ImmiLosers
09-26 12:22 AM
1)Incase my 485 application gets denied, can I start the process again and use the PD of my current application?
2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.
3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?
I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?
Thanks
YES YES YES - go ahead screw your smalltime employer
2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.
3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?
I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?
Thanks
YES YES YES - go ahead screw your smalltime employer
skd
01-12 12:48 PM
^^^^
Its' very depressing state, I really feel bad about current state of affairs of economy...
Its' very depressing , So lets close this thread :(
But gcformeornot Don't give me read for that , Nothing against you , I am giving you green
Its' very depressing state, I really feel bad about current state of affairs of economy...
Its' very depressing , So lets close this thread :(
But gcformeornot Don't give me read for that , Nothing against you , I am giving you green
Saralayar
07-09 01:39 PM
Buddy,
Why you are so angry??. I know more than you about immigration and all the rules. you try to understand the English properly and the meaning. I hope you are from a very remote place in India. So for you to understand better, Here is the meanign fo my message.
GUYS, YOUR PRIORITY DATE IS 2006 and why you are asking for the premium processing when many of your friends are still waiting to file their I 140 or I 485.
Don't try to put harsh words in public forums. You will get them back as a Boomerang...... Understand?:mad:
Why you are so angry??. I know more than you about immigration and all the rules. you try to understand the English properly and the meaning. I hope you are from a very remote place in India. So for you to understand better, Here is the meanign fo my message.
GUYS, YOUR PRIORITY DATE IS 2006 and why you are asking for the premium processing when many of your friends are still waiting to file their I 140 or I 485.
Don't try to put harsh words in public forums. You will get them back as a Boomerang...... Understand?:mad:
javanmard
03-22 10:01 AM
Thanks B, how long did it take for u? I need to go to my home country for some urgent work, so worried a lot. was it in California service centre?
more...
fide_champ
06-25 02:42 PM
ask the lawyer what he was thinking
It looks like the lawyer did not find any information that they should not send it before July 1st.
It looks like the lawyer did not find any information that they should not send it before July 1st.
desigirl
12-02 10:12 AM
As i had indicated earlier, I spoke with my employer, he cannot do anything in terms of lobbying - but has agreed to do things. He will donate to IV and he will write a letter stating that small businesses like ours need to be able to fully utilize the capabilities of the employers...and it helps to have the green card.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
more...
hebron
08-16 02:50 PM
Hi Hebron,
I will get my money if i complain to DOL. But, do i have to stop working at the same client now. Will there be any problem if i continue working with the same client.
Thanks,
Srikanth
You have a valid H1 with the new employer (client), so there should be nothing wrong working with the client.
Have you or your client signed a contract with the parent company? If you have not signed a contract, there is nothing to worry. I would assume your client may have signed a contract with your parent company(old employer). If that's the case the issue is between you current employer (client) and you parent company (old employer).
You may also want to check with your attorney.
I will get my money if i complain to DOL. But, do i have to stop working at the same client now. Will there be any problem if i continue working with the same client.
Thanks,
Srikanth
You have a valid H1 with the new employer (client), so there should be nothing wrong working with the client.
Have you or your client signed a contract with the parent company? If you have not signed a contract, there is nothing to worry. I would assume your client may have signed a contract with your parent company(old employer). If that's the case the issue is between you current employer (client) and you parent company (old employer).
You may also want to check with your attorney.
ksita48
07-23 09:30 PM
Brief Description of my Case Joined Vision Systems Group INC,(VSGInc), Southplains Field, NJ in the year March 2003. My H1B was transferred to VSG Inc from my previous company which got merged with another company. VSG Inc filed my Labor Certification in 2003 (EB3) on Dec 23,2003 which has gone to Back Log Center, Harrisburg, PA and got approved only in Dec, 2006. In July 2006 VSG Inc, filed PERM under EB2 and got approved and filed I140 under EB2. But when USCIS sent RFE, my company has withdrawn the I140 without responding to RFE. In July 2007, during 2007 visa fiasco, VSG Inc filed I140 electronically, and I485 and other papers concurrently in July 02, 2007. Got the receipt notices for I140 dated 07-02-2007 and for I485 and others on 06-05-2008. Received EAD and travel docs in July 2008. My I140 is still pending at Nebraska Service center as on date. When contacted trough the Local Congress Man, Dept. Of Home land Security replied on Feb 09, 2009 as follows: �The processing of I-140 has been delayed, not yet ready for decision as it has been selected for extended security review, independent of FBI name check and fingerprints. Until the review is completed, we cannot move forward on this case. We will make every effort to make a decision on this case as soon as the review is complete. However, we have contacted the security team POC to see if this case can be reviewed to see if it can be moved for adjudication.� VISION SYSTEMS GROUP, INC., a New Jersey Domestic Profit Corporation, with a branch office in Coon Rapids, Iowa, was also indicted in a ten count federal indictment that included one count of conspiracy, eight counts of mail fraud, and one count of �Notice of Forfeiture� in the amount of $7,400,000. The investigation is being conducted by U.S. Immigration and Customs Enforcement (ICE) in collaboration with U.S. Citizenship and Immigration Services - Fraud Detection and National Security Division (FDNS); U.S. Department of Labor - Office of Inspector General; U.S. Postal Inspection Service (USPIS); U.S. Department of State; and is supported by the U.S. Attorney�s Office for the Southern District of Iowa. At the out set I am in a complete depressed state an seek your help and know the fate of my AOS applications like I-140, I485 and others and the best possible course of action I may have to take immediately. My concerns and questions: 1. Should I transfer my H1b to another company? 2. What will happen to my pending I-140 and I-485 petitions? 3. Or should I continue with the present company wait for the outcome? 4. How much time it may take to finally conclude this process normally? 5. If the company is proved guilty and be closed by the Govt. or blacklisted what will happen to the Employees like me who are absolutely not concern, nor involved and go by Rules and in the project working If you can throw some light on these matters, It would be of great relief to me who has spent in this country for 11 years legally paying all the taxes.:confused:
more...
galacticman
03-06 07:30 PM
Thanks coopheal. Seems like they are still working on the 1st week itself. Hopefully I should see mine come around soon for preadjudication!
***************
EB3/India/PD-Jan '06/140 Approved Apr '07/485 Pending- July '07/EAD Oct '07
***************
EB3/India/PD-Jan '06/140 Approved Apr '07/485 Pending- July '07/EAD Oct '07
looivy
11-19 02:06 PM
I have H1B visa stamp on passport with my old employer and I have AP, EAD and H1 approval with my new employer. I am planning to travel to India in December. If I use AP on my way back, does that annul my H1 approval with new employer. Pl advise.
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chanduv23
06-19 10:15 AM
Here is a recap from Murthy bulletin
USCIS Errors in Denying a Case
AILA Liaison requested that, where the USCIS denies a case in error, then the filing fee for a Motion to Reopen or appeal should be waived. It was suggested that the Ombudsman�s office needs to intervene in emergency cases, where time is of the essence.
Although the Ombudsman's office cannot adjudicate or approve a case, it believes that these channels may help in obtaining resolution via internal communications that recommend specific solutions.
It is important that the entire process with USCIS be followed in terms of filing the appeal or motion to reconsider (MTR) or other process. The CIS Ombudsman's office may attempt to intervene to resolve particular matters, but the individual or employer needs to follow the particular agency's guidelines and not miss any deadline or assume that the Ombudsman will resolve all legal concerns within a particular timeframe.
Folks - if we are not willing to help ourselves, we will have to go through these burden. So plese come forward.
If Authorities know about issues that are common and widespread - then necessary steps will be taken to correct them - otherwise we are all bound to suffer
USCIS Errors in Denying a Case
AILA Liaison requested that, where the USCIS denies a case in error, then the filing fee for a Motion to Reopen or appeal should be waived. It was suggested that the Ombudsman�s office needs to intervene in emergency cases, where time is of the essence.
Although the Ombudsman's office cannot adjudicate or approve a case, it believes that these channels may help in obtaining resolution via internal communications that recommend specific solutions.
It is important that the entire process with USCIS be followed in terms of filing the appeal or motion to reconsider (MTR) or other process. The CIS Ombudsman's office may attempt to intervene to resolve particular matters, but the individual or employer needs to follow the particular agency's guidelines and not miss any deadline or assume that the Ombudsman will resolve all legal concerns within a particular timeframe.
Folks - if we are not willing to help ourselves, we will have to go through these burden. So plese come forward.
If Authorities know about issues that are common and widespread - then necessary steps will be taken to correct them - otherwise we are all bound to suffer
GCwaitforever
08-15 11:39 AM
08/15/2006: Multiple I-140 Petitions: Uniform Policy in Negative Fashion?
* We reported on August 3, 2006 USCIS lack of uniform policy on multiple petitions on a single EB-2 labor certification application. It appears that the disease has spread to the TSC adopting a similar negative policy of denying EB-3 petition when EB-2 and EB-3 petitions are filed concurrently using single certified EB-2 labor certification application on the ground that "original" of the certified application was not available for the EB-3 I-140 petition since the original had to accompany the EB-2 I-140 petition. Obviously this is a deviation from the traditional INS/USCIS policy in a negative way and we hope that the USCIS leaders are not turning around from the liberal policies under Yates-Divine era to the narrow-restrictive policies.
This should be a solution to the problem. Submit the approved EB-3 I-140 petition with EB-2 I-140 petition.
"The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition."
* We reported on August 3, 2006 USCIS lack of uniform policy on multiple petitions on a single EB-2 labor certification application. It appears that the disease has spread to the TSC adopting a similar negative policy of denying EB-3 petition when EB-2 and EB-3 petitions are filed concurrently using single certified EB-2 labor certification application on the ground that "original" of the certified application was not available for the EB-3 I-140 petition since the original had to accompany the EB-2 I-140 petition. Obviously this is a deviation from the traditional INS/USCIS policy in a negative way and we hope that the USCIS leaders are not turning around from the liberal policies under Yates-Divine era to the narrow-restrictive policies.
This should be a solution to the problem. Submit the approved EB-3 I-140 petition with EB-2 I-140 petition.
"The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition."
more...
mailmy_gc
10-15 05:49 PM
We had 4-5 continueous LUD's after couple of weeks they recieved response (June 2009) but still status is showing response reeived.
Recently even changed job to local government but not yet submitted AC 21, I am in the process of preparing documentation. I appreciate if any one help me on this.
Thanks,
Recently even changed job to local government but not yet submitted AC 21, I am in the process of preparing documentation. I appreciate if any one help me on this.
Thanks,
gccovet
09-24 04:15 PM
Any thoughts
is she the primary applicant on AOS? If so, to be safe, you may have her continue on H1 (provided employer is willing to file for H1B ac21 aka "transfer").
If she is not prim. applicant and If the employer is not willing to shed the H1 "transfer" money, you may save money by using EAD.
just my thoughts, check with attorney please.
Regards,
GCCovet.
is she the primary applicant on AOS? If so, to be safe, you may have her continue on H1 (provided employer is willing to file for H1B ac21 aka "transfer").
If she is not prim. applicant and If the employer is not willing to shed the H1 "transfer" money, you may save money by using EAD.
just my thoughts, check with attorney please.
Regards,
GCCovet.
more...
logiclife
01-25 04:56 PM
TOI makes it sound as if Bush is dispatching Air Force 1 to India for a planeload of skilled desis and will issue them US passports at the port of entry.
:D :D :D
That's hilarious.
But fun aside, you're right. Times of India makes it sound as if H1Bs pretty much run everything and create everything and that H1Bs are like rockstars or something.
One reason I never read Times of India is that they somehow have figured out to beat pop-up blockers and my screen fills up with pop ups for airlines agents and phone cards and its really irritating.
Secondly, their content is becoming like a tabloid's content would be.
:D :D :D
That's hilarious.
But fun aside, you're right. Times of India makes it sound as if H1Bs pretty much run everything and create everything and that H1Bs are like rockstars or something.
One reason I never read Times of India is that they somehow have figured out to beat pop-up blockers and my screen fills up with pop ups for airlines agents and phone cards and its really irritating.
Secondly, their content is becoming like a tabloid's content would be.
logiclife
08-03 07:23 PM
Hi logiclife,
I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.
Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.
No, I dont have any code or INA section for that. And I never said that just the job title and dates of employment will suffice. No, that wont suffice, coz that only shows what happened in the past. The employer letter is supposed to assure USCIS that the job offer is still valid and if USCIS gives you greencard then the employer is still offering employment which was the basis for filing greencard. The future component is a must. What happened in past and what happened so far (up until 485 filing) is irrelevant. Therefore just the title and dates of employment ARE NOT ENOUGH.
What is relevant is the job described in labor cert is still available to you IN FUTURE and whether employer is willing to say it on a letter to USCIS that "Hey, take care of this guy's 485 coz I still plan to hire him on XYZ position IN FUTURE ".
I am telling you from my own experience with what my lawyer had prepared for my HR to sign.
My employer's letter simply states that A) they will pay me X amount at the minimum (which is my current salary) and B) the job is still being offered as per job described in ETA 750 and I-140.
That covers everything. Labor cert has job description. 140 has other credentials. If a letter with 485 says that job offer is still valid a per job described in labor and 140, that covers everything.
I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.
Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.
No, I dont have any code or INA section for that. And I never said that just the job title and dates of employment will suffice. No, that wont suffice, coz that only shows what happened in the past. The employer letter is supposed to assure USCIS that the job offer is still valid and if USCIS gives you greencard then the employer is still offering employment which was the basis for filing greencard. The future component is a must. What happened in past and what happened so far (up until 485 filing) is irrelevant. Therefore just the title and dates of employment ARE NOT ENOUGH.
What is relevant is the job described in labor cert is still available to you IN FUTURE and whether employer is willing to say it on a letter to USCIS that "Hey, take care of this guy's 485 coz I still plan to hire him on XYZ position IN FUTURE ".
I am telling you from my own experience with what my lawyer had prepared for my HR to sign.
My employer's letter simply states that A) they will pay me X amount at the minimum (which is my current salary) and B) the job is still being offered as per job described in ETA 750 and I-140.
That covers everything. Labor cert has job description. 140 has other credentials. If a letter with 485 says that job offer is still valid a per job described in labor and 140, that covers everything.
more...
abqguy
09-16 03:35 PM
Will call the rest during my next break :)
xu1
08-24 07:40 PM
Here's a link to a presentation that IV prepared in May for lawmakers. Page 13 has visa availabilities for indians in FY05. Take a look.. The slides has made a strong case with lots of facts compiled together. You can present the slides to your lawmakers or their staff, or the media if you get a chance..
http://immigrationvoice.org/media/ImmigrationVoice_Background_for_Media.pdf
Page 13:
soft quota---- ---- india actual approval---- spill over from ROW
2,803 ---- ---- ---- 6,336 ---- ---- ---- 3,533
2,803 ---- ---- ---- 16,687 ---- ---- ---- 13,884
2,803 ---- ---- ---- 23,399 ---- ---- ---- 20,596
Total
8,408 ---- ---- ---- 46,422 ---- ---- ---- 38,014
http://immigrationvoice.org/media/ImmigrationVoice_Background_for_Media.pdf
Page 13:
soft quota---- ---- india actual approval---- spill over from ROW
2,803 ---- ---- ---- 6,336 ---- ---- ---- 3,533
2,803 ---- ---- ---- 16,687 ---- ---- ---- 13,884
2,803 ---- ---- ---- 23,399 ---- ---- ---- 20,596
Total
8,408 ---- ---- ---- 46,422 ---- ---- ---- 38,014
ita
01-23 10:06 AM
Hi,
When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)
They changed the visa fee this year (2008).
The message on the vfs site says all those with HDFC receipt# obtained last year should try and get visa appointment before Jan/31/08.
What can I do now?
There is also no way I can put my name in the signature box while filling the application.(When the application is filled by someone not parents themselves they ask for siganture of the person filling the application )
What should we do in this case as we are filing online?
Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
Will there be any problem in visa approval for parents.
Thank you.
When I go online to get the visa appointment for parents I'm not able to get a date and this has been going since 25 days(It asks to check back in 24 hours)
They changed the visa fee this year (2008).
The message on the vfs site says all those with HDFC receipt# obtained last year should try and get visa appointment before Jan/31/08.
What can I do now?
There is also no way I can put my name in the signature box while filling the application.(When the application is filled by someone not parents themselves they ask for siganture of the person filling the application )
What should we do in this case as we are filing online?
Will there be any problem when you don't have H1 stamping on the passport (but have valid H1 and have EAD and AP)
Will there be any problem in visa approval for parents.
Thank you.
mrajatish
05-14 06:43 PM
Same here - keep the good job going
shivarajan
01-26 03:12 PM
is OP a rant? :rolleyes:
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