sri1309
09-17 07:31 AM
Infopass would not hurt.....so just take Infopass to ease ur mind. Explain to the IO ur exact situation & ask them to confirm if ur 485 is ok. u will have the answer from the horse's mouth/
I would infopass and make sure everything is right. Its good to make sure everytihing is set right, to have peace of mind later, even if it takes to pay some money to an very good attorney (just in case your guys isnt very good)
Sri.
I would infopass and make sure everything is right. Its good to make sure everytihing is set right, to have peace of mind later, even if it takes to pay some money to an very good attorney (just in case your guys isnt very good)
Sri.
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vxg
08-31 12:11 PM
I am also in the same boat. I am Aug 2007 filer. I got an interview at local office on Feb 2009 to check on my vaccination papers.. They told me my papers will be at their office until the dates become current, and that they will issue Finger print notice before apprving the case(when the date become current) that as my FP was close to expiry then. They gave me a letter that said only contact them 30 days after the dates become current. I havent got the FP notice yet. Not sure if I should contact the local office.
I suggest call the service center (texas or nebraska) where your case is as cases are approved by TSC or NSC not by field offices.
I suggest call the service center (texas or nebraska) where your case is as cases are approved by TSC or NSC not by field offices.
alisa
08-03 10:45 AM
I am starting this thread for people who are still waiting for their I-140 approvals.
There is a thread about the delay in I-140 approvals at TSC. However, from what I can tell by looking at data, NSC is worse than TSC.
The processing dates suggest that NSC is looking at March 2007 I-140 applications. But thats what they have been saying for the last three months.
In December 07, the processing dates for NSC EB3 were at January 2007.
In July 2008, the processing dates (NSC, EB3) are at March 2007.
We are witnessing the birth of another 'backlog elimination center.' This must be pointed out, so that there is a chance that this could be stopped.
There is a thread about the delay in I-140 approvals at TSC. However, from what I can tell by looking at data, NSC is worse than TSC.
The processing dates suggest that NSC is looking at March 2007 I-140 applications. But thats what they have been saying for the last three months.
In December 07, the processing dates for NSC EB3 were at January 2007.
In July 2008, the processing dates (NSC, EB3) are at March 2007.
We are witnessing the birth of another 'backlog elimination center.' This must be pointed out, so that there is a chance that this could be stopped.
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pasupuleti
02-13 05:04 PM
We met our san jose(CA) congressman Mike Honda (http://honda.house.gov/). We had good session with his staff. His office is in the process of writting a letter to Backlog centers asking them for speeding up approvals.Their office is well aware of backlog issues. Once they get a response back from DOL, they would let us know.
more...
vfwlkr
04-14 08:13 PM
I am surprised you didnt get your GC around july,2007. are you stuck in namecheck?. Nope, I took an Infopass appointment in august 2007 and they informed me namecheck was clear and now I just need to wait for the case to be processed. Then the priority date retroregressed again until March. I've asked my employer's immigration lawyers to check on the status. Status due in 45 days !
shree772000
08-21 05:41 PM
Usually lawyers refrain from setting these king of dates....I am talking abt resonablely fair ones.
I feel its ur stupid act to know what other people think...You should have asked instead of "Lawyer Says...".
Noone can say when ur perticular case will be adjudicated, and I mean Noone.
I feel its ur stupid act to know what other people think...You should have asked instead of "Lawyer Says...".
Noone can say when ur perticular case will be adjudicated, and I mean Noone.
more...
abuddyz
02-01 08:58 AM
i know one person who had applied for H1 from 2 different employes and both his H1 got approved.. he was coming to US on H1 first time.. he went for visa stamping for one employer and got successfully.. he is in US right now and came before few weeks.. (note that he did have prior H1 and visa stamp but he never came to US on that H1.. he did come to US once but on B1 visa..)
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villamonte6100
06-27 11:05 AM
Why are you trusting your lawyer if they cannot even remember where the A# came from? Makes me wonder how they justify their existence if this the level of their competence. If I was that bad at my job I would have been on a plane out of the US within a week or arriving.
She's a good lawyer and I trust her and she has made a lot of successful H's, I140, Labor and GC cases. Very honest as well. So far in my case, we never had any problems and everything went smooth particularly when we were filing my PERM (which was very new during that time), she was really very cautious about it.
Regarding the A# which I pointed out to her, I actually confused her with my question. With the number of cases she's preparing right now, I think she just forgot where you could find the A#.
She's a good lawyer and I trust her and she has made a lot of successful H's, I140, Labor and GC cases. Very honest as well. So far in my case, we never had any problems and everything went smooth particularly when we were filing my PERM (which was very new during that time), she was really very cautious about it.
Regarding the A# which I pointed out to her, I actually confused her with my question. With the number of cases she's preparing right now, I think she just forgot where you could find the A#.
more...
himu73
07-09 10:46 AM
I will move the thread. But I plead that please keep this thread. We are together for a cause and should not limit ourselves only to immigration. This shows that we also active as a social group.
I Agree. Guys not to be mean or anything but let us please restrict ourselves to IMMIGRATION related matters ONLY.
Also whoever started the thread pls start the thread in the miscallaneous section and NOT under IV Agenda and Legislative Updates
I Agree. Guys not to be mean or anything but let us please restrict ourselves to IMMIGRATION related matters ONLY.
Also whoever started the thread pls start the thread in the miscallaneous section and NOT under IV Agenda and Legislative Updates
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gsc999
09-10 01:33 AM
It is recommended that we wear formal suits while meeting with the lawmakers to project a professional image.
Having said that, like a theater artist, we will need to make a change to IV T-shirts for the rally & while doing volunteer work.
You guys can still order from the CafePress and receive the delivery by Friday night, try expedited shipping options.
Hope this helps.
Having said that, like a theater artist, we will need to make a change to IV T-shirts for the rally & while doing volunteer work.
You guys can still order from the CafePress and receive the delivery by Friday night, try expedited shipping options.
Hope this helps.
more...
sanju
04-17 01:08 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have give a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase.
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
I truly understand your position my friend and feel sorry to see you go though this.
Here is my suggestion -
Start going to doctor complaining for chest pains, stress, lack of sleep etc. Sign the contract and get your green card. After getting the green card, sue the employer for harassment, exploitation, metal trauma and stress by showing the medical record and visitations with the doctor. And don't worry about this contract, it is illegal and non-enforceable. So don't worry about it and sign it with closed eyes without a second thought. If I were you, I would do the exact same thing.
I think some employers are good and they take care of employees. And like everywhere else in the world, some employers are exploitative and the law doesn't provide provisions to protect/empower the H1b/non-immigrant employees. On top of that, IEEE and Ron Hira want all of us out and are working to put in harsher conditions. They are not suggesting change in law to empower us to prevent any chance of exploitation. So we need to organize ourselves and become part of one organization that could represent us all.
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
I truly understand your position my friend and feel sorry to see you go though this.
Here is my suggestion -
Start going to doctor complaining for chest pains, stress, lack of sleep etc. Sign the contract and get your green card. After getting the green card, sue the employer for harassment, exploitation, metal trauma and stress by showing the medical record and visitations with the doctor. And don't worry about this contract, it is illegal and non-enforceable. So don't worry about it and sign it with closed eyes without a second thought. If I were you, I would do the exact same thing.
I think some employers are good and they take care of employees. And like everywhere else in the world, some employers are exploitative and the law doesn't provide provisions to protect/empower the H1b/non-immigrant employees. On top of that, IEEE and Ron Hira want all of us out and are working to put in harsher conditions. They are not suggesting change in law to empower us to prevent any chance of exploitation. So we need to organize ourselves and become part of one organization that could represent us all.
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sharadara
09-01 12:05 AM
Hi,
Hoping to get your opinion on my situation.
I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
What are my options here? Some of the avenues I am exploring:
a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
c. Any other opinion
I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
Thanks very much for your help.
- Sharada
Hoping to get your opinion on my situation.
I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
What are my options here? Some of the avenues I am exploring:
a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
c. Any other opinion
I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
Thanks very much for your help.
- Sharada
more...
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BEC_fog
04-23 10:55 AM
Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
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thamizhan
07-17 10:15 PM
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/17/AR2007071701582.html
more...
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vxg
08-31 02:03 PM
Best thing is to apply AP online. I did the same and got the FP notice 2nd time. Planning to do it again this year end.
kanaka
The FP done for AP does not apply to I-485, the two are separate.
kanaka
The FP done for AP does not apply to I-485, the two are separate.
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rharan
05-02 02:29 PM
Hello All,
My RIR (EB3) is still pending and the PD is Nov 2004.
My Perm (EB3) got approved April 2007.
Now I'm on 7th year H1b based on my RIR date.
If i file 140 based PERM and PD will be april 2007, If approved I'm eligible for 3 years H1 extension.
What happen if my RIR got approved? Can I file another I140 and retain my PD as Nov 2004?
Pl. advice.
Thanks
My RIR (EB3) is still pending and the PD is Nov 2004.
My Perm (EB3) got approved April 2007.
Now I'm on 7th year H1b based on my RIR date.
If i file 140 based PERM and PD will be april 2007, If approved I'm eligible for 3 years H1 extension.
What happen if my RIR got approved? Can I file another I140 and retain my PD as Nov 2004?
Pl. advice.
Thanks
more...
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bestia
07-19 01:03 PM
My lawyer did not ask for Tax return for filing i-485 .He just asked for W-2's only ??
Is Tax Return for last 3 years is required document ?
Tax returns absolutely not required. Even W2s are not required. But without W2s USCIS will more likely issue RFE, they would want to see them. My accountant told me that a lot of his clients received RFEs for tax returns, so it's good to have them in right order in case...
Your tax returns will show the case if you worked also for someone else illegaly - USCIS might want to verify that.
Is Tax Return for last 3 years is required document ?
Tax returns absolutely not required. Even W2s are not required. But without W2s USCIS will more likely issue RFE, they would want to see them. My accountant told me that a lot of his clients received RFEs for tax returns, so it's good to have them in right order in case...
Your tax returns will show the case if you worked also for someone else illegaly - USCIS might want to verify that.
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singhsa3
07-12 02:03 PM
Do you know which thread? I tried some searching but I found a poll but not the details of 485 that were rejected
Misha,
There is already a thread for this topic, please don't open new threads it hard to follow all these new threads. If you don't find it PM i will send it to you.
Thanks
Misha,
There is already a thread for this topic, please don't open new threads it hard to follow all these new threads. If you don't find it PM i will send it to you.
Thanks
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desighee
07-30 12:45 PM
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Widget
06-05 11:33 AM
Take my word, your case will be approved soon. I had the same wording when my I-140 application was transferred fro CSC to TSC and I received the approval notice in one month. Relax.
My I-140 case status (NSE) used to say 150-180 days, now no more time line words in the status. Just they say they will notify you when decision is made, I thought that was because I 140 premium is coming soon, they changed the wording.
My I-140 case status (NSE) used to say 150-180 days, now no more time line words in the status. Just they say they will notify you when decision is made, I thought that was because I 140 premium is coming soon, they changed the wording.
krithi
04-23 12:38 PM
First of Change the subject of this thread. This is confusing to state that your I485 is already denied.
To your question:
1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.
2. Opening MTR takes months, if you are lucky then it might be quick.
Now a question to you.
1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.
The safe bet:
That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.
Just my thoughts, better consult with a lawyer if you are in such a situation.
Good luck.
Raj
Raj,
Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
To your question:
1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.
2. Opening MTR takes months, if you are lucky then it might be quick.
Now a question to you.
1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.
The safe bet:
That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.
Just my thoughts, better consult with a lawyer if you are in such a situation.
Good luck.
Raj
Raj,
Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.
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