msp1976
02-09 01:06 PM
I would not say that suing USCIS is of no use...It does have its own uses....
Most of the 'American people' donot think beyond their own thing...Some donot have intellectual capacity...Some lack the curiocity..Some are stuck in mortage..marriage..lovelife...divorse...They donot have time to look at our plight or our lawsuit...
For all 'lawsuit oriented' people ...This is some educational material...
Some people already sued the USCIS and their attempt failed...
Still USCIS was forced to make certain statements in a federal court and certain processing became fast because of that...
If you want to try suing please read all this.....
http://www.immigration.com/litigation/I-485_litigation.html
Most of the 'American people' donot think beyond their own thing...Some donot have intellectual capacity...Some lack the curiocity..Some are stuck in mortage..marriage..lovelife...divorse...They donot have time to look at our plight or our lawsuit...
For all 'lawsuit oriented' people ...This is some educational material...
Some people already sued the USCIS and their attempt failed...
Still USCIS was forced to make certain statements in a federal court and certain processing became fast because of that...
If you want to try suing please read all this.....
http://www.immigration.com/litigation/I-485_litigation.html
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ramus
06-11 12:16 PM
Seems to me you joined IV for then a year now..
Can I ask you simple question.
What is your contribution towards IV.
Contribution could be in any form-- fund/invite friends/send email to reporters/ and so on..
Please answer here to we all will know.
Mr. Sanju,
We are all aware of what going on at the Senate floor and also about the ammendments that put forth on the floor. So my question is clear anc simple what ammendment is supported by CORE IV and what are we looking for.
Because the passing of the current version of the bill will effect all the old cases which many people are in and I wont allow that to happen. I will try my best to avoid this situation to happen. Even though i have a MAster in engineering I will not support SKIL progran that will void the previously pending cases. Good try core IV yto make member to work towards the betterment of few people You know what such people are called" SELFFISH". Guys beware on whaT ACTIONS YOU ARE DOING SO THAT YOU WONT REPENT.
Can I ask you simple question.
What is your contribution towards IV.
Contribution could be in any form-- fund/invite friends/send email to reporters/ and so on..
Please answer here to we all will know.
Mr. Sanju,
We are all aware of what going on at the Senate floor and also about the ammendments that put forth on the floor. So my question is clear anc simple what ammendment is supported by CORE IV and what are we looking for.
Because the passing of the current version of the bill will effect all the old cases which many people are in and I wont allow that to happen. I will try my best to avoid this situation to happen. Even though i have a MAster in engineering I will not support SKIL progran that will void the previously pending cases. Good try core IV yto make member to work towards the betterment of few people You know what such people are called" SELFFISH". Guys beware on whaT ACTIONS YOU ARE DOING SO THAT YOU WONT REPENT.
Berkeleybee
05-17 01:35 PM
I listened to President's speech last Monday on immigration.But,he did not mention anything about legal immigration issues. I think ,we should send a memorandum or mass letter from each members of IV to the President.
We should communicate our problems. If everybody sends letter to the IV Team and they can submit all the letters to the President's Office. What do you think ? Any comments ? Is there any better way of communicating to the President ?
Va_labor2002,
The president's speech was focusing on undocumented worker and border security issues because those are the issues that might bring this current version of CIR down.
Our issues are relatively non-controversial. We also know that the White House is absolutely aware of our issues and fully supportive.
best,
Berkeleybee
We should communicate our problems. If everybody sends letter to the IV Team and they can submit all the letters to the President's Office. What do you think ? Any comments ? Is there any better way of communicating to the President ?
Va_labor2002,
The president's speech was focusing on undocumented worker and border security issues because those are the issues that might bring this current version of CIR down.
Our issues are relatively non-controversial. We also know that the White House is absolutely aware of our issues and fully supportive.
best,
Berkeleybee
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vamsi_poondla
04-22 03:00 PM
Good reply. I agree with you
Though your intention is to help OP, there are certain things that need to be observed especially in this climate where there is lot of backlash against legal immigrants. We have to ensure that we do not provide any ammu to anti's with our comments.
For an employer to sponsor a foreign worker on H1B,
First of all, there needs to be a skilled worker position open and available in US and
2nd that there are no "qualified" US citizens are available to fill that position.
OP's post goes against both these conditions, Forget about the rest such as bad economy, survival etc.. as per law, Employer has to pack the H1B home if the position is knocked off with a flight ticket and a reasonable relocation.
No offense to any one but just calling for more caution as we have seen increased number of posts like these.
Though your intention is to help OP, there are certain things that need to be observed especially in this climate where there is lot of backlash against legal immigrants. We have to ensure that we do not provide any ammu to anti's with our comments.
For an employer to sponsor a foreign worker on H1B,
First of all, there needs to be a skilled worker position open and available in US and
2nd that there are no "qualified" US citizens are available to fill that position.
OP's post goes against both these conditions, Forget about the rest such as bad economy, survival etc.. as per law, Employer has to pack the H1B home if the position is knocked off with a flight ticket and a reasonable relocation.
No offense to any one but just calling for more caution as we have seen increased number of posts like these.
more...
amitkhare77
09-04 09:54 AM
Question : If I get H1 transferred to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.
NO, I-485 filing > 180, also the I-140 is approved.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
No. if you send AC21 letter, you will not receive NOID (you might get RFE)
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
Yes
Here is my thought -
If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.
Let say if you start using EAD now, you will have 1 yr 5 months left on your H1B. if there is something wrong with I-485, you can file H1B from different employer (this will not count against quota, as you have unsed 1 yr 5 month left on your H1B), go out of country and come back on H1B (you have more than 1 year left you can start another GC process :))
just my thought, you might want to validate this with any leagal expert.
NO, I-485 filing > 180, also the I-140 is approved.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
No. if you send AC21 letter, you will not receive NOID (you might get RFE)
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
Yes
Here is my thought -
If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.
Let say if you start using EAD now, you will have 1 yr 5 months left on your H1B. if there is something wrong with I-485, you can file H1B from different employer (this will not count against quota, as you have unsed 1 yr 5 month left on your H1B), go out of country and come back on H1B (you have more than 1 year left you can start another GC process :))
just my thought, you might want to validate this with any leagal expert.
smisachu
06-08 03:28 PM
Hi
I wanted to know how long it took for I-140 approval. I also got Labor by PERM filed in Dec05 and will be filing I-140, EB2.
Thanks
I wanted to know how long it took for I-140 approval. I also got Labor by PERM filed in Dec05 and will be filing I-140, EB2.
Thanks
more...
calboy78
01-12 01:04 PM
Why take chances ? Be safer than being sorry later.
Take some leave (paid or unpaid) - get it stamped over there + meet your loved ones. You'll have a peace of mind at the cost of couple thousand dollars.
"my" suggestion.
Take some leave (paid or unpaid) - get it stamped over there + meet your loved ones. You'll have a peace of mind at the cost of couple thousand dollars.
"my" suggestion.
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Beta_mle
02-21 09:23 AM
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
Thanks Desi. That helps peace of mind. Do you have a link to the regulation concerning out of status applying only to applicants 17 and older?
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
Thanks Desi. That helps peace of mind. Do you have a link to the regulation concerning out of status applying only to applicants 17 and older?
more...
madras1
01-27 12:38 PM
US needs EB1 and Ph.Ds
Others not contribute as much
Did you know your tri-valley university Ph.d does not count?
Others not contribute as much
Did you know your tri-valley university Ph.d does not count?
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vallabhu
11-13 04:44 PM
India EB3 2004 June.
more...
fromnaija
11-13 01:01 PM
That, my friend, is the question! It is the risk associated with using AC21 before I-140 approval.
How do we know that I-140 is "approvable"?
How do we know that I-140 is "approvable"?
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anu_t
07-20 10:10 PM
I would definitely choose carreer over GC. Infact I myself did it.
more...
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jeny
08-06 08:39 AM
Yes Jayant it is Consular Process. Today i send a mail to them, hope they will replay.
Thanks
I just recived mail from embassy saying that there is no visa avilable for my case. When avilable they will call me for the interview again. Thank you ALL
Thanks
I just recived mail from embassy saying that there is no visa avilable for my case. When avilable they will call me for the interview again. Thank you ALL
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desi3933
07-07 06:18 PM
Gurus, need a lil help clarifying issue in GC process.
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Incorrect. Current location has NOTHING to do with GC job location which for a future job that one need to start AFTER I-485/CP is approved. One can be doing job in NYC and have GC job for Chicago. Probably the best case is when LC mentions "anywhere in USA".
Is this true? I might be wrong about the information above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
The current job location should be same as stated in LCA for your current H1. If your LCA says Chicago and you are in Dallas then you are NOT in valid H1-B status and consider consulting an attorney for legal advice.
Out of Status > 180 days is one good enough ground to dny I-485 application. For more details on "out of status" scenarios, please refer to my old posts.
_________________
Not a legal advice
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Incorrect. Current location has NOTHING to do with GC job location which for a future job that one need to start AFTER I-485/CP is approved. One can be doing job in NYC and have GC job for Chicago. Probably the best case is when LC mentions "anywhere in USA".
Is this true? I might be wrong about the information above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
The current job location should be same as stated in LCA for your current H1. If your LCA says Chicago and you are in Dallas then you are NOT in valid H1-B status and consider consulting an attorney for legal advice.
Out of Status > 180 days is one good enough ground to dny I-485 application. For more details on "out of status" scenarios, please refer to my old posts.
_________________
Not a legal advice
more...
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gcseeker2002
08-14 02:24 PM
Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
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eb3India
05-15 09:45 AM
being current means nothing, belive me, I filed 485 in March 2004 when everything was current for almost an year, we need IV reform the system to better work for Highly skilled professionals,
I know in coming months many of us might get GC, including many in IV-core team, but I would like to IV go further after getting GC to continue their effort to put a closure by passing SKILL as a law which is our goal
I know in coming months many of us might get GC, including many in IV-core team, but I would like to IV go further after getting GC to continue their effort to put a closure by passing SKILL as a law which is our goal
more...
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anindya1234
07-17 10:32 PM
The link is not working
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pbojja
04-20 02:22 PM
I-94 also does not have the date written
Just take the passports and required documents to Chicago Airport , there will be a Customs and Border office inside the International terminal, they will be able to fix it .
Just take the passports and required documents to Chicago Airport , there will be a Customs and Border office inside the International terminal, they will be able to fix it .
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needhelp!
06-16 01:23 PM
Thank you rsdang..
No reason to be shy IVians. The person at the other end of the line is human just like you and it is a part of their job to take our messages and convey them to the representatives.
Folks please call � Lobbying/Calling people is the way things get done in US� Get over your shyness. Just Do it.
I was shy at first and was uncomfortable calling � after the first 2-3 calls I was calling like a pro� its takes half an hour at most�
Please Please Please pick up that phone and call�
No reason to be shy IVians. The person at the other end of the line is human just like you and it is a part of their job to take our messages and convey them to the representatives.
Folks please call � Lobbying/Calling people is the way things get done in US� Get over your shyness. Just Do it.
I was shy at first and was uncomfortable calling � after the first 2-3 calls I was calling like a pro� its takes half an hour at most�
Please Please Please pick up that phone and call�
ck_b2001
07-17 07:37 PM
Hi All,
I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.
My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?
I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?
Please advise.
Thanks,
Nachi
You should seek legal advice. you are correct in saying that at POE they need to know that you had applied for 485 so that when they issue I-94, your filed petition is still vaild and not considered abandoned.
I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.
My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?
I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?
Please advise.
Thanks,
Nachi
You should seek legal advice. you are correct in saying that at POE they need to know that you had applied for 485 so that when they issue I-94, your filed petition is still vaild and not considered abandoned.
crystal
02-02 10:27 AM
http://www.ice.gov/sevis/travel/faq_f2.htm#_Toc81222024
2.K. Can I travel outside the United States if I have a Form I-485 adjustment of status application pending?
No, not without advance permission. If you depart the United States with a pending I-485, you have abandoned your application unless you receive permission in advance from USCIS to return to the United States. This permission is called Advance Parole.
You may also be considered ineligible to return to the United States as an F-1 student, because your application to change status to that of a permanent resident is evidence of intent to immigrate which is inconsistent with nonimmigrant student status
2.K. Can I travel outside the United States if I have a Form I-485 adjustment of status application pending?
No, not without advance permission. If you depart the United States with a pending I-485, you have abandoned your application unless you receive permission in advance from USCIS to return to the United States. This permission is called Advance Parole.
You may also be considered ineligible to return to the United States as an F-1 student, because your application to change status to that of a permanent resident is evidence of intent to immigrate which is inconsistent with nonimmigrant student status
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