bsbawa10
08-23 12:25 PM
I never had any RFE, but my case has been bounced around for no reason. From TSC->CSC->TSC and I am told that it is not even pre-adjudicated not even assigned to any officer as yet. I have yet to see any more illogical organization other than USCIS. :mad:
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pbuckeye
07-01 11:21 AM
In this admin fix initiative we are working on other possible good provisions that are possible.
Is the following (or can it be) a part of the Admin Fix Initiative? :-
Allow I-485 filing and/or obtaining EAD,AP benefits when I-140 is approved irrespective of priority date being current. This will help many of us who missed the July 07 boat.
Is the following (or can it be) a part of the Admin Fix Initiative? :-
Allow I-485 filing and/or obtaining EAD,AP benefits when I-140 is approved irrespective of priority date being current. This will help many of us who missed the July 07 boat.
freedom_fighter
06-29 05:37 PM
Only portion which makes sense in your post is your user name "Freedom_fighter" :D
i guess someone with your great sense can solve the misery from the nonsense of USCIS. I'd not mind if you can accomplish anything to help the cause.
i guess someone with your great sense can solve the misery from the nonsense of USCIS. I'd not mind if you can accomplish anything to help the cause.
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AuntyDan
10-17 07:55 PM
Spouse working - Yes, in theory they could allow H4 to work. However would that be any job? If so then the H4 would actually be far better off than the H-1B who is restricted by job category and employer qualification
Long term - Yes, in theory, a 20 year H-1B takes some of the stress off. But what of Citizenship? If you stay 20 years you'd want to at least have the option of becoming a US citizen. At present I believe only a GC holder has the option to progress to citizenship.
Employer based - This is the key. Unless an H-1B is no longer employer sponsored but self-sposored then the H-1B holder is still living on a knife-edge and can be sent back home at any moment if their employer fires them or goes under and they cannot secure another similar job quickly enough.
So yes, they could make H-1B 20 years, allow spouse to work, allow application for citizenship and make it self-sponsored and not employer dependant. But why do that? They already have this kind of Visa. It's called a Green Card.
Long term - Yes, in theory, a 20 year H-1B takes some of the stress off. But what of Citizenship? If you stay 20 years you'd want to at least have the option of becoming a US citizen. At present I believe only a GC holder has the option to progress to citizenship.
Employer based - This is the key. Unless an H-1B is no longer employer sponsored but self-sposored then the H-1B holder is still living on a knife-edge and can be sent back home at any moment if their employer fires them or goes under and they cannot secure another similar job quickly enough.
So yes, they could make H-1B 20 years, allow spouse to work, allow application for citizenship and make it self-sponsored and not employer dependant. But why do that? They already have this kind of Visa. It's called a Green Card.
more...
jkays94
10-03 01:32 PM
I am very depressed! my lawyer who is doing my I-485 has advised that if she was to be concerned with her representing me, she would advise against me starting the company. basically, she said, USCIS can read this as an intent to leave the permanent employer for self employment. my business plan was to be in non-IT business. she said that if i am making enough money in the business, it will be hard to prove that i intend to continue in the job while having this business on the side...
well! best of luck to you guys! go on sharing your stories.
Although USCIS guidances are not binding, you might want to pay attention to the below (was not able to upload the attachment, you might want to google for it)
To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: Michael Aytes
Acting Director of Domestic Operations
Date: December 27, 2005
Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
2000 (AC21) (Public Law 106-313)
Question 7. Should service centers or district offices request proof of �ability to pay� from
successor employers in I-140 portability cases, in other words, from the new
company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
new employer and the job offer through an RFE to the adjustment applicant for relevant information
about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
well! best of luck to you guys! go on sharing your stories.
Although USCIS guidances are not binding, you might want to pay attention to the below (was not able to upload the attachment, you might want to google for it)
To: REGIONAL DIRECTORS
SERVICE CENTER DIRECTORS
From: Michael Aytes
Acting Director of Domestic Operations
Date: December 27, 2005
Re: Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and
H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of
2000 (AC21) (Public Law 106-313)
Question 7. Should service centers or district offices request proof of �ability to pay� from
successor employers in I-140 portability cases, in other words, from the new
company/employer to which someone has ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational
classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a
new employer and the job offer through an RFE to the adjustment applicant for relevant information
about these issues. In an adjustment setting, public charge is also a relevant inquiry.
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
joydiptac
02-11 04:51 PM
Please note that the Form I140 is no longer valid for porting purpose under section 106� of AC21 if the I140 was revoked due to the fact that you did not meet the minimum requirements for the labor certificate at the time of filing. Due to the fact that beneficiary of the For I140 was found to be �unqualified� at the time of filing you are not eligible for relied under section 106� of AC21.
**
Is there a possibility that your previous company revoked the I140 saying that they wrongly filed your 140 and that you were not qualified based upon the labor certificate? I hope 180 days had passed after 140 approval. A little more detail on the case will be appreciated. Was it a case of substituted labor?
First try to figure out what the previous company has done.
Get the help of your attorney ASAP. Figure out if there is a way to undo the damage.
I am not very sure of the details, a person I used to know was forced to join his previous company because they threatened him in similar lines.
& please do keep us informed along the way. We may be able to be of assistance to you in some way or the other. Local IV chapters have access to local Congressmen etc.
If nothing works go kick the ass of the person who is responsible for your predicament. Interpret kick ass to more severe alternatives. Some companies are anyway taking advantage of people stuck in GC queue. On top of that if they harm us they need to pay a heavy price.
All the best!
**
Is there a possibility that your previous company revoked the I140 saying that they wrongly filed your 140 and that you were not qualified based upon the labor certificate? I hope 180 days had passed after 140 approval. A little more detail on the case will be appreciated. Was it a case of substituted labor?
First try to figure out what the previous company has done.
Get the help of your attorney ASAP. Figure out if there is a way to undo the damage.
I am not very sure of the details, a person I used to know was forced to join his previous company because they threatened him in similar lines.
& please do keep us informed along the way. We may be able to be of assistance to you in some way or the other. Local IV chapters have access to local Congressmen etc.
If nothing works go kick the ass of the person who is responsible for your predicament. Interpret kick ass to more severe alternatives. Some companies are anyway taking advantage of people stuck in GC queue. On top of that if they harm us they need to pay a heavy price.
All the best!
more...
nshantha
07-19 09:54 AM
My application was also received by NSC on Jul 2nd at 7:55 AM
My details are:
EB3/Jun 2004
Reciept Not received
My details are:
EB3/Jun 2004
Reciept Not received
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nogc_noproblem
10-23 09:41 PM
Congratulations!!! Enjoy the Green.
USCIS rocks :), no one can predict anything from them.
Looks like very interesting days are ahead�
USCIS rocks :), no one can predict anything from them.
Looks like very interesting days are ahead�
more...
BharatPremi
09-13 12:59 PM
When does the new fiscal year start?
I would use "Visa Year" but not "Fiscal Year" for Visa related matter.
I would use "Visa Year" but not "Fiscal Year" for Visa related matter.
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24fps
02-15 08:04 PM
No, it wasn't. The 1999 quota was exhausted in April 1999. Granted this is better than the situation today, but not by much as the quota was larger that year and the economy was smaller.
http://www.murthy.com/arc_news/a_h1quot.html
well i meant pre y2k , april 2009 was the year that indians were bought in for y2k
i have a friend who got an h1b approved in 97 in the last week of aug
They said the results are statistically significant, which means that you can extrapolate to draw conclusions about the entire H1 population.
well i dont know if they actually said that or its your own conclusions but eitherways i do know that most of the peepz working with bodyshoppers have souped resume's or have some shit going on .
when my bro got here to do his masters in 2005 , the masters quota was availble till about july
in about 2 years it became a lottery without the number of student intake doubling/trembling up to make it one
they were body-shoppers running multiple petitions on students through a well run fraud circuit which artificially created a shortage
Not really. They used one example of someone working in a gas station for shock effect. The main complaint from the anti-immigrant side about the report was not that the 20% rate was understated, but that the rate would have been higher if it had included anyone paying a Level 1 wage as well.
again i dont know if thats what the anti-immi's complain about or if thats your own conclusion but the fact is that they're racist and will always have something to cloak around and raise as an issue
but the fact of the matter is that when any fraud is unearthed with connections to the highly skilled worker , the whole "Brand equity" gets badly tarnished , it not only gives the Anti -Immi's more fuel but also sways public opinion in all quadrants
you cant separate the Anti-immi jingoism and the fraud committed through those Desi bodyshoppers ,
http://www.murthy.com/arc_news/a_h1quot.html
well i meant pre y2k , april 2009 was the year that indians were bought in for y2k
i have a friend who got an h1b approved in 97 in the last week of aug
They said the results are statistically significant, which means that you can extrapolate to draw conclusions about the entire H1 population.
well i dont know if they actually said that or its your own conclusions but eitherways i do know that most of the peepz working with bodyshoppers have souped resume's or have some shit going on .
when my bro got here to do his masters in 2005 , the masters quota was availble till about july
in about 2 years it became a lottery without the number of student intake doubling/trembling up to make it one
they were body-shoppers running multiple petitions on students through a well run fraud circuit which artificially created a shortage
Not really. They used one example of someone working in a gas station for shock effect. The main complaint from the anti-immigrant side about the report was not that the 20% rate was understated, but that the rate would have been higher if it had included anyone paying a Level 1 wage as well.
again i dont know if thats what the anti-immi's complain about or if thats your own conclusion but the fact is that they're racist and will always have something to cloak around and raise as an issue
but the fact of the matter is that when any fraud is unearthed with connections to the highly skilled worker , the whole "Brand equity" gets badly tarnished , it not only gives the Anti -Immi's more fuel but also sways public opinion in all quadrants
you cant separate the Anti-immi jingoism and the fraud committed through those Desi bodyshoppers ,
more...
gcisadawg
02-23 11:13 PM
my dear.. pretentious pseudo middle class desi...
i know ppl like you...
you wear an armani to office but still carrying curd rice and pickel for lunch...
you rejoice the success of slumDOG..with your liberal friends...with a martini glass filled with water..in hand..because ur amma told u not to drink alcohaal..;)
according to u ...we are losers because we dont like being called a DOG in 21st century...
if you want to wag ur skinny brown ass ..eveytime SlumDOG is uttered..thats ur problem..
does that mean one can't wear armani and carry curd rice and chicken curry? Try it, you wont be sorry! :cool:
i know ppl like you...
you wear an armani to office but still carrying curd rice and pickel for lunch...
you rejoice the success of slumDOG..with your liberal friends...with a martini glass filled with water..in hand..because ur amma told u not to drink alcohaal..;)
according to u ...we are losers because we dont like being called a DOG in 21st century...
if you want to wag ur skinny brown ass ..eveytime SlumDOG is uttered..thats ur problem..
does that mean one can't wear armani and carry curd rice and chicken curry? Try it, you wont be sorry! :cool:
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nk2006
11-08 06:57 AM
Democrat majority in House; and evenly split Senate (2 seats are still at stake which will decide who is in control; democrats seems to have majority in both of them). Wow this is good and hopefully great for us.
More than winning control, the list of people who lost (or almost lost) in senate/house shows that majority of Americans are not as against on immigration issues as some media people project very often. Of course the main issues of this election are different; but some of the lost candidates made a big issue out of immigration and hoped that would get them elected. Well�they are wrong.
I was just listening to NPR about a discussion on Bush and how he/his administration would deal with these election reversals. One of the analysts was pointing out that this is in some way good for him and that he can push some of his measures more comfortably, the first one he mentioned is guest worker / CIR. The logic is, since majority of democrats are in favor of that measure and even the new senate will be comfortably in favor; he can push for the guest worker program. In fact this measure might be used to make friends with both houses and to divert some extended attention to war. I liked his analysis and hope that it will come true :) .
As logiclife pointed above, CIR may be too controversial even with democrat leading house. They have a different set of agenda and might push the immigration issues to the back burner. Lets hope that some less controversial bill like SKIL will be taken up soon.
One question for the experts: CIR was passed in the old senate but was not reconciled with house. Can this bill be taken up again or is it already considered dead. My understanding is the bill has to be discussed / voted again in both senate and house (assuming majority leader set this on agenda). Is that true? Instead can the house majority leader now decide to reconcile with CIR already passed in senate.
More than winning control, the list of people who lost (or almost lost) in senate/house shows that majority of Americans are not as against on immigration issues as some media people project very often. Of course the main issues of this election are different; but some of the lost candidates made a big issue out of immigration and hoped that would get them elected. Well�they are wrong.
I was just listening to NPR about a discussion on Bush and how he/his administration would deal with these election reversals. One of the analysts was pointing out that this is in some way good for him and that he can push some of his measures more comfortably, the first one he mentioned is guest worker / CIR. The logic is, since majority of democrats are in favor of that measure and even the new senate will be comfortably in favor; he can push for the guest worker program. In fact this measure might be used to make friends with both houses and to divert some extended attention to war. I liked his analysis and hope that it will come true :) .
As logiclife pointed above, CIR may be too controversial even with democrat leading house. They have a different set of agenda and might push the immigration issues to the back burner. Lets hope that some less controversial bill like SKIL will be taken up soon.
One question for the experts: CIR was passed in the old senate but was not reconciled with house. Can this bill be taken up again or is it already considered dead. My understanding is the bill has to be discussed / voted again in both senate and house (assuming majority leader set this on agenda). Is that true? Instead can the house majority leader now decide to reconcile with CIR already passed in senate.
more...
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casinoroyale
07-01 05:45 PM
1) what is the best way to attach photos when sending supporting docs so that they won't get lost or mis-placed. What goodies are avaialble in Staples for this?
2) As part of AP e-file process, is it possible to do all the work on a machine which does not have printer and later retrieve the confirmation notice and print it?
2) As part of AP e-file process, is it possible to do all the work on a machine which does not have printer and later retrieve the confirmation notice and print it?
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gcseeker2002
12-11 01:09 PM
Maybe you should request to send an e-mail on place. This is what we did.
Send email to who ? Can you pls describe in detail what email they need to send and what reason they need to put in. My local office always says NSC is processing July cases so you should have it soon, but that "soon" has never happened. It is 160+ days since I applied.
Send email to who ? Can you pls describe in detail what email they need to send and what reason they need to put in. My local office always says NSC is processing July cases so you should have it soon, but that "soon" has never happened. It is 160+ days since I applied.
more...
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geesee
07-16 11:18 AM
I never said whole life,term could cost around $100/m
You did, scroll above a little ;)
one of my family member have whole life for $81/month for $1m at the age of 28 in NJ, in this plan we will get back everything we paid after 30 years.
Thats an ROP plan... yes, that you can get it for $100/month.
I am questioning your statement of "getting 1 million insurance for $100/month till the last breath"
You did, scroll above a little ;)
one of my family member have whole life for $81/month for $1m at the age of 28 in NJ, in this plan we will get back everything we paid after 30 years.
Thats an ROP plan... yes, that you can get it for $100/month.
I am questioning your statement of "getting 1 million insurance for $100/month till the last breath"
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memyselfandus
08-27 07:52 AM
The best thing about PA is through online.
Visit the below link
http://www.dmv.state.pa.us/driverLicensePhotoIDCenter/renewNonCommercials.shtml
and click on renew online. Here you have to enter your details and pay through credit card. You will receive the confirmation letter (DL60A/DL60R) through regular mail with in 10 days. Take the letter and go to the DMV for photograph.
The photograph folks don't ask any immigration documents, just the SSN original card. That's it.
I'm in the same boat. PA DoT wants to see visa stamp on the passport.. applied for 1st 3 year extn at VSC on 7/10, will up it to PP this week... anyone in PA got their DL renewed using RN... please specify how and where??
Visit the below link
http://www.dmv.state.pa.us/driverLicensePhotoIDCenter/renewNonCommercials.shtml
and click on renew online. Here you have to enter your details and pay through credit card. You will receive the confirmation letter (DL60A/DL60R) through regular mail with in 10 days. Take the letter and go to the DMV for photograph.
The photograph folks don't ask any immigration documents, just the SSN original card. That's it.
I'm in the same boat. PA DoT wants to see visa stamp on the passport.. applied for 1st 3 year extn at VSC on 7/10, will up it to PP this week... anyone in PA got their DL renewed using RN... please specify how and where??
more...
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485_spouse
03-13 01:31 PM
added a small contributioin of $100.
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red200
02-05 11:52 PM
Sorry to hear about it.
Was there a RFE about any thing ?
Was there a RFE about any thing ?
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GC_Optimist
08-31 08:13 AM
Is it possible to get Drivers license extended based on 485 receipts and EAD card. ?
unitednations
08-16 01:36 PM
I personally think that 6 month rule-of-thumb is nonsense.
AC21 clearly states you can switch employers 6 months after your green card application has been pending. On what legal basis could USCIS then come back and deny citizenship to anyone for switching employers too soon after getting their green card?
I'd really be interested to hear if someone has specific knowledge of a case where someone had their citizenship denied due to switching companies too soon after getting their green card.
I'm just curious as to how many postings you see on these boards where a persons case has been denied; DOL/USCIS has visited their home; their visa got cancelled by consultate when h-4 went for stamping; got caught in interview lying; DOL investigating companies, etc...
People do not post these types of issues on immigration forums.
AC21 clearly states you can switch employers 6 months after your green card application has been pending. On what legal basis could USCIS then come back and deny citizenship to anyone for switching employers too soon after getting their green card?
I'd really be interested to hear if someone has specific knowledge of a case where someone had their citizenship denied due to switching companies too soon after getting their green card.
I'm just curious as to how many postings you see on these boards where a persons case has been denied; DOL/USCIS has visited their home; their visa got cancelled by consultate when h-4 went for stamping; got caught in interview lying; DOL investigating companies, etc...
People do not post these types of issues on immigration forums.
LostInGCProcess
09-05 04:06 PM
This is what written in I-131 Instructions
http://www.uscis.gov/files/form/I-131instr.pdf -> page 3
If you are in the United States and seek advance parole:
A. You may apply if you have an adjustment- of- status application pending and you seek to travel abroad for emergent personal or bona fide business reasons; :mad:
we can come up with many excuses that would easily fall under "emergent personal or bona fide business reasons" category.
I thought we must get ready with some reasons, when using AP to re-enter US. I have come up with some of my own that I may use:
1) Grandpa or Grandma is sick (most common reason, perhaps no body uses it as a reason anymore)(bona fide personal reason)
2) Land dispute (bona fide business reason)
3) Parents home need urgent repair (bona fide business reason)
4) Water shortage problem (bona fide business reason)
http://www.uscis.gov/files/form/I-131instr.pdf -> page 3
If you are in the United States and seek advance parole:
A. You may apply if you have an adjustment- of- status application pending and you seek to travel abroad for emergent personal or bona fide business reasons; :mad:
we can come up with many excuses that would easily fall under "emergent personal or bona fide business reasons" category.
I thought we must get ready with some reasons, when using AP to re-enter US. I have come up with some of my own that I may use:
1) Grandpa or Grandma is sick (most common reason, perhaps no body uses it as a reason anymore)(bona fide personal reason)
2) Land dispute (bona fide business reason)
3) Parents home need urgent repair (bona fide business reason)
4) Water shortage problem (bona fide business reason)
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