Sooner2
03-13 11:44 AM
I am from MA and was able to remit using their service earlier, but it has been temporarily disabled for now.
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ArkBird
10-28 02:05 AM
If it is EB2, forget about it. EB2 and 3 yr degree is big No No. If it is EB3 (seems unlikely as you filed in 04/2007 and EB3 was not current) consult good lawyer and file MTR.
HTH
- Pre-approved labor dated 03/2004
- Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
- RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
- 2nd RFE on 140 after 30 days - Education mismatch - Again responded
- There was no response even after 60 days, so we called and created a service request.
- Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch
The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.
Please advice what are options available for me.
HTH
- Pre-approved labor dated 03/2004
- Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
- RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
- 2nd RFE on 140 after 30 days - Education mismatch - Again responded
- There was no response even after 60 days, so we called and created a service request.
- Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch
The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.
Please advice what are options available for me.
GCVoice
12-20 11:46 AM
Yes. she has a valid H4 Visa stamping till Jan 10. and she is landing in Dec last week.
Thanks in advance
Thanks in advance
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lazycis
01-10 08:26 AM
EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
The bad part of it in your case is that NC is still pending.
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
"As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year � over a 44 percent increase in the number of cases pending more than 33 months."
So nobody can tell you, when and why, even the USCIS itself. It could be 6-12 months, it could be 2-10 years. I had to take USCIS/FBI to court to help them resolve my NC after waiting about 3 years.
http://en.wikibooks.org/wiki/FBI_name_check
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
The bad part of it in your case is that NC is still pending.
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
"As of May 2007, USCIS reported a staggering 329,160 FBI name check cases pending, with approximately 64 percent (211,341) of those cases pending more than 90 days and approximately 32 percent (106,738) pending more than one year. While the percentages of long-pending cases compared to last year are similar, the absolute numbers have increased. There are now 93,358 more cases pending the name check than last year. Perhaps most disturbing, there are 31,144 FBI name check cases pending more than 33 months as compared to 21,570 last year � over a 44 percent increase in the number of cases pending more than 33 months."
So nobody can tell you, when and why, even the USCIS itself. It could be 6-12 months, it could be 2-10 years. I had to take USCIS/FBI to court to help them resolve my NC after waiting about 3 years.
http://en.wikibooks.org/wiki/FBI_name_check
more...
desi3933
06-24 12:13 PM
..........
My questions are:
1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
2. Will her EAD still be valid if I leave my job ?
2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?
Thanks a lot for your time and attention,
1. No Impact. Since you have been working for GC employer for a while, you can use green card to work for any employer, study, or not to work at all.
2. Her EAD is based on her I-485 application. Her EAD will be valid.
3. See #2.
Good Luck.
__________________
Not a legal advice.
My questions are:
1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
2. Will her EAD still be valid if I leave my job ?
2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?
Thanks a lot for your time and attention,
1. No Impact. Since you have been working for GC employer for a while, you can use green card to work for any employer, study, or not to work at all.
2. Her EAD is based on her I-485 application. Her EAD will be valid.
3. See #2.
Good Luck.
__________________
Not a legal advice.
jonty_11
01-02 01:49 PM
Thanks for the info but my question is about multiple I-485 filing...
Is is legally possible to do that ? If one could do that, will it create I-485 processing complicated ?
Thanks
GC application is for future employmnet - so u can theoritically not join ur employer until ur GC is completely through. But how many employers will be willing to take that risk , esp. mom-pop shop Consultancy firms.
Is is legally possible to do that ? If one could do that, will it create I-485 processing complicated ?
Thanks
GC application is for future employmnet - so u can theoritically not join ur employer until ur GC is completely through. But how many employers will be willing to take that risk , esp. mom-pop shop Consultancy firms.
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gc_check
07-02 12:04 PM
This is ridiculous. Lots of stress for most guys and even bad for members you had their vacation cut short and returned to US for applying AOS. At least I know one friend who had his family return from India. Only thing is we all have the required documents ready to go and the medical is valid for a year, and if and (IF) the date�s moves forward in October, we can still use the same.
Anyway, we got to deal with this and use this opportunity to educate people on this and may be we need to start a fax campaign and send to congress and the government agencies and emphasize on the necessity to recapture the unused visa from past and find a way to be able to apply for I-485 while the visa numbers are not available, which could be the only option that would alleviate many issues for the members stuck in retrogression. This is not happend with any intervention from Congress, which requires lots of lobbying and money.
Hope we at IV can do something and get some assit from competeamerica, etc... to do something about this.
Anyway, we got to deal with this and use this opportunity to educate people on this and may be we need to start a fax campaign and send to congress and the government agencies and emphasize on the necessity to recapture the unused visa from past and find a way to be able to apply for I-485 while the visa numbers are not available, which could be the only option that would alleviate many issues for the members stuck in retrogression. This is not happend with any intervention from Congress, which requires lots of lobbying and money.
Hope we at IV can do something and get some assit from competeamerica, etc... to do something about this.
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jeda
10-26 06:36 PM
Thanks everybody for the responses.
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buddyinsd
01-04 12:46 PM
LOL--- Proposing a new name for this website: IndianImmigrationVoice.org which would be more appropriate as 99% of ppl posting on this website talks about US immigration only from an Indian point of view --- LOL
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Legal
08-03 12:23 PM
Sounds like a good idea.
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WillIWin?
01-04 09:16 AM
This is possible. The gist of the rule is:
Once a I140 has been approved, the PD belongs to the applicant. The only situation when this will not work is if the Labor OR I-140 have been obtained by fraud. This means that even if the company revokes the I-140, the PD stays with you (the applicant).
You will have to first get an I-140 approved with the older priority date (EB3). Once this is done, apply for the second I-140 (EB2) along with documents proving your earlier PD (EB3 labor+ I-140). If all the documents are in order, then the new EB2 I-140 will be approved with the older PD.
Since you are working for the same company, this will be relatively easy since they have all the paperwork. Getting the company to file two I-140s is another matter :)
Once a I140 has been approved, the PD belongs to the applicant. The only situation when this will not work is if the Labor OR I-140 have been obtained by fraud. This means that even if the company revokes the I-140, the PD stays with you (the applicant).
You will have to first get an I-140 approved with the older priority date (EB3). Once this is done, apply for the second I-140 (EB2) along with documents proving your earlier PD (EB3 labor+ I-140). If all the documents are in order, then the new EB2 I-140 will be approved with the older PD.
Since you are working for the same company, this will be relatively easy since they have all the paperwork. Getting the company to file two I-140s is another matter :)
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lazycis
01-15 11:04 AM
See also
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
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abhijitp
08-02 05:30 PM
Greg has picked this from ..
http://www.bibdaily.com/pdfs/Jan%20Pederson%208-2-07.pdf
and except for India everyother country looks good per this prediction.. I dont understand why this partisan attitude..
Although I don't want to spend any more time thinking about this so called "prediction", it is not because I am from India that I am calling this bad news. For any category if dates retrogressed to how things were before the June 07 visa bulletin, it is not good news to me.
http://www.bibdaily.com/pdfs/Jan%20Pederson%208-2-07.pdf
and except for India everyother country looks good per this prediction.. I dont understand why this partisan attitude..
Although I don't want to spend any more time thinking about this so called "prediction", it is not because I am from India that I am calling this bad news. For any category if dates retrogressed to how things were before the June 07 visa bulletin, it is not good news to me.
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acecupid
06-12 03:58 PM
This is terrible news !:eek:
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chetanjumani
03-14 02:35 PM
And with a new USCIS leader, it might get his attention, when he/she is trying to learn about what all needs to be taken care of.
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ckichannagari
11-09 04:40 PM
from Texas
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sdudeja
11-20 12:56 PM
Hi
Teacher H1 is same as any other H1. There are consultancies hiring teachers. You can join based on your qualifications and experience. You get a 3 year certification based on your evaluation of credentials. I mentioned a company GTRR. You can contact them. Their site is gtrr.net. My cell number is 404-704-2455.
All the best
Teacher H1 is same as any other H1. There are consultancies hiring teachers. You can join based on your qualifications and experience. You get a 3 year certification based on your evaluation of credentials. I mentioned a company GTRR. You can contact them. Their site is gtrr.net. My cell number is 404-704-2455.
All the best
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itstimenow
08-08 01:50 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.
Arrest is arrest.. doesn't matter.. you can still confirm with immigration lawyer.. but showing all evidences and proof of expungement.. u shud be fine. is it a misdemeanor??????
Arrest is arrest.. doesn't matter.. you can still confirm with immigration lawyer.. but showing all evidences and proof of expungement.. u shud be fine. is it a misdemeanor??????
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skark
08-31 08:35 AM
I need some references of good consulting companies that have direct vending relationships with big companies. I will be looking out for contracting jobs since my current contract will come to an end soon and dont want to be on bench.
eager_immi
06-20 07:39 PM
My Lawyer put the A# from the EAD used during OPT. She put OPT in brackets and mentioned to me that USCIS will change this A#.
xela
11-19 06:27 PM
No I am not Indian, but that still makes me a H1B and greencard aplicant. So please, Antis might dislike us but that does not make them racist and hatefull against only Indians, you are not the only ones in the boat...dont make Indians the only important people here.
Plus a lot of the antis are probably people who lost a job and are finding someone to point the finger at, not right, but understandable.
I have Amercian friends who went from a good middleclass family to now being on foodstamps and not knowing how to feed their kids the next day, they dont hate me but they are upset and frustrated and scared...
Fear drives people to find a black sheep but let us not jump in there too and start hating...
Sorry but I read many many messages on forums before I finally loose my patience with the Indians only messages...lets try to not segregate but work together.:mad:
Plus a lot of the antis are probably people who lost a job and are finding someone to point the finger at, not right, but understandable.
I have Amercian friends who went from a good middleclass family to now being on foodstamps and not knowing how to feed their kids the next day, they dont hate me but they are upset and frustrated and scared...
Fear drives people to find a black sheep but let us not jump in there too and start hating...
Sorry but I read many many messages on forums before I finally loose my patience with the Indians only messages...lets try to not segregate but work together.:mad:
