
I feel that we are here to compensate the shortage of highly skilled people and we do not deserve unnecessary hurdles/problems/pains that adversely affect our normal lives! We have other things to worry about! For example if our kids don't poop!;)
Here is one I have faced personally and I feel it is absolutely unnecessary! ( or may be it can be changed )
1. Travel issues....when you have applied for H1 extension, sometimes it takes 6 months, you cannot travel during this period, and you have to wait till it is approved. Have paid $1000 twice for premium processing! How this can be fixed ?
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new2gc
06-01 11:16 AM
Voted Aye!
GCard_Dream
12-13 04:31 PM
Their way of getting here may be illegal but when the amnesty is passed every so many years and they are allowed to just adjust their status with no questions asked, they are getting their GC as legally as it can get. They also get their GC only after it's legal to do so. They don't go and print one. They get it legally.
Again, it's the system/law that let's them do that. It's perfectly legal but they are cutting in line and that's where the problem is.
we complain about illegals because their very presence here without papers is ILLEGAL. what part of ILLEGAL do you not understand?
as far as I can tell, gmatch is not doing anything ILLEGAL. as for the practice being FAIR or NOT, that is a separate discussion.
Again, it's the system/law that let's them do that. It's perfectly legal but they are cutting in line and that's where the problem is.
we complain about illegals because their very presence here without papers is ILLEGAL. what part of ILLEGAL do you not understand?
as far as I can tell, gmatch is not doing anything ILLEGAL. as for the practice being FAIR or NOT, that is a separate discussion.
needhelp!
08-28 09:59 AM
My wife and I will be flying from Los Angeles. I am already working extra hours to take 2 days off. It will be once in a lifetime opportunity to raise our voice in DC and meet lawmakers.
Buck up other states..
Buck up other states..
