hebron
06-22 02:01 PM
Hey, thanks for the feedback and clarifications. Good to know that my EB2 will not affect the existing EB3. Yeah, I agree things are kind of grey when it comes to using the on-the-job work experience. I guess it depends on individual circumstances and there is no certainity about what will apply where.
It would be really nice if the USCIS publishes some clear written material on these rules and regulations, like a FAQs that answers the most nagging questions someone has about Employment Based immigration. Does something like that exist? Does anyone know?
Thanks
HI latbsol, Just curious, did you file EB2 with the same employer?
It would be really nice if the USCIS publishes some clear written material on these rules and regulations, like a FAQs that answers the most nagging questions someone has about Employment Based immigration. Does something like that exist? Does anyone know?
Thanks
HI latbsol, Just curious, did you file EB2 with the same employer?
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kum31
10-01 09:53 PM
hi ,
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
Prashanthi
10-20 04:54 PM
Try to file for a change of status from H-1 to H-4, include the hospital records and letter from the employer that your wife is on maternity leave, see what happens. If that does not work then you can think of leaving for a visa, you will not be barred for 10 years as you have not accrued unlawful presence, this is only accrued if your I-94 expires or the USCIS determines that you are out of status. However, going outside the country is risky as you may not get a visa and may get stuck outside the country. I would try to do the COS first.
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Steven-T
February 12th, 2004, 09:55 AM
Am I the only one who thinks it would be sheer genius if Kodak was to license the Canon mount? Imagine if they offered both Nikon and Canon mounts (even better - an interchangeable mount plate so you could have it both ways on one body)!
Surely this is possible. Perhaps Canon is blocking them or it's just not cost-effective?
Don
And Fujifilm too. But I think its a "business decision" somehow, and I don't expect it will happen, when Canon is so dominant, for that market segment concerned. At least not now, not soon. I wish I am wrong.
Steven
Surely this is possible. Perhaps Canon is blocking them or it's just not cost-effective?
Don
And Fujifilm too. But I think its a "business decision" somehow, and I don't expect it will happen, when Canon is so dominant, for that market segment concerned. At least not now, not soon. I wish I am wrong.
Steven
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Administrator2
03-25 10:32 AM
Hi antony,
Sorry to hear that. Could you please email us (info@immigrationvoice.org) a number to reach you.
Is there something that another member on the forum can do to help antony?
Thank you for speaking up for yourself and the community.
I was offered a job by a top TARP funded bank and got my offer also around Jan end. Then they found out that TARP funded company cannot hire H1's. They kept me as a contractor for 3 months so that they could try for a work around. In the mean time they interviewed almost 80 people ( out of numerous applications ) and still couldn't find a better person. Now they are trying to keep as a contractor for indefinite period, but they cant do that as well ( top management not supporting ). I just went and talked to my director. She said " It seems that I have to settle for a less qualified person ".
They have been trying to get me on board for past 6 months. I came as a contractor...they wanted me full time ... didnt have funds...they fought with top management and got the funds....then the H1 ban came...and they fought against it too.
Really sad that I cant join their team.
I am ready to talk to the reporter. But, I would prefer not to use my real name and all those things...I dont want my current employer to know that I was trying for another job.Is there a way that I can help ?
Sorry to hear that. Could you please email us (info@immigrationvoice.org) a number to reach you.
Is there something that another member on the forum can do to help antony?
Thank you for speaking up for yourself and the community.
I was offered a job by a top TARP funded bank and got my offer also around Jan end. Then they found out that TARP funded company cannot hire H1's. They kept me as a contractor for 3 months so that they could try for a work around. In the mean time they interviewed almost 80 people ( out of numerous applications ) and still couldn't find a better person. Now they are trying to keep as a contractor for indefinite period, but they cant do that as well ( top management not supporting ). I just went and talked to my director. She said " It seems that I have to settle for a less qualified person ".
They have been trying to get me on board for past 6 months. I came as a contractor...they wanted me full time ... didnt have funds...they fought with top management and got the funds....then the H1 ban came...and they fought against it too.
Really sad that I cant join their team.
I am ready to talk to the reporter. But, I would prefer not to use my real name and all those things...I dont want my current employer to know that I was trying for another job.Is there a way that I can help ?
aka
05-17 07:09 PM
Guys, I received THE magic email also this week. Card Production ordered on May 14th. HUGE Relief!!!
I just wanted to pass on a few tips. These steps may or not have expedited my processing but the timing sure was suspiciously fortuitous:
a) On May 7th, since the NSC I-485 processing date was more than 30 days past my RD, my lawyer sent an official email to NSC asking them for an update on my application. According to my lawyer, CIS is obligated to reply within 45 days and in most cases instead of them saying that this specific application falls outside their processing dates, they just approve the application. Of course, your case has to be approvable (PD has to be current etc)
b) On May 9th, I set up an Infopass appointment where the IO told me that my case was in transit from a different service center back to NSC! She also told me both our NCs were complete.
c) My lawyer was also getting ready to file another round of EAD/AP applications which, according to her, draws CIS's attention to the fact that this application is ready for processing and falling outside the average time range.
Maybe the combination of inquiry email and Infopass helped moved the case or maybe it did not. Probably does not hurt to try at least once and, of course, you don't want to overdo it and burden the system.
Just my $0.02. Hope it helps. Best of luck with your applications. I learned a ton from these forums and (if nothing else) out of sheer habit, will be coming back all the time. Will try my best to help out IV where I can. Cheers!
I just wanted to pass on a few tips. These steps may or not have expedited my processing but the timing sure was suspiciously fortuitous:
a) On May 7th, since the NSC I-485 processing date was more than 30 days past my RD, my lawyer sent an official email to NSC asking them for an update on my application. According to my lawyer, CIS is obligated to reply within 45 days and in most cases instead of them saying that this specific application falls outside their processing dates, they just approve the application. Of course, your case has to be approvable (PD has to be current etc)
b) On May 9th, I set up an Infopass appointment where the IO told me that my case was in transit from a different service center back to NSC! She also told me both our NCs were complete.
c) My lawyer was also getting ready to file another round of EAD/AP applications which, according to her, draws CIS's attention to the fact that this application is ready for processing and falling outside the average time range.
Maybe the combination of inquiry email and Infopass helped moved the case or maybe it did not. Probably does not hurt to try at least once and, of course, you don't want to overdo it and burden the system.
Just my $0.02. Hope it helps. Best of luck with your applications. I learned a ton from these forums and (if nothing else) out of sheer habit, will be coming back all the time. Will try my best to help out IV where I can. Cheers!
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Kushal
04-24 02:18 PM
Finally, My I-485 got approved.
PD:MARCH2002, EB2, INDIA
RD: MARCH 2007
Thank you All!!
:)
Congrats..
PD:MARCH2002, EB2, INDIA
RD: MARCH 2007
Thank you All!!
:)
Congrats..
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fatjoe
09-05 10:16 AM
Same here. All filed at NSC. Filed for EAD and AP on Aug 10th. Checks got cleared on Aug 24th. But did not get the reciept notice yet. Why is it taking so long a time to get the REceipt notices for EAD/AP, where my checks were cleared a couple of weeks ago.
Filed for 485 on July 18th, checks not cleared yet. Already my LC that was filed in July-2002 was denied due to the careless mistake of the attorney/employer. So, Keeping my fingers crossed.
BTW: Do, you know what # should I dial to contact USCIS to get info on I485/EAD/AP.
Thanks.
Filed for 485 on July 18th, checks not cleared yet. Already my LC that was filed in July-2002 was denied due to the careless mistake of the attorney/employer. So, Keeping my fingers crossed.
BTW: Do, you know what # should I dial to contact USCIS to get info on I485/EAD/AP.
Thanks.
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uslegals
11-04 11:30 AM
Hello - I just recd. the TRANSFER NOTICE for me & my wife's 485 case stating that the case has been transferred to USCIS-NBC, PO Box 648005, Lee's Summit, MO 64064. We had filed for AOS in July 2007 and my priority date for is April 2006 (EB-2).
I would appreciate it if somebody can please shed some light on what this means for us. What are the implications for us.? Will the case be transferred to the local office.? Should i start to gather documents for a interview.
Would appreciate any advice i can get. Thank you!
I would appreciate it if somebody can please shed some light on what this means for us. What are the implications for us.? Will the case be transferred to the local office.? Should i start to gather documents for a interview.
Would appreciate any advice i can get. Thank you!
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H1B-GC
07-13 03:23 PM
The blog is an 'ancient' news in IV.This been discussed and discarded
more...
hopeforgc
06-21 04:58 PM
I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
on that assurance she left for India on September 15 and came back on Dec 28th and
on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.
Does this mean H1 is Invalidated as per Last Actions Count Rule.
She has been working on H1 since then (not regularly though)
and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006
Has any one gone through the same situation.
Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.
One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.
another one says she should file for H4 and quit working.
She is totally clueless please help.
her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
on that assurance she left for India on September 15 and came back on Dec 28th and
on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.
Does this mean H1 is Invalidated as per Last Actions Count Rule.
She has been working on H1 since then (not regularly though)
and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006
Has any one gone through the same situation.
Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.
One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.
another one says she should file for H4 and quit working.
She is totally clueless please help.
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rexjamla
09-10 08:08 AM
Hi Friends,
I filed a complaint with senator Gregg's office(NH) after July Visa bulletin reversal. Senator's office send a query to DOS on my behalf. In mid-August I got a letter from senator's office in which he apologized for incapable to do anything regarding July-Visa_bulletin reversal.
However, I found a letter attached from DOS which states that "Due to significant number of visas returned from USCIS to DOS, DOS reinstate original July-Visa-Bulletin # 107".
I just wanted to sahre this information with you because what USCIS said about this matter is exactly opposite.
Check this link- http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
Thanks!
Rex
I filed a complaint with senator Gregg's office(NH) after July Visa bulletin reversal. Senator's office send a query to DOS on my behalf. In mid-August I got a letter from senator's office in which he apologized for incapable to do anything regarding July-Visa_bulletin reversal.
However, I found a letter attached from DOS which states that "Due to significant number of visas returned from USCIS to DOS, DOS reinstate original July-Visa-Bulletin # 107".
I just wanted to sahre this information with you because what USCIS said about this matter is exactly opposite.
Check this link- http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
Thanks!
Rex
more...
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sparky_jones
10-01 08:22 PM
Yes, being able to produce a complete file with all the paperwork is a pre-requisite for self-represenation. However, if and when you decide to "pull out your G-28", how will you go about making sure that USCIS updates their records to ensure no further correspondence is sent to the attorney? Are you aware of a standard procedure to do that?
Thanks!
I already pllued all of my paperwork from attorney.
You must have at least a copy of all your filing paperwork from Labor Filing till today. This is required when you are filing anything new or responding any RFE, you sould match each and everything on the USCIS records when you are submitting any new paper work as a part of RFE/new application etc.
So, better have a copy of all paprework before..
I dont intend to change my employer/lawyer but just got all original approvals and copy of each and every paperwork from my attorney till date about my GC.. just to be safe..
I can pull out my G28 and be on my own at any time, but still save my ongoing pending petitions..
Thanks!
I already pllued all of my paperwork from attorney.
You must have at least a copy of all your filing paperwork from Labor Filing till today. This is required when you are filing anything new or responding any RFE, you sould match each and everything on the USCIS records when you are submitting any new paper work as a part of RFE/new application etc.
So, better have a copy of all paprework before..
I dont intend to change my employer/lawyer but just got all original approvals and copy of each and every paperwork from my attorney till date about my GC.. just to be safe..
I can pull out my G28 and be on my own at any time, but still save my ongoing pending petitions..
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Jaime
09-12 02:20 PM
Real Life :
A friend of mine who went to India's premier institution - IIT in India and then to IIM worked for one of the fortune 100 companies here in the US.
He got married and decided to move to UK because his equally qualified spouse being on a dependent Visa could not work due to the obsolete rules.
Both husband and wife are well on thier way to permanent residency in UK.
Doubly bad for the United States!!!
A friend of mine who went to India's premier institution - IIT in India and then to IIM worked for one of the fortune 100 companies here in the US.
He got married and decided to move to UK because his equally qualified spouse being on a dependent Visa could not work due to the obsolete rules.
Both husband and wife are well on thier way to permanent residency in UK.
Doubly bad for the United States!!!
more...
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fall1998
05-16 10:12 AM
So, the count of people still waiting is reducing (many users are saying they got approved in last couple of days).
I am getting a feeling that USCIS is really clearing out the backlog this time.
I am getting a feeling that USCIS is really clearing out the backlog this time.
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spulavarthi
08-27 02:55 PM
2 weeks back we rec'd 2 yr EAD renewal expiring August 2010 TSC, current EAD expired 08/20/2008.
EB2 - I
PD : Feb 2006
I-140 approved Nov 2006.
EB2 - I
PD : Feb 2006
I-140 approved Nov 2006.
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buehler
07-18 07:36 AM
We filed I-140 on july 16th thru labour substitution. Expecting a receipt by july ending.Now I have a very serious concern regarding I-485 filing before Aug 17 2007, pls advice !!
My spouse is in india from August 17 2006 after already staying in US on H1B for 6 years.He's planning to come back here on dependant visa(L2) after 1 year out of country stay as he wants to reset his H1B clock (He plans to apply H1B in April 2008 quota).
If we want to apply for I-485 he needs to come here atleast by Aug 10 2007- to fulfill the medicals & sign the documents, to file by Aug 17th 2007 deadline. We are afraid to take chances this time, that if he just enters US before 1 year out of country stay, he may not be eligible for new H1B in 2008, if somthing happens to current filing.
Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?
You do understand that he can only file for his visa in Apr 2008. The visa become valid only in Oct 2008 and he doesn't have to be in this country on the date of filing for H1-B. So why worry about 365 day count?
My spouse is in india from August 17 2006 after already staying in US on H1B for 6 years.He's planning to come back here on dependant visa(L2) after 1 year out of country stay as he wants to reset his H1B clock (He plans to apply H1B in April 2008 quota).
If we want to apply for I-485 he needs to come here atleast by Aug 10 2007- to fulfill the medicals & sign the documents, to file by Aug 17th 2007 deadline. We are afraid to take chances this time, that if he just enters US before 1 year out of country stay, he may not be eligible for new H1B in 2008, if somthing happens to current filing.
Pls sincerely advice if he can still apply for H1B in April 2008, if he just missed 365 days out of country rule by 6 or 7 days (incase he comes back on Aug 10th 2007 for filing, he would fulfill 360 days out of country and not 365 as needed) ?
You do understand that he can only file for his visa in Apr 2008. The visa become valid only in Oct 2008 and he doesn't have to be in this country on the date of filing for H1-B. So why worry about 365 day count?
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perm2gc
04-27 02:25 PM
Hi Gurus
I have applied for H-1 extension using my I-140 and got an RFE asking for the client letter.The querry was replied on time but now the online status shows that the extension was denied and the reason will me mailed.I spoke to my company and they are ready to appeal once they receive the reason for the denial.I was on-job for all the 5 years of my stay in US and working for the same employer and client for the past four and half years.Not sure the reason of denial as of now. Now that my Visa and I-94 expired on March'31 2009 how long can I stay while the appeal is the process and what are the
other options left for me?
Applied for H-1 extenstion Feb'5 2009
RFE Date - Mar' 12 2009
Denial Date - Apr'24 2009
I797 Expiry - March'31 2009
how was the query replied ?
I have applied for H-1 extension using my I-140 and got an RFE asking for the client letter.The querry was replied on time but now the online status shows that the extension was denied and the reason will me mailed.I spoke to my company and they are ready to appeal once they receive the reason for the denial.I was on-job for all the 5 years of my stay in US and working for the same employer and client for the past four and half years.Not sure the reason of denial as of now. Now that my Visa and I-94 expired on March'31 2009 how long can I stay while the appeal is the process and what are the
other options left for me?
Applied for H-1 extenstion Feb'5 2009
RFE Date - Mar' 12 2009
Denial Date - Apr'24 2009
I797 Expiry - March'31 2009
how was the query replied ?
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sachuin23
03-19 02:20 PM
Mine was filed in Jan and still waiting :).....
Berkeleybee
05-25 07:48 PM
As a member of the IV content team (i.e. the team that spotted the problems and did all the delicious analysis so far) I will withold comment and speculation till the whole amended bill comes out.
As your own analysis shows -- the different sections of the bill need to be analyzed together.
Hold on to your horses.
best,
Berkeleybee
As your own analysis shows -- the different sections of the bill need to be analyzed together.
Hold on to your horses.
best,
Berkeleybee
balimysore
08-06 11:29 AM
Hi Guys (and gals)
My application got approved today. The above posts shows what it was showing and everything. Hope you are in the same boat and your get approved as well. Good luck!
Now at least I know that they do process the cases that were transfered. aat0995: Can you please mention your USCIS receive date for I 140.
Mine was received by NSC on Mar 22, 2007 and transfered to TSC on Apr 29 2008. I am on EB3.
My application got approved today. The above posts shows what it was showing and everything. Hope you are in the same boat and your get approved as well. Good luck!
Now at least I know that they do process the cases that were transfered. aat0995: Can you please mention your USCIS receive date for I 140.
Mine was received by NSC on Mar 22, 2007 and transfered to TSC on Apr 29 2008. I am on EB3.
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