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yibornindia
11-25 03:48 PM
any other person who has dealt with or heard of this lawfirm?
I heard good words for this attorney, but I am not his client.
I heard good words for this attorney, but I am not his client.
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perm2gc
09-27 03:03 PM
Atleast now congress should focus on issues that are really important.. Capitol Hill is
laying roads that leads no way..
laying roads that leads no way..
lvinaykumar
07-13 03:20 AM
are you guys still waiting for this
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roseball
04-09 05:25 PM
Thank you axp817 and roseball.
My I 140 got approved just after moving to company B
My old attoney only filed I485 with old labor and I 140.
To summarize your case, you got your LC approved from company A and filed I-140. Then left company A and joined company B. You got your I-140 approved after joining company B so your attorney from company B applied I-485 based on the I-140 approval from company A. Did I get this right?
If so, I hope you are not currently working on EAD. Only way you can save your I-485 petition is if you can get an offer letter from company A stating that you will be re-hired upon GC approval. I hope this is possible and I wish you good luck.
My I 140 got approved just after moving to company B
My old attoney only filed I485 with old labor and I 140.
To summarize your case, you got your LC approved from company A and filed I-140. Then left company A and joined company B. You got your I-140 approved after joining company B so your attorney from company B applied I-485 based on the I-140 approval from company A. Did I get this right?
If so, I hope you are not currently working on EAD. Only way you can save your I-485 petition is if you can get an offer letter from company A stating that you will be re-hired upon GC approval. I hope this is possible and I wish you good luck.
more...
jungalee43
02-26 08:32 PM
I think if Indian external affairs ministry understands that highly skilled Indian born citizens have to wait for 16 to 50 years where as even less skilled candidate gets away with green card in 6 months just because he was NOT born in India; they would at least protest in soft words.
rjgleason
June 10th, 2004, 09:22 PM
It's not the "IMHO" or anything... we certainly all are entitled to opinions - "Canon is better than Nikon" "Nikon is better than Canon" "Contax/Carl Zeiss is better than either" "What are you thinking, Minolta has fine glass too" etc. But it is just the "far superior" thing that got me going, because it simply isn't true, while the other statements certainly do have parts of truth to them. I guess some people do treat camera manufactureres with the same kind of "fanboy-ishness" that geeks do to Intel or AMD. ;)
If you are referring to me, as being one of "some people" treating camera manufacturers etc etc as geeks do with Intel or AMD, I reiterate that this was only my opinion as I have had BOTH mfgrs equipment and IN MY HUMBLE OPINION ........and only mine, and for my reasons, Canon is far superior. (as I indicated about the lenses.......Far more...........meaning more in quantity...........and....Superior.........seems this has been proven, at least from my readings. I did not say far superior lenses.
I'm not going to get into some sort of contest and I am not looking for an argument, nor will I return with derogatory retorts.
Hell, I ought to just delete the thread............I don't enjoy misinterpreations or surmising and that's what seems to be here.
If you are referring to me, as being one of "some people" treating camera manufacturers etc etc as geeks do with Intel or AMD, I reiterate that this was only my opinion as I have had BOTH mfgrs equipment and IN MY HUMBLE OPINION ........and only mine, and for my reasons, Canon is far superior. (as I indicated about the lenses.......Far more...........meaning more in quantity...........and....Superior.........seems this has been proven, at least from my readings. I did not say far superior lenses.
I'm not going to get into some sort of contest and I am not looking for an argument, nor will I return with derogatory retorts.
Hell, I ought to just delete the thread............I don't enjoy misinterpreations or surmising and that's what seems to be here.
more...
snarla
06-25 02:18 PM
MrWaitingGC,
My H1B is valid till April of 2008. When i went for vacation and entered the country in March 2007, the guy at the border patrol did some mistake and put the date on I-94 as 16th sep of 2007 instead of April 2008.
I tried to get it corrected at the local CBP office but could not do it ... So i am planning to make a trip to Canada before my visa stamp expries to get a new I-94 which is valid till April 2008.
But since i have sent my passport for renewal, i am not sure if ic an make the trip bfr my I-94 expires.
And also i am not sure if i can file for extension of my H1B as it is more than 6 months ( it is about 10 months eatly) before the expiration date on my current H1B.
At this point i am helpless with out my passport. I hope i get it soon.
So what i wanted to find out is, is my status still legal after 16th sep 2007 if i file my 485 ...
My H1B is valid till April of 2008. When i went for vacation and entered the country in March 2007, the guy at the border patrol did some mistake and put the date on I-94 as 16th sep of 2007 instead of April 2008.
I tried to get it corrected at the local CBP office but could not do it ... So i am planning to make a trip to Canada before my visa stamp expries to get a new I-94 which is valid till April 2008.
But since i have sent my passport for renewal, i am not sure if ic an make the trip bfr my I-94 expires.
And also i am not sure if i can file for extension of my H1B as it is more than 6 months ( it is about 10 months eatly) before the expiration date on my current H1B.
At this point i am helpless with out my passport. I hope i get it soon.
So what i wanted to find out is, is my status still legal after 16th sep 2007 if i file my 485 ...
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Tito_ortiz
03-08 10:59 AM
Welcome hopelessinseattle!
I live in Seattle as well.
You are right. They do not tell you likely because employers enjoy the idea that people visa dependent many times turn out to be "more productive" for the company. This is just a nuance, but I can speak from my own experience that I used to work longer hours and demand less when I was on H1B. It is a fact.
Only time will tell. There is no lawsuit angle to be explored against this as far as I know.
It is interesting what other members reported about people being in denial, even when you clarify about the difficulties about the greencard process. I had my own brother coming here and his employer talked big about greencard, etc and he started making plans to bring his wife. I told him everything we have been through and he didn't pay attention to it. In the end it turned out that his profession was not even eligible for H visas.
Good luck to us all. God Bless America.
Tito
When I was hired last spring, I was not told about GC retrogression by my employer. I beleive they should have explained in graphic detail and if they done so I would not have left a good job and my home in Canada to move to an American nightmare.
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
I live in Seattle as well.
You are right. They do not tell you likely because employers enjoy the idea that people visa dependent many times turn out to be "more productive" for the company. This is just a nuance, but I can speak from my own experience that I used to work longer hours and demand less when I was on H1B. It is a fact.
Only time will tell. There is no lawsuit angle to be explored against this as far as I know.
It is interesting what other members reported about people being in denial, even when you clarify about the difficulties about the greencard process. I had my own brother coming here and his employer talked big about greencard, etc and he started making plans to bring his wife. I told him everything we have been through and he didn't pay attention to it. In the end it turned out that his profession was not even eligible for H visas.
Good luck to us all. God Bless America.
Tito
When I was hired last spring, I was not told about GC retrogression by my employer. I beleive they should have explained in graphic detail and if they done so I would not have left a good job and my home in Canada to move to an American nightmare.
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
more...
talash
05-08 12:48 PM
some one suggest me options please .
I'm on 4th year of H1b .I140 denied and didnt get denail notice yet .if MTR fails what should i do .Change employer ?
I'm on 4th year of H1b .I140 denied and didnt get denail notice yet .if MTR fails what should i do .Change employer ?
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dupedinjuly
07-13 03:00 PM
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
Thats in most of visa bulletins. It would require a change in law. Removing country quota is definitely not the news announcement. However, it is a very good change in the law that is required.
This is something that's doable without legislation. It would be done for employment based visas.
I've been reading the posts all day since yesterday. The most plausible "PERMANENT SOLUTION" has to be this. Please read the msg from IV
1. No change in July bulletin
2. No change in August bulletin
3. Well in that case it has to be this. It would be least controversial.
Thats in most of visa bulletins. It would require a change in law. Removing country quota is definitely not the news announcement. However, it is a very good change in the law that is required.
This is something that's doable without legislation. It would be done for employment based visas.
I've been reading the posts all day since yesterday. The most plausible "PERMANENT SOLUTION" has to be this. Please read the msg from IV
1. No change in July bulletin
2. No change in August bulletin
3. Well in that case it has to be this. It would be least controversial.
more...
jnraajan
03-28 05:24 PM
Can someone answer these queries? I am sure it will benefit everyone.
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vicsthedude
08-19 06:31 AM
I am on currently on EAD pending AOS. My priority date is current starting September.
My wife is on H1 and serving her 3 year J1-waiver requirements she has completed 1 year and has 2 more years to go We got married two years before I started my GC process.
My question is at what point should I file my wife's I485 given that I am current next month - She obviously has a J1-visa waiver approval but has still 2 more years to complete her waiver requirements. Assuming my AOS gets approved in next 2-3 months what would you suggest would be a good time to file my wife's I-485 and I am come under EB2 India category.
Thanks.
My wife is on H1 and serving her 3 year J1-waiver requirements she has completed 1 year and has 2 more years to go We got married two years before I started my GC process.
My question is at what point should I file my wife's I485 given that I am current next month - She obviously has a J1-visa waiver approval but has still 2 more years to complete her waiver requirements. Assuming my AOS gets approved in next 2-3 months what would you suggest would be a good time to file my wife's I-485 and I am come under EB2 India category.
Thanks.
more...
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new2gc
03-23 02:22 PM
Hello,
So yesterday (Saturday) was another surprize, a pleasant one again! I got a call from the same IO who told me that he got all the documents that I had sent and has cleared my case for approval, but now my fingerprints have expired.
He asked if I could come right away to his office and he could give me an instant fingerprinting appointment in the nearby INS office. When I told him that I'm currently out of country on business trip and won't be back in US till April, he said he will send me an appointment near April 15th.
I thanked him for his follow-up and he said he was just doing his job. I know this might be an exception than a rule, but just wanted to acknowledge this particular IO and hope there are more like him.
Just checking....If you are out of country, How could the IO know you number if you are on business trip? :confused:
So yesterday (Saturday) was another surprize, a pleasant one again! I got a call from the same IO who told me that he got all the documents that I had sent and has cleared my case for approval, but now my fingerprints have expired.
He asked if I could come right away to his office and he could give me an instant fingerprinting appointment in the nearby INS office. When I told him that I'm currently out of country on business trip and won't be back in US till April, he said he will send me an appointment near April 15th.
I thanked him for his follow-up and he said he was just doing his job. I know this might be an exception than a rule, but just wanted to acknowledge this particular IO and hope there are more like him.
Just checking....If you are out of country, How could the IO know you number if you are on business trip? :confused:
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maverick_neo
08-14 02:31 PM
Yes
Exactly why I want to wait for AP, fear of H1B visa rejection
Exactly why I want to wait for AP, fear of H1B visa rejection
more...
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Munna Bhai
10-07 05:06 PM
Guys, this is not an Indian site. Half the posts have word Indian in them.
I am not apologetic about being Indian but lets remain true to the IV cause
The current economic crisis has many victims. To hear about this 90 year old woman who attempted suicide is depressing too. There is a slight twist at the end, Fannie Mae forgave her debt.
http://abcnews.go.com/US/wireStory?id=5957063
On a different note, what about us folks who have been on this never ending path to legal immigration for ever and such events e.g economic crisis, rising unemployement etc impact us in a huge way and we don't have any recourse. What do you guys think should the USCIS do? Should they "forgive" us our circumstances. Should there be special rules in these unforseen circumstances?
gsc999, u are very correct. What about us? Someone in us can be next victim.
I am not apologetic about being Indian but lets remain true to the IV cause
The current economic crisis has many victims. To hear about this 90 year old woman who attempted suicide is depressing too. There is a slight twist at the end, Fannie Mae forgave her debt.
http://abcnews.go.com/US/wireStory?id=5957063
On a different note, what about us folks who have been on this never ending path to legal immigration for ever and such events e.g economic crisis, rising unemployement etc impact us in a huge way and we don't have any recourse. What do you guys think should the USCIS do? Should they "forgive" us our circumstances. Should there be special rules in these unforseen circumstances?
gsc999, u are very correct. What about us? Someone in us can be next victim.
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inskrish
07-20 07:15 PM
My BC does not contain my mother's name. I am getting an affidavit from my parents to support my BC. Do I also need a document from Municipal Registrar similar to what is needed if Birth Certificate is missing? Thanks!
In your case, you have the birth certificate, so you don't need to submit the non-availability certificate. It is better you contact your municipal office and apply for your birth certificate with your mother's name included.
Regards,
IK
In your case, you have the birth certificate, so you don't need to submit the non-availability certificate. It is better you contact your municipal office and apply for your birth certificate with your mother's name included.
Regards,
IK
more...
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rimzhim
02-08 08:08 PM
Berkeleybee is a gal.
I am surprised to learn that she is a member of IV. why would she post on another forum?
Also, UNations: thanks for your realism. No offence to this lady or to UNations.
it is just that berkeleybee's post is scary.
I am surprised to learn that she is a member of IV. why would she post on another forum?
Also, UNations: thanks for your realism. No offence to this lady or to UNations.
it is just that berkeleybee's post is scary.
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inskrish
07-20 07:09 PM
Guys, I submitted my app on July 2 with matriculation as BC. I'm OK with RFE... Do you think it will be rejected????
Hi,
USCIS gives RFE for birth certificate related issues.
Regards,
IK
Hi,
USCIS gives RFE for birth certificate related issues.
Regards,
IK
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gcseeker2002
11-11 11:10 AM
I was exactly in the similar situation. My wife entered on H4, started work on EAD. Now we are traveling to India, both have AP as well as H visa (H1 for myself, H4 for wife). I talked to our corporate lawyers pretty much the exact same questions you are asking. Here is the response (that I have in writing from the lawyers):
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
We are in exact same scenario, but was thinking that H4 holder has to enter using AP to continue to use EAD after "vacation" . So is it like, Use H4 for travel and EAD to work, instead of , Use AP for travel and EAD to work? This will be of great help to many people who are scared to use AP or not want to face the extra half hour at immigration counters.
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
We are in exact same scenario, but was thinking that H4 holder has to enter using AP to continue to use EAD after "vacation" . So is it like, Use H4 for travel and EAD to work, instead of , Use AP for travel and EAD to work? This will be of great help to many people who are scared to use AP or not want to face the extra half hour at immigration counters.
gimme_GC2006
04-09 09:49 PM
Hello Everyone,
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
Dont worry he cannot do anything..all these scumbags, low-lifes and ponzi holes cannot do anything..
Trust me ..I have been there
Did you communicate to him emails ? do you have a proof of what all he said in emails?
Tell him that you will write to DHS, USCIS and all American consulates in India/US/Canada..that will be end of H1B approvals for him..
btw what's the company? dont be afraid of anything
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008 to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
Dont worry he cannot do anything..all these scumbags, low-lifes and ponzi holes cannot do anything..
Trust me ..I have been there
Did you communicate to him emails ? do you have a proof of what all he said in emails?
Tell him that you will write to DHS, USCIS and all American consulates in India/US/Canada..that will be end of H1B approvals for him..
btw what's the company? dont be afraid of anything
uma001
07-26 02:18 PM
LONGGCQUE,
Thanks for putting this information. That will be very useful for everybody.
Guys, I wanted to circle back and update you on the results. My I140 was approved today and this is what i had submitted as alternate evidence. Hope someone else will benefit from the details I am putting here.
Thanks to you all who took time to reply and assist me on this issue.
Documents submitted:
> Experience letter non-availability as an affidavit mentioning that we tried but previous employer did not provide the letter.
> Email trail of communication with ex-employer detailing communication asking for exp. letter.
> 2 affidavits from previous co-workers detailing job responsibilities, skills, dates employed together.
> For 63 months of last employer experience, paystubs, W2's, Indian Form 16's, Indian IT returns, yearly appraisal letters, other evidence related to employment(not all but whatever was available).
RFE was :
Asked for evidence to prove 60 months of experience as listed in PERM.
Enjoy and good luck :-)
Thanks for putting this information. That will be very useful for everybody.
Guys, I wanted to circle back and update you on the results. My I140 was approved today and this is what i had submitted as alternate evidence. Hope someone else will benefit from the details I am putting here.
Thanks to you all who took time to reply and assist me on this issue.
Documents submitted:
> Experience letter non-availability as an affidavit mentioning that we tried but previous employer did not provide the letter.
> Email trail of communication with ex-employer detailing communication asking for exp. letter.
> 2 affidavits from previous co-workers detailing job responsibilities, skills, dates employed together.
> For 63 months of last employer experience, paystubs, W2's, Indian Form 16's, Indian IT returns, yearly appraisal letters, other evidence related to employment(not all but whatever was available).
RFE was :
Asked for evidence to prove 60 months of experience as listed in PERM.
Enjoy and good luck :-)
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