lazycis
02-28 12:29 PM
Are they going to approve cases which was filed during July 2007 with 2006 or 2007 priority dates, if they fall under namecheck issue.
Please share your thoughts on this.
No, because those cases are not outside of processing times.
Please share your thoughts on this.
No, because those cases are not outside of processing times.
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styrum
07-16 11:26 PM
After getting the EAD/AP within three months, I don't think our problem is solved already. We will be at certain point in time be in the same situation as the poster above.
Who told you that you will get EAD/AP in three months. Nothing will prevent USCIS to develop backlogs in EAD/AP too now. "Oh there were so many filed in June/July so that we can't process them that fast anymore...":cool:
Who told you that you will get EAD/AP in three months. Nothing will prevent USCIS to develop backlogs in EAD/AP too now. "Oh there were so many filed in June/July so that we can't process them that fast anymore...":cool:
greatguy
11-13 09:20 AM
I have prior bitter experience in taking employer to court - and my take is, it is not worth it. Here is my story:
At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.
I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.
I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.
I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.
There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.
The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.
At one point, my employer owed me over 20k+ in backwages and unpaid overtime. I threatened him to going to court and he paid about 5k.
I then submitted a formal complaint to virginia department of labor, who sent it to me back stating 'since a formal employment agreement is *in place*, they are will not interfere' and directed me to go to the courts. Two months passed.
I then filed a case against my employer in the small claims court in California, where my employer resides. Small claims courts can adjudicate upto 5k. They took my case and asked me to be physically present in the court. Visiting CA, salary loss, hotel etc, would add upto 1k. Also, if the employer does not show up, I need to file another case in the normal court for attaching his property. Long shot and therefore withdrew the case.
I then contacted an attorney; surprisingly most of the attorneys did not want to take up my case( unless I have a company). Finally, one guy offered to take up the case, but insisted on paying him 4k upfront as retention fees and $200/hr rate. With no certainity of making my employer pay, I did not pursue.
There was a happy ending though.I bluffed to my employer that my team is hiring big time and I can get him some business, but before doing so, he should pay me all the past dues. I conducted some mock interviews through my friends to make the drama look real. Presto, he paid me every penny.
The whole cycle took over a year and then I resigned, going back to square on green card; but atleast had the money.
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hebbar77
05-18 07:06 PM
It seems like you believe in all or nothing.
With such an attitude we will end up with nothing.
Did you vote against Masters quota for H1B??
I ONLY believe in MERITT based system.
I never voted against anything so far!!:D
With such an attitude we will end up with nothing.
Did you vote against Masters quota for H1B??
I ONLY believe in MERITT based system.
I never voted against anything so far!!:D
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DSJ
06-19 03:53 PM
In a way it is always RD, even if it is retrogressed, they process by RD within the eligible cases with some exception scenarios.
I think when its current then its the I-485 RD. If its retrogressed then your PD is very important.
I think when its current then its the I-485 RD. If its retrogressed then your PD is very important.
GCBy3000
01-02 11:41 AM
1. Find an employer who is willing to H1 sponsorship.
2. The filing data starts by April 1st I beleive. Check with attorney.
3. Make sure your future employer does all the paper work required to file an H1. Ex. adv etc etc. Do not wait until April as the quota gets over in very short span of time. May be in few days.
4. Make sure you have all the paper work ready by march end and file it on April 1st or 2nd.
5. Check with attorney whether you need stamping to start working. I dont think so, but make sure. If you need a stamping, make proper arrangements to get it stamped. Once all are done, you are ready to rock from OCT 2007.
Time consuming part is finding an employer to do H1 and working with them to all the ground work before April 2007. Good luck.
Hi Group,
Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?
Thanks in advance.
2. The filing data starts by April 1st I beleive. Check with attorney.
3. Make sure your future employer does all the paper work required to file an H1. Ex. adv etc etc. Do not wait until April as the quota gets over in very short span of time. May be in few days.
4. Make sure you have all the paper work ready by march end and file it on April 1st or 2nd.
5. Check with attorney whether you need stamping to start working. I dont think so, but make sure. If you need a stamping, make proper arrangements to get it stamped. Once all are done, you are ready to rock from OCT 2007.
Time consuming part is finding an employer to do H1 and working with them to all the ground work before April 2007. Good luck.
Hi Group,
Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?
Thanks in advance.
more...
quizzer
08-14 07:42 PM
I have a pending AOS (I-485) application
filed by my previous employer (company A). The I-140 is approved and is well
past 180 days. I moved from company A to company B in late April
2008. They did an H1 transfer and filed for AOS portability under
AC21. I did not like the role there, so had planned a move to Company C, my current employer - again H1 transfer and AC21 (yet to
be filed). Just before I moved, I got another offer from company D
(which I believe best fits my long term career interests). I would've
avoided the hop to company C had I not given the notice to leave at
Company B. Now, I am looking to move to company D at the earliest (perhaps in a month). I have
been at company C for 4 weeks now.
Question:
Should company C file an AC21? Since there is already an AC21 on file (by
company B) and if I will move to company D, can I reduce one additional AC21
filing? This is just so that there aren't 3 Ac21s filed and to avoid
making me look frivolous. Please advice. If its safer to file it, I
can request an AC21 filing soon from company C.
I'm not sure about your question. I want to congratulate you on getting multiple offers in this economy.
Just curious to know your skill set and location?
All the best!!!
filed by my previous employer (company A). The I-140 is approved and is well
past 180 days. I moved from company A to company B in late April
2008. They did an H1 transfer and filed for AOS portability under
AC21. I did not like the role there, so had planned a move to Company C, my current employer - again H1 transfer and AC21 (yet to
be filed). Just before I moved, I got another offer from company D
(which I believe best fits my long term career interests). I would've
avoided the hop to company C had I not given the notice to leave at
Company B. Now, I am looking to move to company D at the earliest (perhaps in a month). I have
been at company C for 4 weeks now.
Question:
Should company C file an AC21? Since there is already an AC21 on file (by
company B) and if I will move to company D, can I reduce one additional AC21
filing? This is just so that there aren't 3 Ac21s filed and to avoid
making me look frivolous. Please advice. If its safer to file it, I
can request an AC21 filing soon from company C.
I'm not sure about your question. I want to congratulate you on getting multiple offers in this economy.
Just curious to know your skill set and location?
All the best!!!
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acecupid
07-07 04:29 PM
i am starting to wonder, if you are for real. your profile is empty. All your previous posts are derogatory and you accused the american president in your previous posts. I am wondering whats the basis you are here in IV and if you a green card case that you have applied and waiting..
This guy 'oscarzumaran' just got his GC, thats the reason he has turned an anti-immigrant now.... "I'm in so let me close the door on everyone else".. that seems to be his theory! :D
This guy 'oscarzumaran' just got his GC, thats the reason he has turned an anti-immigrant now.... "I'm in so let me close the door on everyone else".. that seems to be his theory! :D
more...
crystal
07-08 01:24 PM
Gnadhigiri on http://www.immigration-law.com/
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eb_retrogession
04-01 07:03 PM
Faxes sent.
Thanks everyone for your hardwork.
Thanks everyone for your hardwork.
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morchu
11-03 02:09 PM
I think most of EB3I and EB2I are missing one point.
EB3I didn't loose anything by the change in spillover policy few years back.
It is EB3-world who lost. Obviously EB2I and EB2C was on the gainers side.
EarlierSpillover EB1row->EB2row->EB3row->EB1I/C->EB2I/C->EB3I/C
CurrentSpillover EB1row->EB1I/C->EB2row->EB2I/C->EB3row->EB3I/C
(or to be more precise, it is currently EB1->EB2->EB3 since spill overs are not considering country based limitations)
Either way EB3I was last in the que. So nothing changed for EB3I or EB3C.
EB2I or EB2C on the other hand moved ahead of EB3row, that is very noticeable.
EB1I/C also moved ahead of EB2row, by this is not that noticeable, since all these categories were close to "current" either way.
In summary, you change the spillover whatever way.... EB3I is always going to be at the end of the line, least benefiting from any spill over.
-Morchu
I hope once DOS decides to change the spillover and give the extra visas to Eb3 (whoever ROW , India....). The ensuing discussions from from the self glorified EB2 crowd here would make for an entertaining reading. I would like to see how much they enjoy the predictions after that.
EB3I didn't loose anything by the change in spillover policy few years back.
It is EB3-world who lost. Obviously EB2I and EB2C was on the gainers side.
EarlierSpillover EB1row->EB2row->EB3row->EB1I/C->EB2I/C->EB3I/C
CurrentSpillover EB1row->EB1I/C->EB2row->EB2I/C->EB3row->EB3I/C
(or to be more precise, it is currently EB1->EB2->EB3 since spill overs are not considering country based limitations)
Either way EB3I was last in the que. So nothing changed for EB3I or EB3C.
EB2I or EB2C on the other hand moved ahead of EB3row, that is very noticeable.
EB1I/C also moved ahead of EB2row, by this is not that noticeable, since all these categories were close to "current" either way.
In summary, you change the spillover whatever way.... EB3I is always going to be at the end of the line, least benefiting from any spill over.
-Morchu
I hope once DOS decides to change the spillover and give the extra visas to Eb3 (whoever ROW , India....). The ensuing discussions from from the self glorified EB2 crowd here would make for an entertaining reading. I would like to see how much they enjoy the predictions after that.
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enggr
09-28 01:47 AM
I thank everyone for taking interest in my case and giving valuable advices.
Yes, the lawyer should have checked this and filed on EB3 to begin with. If he had suggested a potential hindrance like this, I wouldn't have agreed to file the case under EB2. The way it happened was, employer and attorney requested all my details and decided to go with EB2. I didn't even know the complete requirements of EB2 at that time as I had a belief that EB2 is only for Masters degree. Because the employer + attorney recommended EB2 I signed up for that.
I have requested my employer to start a new PERM as soon as possible.
I am very much looking forward for interfiling my old I-485 with the new I-140. My attorney is saying its not possible. (Maybe he's very less experienced in these matters).
"during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485"
Can you please shed some more light on that so that I can argue with my attorney. Any links regarding this would be really helpful. Any piece of information/case history would be helpful to argue with my lawyer.
AkhilMahajan,
The university gives different marksheets for supplementary exam. There's a consolidated one too.
insbaby,
You are right. EB3 is the safest one. I never tried to take advantage of EB2. The whole mistake was due to improper knowledge from my side about EB2 and wrong evaluation by the attorney. I am looking for all ways to convert this case into EB3. My attorney is saying that we can't file a new I-140 under EB3. The only way to continue this case is to request the EB3 conversion as part of the RFE response. Then, INS should agree to the change in a return letter which can be followed by the I-140 application amendment or new I-140 application.
quizzer,
The I-140 filing date was Nov 2006.
Ramba,
You are very correct. I have requested my attorney to change the category from EB2 to EB3. he said it can be done only as a formal request during RFE response. The attorney has requested my employer to modify the job requirement from EB2 to EB3. I think we are safe at the labor certification as it doesn't ask progressive experience. Labor is asking for Bachelors degree and 5 years of experience which I have. I have no plans to move out of H1b until I-140 is approved.
cnndwag,
I didn't run away. Today I was running behind my attorney and employer to save this case under EB3. I didn't fake my experience as I finished my course well before starting my first job. IO caught the discrepancy which should have been caught by my attorney long before. Just to re-iterate I never tried to expedite the process by filing under EB2. In fact I was ignorant about EB2 till the case was filed.
Dreamworld,
I am very disappointed by the law you mentioned
"PERM does not allow to change from EB2 to EB3"
Can you send me some links to read more in this respect? But fact is a fact. I appreciate you pointing out things like this.
One of my friend tole me yesterday to request DOL (dept. of labor) to request for a reclassification which should come in 3 weeks. But my lawyer said that classification doesn't happen at labor level and all it matters there is what is specified in newspaper ad and labor requirement (bachelors and 5 yrs exp).
Yes, the lawyer should have checked this and filed on EB3 to begin with. If he had suggested a potential hindrance like this, I wouldn't have agreed to file the case under EB2. The way it happened was, employer and attorney requested all my details and decided to go with EB2. I didn't even know the complete requirements of EB2 at that time as I had a belief that EB2 is only for Masters degree. Because the employer + attorney recommended EB2 I signed up for that.
I have requested my employer to start a new PERM as soon as possible.
I am very much looking forward for interfiling my old I-485 with the new I-140. My attorney is saying its not possible. (Maybe he's very less experienced in these matters).
"during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485"
Can you please shed some more light on that so that I can argue with my attorney. Any links regarding this would be really helpful. Any piece of information/case history would be helpful to argue with my lawyer.
AkhilMahajan,
The university gives different marksheets for supplementary exam. There's a consolidated one too.
insbaby,
You are right. EB3 is the safest one. I never tried to take advantage of EB2. The whole mistake was due to improper knowledge from my side about EB2 and wrong evaluation by the attorney. I am looking for all ways to convert this case into EB3. My attorney is saying that we can't file a new I-140 under EB3. The only way to continue this case is to request the EB3 conversion as part of the RFE response. Then, INS should agree to the change in a return letter which can be followed by the I-140 application amendment or new I-140 application.
quizzer,
The I-140 filing date was Nov 2006.
Ramba,
You are very correct. I have requested my attorney to change the category from EB2 to EB3. he said it can be done only as a formal request during RFE response. The attorney has requested my employer to modify the job requirement from EB2 to EB3. I think we are safe at the labor certification as it doesn't ask progressive experience. Labor is asking for Bachelors degree and 5 years of experience which I have. I have no plans to move out of H1b until I-140 is approved.
cnndwag,
I didn't run away. Today I was running behind my attorney and employer to save this case under EB3. I didn't fake my experience as I finished my course well before starting my first job. IO caught the discrepancy which should have been caught by my attorney long before. Just to re-iterate I never tried to expedite the process by filing under EB2. In fact I was ignorant about EB2 till the case was filed.
Dreamworld,
I am very disappointed by the law you mentioned
"PERM does not allow to change from EB2 to EB3"
Can you send me some links to read more in this respect? But fact is a fact. I appreciate you pointing out things like this.
One of my friend tole me yesterday to request DOL (dept. of labor) to request for a reclassification which should come in 3 weeks. But my lawyer said that classification doesn't happen at labor level and all it matters there is what is specified in newspaper ad and labor requirement (bachelors and 5 yrs exp).
more...
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virtual55
04-01 06:18 PM
Just sent faxes 10 and 11.
I recommend sending an email to all members of IV as we have very less time to send faxes this time.
I recommend sending an email to all members of IV as we have very less time to send faxes this time.
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cjagtap
08-01 12:12 PM
great let me know once you see any activity..my 140 too was approved from TSC,how bout u?
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eb3_nepa
02-12 12:01 PM
HI ..most the CP filers are in US and contribute to Immigration Voice regularly. You can say by mistake or something else some people chose to go for Consular Processing when dates became current and they all are in bad shape at this time. If you think about those who applied for Cp being in US then you would realise 485 filers are too much priviledged in comparison of them.
Thank
If you are IN the US why are you filing for CP?
Thank
If you are IN the US why are you filing for CP?
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yagw
08-20 02:26 PM
Expedite request approved yesterday. Hopeful.....
how did you expedite?
how did you expedite?
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americandesi
01-04 03:03 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..!!!!
Yeah right! Do you really think that these women would qualify for skilled labor under H1?
Anyway, they could try getting their LCA with following information and apply for H1.
Client � Husband
List of duties - Nagging, sobbing, yelling, demanding, gossiping, fighting, scolding, complaining, irritating, urging, nerve-racking, tormenting, annoying, upsetting
Work location � His peace of mind
Work duration � Equivalent to his lifespan
Prevailing wage - Equivalent to his entire earnings
Finally a kind hearted IO might think that they are really something and approve the petition ;).
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..!!!!
Yeah right! Do you really think that these women would qualify for skilled labor under H1?
Anyway, they could try getting their LCA with following information and apply for H1.
Client � Husband
List of duties - Nagging, sobbing, yelling, demanding, gossiping, fighting, scolding, complaining, irritating, urging, nerve-racking, tormenting, annoying, upsetting
Work location � His peace of mind
Work duration � Equivalent to his lifespan
Prevailing wage - Equivalent to his entire earnings
Finally a kind hearted IO might think that they are really something and approve the petition ;).
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Anna35
09-19 03:20 PM
You know that's my point. do you really think we can't do nothing more?.....
we are highly sklilled smart and great immigrants creating the new America of the 21st century we can't just say, thats it lets wait.....
This country is about money, and we have the tremendous advantage that elections are coming, lets see the big picture.. why dont we jump to the next level from street protesters to work with one of the candidates or 2 or 3 , if they see money they will push our cause. Lets work on that now...
So those guys who attended the hearings or met with senators. what was the result? what did they accomplished? did they get the opportunity to participate with the senator or law maker in an action plan? or we just wasted that opportunity asking for autographs? please those guys post your comments.
I'm no negative just wondering how to measure the success of the rally?
we are highly sklilled smart and great immigrants creating the new America of the 21st century we can't just say, thats it lets wait.....
This country is about money, and we have the tremendous advantage that elections are coming, lets see the big picture.. why dont we jump to the next level from street protesters to work with one of the candidates or 2 or 3 , if they see money they will push our cause. Lets work on that now...
So those guys who attended the hearings or met with senators. what was the result? what did they accomplished? did they get the opportunity to participate with the senator or law maker in an action plan? or we just wasted that opportunity asking for autographs? please those guys post your comments.
I'm no negative just wondering how to measure the success of the rally?
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Ramba
08-07 06:04 PM
Can you back date your marriage during marriage registration?
This is called fraud. Dont advise fradulnant practice. If they find, the sufferer is not you.
Student visa also is not an ideal option. If consulate finds that the spouse is a LPR, they will deny the student visa, as student visa is a pure non-immigrant visa.
This is called fraud. Dont advise fradulnant practice. If they find, the sufferer is not you.
Student visa also is not an ideal option. If consulate finds that the spouse is a LPR, they will deny the student visa, as student visa is a pure non-immigrant visa.
wahwah
06-05 06:43 PM
i think this is just another interim or supplemental memo. Oh's website says that the rule making agenda for ac21 has been pushed out until next year.
About 2 weeks back Murthy posted an article in it's bulletin "new AC-21 regulations expected soon" http://www.murthy.com/mb_pdf/050208_P.html which i believe was a result of some discussions USCIS had with AILA?
Now is this new AC-21 memo released today the one being referred to in the above mentioned Murthy bulletin? OR i should still hold my breath for more AC-21 changes coming from USCIS, so they can jeopardize status of people by changing their interpretation of laws every now and then? Anyone?
About 2 weeks back Murthy posted an article in it's bulletin "new AC-21 regulations expected soon" http://www.murthy.com/mb_pdf/050208_P.html which i believe was a result of some discussions USCIS had with AILA?
Now is this new AC-21 memo released today the one being referred to in the above mentioned Murthy bulletin? OR i should still hold my breath for more AC-21 changes coming from USCIS, so they can jeopardize status of people by changing their interpretation of laws every now and then? Anyone?
eastindia
07-29 01:11 PM
The "diversity" is a celebrated argument in USA. However, it takes a backseat when doling out amnesty. And "justice" is also important, and you can't sacrifice something as important as Justice for "diversity", which is just a long-term-point-of-view concept
Why is there no country limits for asylum, lottery and Green cards for undocumented in CIR bill?
Why is there no country limits for asylum, lottery and Green cards for undocumented in CIR bill?
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