downthedrain
02-18 10:31 PM
Aachoo, downthedrain, jazzbytheway, sushilup, rvr_jcop -
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
thanks
Sree
LUD for my wife before RFE. RFE on just mine. got 1HLUD and 3 SLUDs on just mine after RFE received, no transfer on both cases
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
thanks
Sree
LUD for my wife before RFE. RFE on just mine. got 1HLUD and 3 SLUDs on just mine after RFE received, no transfer on both cases
wallpaper BMW E24
GCapplicant
06-13 01:27 PM
06/13/2008: Unresolved Disagreement With Hispanic Legislators for Highly Skilled Foreign Worker Immigration Legislations
A number of businesses and immigrants watched webcast hearing of the House Judiciary Immigration Subcommittee hearing yesterday that is related to the Rep. Zoe Lofgren's trio piecemeal employment-based immigration relief bills. The testinomies of the witnesses demonstrated a strong support of these bills by the high tech community. At the same time, the hearing revealed a continued resistance from the Hispanic supporting legislators who support the relief for the farm workers foreign workers and comprehensive immigration reform legislation, making the fate of these bills uncertain, according to the ComputerWorld report. There was also a resentment expressed by one of the legislators to the elitist mentality underlying these highly skilled foreign worker employment-based immigration bills. One wonders where these two conflicting communities can find a common ground where they can work out a compromise. It thus appears that the situation requires a very high-level of skills of negotiation and compromise for a successful resolution.
A number of businesses and immigrants watched webcast hearing of the House Judiciary Immigration Subcommittee hearing yesterday that is related to the Rep. Zoe Lofgren's trio piecemeal employment-based immigration relief bills. The testinomies of the witnesses demonstrated a strong support of these bills by the high tech community. At the same time, the hearing revealed a continued resistance from the Hispanic supporting legislators who support the relief for the farm workers foreign workers and comprehensive immigration reform legislation, making the fate of these bills uncertain, according to the ComputerWorld report. There was also a resentment expressed by one of the legislators to the elitist mentality underlying these highly skilled foreign worker employment-based immigration bills. One wonders where these two conflicting communities can find a common ground where they can work out a compromise. It thus appears that the situation requires a very high-level of skills of negotiation and compromise for a successful resolution.
saurav_4096
01-04 03:07 PM
Let me acknowledge..This thread made me easily come out of holiday blues. Above thats its friday...!!!!
My take on this situation....ask your freind to apply for concurent H1b's..it works out well with concurent wives...!!!!:):):) He can bring one wife on each visa..!!!!
May be he can apply for blanket H4...
My take on this situation....ask your freind to apply for concurent H1b's..it works out well with concurent wives...!!!!:):):) He can bring one wife on each visa..!!!!
May be he can apply for blanket H4...
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gc_lover
06-27 08:56 AM
Could you please assign date time for every single member that they should file their application on?
Thanks a lot.
:D
Thanks a lot.
:D
more...
nozerd
04-13 11:35 AM
This basicalkly means that too many cases are stuck in name check at I 140 and I 485 stage or that USCIS is not processing as fast as it ought to.
To give you an ex I have a friend with PD of Dec 1998 (original case not substitution) whose I 485 is stuck in name check., My friend is not a Muslim. There could be many others too.
What does this mean? That there are not as many approved labor cases as anticipated originally by the USCIS????
"F. VISA AVAILABILITY DURING THE COMING MONTHS
Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.
Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.
One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."
To give you an ex I have a friend with PD of Dec 1998 (original case not substitution) whose I 485 is stuck in name check., My friend is not a Muslim. There could be many others too.
What does this mean? That there are not as many approved labor cases as anticipated originally by the USCIS????
"F. VISA AVAILABILITY DURING THE COMING MONTHS
Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.
Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.
One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."
ss1026
08-20 06:18 PM
I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.
I don't think I can truly understand how frustrated and angry you must be and I really hope there is a legal avenue by which you could atleast get some kind of monetary reward. I hope you could take this employer through the DOL fraud dept and cause him to really pay for this.
One of the side benefits of the end of labor substitutions is that unscrupulous employers like your desi employer will not be able to sell a labor to the highest bidder or give it away to a new hire as a 'sign on' bonus. Either the original candidate gets it or goes to waste. Though it seems a little tough, it more than makes up by preventing such stories as yours in the future. Good luck
I don't think I can truly understand how frustrated and angry you must be and I really hope there is a legal avenue by which you could atleast get some kind of monetary reward. I hope you could take this employer through the DOL fraud dept and cause him to really pay for this.
One of the side benefits of the end of labor substitutions is that unscrupulous employers like your desi employer will not be able to sell a labor to the highest bidder or give it away to a new hire as a 'sign on' bonus. Either the original candidate gets it or goes to waste. Though it seems a little tough, it more than makes up by preventing such stories as yours in the future. Good luck
more...
Ram_C
11-19 02:05 PM
I was also asked to appear for FP in my attorney's location. Instead, I went to the nearest ASC with my spouse whose FP was in the correct location ahead of my date. I successfully got my FP done. There is a thread "FP in wrong city" where other people had similar issues.
From my experience, talking to lawyer, USCIS doesn't care as long as you get it done before the due date. Try the local ASC... its always the guard in front who may create an issue. Once you are in, fill in some forms, the ASC doesn't care where you were scheduled.
Imp: Try the local ASC before your scheduled date so that you have time for plan B.
Thanks, I'll try that :)
From my experience, talking to lawyer, USCIS doesn't care as long as you get it done before the due date. Try the local ASC... its always the guard in front who may create an issue. Once you are in, fill in some forms, the ASC doesn't care where you were scheduled.
Imp: Try the local ASC before your scheduled date so that you have time for plan B.
Thanks, I'll try that :)
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alterego
07-07 06:48 PM
MHB's face spoke more than words can say. Not sure acting or genuine expression captured by the cameraman but great.
Showed his frustration and disappointment very well. Overall a well done and convincing piece.
Showed his frustration and disappointment very well. Overall a well done and convincing piece.
more...
ita
11-06 12:41 PM
When you set up the infopass appntmt do select the option
'EAD Inquiry Appmt' even when you are going with AP question.
Thank you.
'EAD Inquiry Appmt' even when you are going with AP question.
Thank you.
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sc3
05-13 07:33 PM
Please check with both Immigration attorney (for 485 withdrawal), and a divorce lawyer in India.
I believe that if the marriage was conducted in India, but US court issues the divorce decree, such decree is not automatically recognized in India. You might have to file for such a decree in India too.
Personally, withdrawing now, and reapplying is a better option. You will be playing Russian roulette if you decide to wait for some time to "withdraw" -- as USCIS could suddenly make dates current (remember last year), and approve a bunch of application. Of course, consult an Immigration lawyer to see if you can withdraw and re-use the same application (140) later. If not, withdraw and start a new GC (using current 140 as basis for priority date) -- you could even get a EB2 classification.
I believe that if the marriage was conducted in India, but US court issues the divorce decree, such decree is not automatically recognized in India. You might have to file for such a decree in India too.
Personally, withdrawing now, and reapplying is a better option. You will be playing Russian roulette if you decide to wait for some time to "withdraw" -- as USCIS could suddenly make dates current (remember last year), and approve a bunch of application. Of course, consult an Immigration lawyer to see if you can withdraw and re-use the same application (140) later. If not, withdraw and start a new GC (using current 140 as basis for priority date) -- you could even get a EB2 classification.
more...
indianabacklog
08-01 10:05 AM
I know it is not the right place to put it. I could not find any appropriate thread. My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
Yes she can go alone. She will need her H4 approval notice as well as your H1B approval notice. Additionally since you have applied for AOS take them for good measure. My husband recently went for H4 stamping in London and they did not actually require the adjustment receipt notice but did take anyway with his documents.
Yes she can go alone. She will need her H4 approval notice as well as your H1B approval notice. Additionally since you have applied for AOS take them for good measure. My husband recently went for H4 stamping in London and they did not actually require the adjustment receipt notice but did take anyway with his documents.
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blacktongue
10-29 02:14 PM
Most of our jobs are replaceable in today's world. There is no shortage of "skilled workers". So, I for sure cannot take a long leave and wait for EAD to come by and re-join....because my job would be gone by then to some other "skilled" person. And its not easy to get another one quickly and without moving to a different place.
If you are replaceable then you have false claimed in your application that no American is available for your job. It defeats your H1B and Green card application. America invites H1Bs and gives them greencards not because they are paying taxes but because employers prove no american is available for our job and we have unique skills for job. 'Best and Brightest' is we are and USA needs us. Without us the economy will be more bad.
If you are replaceable then you have false claimed in your application that no American is available for your job. It defeats your H1B and Green card application. America invites H1Bs and gives them greencards not because they are paying taxes but because employers prove no american is available for our job and we have unique skills for job. 'Best and Brightest' is we are and USA needs us. Without us the economy will be more bad.
more...
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gchetna
09-08 07:12 PM
When you change jobs after 485 Filing, is it necessary to change with an EAD or I can get an H1B transfer. I may get laid off, and EAD has not come yet and I don't have the time for EAD to come through. Can I transfer H1B while 485 is pending for less than 180 days without it affecting 485. I will make sure that job duties are similar and I am fairly certain that employer will not revoke I-140. My assumption if that I need to be working on H1B or EAD to maintain legal immigration status and there can't be any gap between the two employments.
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jfredr
05-22 04:05 PM
U r not going Madd ur already made mad
all legals are mad
all legals are mad
more...
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lazycis
12-18 02:41 PM
Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
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coralfl
08-22 12:14 PM
Let us Focus on Rally/ Focus on Local Chapter/Focus raising money; if we want to see any change soon.
more...
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deepakmathew
11-05 01:04 AM
From the director of the blockbuster "Interminable EB-backlog" comes yet another creation "V-I-S-A B-U-L-L-T-I-N...DECEMBER 2009".
Story, screenplay, Direction; USCIS
Production; State department
Music; Labor department
Thomaschanaa - Kollam nalla wit : Very Good one:D
Story, screenplay, Direction; USCIS
Production; State department
Music; Labor department
Thomaschanaa - Kollam nalla wit : Very Good one:D
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Sheila Danzig
08-18 03:50 PM
Two things
1. Responding to 8-month old post == free ad
2. Is your posting evaluation or legal advice?
Have a good day!
.
Sorry - for some reason the post showed up as new on my PC and I did not notice the date. This is evaluation advice and certainly not an ad. It is important that everyone understand what they need as many attorneys make mistakes. It was free advice. That is my only reason to be here. The vast majority of my business comes from attorneys and firms. If you can tell me how I can help and not have you think it is an ad each time, then I will do so. I see so many bad situations that could have been avoided if everyone were just a bit more informed. That is all I seek to do here.
1. Responding to 8-month old post == free ad
2. Is your posting evaluation or legal advice?
Have a good day!
.
Sorry - for some reason the post showed up as new on my PC and I did not notice the date. This is evaluation advice and certainly not an ad. It is important that everyone understand what they need as many attorneys make mistakes. It was free advice. That is my only reason to be here. The vast majority of my business comes from attorneys and firms. If you can tell me how I can help and not have you think it is an ad each time, then I will do so. I see so many bad situations that could have been avoided if everyone were just a bit more informed. That is all I seek to do here.
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snallini
04-02 08:53 AM
sent both faxes.
Jc-Gc
Jc-Gc
andrei
07-10 08:35 AM
"CNN will definitely change its course and path it is taking if we start exposing Loo Dog. Once truth comes out, CNN may be worried about hurting its image and will definitely change courses."
Lou Dobbs is being attacked all the time by all kinds of people, including big organizations (La Raza, etc.). He brings in ratings, so I'm sure they have a thick skin about him over at CNN. If you're seriously considering a campaign, I would try talking to a reporter friend about 1. whether you should do it (I think it would be counterproductive); and 2. if you decide to do it anyway, how to go about it.
Having signs at the San Jose rally about Dobbs will hurt, not help. Keeping clear the distinction between legal and illegal immigration is key to any political effort, imho. Almost everyone is for legal immigration, but a majority of Americans are very concerned about illegal immigration. You start making this about illegal immigration, even implicitly, and sympathy will dry up quickly. And when you mention the word "Dobbs," the first thing that comes into the mind of the average American is "illegal immigration."
Lou Dobbs is being attacked all the time by all kinds of people, including big organizations (La Raza, etc.). He brings in ratings, so I'm sure they have a thick skin about him over at CNN. If you're seriously considering a campaign, I would try talking to a reporter friend about 1. whether you should do it (I think it would be counterproductive); and 2. if you decide to do it anyway, how to go about it.
Having signs at the San Jose rally about Dobbs will hurt, not help. Keeping clear the distinction between legal and illegal immigration is key to any political effort, imho. Almost everyone is for legal immigration, but a majority of Americans are very concerned about illegal immigration. You start making this about illegal immigration, even implicitly, and sympathy will dry up quickly. And when you mention the word "Dobbs," the first thing that comes into the mind of the average American is "illegal immigration."
laborfd
04-01 11:58 PM
sent both fax
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