pappu
05-31 08:27 AM
How can we reach the rest of ~496,000 skilled immigrants who are waiting for their green cards? where are they??
http://immigrationvoice.org/forum/showthread.php?t=694&page=3
has some ideas all members can implement
http://immigrationvoice.org/forum/showthread.php?t=694&page=3
has some ideas all members can implement
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boreal
09-22 03:59 PM
Hi PCS,
I would appreciate if you confirm if the notarized experience letter is accepted as substitute for the original experience letter. I am planning use a preapproved labor but the job requirement for that labor requires some specific skills. My old employer would not give me the letter. So can I ask my colleague to send me a notarized experience letter ?
Thanks,
pcbadgujar
Oh God!! People can and will do anything to abuse Labor Substibution.
I would appreciate if you confirm if the notarized experience letter is accepted as substitute for the original experience letter. I am planning use a preapproved labor but the job requirement for that labor requires some specific skills. My old employer would not give me the letter. So can I ask my colleague to send me a notarized experience letter ?
Thanks,
pcbadgujar
Oh God!! People can and will do anything to abuse Labor Substibution.
nk2006
07-04 04:00 PM
Another possible example here: I heard a case where one labor led to TWO green cards. My understanding this is not possible and might have happened because of the rush USCIS was approving cases.
A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.
Who knows how many more irregularities happened there during last two weeks.
A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.
Who knows how many more irregularities happened there during last two weeks.
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ski_dude12
10-08 11:40 PM
I remember the anticipation among IV members before the monthly bulletin came out. As many EB2 folks have got GC looks like the craze has died down. Very few replies to the visa bulletin thread.
I wish everyone gets their GC's sooner than later.
I wish everyone gets their GC's sooner than later.
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JunRN
08-21 10:14 PM
It's not cheating. The August 16 date is the Processing Up-date, not the posting date.
sudiptasarkar
11-06 08:38 AM
Hi,
How much time did they give you for responding to the RFE?
Also any one has a sample of the affidavit?
Thanks
How much time did they give you for responding to the RFE?
Also any one has a sample of the affidavit?
Thanks
more...
chapper
07-23 06:59 PM
Others can correct me, if I'm interpreting it wrong. A try...
An individual is eligible for AC21 only if he/she has approved I-140 but is not granted GC because of per country cap.
It means that when a petitioner applies for H1B extension - they (beneficiary and petitioner) must at the time of filing H1B establish/prove that the alien is not eligible for GC at the time of filing of H1B due to per country visa cap (not many visas available for the country the individual belongs or is claiming GC under).
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
An individual is eligible for AC21 only if he/she has approved I-140 but is not granted GC because of per country cap.
It means that when a petitioner applies for H1B extension - they (beneficiary and petitioner) must at the time of filing H1B establish/prove that the alien is not eligible for GC at the time of filing of H1B due to per country visa cap (not many visas available for the country the individual belongs or is claiming GC under).
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
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venkat1247
10-29 03:26 PM
hi i got the some question how to open NRI acc
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gimme_GC2006
08-10 09:01 AM
It takes about 1 to 2 weeks for the information from FBI to be tied to your case. So when your SR was raised, the inormation might not have been available yet.
So, if you do not get greened by end of this month, raise another SR request or take an Infopass.
Are you sure that it takes about 1 or 2 weeks? I have seen in this forum people getting approved few days after finger prints?
Just trying to understand, if it is a fact or gut feel
So, if you do not get greened by end of this month, raise another SR request or take an Infopass.
Are you sure that it takes about 1 or 2 weeks? I have seen in this forum people getting approved few days after finger prints?
Just trying to understand, if it is a fact or gut feel
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sounakc
05-12 01:04 PM
Dear All,
Can you please give me the most recent list of vaccinations and tests required for filing I-485. My dates are current and I want to file for my wife.
Cheers
sounak
Can you please give me the most recent list of vaccinations and tests required for filing I-485. My dates are current and I want to file for my wife.
Cheers
sounak
more...
mrane1
07-18 04:19 PM
ok- so , I am guessing the consensus is go with the earlier PD (+ EB3).
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
Absolutely earlier PD. Because the numbers will get retrogressed to 02/03 level in october and will move slowly for a long time. So the earlier PD will be better! Also, forget SKIL bill thats not happening for a very long time!
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
Absolutely earlier PD. Because the numbers will get retrogressed to 02/03 level in october and will move slowly for a long time. So the earlier PD will be better! Also, forget SKIL bill thats not happening for a very long time!
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raysaikat
07-12 02:47 PM
Hello All,
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008? If so, do I need any paystubs from company X. What can be the start date on the offer letter from company X.
Please help. Your guidance is truly appreciated.
Regards
Swetha.
I believe that the I-94 attached to your I-797 (H1-B approval notice) will terminate your F1 status (OPT). In that case, from Oct 1, 2008, you must have an H1-B (or other work visa) to work for a company. Simply ask company Y to file for H1-B and attach your I-797 that you got from company X with it as a proof that you have been counted towards the quota.
The paystubs are needed as a proof of continuing employment in H1-B (i.e., proof of valid H1-B status). Since you have not yet started your H1-B, that is not required.
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008? If so, do I need any paystubs from company X. What can be the start date on the offer letter from company X.
Please help. Your guidance is truly appreciated.
Regards
Swetha.
I believe that the I-94 attached to your I-797 (H1-B approval notice) will terminate your F1 status (OPT). In that case, from Oct 1, 2008, you must have an H1-B (or other work visa) to work for a company. Simply ask company Y to file for H1-B and attach your I-797 that you got from company X with it as a proof that you have been counted towards the quota.
The paystubs are needed as a proof of continuing employment in H1-B (i.e., proof of valid H1-B status). Since you have not yet started your H1-B, that is not required.
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lonedesi
01-28 09:15 PM
Great- It sounds like at least one person joined.....Any more takers of this pledge?>
Snowcatcher- Do you have any other friends other than bhaskar who you can convince to make a recurring contribution to IV?
Let's do this one member at a time......
Viva,
I have setup a recurring contribution from my checking account and IV will receive $20/month starting this month until we acheive our goal.
Thanks
Snowcatcher- Do you have any other friends other than bhaskar who you can convince to make a recurring contribution to IV?
Let's do this one member at a time......
Viva,
I have setup a recurring contribution from my checking account and IV will receive $20/month starting this month until we acheive our goal.
Thanks
tattoo 1970 Pontiac GTO quot;The Humblerquot;
poorslumdog
10-12 12:40 PM
Thanks for the good words. My patience is wearing thin as this has been going on for since the start of the year and I have seen PERM applications filed later than mine getting approved. My concern has to do more with the employer keeping me in the dark about the outcome and at the time H1 expires just lets me GO citing rejection or audit!! You can call me paranoid as the filing hasnt materialized and me in the 7th year just adds to the distress.
Just get the receipt number from your employer and check the status yourself.
Just get the receipt number from your employer and check the status yourself.
more...
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sagar_nyc
04-02 05:17 PM
yes , I 140 they will ask details about employer only
Hi Chapsi29,
Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.
RK
Hi Chapsi29,
Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.
RK
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krishmunn
09-17 12:08 PM
I had applied for an extension for my parents, just a month before their I-94 was about to end. According to the law (as per my attorney, forums, Internet), they could stay here legally until a decision is made, which may be past the I-94 expiration.
So, in your case, if the decision is Positive, then they can stay until the new I-94 date that USCIS gives them. However, if the decision is Negative, then they have 30 days from the date of the decision to leave the country without being deported.
Hope this helps...
If the extension is denied the person falls out of status immediately and the visa get voided.
Check this from Murthy Chat (answered by Attorney Murthy) --
MurthyDotCom : MurthyChat - Search Transcripts (http://www.murthy.com/chatdb.asp?sFor=extension&Category=visitusa&B1=Search)
Question: Our B-2 extension was denied and the denial letter was received after I-94 departure date. We have a 10-year multiple-entry visitors" visa. Should we apply for the visa again?
Answer: The B-2 visa stamp would remain valid if one departed prior to the receipt of the denial. If the person remained in the U.S., awaiting the decision, then s/he is out of status and unlawfully present as of the date of the extension denial. This would void the individual"s multiple-entry B-2 visitor"s visa in the passport, and require a new visa application at the U.S. consulate abroad in the person"s home country for the next trip to the U.S. This is under section 222(g) of the Immigration and Nationality Act. If there was a timely departure prior to the decision, the individual attempting to return to the U.S. later, and wishing to use that B-2 stamp, needs to show maintenance of valid B-2 status in the U.S. and proof of departure before the denial decision by the USCIS, by submitting a copy of the airline ticket, boarding card, and other details at the time of all future entries into the U.S. in such a situation.Mar-15-2010.
So, in your case, if the decision is Positive, then they can stay until the new I-94 date that USCIS gives them. However, if the decision is Negative, then they have 30 days from the date of the decision to leave the country without being deported.
Hope this helps...
If the extension is denied the person falls out of status immediately and the visa get voided.
Check this from Murthy Chat (answered by Attorney Murthy) --
MurthyDotCom : MurthyChat - Search Transcripts (http://www.murthy.com/chatdb.asp?sFor=extension&Category=visitusa&B1=Search)
Question: Our B-2 extension was denied and the denial letter was received after I-94 departure date. We have a 10-year multiple-entry visitors" visa. Should we apply for the visa again?
Answer: The B-2 visa stamp would remain valid if one departed prior to the receipt of the denial. If the person remained in the U.S., awaiting the decision, then s/he is out of status and unlawfully present as of the date of the extension denial. This would void the individual"s multiple-entry B-2 visitor"s visa in the passport, and require a new visa application at the U.S. consulate abroad in the person"s home country for the next trip to the U.S. This is under section 222(g) of the Immigration and Nationality Act. If there was a timely departure prior to the decision, the individual attempting to return to the U.S. later, and wishing to use that B-2 stamp, needs to show maintenance of valid B-2 status in the U.S. and proof of departure before the denial decision by the USCIS, by submitting a copy of the airline ticket, boarding card, and other details at the time of all future entries into the U.S. in such a situation.Mar-15-2010.
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$eeGrEeN
08-02 01:28 PM
>>>>>>>>>>>>>>> USPS Issued MO's <<<<<<<<<<<<<<<<<
The way you track money orders is , after 30 days from the date u gave them out , pull out the Money Order Sequence "Number" at the bottom of the top slip that you have. Give that in along with $5 to your local post office. they would track it for you and give a report.
CAREFUL though. USPS , when it goes to track the MO, if it has not been cashed, they will give back the value on that MO (say the face value of the MO is $500 , if un-cashed , they give u $500 ). So, the person intended to cash it cannot.
If cashed they give you the person's ID who cashed it.
So, wait for a while before you invoke the process.
The way you track money orders is , after 30 days from the date u gave them out , pull out the Money Order Sequence "Number" at the bottom of the top slip that you have. Give that in along with $5 to your local post office. they would track it for you and give a report.
CAREFUL though. USPS , when it goes to track the MO, if it has not been cashed, they will give back the value on that MO (say the face value of the MO is $500 , if un-cashed , they give u $500 ). So, the person intended to cash it cannot.
If cashed they give you the person's ID who cashed it.
So, wait for a while before you invoke the process.
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yibornindia
11-19 06:02 PM
Co-sufferers,
Due to our enemy#1 - Mr.Retrogression :eek: and the current state of economy, so many of us have used or will be using (willingly or not) AC-21 provision soon. I am wondering if you have seen cases denied solely due to AC-21?
There are other threads for wrong denials due to employer invoking an approved I-140 after 180 days of filling 485. However this is to discuss the ultimate outcome of the case, as the above CIS mistake can be revoked using an MTR. What could be the other reasons? Historically? Statistics?
I have personally met some people who used AC-21 and all of them have their 485 approved.:rolleyes: So please share more details if you have gone through this pain, or know someone. Knowing what went wrong can help all of us others to watch out for such mistakes.:confused:
Thanks all for sharing.:)
Due to our enemy#1 - Mr.Retrogression :eek: and the current state of economy, so many of us have used or will be using (willingly or not) AC-21 provision soon. I am wondering if you have seen cases denied solely due to AC-21?
There are other threads for wrong denials due to employer invoking an approved I-140 after 180 days of filling 485. However this is to discuss the ultimate outcome of the case, as the above CIS mistake can be revoked using an MTR. What could be the other reasons? Historically? Statistics?
I have personally met some people who used AC-21 and all of them have their 485 approved.:rolleyes: So please share more details if you have gone through this pain, or know someone. Knowing what went wrong can help all of us others to watch out for such mistakes.:confused:
Thanks all for sharing.:)
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Administrator2
07-07 08:05 PM
mbawa,
We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.
IV Team
We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.
IV Team
mallickarjunreddy
07-05 04:43 PM
labor Substitution ....Heloooo!!!!
Hey its give and take rite , if he bought the labor and or abused the system
it was there to be abused , i know gaziiilllion other people who bought labor and now have GC so dont go after this guy if u want go after the ones who provide such kinda services viz a viz desi employers who by the way are laughing all the way to the bank
Hey its give and take rite , if he bought the labor and or abused the system
it was there to be abused , i know gaziiilllion other people who bought labor and now have GC so dont go after this guy if u want go after the ones who provide such kinda services viz a viz desi employers who by the way are laughing all the way to the bank
gc_on_demand
01-05 12:44 PM
seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough
there were 400k application pending for AOS as of last year. 50% Eb3 would make them 200k..
can anyone know how much of 200k ported to Eb2 ? if no is above 50k then its an issue. under less than 50k will justify by slow economy and new labor rule ( no more Eb2 for Software Engineer ).
there were 400k application pending for AOS as of last year. 50% Eb3 would make them 200k..
can anyone know how much of 200k ported to Eb2 ? if no is above 50k then its an issue. under less than 50k will justify by slow economy and new labor rule ( no more Eb2 for Software Engineer ).
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