GCInThisLife
07-19 04:45 PM
I did search this with given phrase.. All the search results I see are directed to university websites.. primarily referring to I-20 validity. May be since universities are a little particular about status issues, informing the rules in advance.
In my wifes case, the company policy is not include on the payroll until the first project starts and after that they pay even on the bench. And so far no one (primary) was denied GC from her company. We didn't realize the problems earlier.. she was willing to work earlier.. but since all the clients were asking for SS#, they asked her to wait till she gets one. She soon got accepted by a F500 client, but since the director was on vacation, the the project didn't start till early june 06.. I was a little worried, so though my lawyer didn't ask, she asked her employer for an employment letter. We may be able to request additional letters if USCIS issues reasonable RFE from company. Well.. there is no point in discussing my case further except for stress relief..:(.. what ever happens happens.
LoL. You are such an idi***!
Rest of the post is not for Mr. Kumar. So Mr Kumar, please ignore the rest of the post.
Here is another link:
Immigration Rights and Responsibilities of Scholars in H-1B Status
http://www.bu.edu/isso/scholars/h1-rights.html
Search for no later than 30 days after the I-797 start date
Before you ask: I don't work/study at Boston University.
________________________
Not a legal advice.
In my wifes case, the company policy is not include on the payroll until the first project starts and after that they pay even on the bench. And so far no one (primary) was denied GC from her company. We didn't realize the problems earlier.. she was willing to work earlier.. but since all the clients were asking for SS#, they asked her to wait till she gets one. She soon got accepted by a F500 client, but since the director was on vacation, the the project didn't start till early june 06.. I was a little worried, so though my lawyer didn't ask, she asked her employer for an employment letter. We may be able to request additional letters if USCIS issues reasonable RFE from company. Well.. there is no point in discussing my case further except for stress relief..:(.. what ever happens happens.
LoL. You are such an idi***!
Rest of the post is not for Mr. Kumar. So Mr Kumar, please ignore the rest of the post.
Here is another link:
Immigration Rights and Responsibilities of Scholars in H-1B Status
http://www.bu.edu/isso/scholars/h1-rights.html
Search for no later than 30 days after the I-797 start date
Before you ask: I don't work/study at Boston University.
________________________
Not a legal advice.
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gcformeornot
12-13 04:10 PM
I work for a very large Auto company. Now a days most of the new guys are coming on L1 visas. They work like H1 would work at client.
The biggest thing is the work (vehicle design work) witch was considered not outsourcable till few years back started going to India. Few of the L1 do work here in day time.........send data out when its night here...... the guys who work there in India come to US for 2-3 months to get a feel of design work and then work from India....
I aggree 100% on what OP is saying.....
The biggest thing is the work (vehicle design work) witch was considered not outsourcable till few years back started going to India. Few of the L1 do work here in day time.........send data out when its night here...... the guys who work there in India come to US for 2-3 months to get a feel of design work and then work from India....
I aggree 100% on what OP is saying.....
waitingnwaiting
11-12 09:47 AM
Visa bulletin is coming today
As EB3 why do you even watch visa bulletins? It is only for EB2. EB3 have to wait 20 years.
As EB3 why do you even watch visa bulletins? It is only for EB2. EB3 have to wait 20 years.
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amit_p27
06-21 11:18 AM
Isn't concurrent filing still available?
Yes Concurrent filing available,,, but no premium processing for I140.
check with your lawyer.
thanks:D
Yes Concurrent filing available,,, but no premium processing for I140.
check with your lawyer.
thanks:D
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Gravitation
12-13 12:49 PM
Of course, we are no more than modern day white collar slaves. We toil here for years, our spouses aren't even allowed to have a social security number, not to mention drivers licenses in many states. We are not even allowed to visit our families in our home countries without having the risk of not getting the visa re-stamped in the consulates abroad. How pathetic! Can't we all move to Canada and setup a colony for free slaves?
Look, the situation is terrible but let's not get carried away. We're still here by choice. We bargain going through all this for having the life we have here and not having the energy enough to unroot and head to Canada, Aus or Europe.
Look, the situation is terrible but let's not get carried away. We're still here by choice. We bargain going through all this for having the life we have here and not having the energy enough to unroot and head to Canada, Aus or Europe.
Devils_Advocate
05-19 09:12 PM
They should have a system like they have in UK, where they straight-away grant permanent residency to any international graduate from a list of top universities compiled by them.
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logiclife
07-06 02:09 PM
EDIT: According to Dr. Bahrainwala,this has been bumped to 7/7/07..
Same time 5.30 pm central NBC weekend news.
Check your local tv listings by going to http://www.tvguide.com/listings/setup/localize.aspx
Link to Youtube video, courtesy of another IV member. Thanks are due to Dr. Bahrainwala.
Link to Youtube:http://immigrationvoice.blogspot.com/2007/07/iv-member-in-news.html
Please rate the video after you view it.
Immigration Voice member Dr. Murtaza Bahrainwala, who was also quoted in the New York times article today about the July Visa bulletin fiasco and the resulting fallout from it, will be on NBC nightly news with Brian Williams tonight around 5:30 Central time.
The interview also has snippets of interview with USCIS officer as Brian Williams has interviewed USCIS over this issue also. So its a "must watch" thing.
This will be on NBC and that's good coz you dont even need cable to watch this. In your local area, the NBC channel affiliate will be broadcasting the "Nightly news" with Brian Williams.
Local times may vary depending on your local NBC affiliate. Its most likely 5:30 Central time tonight but check your local listings.
Thanks to Dr. Bahrainwala for the interview.
About NBC nightly News:
More details about NBC nightly News : http://www.msnbc.msn.com/id/3689499/
Podcasts, downloads etc: http://www.msnbc.msn.com/id/8132577/
Same time 5.30 pm central NBC weekend news.
Check your local tv listings by going to http://www.tvguide.com/listings/setup/localize.aspx
Link to Youtube video, courtesy of another IV member. Thanks are due to Dr. Bahrainwala.
Link to Youtube:http://immigrationvoice.blogspot.com/2007/07/iv-member-in-news.html
Please rate the video after you view it.
Immigration Voice member Dr. Murtaza Bahrainwala, who was also quoted in the New York times article today about the July Visa bulletin fiasco and the resulting fallout from it, will be on NBC nightly news with Brian Williams tonight around 5:30 Central time.
The interview also has snippets of interview with USCIS officer as Brian Williams has interviewed USCIS over this issue also. So its a "must watch" thing.
This will be on NBC and that's good coz you dont even need cable to watch this. In your local area, the NBC channel affiliate will be broadcasting the "Nightly news" with Brian Williams.
Local times may vary depending on your local NBC affiliate. Its most likely 5:30 Central time tonight but check your local listings.
Thanks to Dr. Bahrainwala for the interview.
About NBC nightly News:
More details about NBC nightly News : http://www.msnbc.msn.com/id/3689499/
Podcasts, downloads etc: http://www.msnbc.msn.com/id/8132577/
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vasireddyanil
02-19 09:42 PM
adibhatla,
Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
-------------------------------------------------------------------------------------------
Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):
On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.
8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.
The decision leaves you without lawful immigration status���.
--------------------------------------------------------------------------------------------
After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
Notice Type: receipt Notice.
Amount received $585.00
It states that
This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...
The notice number you are referring is same as I mentioned or different?
I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..
Employer: A
December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas
February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney
March 03/2008 I140 Notice Returned as Undeliverable
March 05/2008 I485 Denial Notice Sent
August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.
Nov 26 2008 MTR received and pending
What will be my fate? How long should I wait??
Could you please review my situation? My attorney told me that I can not work untill the decission comes out from USCIS. In 485 denial notice it was mentioned that ....
-------------------------------------------------------------------------------------------
Upon consideration, it is ordered that your application for permanent residence, form I 485, filed on Nov 1 2004, to adjust your status to that of lawful permanent resident, be denied for the following reason (s):
On February 13 2008, the US citizenship and Immigration service�s issues a revocation on the underlying form, immigrant petition for alien worker. Since the underlying petition is revoked, a visa is immediately not available. As such you cannot adjust status to that of a lawful permanent resident. Therefore, the form I-485 application is denied.
8 C.F.R274a.14 (b)(1)(i) allows termination of employment authorization when it appears that any condition upon which it was granted has not been met or no longer exists. If you have received an I-765 for classification C9 based upon this pending I485, you are reminded that this EAD is no longer valid and can not be used to allow yourself to work in the United States.
The decision leaves you without lawful immigration status���.
--------------------------------------------------------------------------------------------
After filing MTR (I290B) we received receipt number SRC-09 -044-xxxxx
Notice Type: receipt Notice.
Amount received $585.00
It states that
This notice doesnot grant any immigration status or benefit.It is not even evidence that this case is still pending. It only shows that the application or petition was filed on date shown...
The notice number you are referring is same as I mentioned or different?
I will appreciate your time and help in this regard. I will get back to you if you need further clarifications..
Employer: A
December 13, 2002: Labor date:
October 26, 2004 I-485: Filed
April 28, 2005 I-140 Approved (EAC1)
May /2005 I765 Approved
September 16, 2005 Used AC21- and moved to new employer.
April /2006 I765 Approved
Aug 26 2006 Went to India for 1 month vacation using AP
Sep 20 2006 Returned to US
April /2007 I765 Approved
May 13 2007 Went to India for 1 month vacation using AP
Jun 02 2007 Returned to US
February 14/2008 The I140 IMMIGRANT PETITION FOR ALIEN Worker
was transferred and is now pending at Texas
February 22/2008 I765 Card production ordered.
NOV 08/2007 I140 Notice Returned as Undeliverable to the employer/Attorney
March 03/2008 I140 Notice Returned as Undeliverable
March 05/2008 I485 Denial Notice Sent
August 28, 2008: the post office returned the notice we last sent you on
this case I485 APPLICATION TO
REGISTER PERMANENT RESIDENCE OR TO ADJUST
STATUS as undeliverable
Finally I got my denial notice. It was delayed due to previous attorney�s negligence and mistakes.
Nov 26 2008 MTR received and pending
What will be my fate? How long should I wait??
more...
arunkotte
07-07 08:29 PM
Condi Rice Interview where she was asked about us.
http://www.cnbc.com/id/15840232?video=412859221
http://www.cnbc.com/id/15840232?video=412859221
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goel_ar
05-11 05:32 PM
I don't know why do we (EB community) support it?
1. There is no economic sense for DREAM act. You are going to make illegal people legal - without any much restrictions. How about kids of people who are waiting for their GCs (kids born in native country)? Don't you see any unfair treatment handed out to kids of legal immigrants.
2. Why not give them legal status until age of 18 or 21, then they must prove their worth to economy by going to F1 visa , h1 visa & using available path to immigration?
3. It is about re-uniting families - There are people struggling in legal immigration queue who want to unite with their families - parents - there is no provision in law or effort of making it possible.
This is all politics & I will never support it.
1. There is no economic sense for DREAM act. You are going to make illegal people legal - without any much restrictions. How about kids of people who are waiting for their GCs (kids born in native country)? Don't you see any unfair treatment handed out to kids of legal immigrants.
2. Why not give them legal status until age of 18 or 21, then they must prove their worth to economy by going to F1 visa , h1 visa & using available path to immigration?
3. It is about re-uniting families - There are people struggling in legal immigration queue who want to unite with their families - parents - there is no provision in law or effort of making it possible.
This is all politics & I will never support it.
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EkAurAaya
06-19 06:13 PM
I don't know if he is gonna mess it up if I file on my own. But Senthil has valid point that he should support if there is an RFE.
Its a very good point... might as well take the hit now BUT make sure you give him the finger and a few words when you throw your resignation letter on his face after getting your ead or if you want to wait till you get your gc!
Sucker will rot in hell for sure!
Its a very good point... might as well take the hit now BUT make sure you give him the finger and a few words when you throw your resignation letter on his face after getting your ead or if you want to wait till you get your gc!
Sucker will rot in hell for sure!
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ca_immigrant
11-27 01:12 AM
This definately looks good...
Good in the sense....some weeks back there was another analysis here that said I will get GC in 2016, now it is saying 2010 -;)
I do not necessarily understand all the details here.....but just hope this will turn out to be true from cut off date perspective....
Thanks IV !
Good in the sense....some weeks back there was another analysis here that said I will get GC in 2016, now it is saying 2010 -;)
I do not necessarily understand all the details here.....but just hope this will turn out to be true from cut off date perspective....
Thanks IV !
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ashneels2001
12-12 08:46 AM
Eagle,
I have been reading all the valuable suggestions being provided to you by the senior and exisiting members of immigrationvoice.org. I feel your pain and frustation. I would like to point out a few things which no other member did so far for you:
Your application has been denied. I am sure you have already filed an MTR unless its ready to go out in the mail. If you are lucky your MTR will get approved or it will be sent to AAO office which is taking roughly 18 months for a decision.
My advice to you is to file a brand new I140 EB3 application along with your MTR as that will allow you to maintain your priority date and start a new I140 application. Consult my advice with your attorney and see if he agrees to what I suggested. If he does then he should not charge you a consultancy fee as that advice would have come from you not him.
There is no way any credential evaluation agency can equate a Indian BCOM degree to Bachelors in Business Administration in USA. If you center was NSC they are known to deny cases such as yours. TSC is following their footsteps.
In your appeal you need to concentrate on your Masters Degree as that was the requirement for your job profile on your LC.
You need a strong lawyer in your case who can justify and question USCIS decision. Feel free to ask me any other questions related to my advice.
My best wishes to you!
I have been reading all the valuable suggestions being provided to you by the senior and exisiting members of immigrationvoice.org. I feel your pain and frustation. I would like to point out a few things which no other member did so far for you:
Your application has been denied. I am sure you have already filed an MTR unless its ready to go out in the mail. If you are lucky your MTR will get approved or it will be sent to AAO office which is taking roughly 18 months for a decision.
My advice to you is to file a brand new I140 EB3 application along with your MTR as that will allow you to maintain your priority date and start a new I140 application. Consult my advice with your attorney and see if he agrees to what I suggested. If he does then he should not charge you a consultancy fee as that advice would have come from you not him.
There is no way any credential evaluation agency can equate a Indian BCOM degree to Bachelors in Business Administration in USA. If you center was NSC they are known to deny cases such as yours. TSC is following their footsteps.
In your appeal you need to concentrate on your Masters Degree as that was the requirement for your job profile on your LC.
You need a strong lawyer in your case who can justify and question USCIS decision. Feel free to ask me any other questions related to my advice.
My best wishes to you!
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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.
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pmb76
01-06 02:57 AM
singhsa, Your friend just has to pray for Mitt Romney to be president who may solve his problem :D
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eb_retrogession
04-01 07:03 PM
Faxes sent.
Thanks everyone for your hardwork.
Thanks everyone for your hardwork.
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seahawks
03-30 01:47 AM
I am trying to get more people from WA state to join me in meeting with lawmakers. My wife has posted more information in some communities and intend s to post more.
http://www.orkut.com/CommMsgs.aspx?cmm=21143483&tid=2523746237981000673&na=4
I would suggest everyone to spread the word around, lets get the ball rolling and meet with lawmakers and get our point across.
http://www.orkut.com/CommMsgs.aspx?cmm=21143483&tid=2523746237981000673&na=4
I would suggest everyone to spread the word around, lets get the ball rolling and meet with lawmakers and get our point across.
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desi_voice
04-16 03:56 PM
Ummm.. I did not know that one can do a diploma after 10th grade in India and after that, a year to get bachelors? You are right... its not very clear from the original post.. and can easily be misinterpreted as (10+2+3+1) which is 16 years of education.
OP, could you please confirm if this is the case with your background.
Hi Gapala,
After finishing 10th standard/grade/SSLC(10th), students join Polytechnics education which awards Diploma, which is 3 yrs course.
OP, could you please confirm if this is the case with your background.
Hi Gapala,
After finishing 10th standard/grade/SSLC(10th), students join Polytechnics education which awards Diploma, which is 3 yrs course.
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Gravitation
04-13 01:09 PM
So why isnt EB3 India moving at all ?
'cause almost all India EB3 visa numbers for this year are gone.
'cause almost all India EB3 visa numbers for this year are gone.
paragpujara
12-18 01:36 PM
Refer to USCIS guide lines regarding AC 21. Hope this helps.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
JunRN,
First, Thank You for all your advises.
I am planning to file AC-21 memo with USCIS.
I hope the my new employer will help with paperwork. and I have to find a lawyer who can do that and be prepare for RFE and Interviews.
My last question to you:
1. Do you know for AC-21 I have to work in the same state where my labor was filed?
my labor was at IL and now working in TX but same type of job.
2. Is there a deadline or recommened time to file Ac-21 memo with CIS?
I just joined the new company 2 weeks back with my EAD after getting laid off from petitioning employer (they will not revoke my approved I-140)
Any advises and recommendations on filing AC-21 will be very much appreciated.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
JunRN,
First, Thank You for all your advises.
I am planning to file AC-21 memo with USCIS.
I hope the my new employer will help with paperwork. and I have to find a lawyer who can do that and be prepare for RFE and Interviews.
My last question to you:
1. Do you know for AC-21 I have to work in the same state where my labor was filed?
my labor was at IL and now working in TX but same type of job.
2. Is there a deadline or recommened time to file Ac-21 memo with CIS?
I just joined the new company 2 weeks back with my EAD after getting laid off from petitioning employer (they will not revoke my approved I-140)
Any advises and recommendations on filing AC-21 will be very much appreciated.
stucklabor
04-10 09:13 PM
I agree with bharnik..
IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.
Guys, let us not get carried away. The Immigration and Nationality Act clearly says that the Attorney General shall give Employment Authorization to people with pending Adjustment of Status. It is just the duration of the EAD that is left with the discretion of USCIS.
People keep throwing around the phrase "Administrative solution". In this country, just about everything is codified by law. Some things, like the EAD duration, can be tackled Administratively. However, USCIS isn't going to give up a cash cow, viz. the fees from yearly EAD renewals, easily. It is a lot easier to have Congress mandate three year EAD extensions than to convince USCIS to do it.
I guess the argument that BKarnik is trying to make is that USCIS should be administratively mandated to give Employment Authorizations to people with approved immigrant petitions. However, in the last few months, I have been looking at INA on a regular basis. Most immigration practices are codified in INA, and I would be really hesitant to even ask for an administrative fiat to this effect. Remember, an anti-immigrationist can equally easily have it removed. When Congress passes something, however, it has the force of law.
I do not agree with statements like "Most USCIS practices are regulations, not law". Not true. INA codifies what USCIS should do.
IV has the clout now to approach agencies, explain to them our argument and see if we are able to convince them for short-term reliefs. It is just a matter of trying.
Guys, let us not get carried away. The Immigration and Nationality Act clearly says that the Attorney General shall give Employment Authorization to people with pending Adjustment of Status. It is just the duration of the EAD that is left with the discretion of USCIS.
People keep throwing around the phrase "Administrative solution". In this country, just about everything is codified by law. Some things, like the EAD duration, can be tackled Administratively. However, USCIS isn't going to give up a cash cow, viz. the fees from yearly EAD renewals, easily. It is a lot easier to have Congress mandate three year EAD extensions than to convince USCIS to do it.
I guess the argument that BKarnik is trying to make is that USCIS should be administratively mandated to give Employment Authorizations to people with approved immigrant petitions. However, in the last few months, I have been looking at INA on a regular basis. Most immigration practices are codified in INA, and I would be really hesitant to even ask for an administrative fiat to this effect. Remember, an anti-immigrationist can equally easily have it removed. When Congress passes something, however, it has the force of law.
I do not agree with statements like "Most USCIS practices are regulations, not law". Not true. INA codifies what USCIS should do.
