ArkBird
12-12 04:22 PM
Yes. If the company financials are problem, you may have the same problem with EB3. I suggest, get paid consultation from some reputed lawyers.
Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.
I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.
Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.
I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.
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snathan
05-11 06:10 PM
Hi,
I have attended for H1b renual in toronto on the 2nd of May. The VO decided to do some additional review on the application. He took the Cleint letter, vendor letter and I129. Still havent heard anything from the consulate.
I am not sure if I should stay in Toronto or travel to India. I have taken only single entry visa to canada.
So, do you know if there is a canadian consulate in Hyderabad. If there is one, how much time do they take to issue a visitor visa.
Also, most importantly, how much time does it take for the 221g processing.
I would really appreciate if someone could share their knowledge.
Thanks
Where are you staying in Toronto. If you are staying with any relatives...you should try to stay there until you get the papers back from the VO.
I have attended for H1b renual in toronto on the 2nd of May. The VO decided to do some additional review on the application. He took the Cleint letter, vendor letter and I129. Still havent heard anything from the consulate.
I am not sure if I should stay in Toronto or travel to India. I have taken only single entry visa to canada.
So, do you know if there is a canadian consulate in Hyderabad. If there is one, how much time do they take to issue a visitor visa.
Also, most importantly, how much time does it take for the 221g processing.
I would really appreciate if someone could share their knowledge.
Thanks
Where are you staying in Toronto. If you are staying with any relatives...you should try to stay there until you get the papers back from the VO.
newyorker123
09-02 08:03 AM
lj_rr,
you dont need any special form to make FOIA request to DOL.
"The Department of Labor does not require a special form in order to make a FOIA request. Requests must be in writing, either handwritten or typed. Requests may be submitted by fax, courier services, mail, or to foiarequest@dol.gov. Although, as discussed immediately below, certain information may be required from a requester. "
U.S. Department of Labor -- Freedom of Information Act Guide (http://www.dol.gov/dol/foia/guide6.htm#how)
I wanted both Approval notice and Application(ETA-750), please tell me how to make this request?
you dont need any special form to make FOIA request to DOL.
"The Department of Labor does not require a special form in order to make a FOIA request. Requests must be in writing, either handwritten or typed. Requests may be submitted by fax, courier services, mail, or to foiarequest@dol.gov. Although, as discussed immediately below, certain information may be required from a requester. "
U.S. Department of Labor -- Freedom of Information Act Guide (http://www.dol.gov/dol/foia/guide6.htm#how)
I wanted both Approval notice and Application(ETA-750), please tell me how to make this request?
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rskanth
08-08 06:19 PM
And you know this how?:confused:
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capriol
07-06 11:54 AM
Dear Friends:
I am not sure why nobody is answering to my questions on their AP travel experiences. Please reply, I am almost freaking out not know what sorts of obstacles I might face at Delhi and Amsterdam without a H1B stamped visa. My queries are as below:
I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.[/QUOTE][/QUOTE]
I am not sure why nobody is answering to my questions on their AP travel experiences. Please reply, I am almost freaking out not know what sorts of obstacles I might face at Delhi and Amsterdam without a H1B stamped visa. My queries are as below:
I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.[/QUOTE][/QUOTE]
leslie535
02-27 11:43 AM
Hi all
I am a green card holder. I received my green card through an application filed by a former employer, and received it in September 2004. I got married in Arpil 2006, my wife is from my home country, she had been in the US previously on an F-1 status which has since ran out. She became pregnant soon after we were married. She came up to the US last September on a B visa. She was given 6 months stay on her I-94; and had the baby here in January of 2007. Her expiration date on the I-94 is in 3 weeks and she is going to leave (with the baby) to maintain good status standing.
I filed for her (I-130) last July. Our plan at this time is for her to go to grad school, apply for a new F-1 to come back here. We are presently waiting for a decsion on the grad school application from the school she applied to.
I hope this isnt too confusing, but can anyone offer any suggestions or help with our situation? In terms of what options are out there for my wife to be here with me if things dont work out with grad school/ F-1 visa? As I mentioned I did file for her, but as I am not a citizen it will take longer. Also our newborn baby is a US citizen as she was born here.
Thank you!!
I am a green card holder. I received my green card through an application filed by a former employer, and received it in September 2004. I got married in Arpil 2006, my wife is from my home country, she had been in the US previously on an F-1 status which has since ran out. She became pregnant soon after we were married. She came up to the US last September on a B visa. She was given 6 months stay on her I-94; and had the baby here in January of 2007. Her expiration date on the I-94 is in 3 weeks and she is going to leave (with the baby) to maintain good status standing.
I filed for her (I-130) last July. Our plan at this time is for her to go to grad school, apply for a new F-1 to come back here. We are presently waiting for a decsion on the grad school application from the school she applied to.
I hope this isnt too confusing, but can anyone offer any suggestions or help with our situation? In terms of what options are out there for my wife to be here with me if things dont work out with grad school/ F-1 visa? As I mentioned I did file for her, but as I am not a citizen it will take longer. Also our newborn baby is a US citizen as she was born here.
Thank you!!
more...
canleo98
08-09 02:40 PM
My PD was not current in June07, company attorney applied for 3 year extension along with approved I-140. Receipt Date for H1B extension application was June 14th 2007 and H1B was approved on July27th 2007 for one year only. As per FAQ# 2(Q 17), I was eligible for 3 year extension, Can we ask for ammendment in H1B extension. If yes, what is the process for requesting ammendment and what document do we need to file. Any idea how much time it is going to take, is it going to take same time as H1B extension timeline. All your views and answers are welcome.
Here it is
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
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.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
Here it is
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
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.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
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wleebrown
November 14th, 2007, 01:32 PM
I used to reformat my CF card when I put it in the camera. But I started getting card read errors from Lightroom, when in fact the files were readable. This may have been strictly a Mac issue, but once I stopped reformatting the card each time the errors stopped occuring.
Just my $0.02 worth on formatting.
Blessings,
Lee
Just my $0.02 worth on formatting.
Blessings,
Lee
more...
rvurady14
02-11 01:40 PM
My I 140 got approved in 2006. And my lawyer got approval notice. He also gave me copy of it. I just registered my I 140 case number on USCIS site. I was stunned to find out the status that
Current Status: Notice Returned as Undeliverable.
On September 19, 2006, the post office returned the notice we last sent you on this case I140 IMMIGRANT PETITION FOR ALIEN WORKER as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent.
I immediately contacted my lawyer. He said that Since He have original approved copy of I140 , I should not worry about it.
I tried even contacting IO. But IO told me that regarding I140 only employer or attorney can call to discuss further. She didn't give me any answers.
Gurus what you think?
Sagar,
I have the same issue and mine got approved on Sep 10. I contacted my attorney and he told me the same answer as your Lawyer.
Did you use AC21 or still with the same Employer?
I am planning to use AC21 but because of this issue I'm kind of hesitate to do so.
Current Status: Notice Returned as Undeliverable.
On September 19, 2006, the post office returned the notice we last sent you on this case I140 IMMIGRANT PETITION FOR ALIEN WORKER as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent.
I immediately contacted my lawyer. He said that Since He have original approved copy of I140 , I should not worry about it.
I tried even contacting IO. But IO told me that regarding I140 only employer or attorney can call to discuss further. She didn't give me any answers.
Gurus what you think?
Sagar,
I have the same issue and mine got approved on Sep 10. I contacted my attorney and he told me the same answer as your Lawyer.
Did you use AC21 or still with the same Employer?
I am planning to use AC21 but because of this issue I'm kind of hesitate to do so.
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ssnd03
03-04 04:59 PM
What about the thousands who lost 2-4 years because they were stuck in namecheck, now the name check is cleared but the dates will not move..frigging idiots..too little too late
Before giving the blue/green/red dots, think about this. they created a traffic jam and now they are suddenly releasing it. There were about 150-300k stuck in name check, now all of them are waiting for their PD to be current. (i am one of them too). Think how this will affect the overall queue.
Priority dates were current before early 2005 due to FBI namecheck delays and other processing delays. Hence, EB visa numbers were always underused (and lost). If these processing delays were not so much back then, retrogression would have happened earlier, because there is always more demand than supply for EB visa numbers.
Retrogression can only be resolved by increasing visa numbers and/or recapture of lost visa numbers. Retrogression has nothing to do with FBI namecheck delays. In fact FBI namecheck delays masked the retrogression for one or two years.
We should be happy that namecheck delays are over for now and will restore some degree of FIFO.
Before giving the blue/green/red dots, think about this. they created a traffic jam and now they are suddenly releasing it. There were about 150-300k stuck in name check, now all of them are waiting for their PD to be current. (i am one of them too). Think how this will affect the overall queue.
Priority dates were current before early 2005 due to FBI namecheck delays and other processing delays. Hence, EB visa numbers were always underused (and lost). If these processing delays were not so much back then, retrogression would have happened earlier, because there is always more demand than supply for EB visa numbers.
Retrogression can only be resolved by increasing visa numbers and/or recapture of lost visa numbers. Retrogression has nothing to do with FBI namecheck delays. In fact FBI namecheck delays masked the retrogression for one or two years.
We should be happy that namecheck delays are over for now and will restore some degree of FIFO.
more...
gc_chahiye
12-10 12:40 PM
Please look at the below links, it says that one can move jobs after 180 days even without 140 being approved.
http://www.murthy.com/news/n_yatmay.html
Any comments / suggestions ?
To be safe, either your I-140 needs to be approvable right off the bat (as filed) or your employer needs to co-operate with responding to RFE etc...
Safer to wait for approval...
http://www.murthy.com/news/n_yatmay.html
Any comments / suggestions ?
To be safe, either your I-140 needs to be approvable right off the bat (as filed) or your employer needs to co-operate with responding to RFE etc...
Safer to wait for approval...
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dealsnet
09-08 12:12 PM
Collect from whom?
You are not giving any credit card info.
Did they collect from India?
I don't think India will have that facility.
Could be collect call. I would not trust this.
You are not giving any credit card info.
Did they collect from India?
I don't think India will have that facility.
Could be collect call. I would not trust this.
more...
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bkarnik
05-18 09:24 PM
Alabaman,
We have repeatedly stressed the fact that our members are from all over the place. That we represent not only our members but the over 500,000 EB applicants from all over the world who are stuck in the process. On the other hand we cannot always control the spin that individual news organizations choose -- this CNN-IBN covers Indian issues and chose to characterize us that way.
There were Chinese members who attended our DC event, but this reporter didn't film them! Sucks.
See what I said earlier many times, including here:
http://immigrationvoice.org/forum/showpost.php?p=9897&postcount=55
BEE: If I am not mistaken, there is a brief clip showing the chinese members.
We have repeatedly stressed the fact that our members are from all over the place. That we represent not only our members but the over 500,000 EB applicants from all over the world who are stuck in the process. On the other hand we cannot always control the spin that individual news organizations choose -- this CNN-IBN covers Indian issues and chose to characterize us that way.
There were Chinese members who attended our DC event, but this reporter didn't film them! Sucks.
See what I said earlier many times, including here:
http://immigrationvoice.org/forum/showpost.php?p=9897&postcount=55
BEE: If I am not mistaken, there is a brief clip showing the chinese members.
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redcard
04-02 10:01 AM
Hmm really? I thought that is not possible anymore. Can you give me the details or refer me to a website that has them? Thank you!
Get married to your partner.. its legal in states like CT, MA. Not sure if USCIS will consider it legal.
Get married to your partner.. its legal in states like CT, MA. Not sure if USCIS will consider it legal.
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dixie
08-21 08:49 PM
1. To be fair to all, Ask all h1b's to gain 2 - 3 years of US experience, before filing for GC. (2 years of Paystub at the minumum and or tax returns).
What sort of "fairness" do you hope to achieve by delaying new GC applicants ? Given the current pace of visa number availability, it is going to be 2015 or so before a 2006 PD for EB-3 becomes current and USCIS gets to it. Does that not already take care of "fairness" with respect to older applicants ?
For a new GC applicant who is looking at another 8-9 years wait to file 485 (I am one of them and there are plenty on this forum) it is more important than ever to lock a PD asap. Even assuming it is in larger interest of all of us, how will you educate an average lawmaker of all these intricacies ? We are having a tough time as it is distinguishing ourselves from the illegals.
What sort of "fairness" do you hope to achieve by delaying new GC applicants ? Given the current pace of visa number availability, it is going to be 2015 or so before a 2006 PD for EB-3 becomes current and USCIS gets to it. Does that not already take care of "fairness" with respect to older applicants ?
For a new GC applicant who is looking at another 8-9 years wait to file 485 (I am one of them and there are plenty on this forum) it is more important than ever to lock a PD asap. Even assuming it is in larger interest of all of us, how will you educate an average lawmaker of all these intricacies ? We are having a tough time as it is distinguishing ourselves from the illegals.
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anu_t
07-16 02:46 PM
I haved studied a lot on this topic. I'm no expert, But I think it is not possible.
You have to apply for new labour for new position. I know , it is unfortunate but what can one do..........
(I was myself in the simillar situation. And when I talked with my lawyer this is what he told me. New Job with new duties- new labour.)
You have to apply for new labour for new position. I know , it is unfortunate but what can one do..........
(I was myself in the simillar situation. And when I talked with my lawyer this is what he told me. New Job with new duties- new labour.)
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Ramba
03-26 12:16 PM
no, it is not the same position. the two positins have 2 different classifications and requirements. the first position (I have LC certified for) is a financial analyst which requires a bachelor degree. the second position is a senior financial analyst (for which LC was denied) which requires a masters degree and it is supervisory position. I asked my employer to request masters + 2 years experience for the senior position but lawyer said that my experience was acquired while working for the employer (while I was working as a financial analyst) so that experience can not count toward the senior position. this was a genuine promotion and not just to apply for EB2.
any feedback is appreciated.
May be those are two different position. But both are same occupational classification as per SOC/ONET. The employer can not request BS and MS for same occupational class. Conventionaly, the senior/supervisor level will be achived by experience in the occupation not by education.
any feedback is appreciated.
May be those are two different position. But both are same occupational classification as per SOC/ONET. The employer can not request BS and MS for same occupational class. Conventionaly, the senior/supervisor level will be achived by experience in the occupation not by education.
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harrydr
05-05 09:22 PM
Just a follow up question:
Now that i have my I-140 approved for over an year now and never filed for 485, does the similar/same job/field apply in case of a job change or can i have a new job responsibility with a new employer and then port my PD based upon the approved 1-140 from previous employer?
Now that i have my I-140 approved for over an year now and never filed for 485, does the similar/same job/field apply in case of a job change or can i have a new job responsibility with a new employer and then port my PD based upon the approved 1-140 from previous employer?
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sgupta33
03-20 03:56 PM
bump
optimystic
04-06 11:41 PM
there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.
I can't say how much weight this statment holds...
I mean, there are ongoing discussions in other posts about some employers reluctant to accept EAD holders (willing to use AC21) since they may have to do some amount of 'sponsorship' for such people and suggestions that these people claim that they don't need any 'sponsorship' theoretically from the employers ...they can file EAD extensions themselves.....
In light of that it seems as if once you invoke AC21 you can choose to support your I-485 status & EAD, attorneys etc completely yourself, and thus the concept of 'sposoring employer' totally vanishes.
Its possible that USCIS can still hold you to the (diluted)intent of "continuing to work in the same job role as originally claimed in I-140/I-485" for a general period of time after getting GC, but not necessarily stick with the same current employer. The AC21 invokers already cut themselves off from the original sponsor....doesn't make much sense to force them to stick to current employer, who may or may not have sponsored anything at all towards the employee's GC.
So AC21 invokers get a degree of freedom ( --can't tell what level of freedom though, with the impending restrictions possibly in future in AC21 -- ) regarding showing the *original intent* after getting GC.
And since people stuck with same original sponsoring employer and get GC while still with them, can not invoke AC21 after getting GC to port their "original intent", it seems they would continue to be stuck with the same employer for 6-12 more months (unless fired/laid off of course, in which case one becomes a free bird :) )
[Not sure if I put my line of thiking properly in the above paragraphs...if you get confused, please ignore the post :) . It would definitely have been worse, if I tried to speak , rather that write this :D )
I can't say how much weight this statment holds...
I mean, there are ongoing discussions in other posts about some employers reluctant to accept EAD holders (willing to use AC21) since they may have to do some amount of 'sponsorship' for such people and suggestions that these people claim that they don't need any 'sponsorship' theoretically from the employers ...they can file EAD extensions themselves.....
In light of that it seems as if once you invoke AC21 you can choose to support your I-485 status & EAD, attorneys etc completely yourself, and thus the concept of 'sposoring employer' totally vanishes.
Its possible that USCIS can still hold you to the (diluted)intent of "continuing to work in the same job role as originally claimed in I-140/I-485" for a general period of time after getting GC, but not necessarily stick with the same current employer. The AC21 invokers already cut themselves off from the original sponsor....doesn't make much sense to force them to stick to current employer, who may or may not have sponsored anything at all towards the employee's GC.
So AC21 invokers get a degree of freedom ( --can't tell what level of freedom though, with the impending restrictions possibly in future in AC21 -- ) regarding showing the *original intent* after getting GC.
And since people stuck with same original sponsoring employer and get GC while still with them, can not invoke AC21 after getting GC to port their "original intent", it seems they would continue to be stuck with the same employer for 6-12 more months (unless fired/laid off of course, in which case one becomes a free bird :) )
[Not sure if I put my line of thiking properly in the above paragraphs...if you get confused, please ignore the post :) . It would definitely have been worse, if I tried to speak , rather that write this :D )
ras
01-18 02:48 PM
Why not other chapter follow this kind of a small event to bump up the letter numbers???
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