GIDOC
07-12 01:05 PM
In my opinion the USCIS did this to get the 485 cases to be filed after July 30 when their new fee schedule kicks in. They have just created a mess.
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Blog Feeds
01-18 05:10 AM
My friend Cyrus Mehta reports on a disturbing incident that occurred last week at Newark's international airport. Apparently CBP officers got hold of the new Neufeld memorandum on H-1B workers at third party work sites and decided to start applying it on their own. Aside from being contrary to established procedures for revoking visas, CBP officers made inappropriate comments and issued threats that cry out for some form of disciplinary action by DHS: It is then no surprise that the outrageous singling out of Indians since the New Year waiting in the line at Newark and other airports by CBP...
More... (http://blogs.ilw.com/gregsiskind/2010/01/cbp-officers-targeting-indian-h1b-entrants.html)
More... (http://blogs.ilw.com/gregsiskind/2010/01/cbp-officers-targeting-indian-h1b-entrants.html)
kalinga_sena
03-25 10:44 AM
H1B Extension received Dt 02/20/2008. Based on this thread I have to wait another 4 to 5 months.:confused:
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Ramba
07-10 04:33 PM
I have a Ph.D and 2 M.Sc in Aerospace and Mechanical Engineering. I got my H1-B and I also have been employed for 3 months now. My company policy required 3 years before sponsoring me. I do not want to wait that long to start applying. How can I tell if I am qualified for EB-2 with National interest waiver? Is that the only way for me to get GC?
I also want to mention that I have 5 proceedings papers but not journals. I also do not have any citations for my proceedings papers.
Please advice me what is the best senario for me and if I have any chance to apply for EB-2 with NIV.
Thank you
NIW is tricky. As you have PhD, you can apply yourself (w/o sponser) in EB1 Researcher catagory, if you do that kind of job.
I also want to mention that I have 5 proceedings papers but not journals. I also do not have any citations for my proceedings papers.
Please advice me what is the best senario for me and if I have any chance to apply for EB-2 with NIV.
Thank you
NIW is tricky. As you have PhD, you can apply yourself (w/o sponser) in EB1 Researcher catagory, if you do that kind of job.
more...
hopein07
02-08 03:15 PM
IVs strategists must look into a diplomatic angle to come up with mechanisms to fight retro which I think IV is currently doing and is on the track.[/QUOTE]
------------------------------------
If President Bush believes that EB reform is in the National interest of US then it will be done.
For example the nuclear deal with India was pushed hard by Bush and inspite of all opposition by Non-Proliferation lobby the Congress overwhelmingly approved it just because it was perceived to be in the US national interest. Even though it completely undermined US position vis-a-vis Iran and North Korea, President Bush successfully convinced Congress to not only change domestic laws but literally forced the entire Nuclear Supplier Group consisting of 15 nations to bypass all international rules and norms just to make an exception for India�s case. All this was done just because it was in the US national interest and India�s too.
Bottomline:
Is EB Green Card reform in US National Interest?
Is Hi-tech labor export in India�s National Interest?
If the answer to the above two questions is Yes then anything can be achieved. Politics can create strange bedfellows and nothing is impossible in politics as proven by the nuclear deal.
Just a thought!!!!
------------------------------------
If President Bush believes that EB reform is in the National interest of US then it will be done.
For example the nuclear deal with India was pushed hard by Bush and inspite of all opposition by Non-Proliferation lobby the Congress overwhelmingly approved it just because it was perceived to be in the US national interest. Even though it completely undermined US position vis-a-vis Iran and North Korea, President Bush successfully convinced Congress to not only change domestic laws but literally forced the entire Nuclear Supplier Group consisting of 15 nations to bypass all international rules and norms just to make an exception for India�s case. All this was done just because it was in the US national interest and India�s too.
Bottomline:
Is EB Green Card reform in US National Interest?
Is Hi-tech labor export in India�s National Interest?
If the answer to the above two questions is Yes then anything can be achieved. Politics can create strange bedfellows and nothing is impossible in politics as proven by the nuclear deal.
Just a thought!!!!
EndlessWait
01-10 05:15 PM
Just to add, this is the risk of not working for the company after getting the EAD. The employer can easily prove that the person had no intention of working for the company. AC21 cannot protect that person.
the guy who used AC21 got his GC and rightfully so since he left after 6 months.
Our friend was the one who got the labor sold by his desi employer leech..to him
its good atleast that Ac21 works and it should..now with substitution banned the new AC21s will be protected..as long as they didn't substitute..
Finally labor substitution was a bad choice! thats the moral of the story..
the guy who used AC21 got his GC and rightfully so since he left after 6 months.
Our friend was the one who got the labor sold by his desi employer leech..to him
its good atleast that Ac21 works and it should..now with substitution banned the new AC21s will be protected..as long as they didn't substitute..
Finally labor substitution was a bad choice! thats the moral of the story..
more...
swamy
12-10 10:25 AM
As somebody said earlier, it's not right a forcing statement to make somebody donate. When I read the first reply of my email was not something which I asked advice but a dontation I was somewhat flustered. IT reached the limites when somebody mentioned cancel your trip of Bahamas and donate. Bharatpremi, I must say mind your own business, don't tell me what to do.
On top people have repped in wierd ways as well.
I would just say please mind your own business in these things if you don't want to give advice, dont act like some jerk and tell me what to do and what not to do..
By the way I have already donated money in past before DC rally and will donate again.
Please don't spoil the spirit of forum and try to act maturely!!!
Bunch of losers. I am done with this forum.
settle down kid - no need to get 'flustered' over my request to donate. trust me if i had known the answer to your question that wouldbve been part of my answer too. and you're the loser if you run away from such a terrific forum
On top people have repped in wierd ways as well.
I would just say please mind your own business in these things if you don't want to give advice, dont act like some jerk and tell me what to do and what not to do..
By the way I have already donated money in past before DC rally and will donate again.
Please don't spoil the spirit of forum and try to act maturely!!!
Bunch of losers. I am done with this forum.
settle down kid - no need to get 'flustered' over my request to donate. trust me if i had known the answer to your question that wouldbve been part of my answer too. and you're the loser if you run away from such a terrific forum
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desi3933
03-20 08:33 AM
....
....
We never heard about Employer-Employee relationship before 2010.
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Jul082009_01D2101.pdf
[From the pdf link]
On January 3, 2008, the director denied the petition.
....
....
AAO must determine whether the petitioner has established that it will have "an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee
....
....
Upon review, the AAO concurs with the director's decision. The record is not persuasive in establishing that the petitioner or any of its clients will have an employer-employee relationship with the beneficiary.
_________________
Not a legal advice
....
We never heard about Employer-Employee relationship before 2010.
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Jul082009_01D2101.pdf
[From the pdf link]
On January 3, 2008, the director denied the petition.
....
....
AAO must determine whether the petitioner has established that it will have "an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee
....
....
Upon review, the AAO concurs with the director's decision. The record is not persuasive in establishing that the petitioner or any of its clients will have an employer-employee relationship with the beneficiary.
_________________
Not a legal advice
more...
dpp
01-10 11:09 PM
Your employer cannot revoke approved I-140 after 180 days of filing of I-485. AC21 portability law clearly says that. Your employer is playing with the lifes of employees. He cannot win any case in this situation. You better look for another employer and move ASAP. Also, you cannot keep PD as it is somebody else's PD. Eventhough you/your can try appealing with no chances of winning, but you/your employer is trying to spoil the life another person who got GC.
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
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techbuyer77
09-17 02:22 PM
I know how lucky I am and I thank God every day. Thanks!
more...
fromnaija
02-21 11:59 AM
what is EVL ?
Employment Verification Letter.
Employment Verification Letter.
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waitnwatch
05-06 07:11 PM
I already fought this for three good years! I don't know how they allow L1 to enjoy in-state tuituion and not H1B. I provided liks to USCIS to ASU to prove that L1 and H1 are similar non-immigrant visa. I gave up after they could not provide any reasonable response.
Did you threaten them with a lawsuit. You would be surprised at what a threat like that can do.
Did you threaten them with a lawsuit. You would be surprised at what a threat like that can do.
more...
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add78
05-23 08:49 AM
Please do not mix social issues with immigration, this is not a forum about one particular country or its social manifestations (like how do I marry?, should I stay single forever? How am I going to find a girl?). These questions are absurd from American / immigration standpoint. If you already have a spouse and have immigration issues related to those situations then yes that is valid to ask here but otherwise (But how do I get the spouse then???) is purely a social / cultural issue. Please stick to immigration issues.
Thank you.
Thank you.
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soma
02-11 11:44 AM
ok so when would EB2 come back to its old status of Jan 2003(it was so for past 1.5 yrs atleast b4 jumping to june 2004 and again retogating)...would it be in this current fiscal yr..i.e b4 sept 2008 or it will take whole of nxt fiscal yr to come to that kind of dates?
I believe once it gets past Jan 2003 PD's, dates will move steadily.
I believe once it gets past Jan 2003 PD's, dates will move steadily.
more...
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sbind_77
08-31 02:41 PM
This is what I am seeing in my 485 status
Post Decision Activity
On August 6, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
I received the Approval notice on Aug 14th. Nothing after that. I never missed any mail from USCIS till now.
There no other status change between Initial Review and Post Decision Activity.
I have Infopass appt next week. Let me see if they have any info on this.
Post Decision Activity
On August 6, 2010, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
I received the Approval notice on Aug 14th. Nothing after that. I never missed any mail from USCIS till now.
There no other status change between Initial Review and Post Decision Activity.
I have Infopass appt next week. Let me see if they have any info on this.
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indianindian2006
01-23 04:49 PM
"Representative Elton Gallegly (R-CA) introduced H.R. 133, Citizenship Reform Act of 2007, which would limit citizenship by birth to children born to at least one permanent resident or citizen parent."
Does this mean that if we do not have green cards our childern born here are not citizens. Am I understanding it right..
This is just a proposal still and I fell will not become law anytime soon.
Does this mean that if we do not have green cards our childern born here are not citizens. Am I understanding it right..
This is just a proposal still and I fell will not become law anytime soon.
more...
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Exultant
12-03 05:32 PM
Thanks for all the responses. My question is: Can one legally be on payroll of two companies and draw salary from them, both on H1? How about both on EAD? And, one on H1, the other on EAD?
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shana04
11-28 08:16 PM
Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)
It has been a very long journey!!!
Now, enjoy your freedom.
Congratulations!
It has been a very long journey!!!
Now, enjoy your freedom.
Congratulations!
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amitjoey
05-09 02:32 PM
Does any one know how mant days it takes to get denail notive .I-140 denied on April 22 and says notice mailed but didnt recieve yet .Both emploter and attorney havent recieved any thing yet .Is this Normal ?
Talash, this is not normal. Your notice could have been lost in the mail. Ask your attorney to contact USCIS and explain. Also employers can request a courtesy copy. So also ask your employer to request one. USCIS will not entertain any request from you, since I140 is a employer filed petition.
Talash, this is not normal. Your notice could have been lost in the mail. Ask your attorney to contact USCIS and explain. Also employers can request a courtesy copy. So also ask your employer to request one. USCIS will not entertain any request from you, since I140 is a employer filed petition.
ashkam
07-20 11:28 AM
Guys, I submitted my app on July 2 with matriculation as BC. I'm OK with RFE... Do you think it will be rejected????
I don't think they will accept matriculation certificate as primary evidence. Since the birth certificate is initial evidence, you should contact your lawyer ASAP.
I don't think they will accept matriculation certificate as primary evidence. Since the birth certificate is initial evidence, you should contact your lawyer ASAP.
Sunx_2004
09-11 02:43 PM
But were you carrying your H1B or EAD/ AP with you all the time....?
Friends,
Are we required to carry GC with us all the time ? :confused:
My attorney says we must. What if I lose it or damage it ? Can we carry a photocopy ?
Friends,
Are we required to carry GC with us all the time ? :confused:
My attorney says we must. What if I lose it or damage it ? Can we carry a photocopy ?
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