maddipati1
12-17 12:58 PM
people already forgot about Jan Visa bulletin. its almost time for Feb bulletin predictions. wait a couple of days, one of the genius will start a thread for Feb bulletin predictions :-)
sunny1000
10-10 01:32 AM
the reason is faulty data uscis and dos has been publishing.
And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)
rofl :):):)
And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)
rofl :):):)
bank_king2003
03-12 12:35 PM
We see lots of anger and frustration in this GC journey specially when a VB comes out.
lets me ask myself and all of you these questions.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.
If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?
Thanks,
lets me ask myself and all of you these questions.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.
If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?
Thanks,
SGP
09-21 09:33 AM
Just got a word from our attorney that my case was approved on 09/08/2010. In my case USCIS did not update the website with the approved status! Not even a soft LUD.... I don't know their operating standard!
Thanks for many of you reading my post! So now you know even with out USCIS website update there is a chance that ones case would be approved.
Lesson learnt: Always check with attorney!
Now on to the final hurdle! I-485.
Raj:)
Hi Raj : Did you switch to EB2 with a new company? If yes, could you please let me know, how long did it take you to get the new labor?
Thanks for many of you reading my post! So now you know even with out USCIS website update there is a chance that ones case would be approved.
Lesson learnt: Always check with attorney!
Now on to the final hurdle! I-485.
Raj:)
Hi Raj : Did you switch to EB2 with a new company? If yes, could you please let me know, how long did it take you to get the new labor?
more...
abracadabra
05-30 01:43 PM
I filed I-131 and I-765 and could not regenerate the confirmation receipt notice in PDF, system crashed and closed the window, but I have the receipt numbers did anyone went through this situation
Jonas73
04-21 06:17 PM
Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).
Do I need to "change" job within my company?
Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?
Do I need to "change" job within my company?
Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?
more...
vikki76
04-13 05:24 PM
Aliens who have advanced degree in science,technology,engineering or math and have been working in a related field in US under a non immigrant visa during the 3 year period preceding their application should be exempt from numerical limits.
permfiling
08-09 09:59 PM
If he is done with FP, I don't see any issue. Typically USCIS allows grace period as long as you are within the 180 period but since this case is > 180 days, then consult a lawyer to file 245k
NOT True.. they will give and come after you just to deny/revoke it.
NOT True.. they will give and come after you just to deny/revoke it.
more...
getgreensoon1
05-11 02:27 PM
I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending
We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice
WHy should his greencard be pending after two years ? He should get it as soon as you get it. In your case, since you are a MULTINATIONAL MANAGER, you should get this in a few weeks.
If you work for companies that commit EB1 multinational manager fraud everyday such as Infosys, TCS, congizant, LT, Wipro, its very likely that your EB1 application will be rejected. USCIS is now aware of these frauds very well and they are cracking down on this very rigourously. I am sure in your case you must be having a bachelors degree (may not be in engineering) and you must have worked in the parent company for a few years and now moved to the US. There must be one software engineer reporting to you in India for a few months until your case is processed. This has been a recipe for disaster in the last few months but you can still try your luck.
Jonas73
04-22 10:03 PM
Hi, Yes I have a EB3 (even that I have a Masters degree and 6 years of experience) as my job only required a BS degree etc when I started working. So my understanding is now that what ever I do I need to get a new Labor/PERM and a new position within my company that requires MS degree etc that would qualify for EB2. Even if my I-140 gets approved within reasonable time I still have to wait in eternity for my date to be current under EB3? (the last time I looked back on the previous visa bulletins it looked like it was 2 years ago the EB3 was current (or PD 05 or something). That means that I will have to wait maybe 3-5 years before I can even apply for the I-485? Even that I do have the requirements for a EB2 and my company would have no issues qualifying my job to require a MS degree.
more...
ndbhatt
07-24 12:08 PM
Can I file concurrently I-140 and I-485 if the labor is approved but haven't received the hard copy? What do I need to attach to these applications to substitute for the hard copy?
thomachan72
10-19 09:35 AM
Has anybody done that?
Questions;
1) Will the old 140 be valid (for using the PD) even if the old employer withdraws/revokes the old LC/140? Big corporation, so I thought that would be a standard procedure?
2) Has the new job title and responsibilities be very similar to the old one?
3) Has the new LC/140 to be filed before the old one is cancelled inorder to keep the PD?
4) is there any memo/law that allows us to keep the old PD once a 140 has been approved (even if it is revoken)?
It is clear that a new LC/140 has to be done once you change the job. So any other information is welcome.
Questions;
1) Will the old 140 be valid (for using the PD) even if the old employer withdraws/revokes the old LC/140? Big corporation, so I thought that would be a standard procedure?
2) Has the new job title and responsibilities be very similar to the old one?
3) Has the new LC/140 to be filed before the old one is cancelled inorder to keep the PD?
4) is there any memo/law that allows us to keep the old PD once a 140 has been approved (even if it is revoken)?
It is clear that a new LC/140 has to be done once you change the job. So any other information is welcome.
more...
Lynx
04-28 10:52 AM
Ironikart got my vote :) It looks so funny and like a real toy, I like it :P
horscorp
02-06 01:21 PM
Hi Ann,
Thanks for the response. I am very glad to know that H1 can be transferred to new company with existing perm application. If the transfer takes place, we will be aiming to apply for a new Perm from the new company asap or before 30-Sep-2010.
Can you please confirm applying for new Perm with new company before Sep 2010 will be enough to request extension beyond Sep 2011?
thanks again!
horscorp
Hi Horscorp,
It is possible to transfer the H1 with validity to 30-Sep-2011 as long as the PERM is active. However, once approved, the PERM will "expire" if no I-140 is filed within 180 days, and eligibility for further one year extensions would end. Similarly, if the employer withdraws the PERM or if it is denied and no appeal is taken further extensions based on that PERM would not be granted.
Ann
Thanks for the response. I am very glad to know that H1 can be transferred to new company with existing perm application. If the transfer takes place, we will be aiming to apply for a new Perm from the new company asap or before 30-Sep-2010.
Can you please confirm applying for new Perm with new company before Sep 2010 will be enough to request extension beyond Sep 2011?
thanks again!
horscorp
Hi Horscorp,
It is possible to transfer the H1 with validity to 30-Sep-2011 as long as the PERM is active. However, once approved, the PERM will "expire" if no I-140 is filed within 180 days, and eligibility for further one year extensions would end. Similarly, if the employer withdraws the PERM or if it is denied and no appeal is taken further extensions based on that PERM would not be granted.
Ann
more...
gbof
10-16 09:11 PM
A message from President Obama too.
The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)
Folks,
Words have power as words which touch hearts win masses. Hearing these from Obama's mouth really give a good feeling. I know you will all agree. Watch the video....
Happy Diwali to all
The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)
Folks,
Words have power as words which touch hearts win masses. Hearing these from Obama's mouth really give a good feeling. I know you will all agree. Watch the video....
Happy Diwali to all
Ramba
05-19 02:31 PM
I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.
Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.
Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.
more...
RadioactveChimp
04-17 01:22 PM
there you go! I really like that one! :A+:
kshitijnt
10-05 02:23 AM
I went to Kanha and Bandhavgarh National parks, the last two times I had been to India. The december season is not the best one for tiger viewing, however; if you give it 2-3 days, you will see some activity.
I will recommend Bandhavgarh. Although not as accessible as Kanha, the forest has best tiger density of all Indian parks and hence improves your chance of sighting. The forest area is much smaller than Kanha, so you will see less of other wildlife, there are no bisons or barasinghas in Bandhavgarh, but you will definitely see tigers. Took 4 game drives, sighted twice, once two tigers were fighting ferociously. Captured it all like on Animal planet.
Kanha: Is a much bigger& beautiful forest, is more easily accessible. I took 3 game drives in 2008, no sightings. You have better chance of sighting other animals such as sloth bears, nilgai, bisons here. Spotting a tiger can be and in any forest will be a matter of chance. Kanha still has a tiger show in the morning in which if they see a tiger they take you by elephant to the tiger. This show is no more in play @ Bandhavgarh.
All of my 7 game drives were a thrill & most memorable experiences. You can take a flight to Jabalpur from Delhi and either forest is a 6 hr drive from there. Watching a tiger in the wild and the thrill to seek it was one of the most memorable moments of my life.
Or you can go to Kajuraho from Delhi by flight and Bandhavgargh is a 6 hr drive.
Have fun in what you do.
I will recommend Bandhavgarh. Although not as accessible as Kanha, the forest has best tiger density of all Indian parks and hence improves your chance of sighting. The forest area is much smaller than Kanha, so you will see less of other wildlife, there are no bisons or barasinghas in Bandhavgarh, but you will definitely see tigers. Took 4 game drives, sighted twice, once two tigers were fighting ferociously. Captured it all like on Animal planet.
Kanha: Is a much bigger& beautiful forest, is more easily accessible. I took 3 game drives in 2008, no sightings. You have better chance of sighting other animals such as sloth bears, nilgai, bisons here. Spotting a tiger can be and in any forest will be a matter of chance. Kanha still has a tiger show in the morning in which if they see a tiger they take you by elephant to the tiger. This show is no more in play @ Bandhavgarh.
All of my 7 game drives were a thrill & most memorable experiences. You can take a flight to Jabalpur from Delhi and either forest is a 6 hr drive from there. Watching a tiger in the wild and the thrill to seek it was one of the most memorable moments of my life.
Or you can go to Kajuraho from Delhi by flight and Bandhavgargh is a 6 hr drive.
Have fun in what you do.
scubadude
May 23rd, 2005, 08:00 PM
Canon EOS Digital Rebel, 75-300 1:4.5-5.6
Natural lighting in shade at a high school stadium in early May
Natural lighting in shade at a high school stadium in early May
kk_kk
07-17 09:12 AM
Is this in RFE connection with an Adjustment of Status filing? if so, you really only need to show that you did not violate status for over 180 days since your last lawful entry (Section 245(k) of the Immigration and Nationality Act).
In any event, proving that you maintained status does not require showing all old I-94s. You need to show that you were approved for or admitted in a certain status, and that you stayed in that status until it was changed or extended. Approval notices, visas, and maybe entry stamps from your passport re usually enough, and just the most recent I-94. If you held F-1 status, you would need to show your I-20s, visa and proof that you maintained a full courseload as required by the I-20.
Thank You for the detailed answer.
My question was not related to any RFE in specific. But in a general way, what would be the procedure to obtain the past copies of I-94's.
As per your answer, it should not matter, If I have the copies or not. It would be good, if we have it. Otherwise there are alternative ways to answer the RFE.
In any event, proving that you maintained status does not require showing all old I-94s. You need to show that you were approved for or admitted in a certain status, and that you stayed in that status until it was changed or extended. Approval notices, visas, and maybe entry stamps from your passport re usually enough, and just the most recent I-94. If you held F-1 status, you would need to show your I-20s, visa and proof that you maintained a full courseload as required by the I-20.
Thank You for the detailed answer.
My question was not related to any RFE in specific. But in a general way, what would be the procedure to obtain the past copies of I-94's.
As per your answer, it should not matter, If I have the copies or not. It would be good, if we have it. Otherwise there are alternative ways to answer the RFE.
HawaldarNaik
02-10 10:03 PM
As they say in India 'Ganga Nahaya'....u have bathed in the Ganges.....enjoy your freedom....you are out of the cell....we wait for our turn to be set free............
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