purplehazea
06-01 12:10 PM
Hi All,
I am starting this thread to discuss updates for those who have been waiting for a visa number and whose other processing is complete.
For starters, how soon can we start making an inquiry of status since our Priority date is current now?
Thank you.
I am starting this thread to discuss updates for those who have been waiting for a visa number and whose other processing is complete.
For starters, how soon can we start making an inquiry of status since our Priority date is current now?
Thank you.
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iwantmygcnow
11-05 04:23 PM
Thanks for the information.
Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.
Did you use your own attorney?
--Kiran
Unfortunately my EB2 I140 does not have the EB3 priority date assigned as my attorney did not seek that when applying. Now He is trying to get the EB2 I140 amended with the EB3 priority date. TSC keep rejecting it without giving any reason.
Did you use your own attorney?
--Kiran
retrohatao
07-17 04:08 PM
Thanks to all.
modvik,
Search in immigrationportal for "POJ" trick to know how to talk to a real person. Please do not over do it.
modvik,
Search in immigrationportal for "POJ" trick to know how to talk to a real person. Please do not over do it.
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wandmaker
02-24 12:22 AM
Case reopened or reconsidered based on USCIS determination, and the case is now pendiDid anyone see this kind of status on their approved H1b application?
Please share your views.
The approved H1B case status will change to this status only when (1) the employer requests to withdraw/cancel the H1B petition or (2) USCIS reopened the case due to fraud or misrepresentation. In your case, your employer must have notifed USCIS.
Please share your views.
The approved H1B case status will change to this status only when (1) the employer requests to withdraw/cancel the H1B petition or (2) USCIS reopened the case due to fraud or misrepresentation. In your case, your employer must have notifed USCIS.
more...
jvordar
04-07 07:40 PM
thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?
mmk123
04-18 08:04 PM
we filed online I539 for extension of status and sent documents today. Should be all set even if opening air-space takes few more days. It's simple for this kind of a case..
thanks!
thanks!
more...
gcgreen
07-22 02:31 AM
Quoting the AC21 memo:
"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."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed 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.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
"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."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed 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.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
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aardee
09-07 01:53 PM
Just consulted a lawyer and he gave me following solution:
2 applications (1) F1 visa application; (2) I-212 Waiver.
I was asked specific question thru which I got trapped . He gave me 2 options either accept that I worked and not be banned from US , or argue and be banned for 10 years . I was not given many choices . When asked forcefully I simply accepted .
Contacted murthy and rajiv kanna but they declined . Is there any lawyer who handles student deportation cases . Please advise .
2 applications (1) F1 visa application; (2) I-212 Waiver.
I was asked specific question thru which I got trapped . He gave me 2 options either accept that I worked and not be banned from US , or argue and be banned for 10 years . I was not given many choices . When asked forcefully I simply accepted .
Contacted murthy and rajiv kanna but they declined . Is there any lawyer who handles student deportation cases . Please advise .
more...
ajay
03-10 03:31 PM
Friends,
Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:
Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
Please mail any of your queries to our customer support team at
Also the remittance options menu has disappeared.
I am also facing the same issue and when I open up the page same message pops up. I don't know if it is something to do with VA state. Have been using Click2Remit(Kotak) and Remit2India for the time being.
Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:
Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
Please mail any of your queries to our customer support team at
Also the remittance options menu has disappeared.
I am also facing the same issue and when I open up the page same message pops up. I don't know if it is something to do with VA state. Have been using Click2Remit(Kotak) and Remit2India for the time being.
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validIV
03-09 06:27 PM
Real estate investment right now is very good. Buy some foreclosures cheap (under 50k) then rent. Use the equity to buy more houses. Daisy chain rinse and repeat. Within a year especially with this economy you will be living the American Dream.
more...
vamsi_poondla
02-04 05:05 PM
I guess you should be good with your AP . But also there was a thread about one of the IV'ians AP experience at SFO. Please read that so can understand what AP is for and when it can be used as per the IO at SFO airport
If a DUI can cause automatic rejection of I-485, will this be OK at the Port Of Entry? The answer is obvious. Should do as advised by the attorney not as experienced by others on a forum.
If a DUI can cause automatic rejection of I-485, will this be OK at the Port Of Entry? The answer is obvious. Should do as advised by the attorney not as experienced by others on a forum.
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HRPRO
02-03 01:44 PM
where can we get the SOC codes?
Thanks
SHL
On the BLS website
Thanks
SHL
On the BLS website
more...
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Libra
08-29 02:05 PM
If you are before july fiasco and after july fiasco filer
and resides in MN/WI/IL/OH/PA/IN
http://immigrationvoice.org/forum/showthread.php?t=12599&page=3
or resides in MA/VT/ME/RI/NH/CT
http://immigrationvoice.org/forum/showthread.php?t=12628
or resides in NC/SC/GA/ FL
http://immigrationvoice.org/forum/showthread.php?t=12632
or resides in tri-state
http://immigrationvoice.org/forum/showthread.php?t=12567
and resides in MN/WI/IL/OH/PA/IN
http://immigrationvoice.org/forum/showthread.php?t=12599&page=3
or resides in MA/VT/ME/RI/NH/CT
http://immigrationvoice.org/forum/showthread.php?t=12628
or resides in NC/SC/GA/ FL
http://immigrationvoice.org/forum/showthread.php?t=12632
or resides in tri-state
http://immigrationvoice.org/forum/showthread.php?t=12567
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TexDBoy
09-10 11:44 AM
If you sure that they might lay you off, then better to transfer H1B right now ... You can decide to join that different company later.
It is much easier to transfer H1B based on pending I-140. It becomes difficult to transfer once the employer revokes the I-140.
The best scenario is to ask to your employer not to revoke I-140 and hope that you do not get any RFEs.
I also heard that your H1B validity is valid until the time they gave you (although recent AC21 doc says a bit different) and you can do transfers and apply for new PERM during that period. Since you have sufficient time to apply for Labor ... I guess should be fine ...
It is much easier to transfer H1B based on pending I-140. It becomes difficult to transfer once the employer revokes the I-140.
The best scenario is to ask to your employer not to revoke I-140 and hope that you do not get any RFEs.
I also heard that your H1B validity is valid until the time they gave you (although recent AC21 doc says a bit different) and you can do transfers and apply for new PERM during that period. Since you have sufficient time to apply for Labor ... I guess should be fine ...
more...
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n4nature
02-05 11:59 AM
Hello,
I graduated with a MS degree and I had 4 years of experience (on H1B) as a Test Engineer. I changed the job to a Software Engineer after 4 years. I am now applying for my labor certification for EB2 category. Do I have to apply as MS + 4 years of experience as a Test Engineer position only? (Since my past experience is as a Test Engineer?) OR Can I apply MS + 0 years of experience as a Software Engineer?
Or is there any other combination, that would help approve labor in EB2?
I am aware about the "MS degree requirement" in the position requirements for the case to qualify in the EB2 category and the employer is willing to do that.
Thanks in advance for all your insights.
I graduated with a MS degree and I had 4 years of experience (on H1B) as a Test Engineer. I changed the job to a Software Engineer after 4 years. I am now applying for my labor certification for EB2 category. Do I have to apply as MS + 4 years of experience as a Test Engineer position only? (Since my past experience is as a Test Engineer?) OR Can I apply MS + 0 years of experience as a Software Engineer?
Or is there any other combination, that would help approve labor in EB2?
I am aware about the "MS degree requirement" in the position requirements for the case to qualify in the EB2 category and the employer is willing to do that.
Thanks in advance for all your insights.
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humdesi
11-06 11:09 AM
So barring a once in 5 year trip/mail to consulate, there are no issues with PIO.
There is an issue. You have to make a trip to the local police station every six months to register your child. If you're lucky, the officials will be polite and helpful and do this without fuss. But knowing India very well, they're more likely to create a fuss till you've bribed them. Also, now they know where your child lives and the fact that he/she is a US citizen. Who knows, what kind of people they will pass on this information to...
Conspiracy theories aside, the whole procedure reeks of the way sex offenders have to register with the police in the US - I just don't like it.
There is an issue. You have to make a trip to the local police station every six months to register your child. If you're lucky, the officials will be polite and helpful and do this without fuss. But knowing India very well, they're more likely to create a fuss till you've bribed them. Also, now they know where your child lives and the fact that he/she is a US citizen. Who knows, what kind of people they will pass on this information to...
Conspiracy theories aside, the whole procedure reeks of the way sex offenders have to register with the police in the US - I just don't like it.
more...
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divs09
06-19 12:55 AM
Hello All,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
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lvaka
05-21 11:20 AM
Hi All,
While filling the EFile EAD, I am not really sure what should be filled under the Last question.. "Please provide information concerning your eligibility status"
I would appreciate if any of you who got their EAD through EFile answer this question.
Thanks
While filling the EFile EAD, I am not really sure what should be filled under the Last question.. "Please provide information concerning your eligibility status"
I would appreciate if any of you who got their EAD through EFile answer this question.
Thanks
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senk1s
10-26 09:41 AM
if you have time (like vacation, travel out of US ...) available "recapture" them
You probably would have started work in Oct
And you cannot extended H1 beyond 6 yrs because your labor PD is less than a year
You probably would have started work in Oct
And you cannot extended H1 beyond 6 yrs because your labor PD is less than a year
rennieallen
09-27 01:28 AM
EB-3 ROW = EB-3 Rest of World then there's EB-3 Mainland China, EB-3 Mexico, EB-3 India and EB-3 Philippines. Please correct me if I'm wrong. :D
Actually, I don't think there really is a ROW is there? Isn't it just that 193 country columns isn't practical.
Actually, I don't think there really is a ROW is there? Isn't it just that 193 country columns isn't practical.
apb
08-08 01:23 PM
Does arrest for driving with suspended license (License suspended for non payment of ticket) come under traffic violation? Any insight would be much appreciated.
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