swamy
05-21 11:55 PM
This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.
I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.
Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.
yes this is true (confirmed it with a top law firm)- but 140 needs to have been approved though and pd shouldnt be current. and you need to get the h1 stamped too.
I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.
Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.
yes this is true (confirmed it with a top law firm)- but 140 needs to have been approved though and pd shouldnt be current. and you need to get the h1 stamped too.
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pappu
12-01 04:44 PM
Thanks for your input guys. can the job description be changed now for an labor petition that has been filed before? My lawyer made me fill a questionnare and lot of other things about what I do. She picked up main lines from my resume and filled it up on my job description.
I dont think you can change now.
However this is something we all need to watch out when labor is filed/during the GC process. Review all the papers before they are submitted. Sometimes lawyers dont show it but you must try to insist on seeing them especially if you are paying for your GC process.
I dont think you can change now.
However this is something we all need to watch out when labor is filed/during the GC process. Review all the papers before they are submitted. Sometimes lawyers dont show it but you must try to insist on seeing them especially if you are paying for your GC process.
rayen
02-05 02:39 PM
Our cases are assigned to IO more that 60 days ago. No LUD's sofar.
Called VSC, One officer told me that they have thousands of cases pending. :confused:
Any one got GC recently and pending with IO more that 60 days ?
Appricaite comments and advice.
Chris,
How did you reach to the IO (Officer ) to know your status , is there any number/ options..
Please advice.
Thanks.
Called VSC, One officer told me that they have thousands of cases pending. :confused:
Any one got GC recently and pending with IO more that 60 days ?
Appricaite comments and advice.
Chris,
How did you reach to the IO (Officer ) to know your status , is there any number/ options..
Please advice.
Thanks.
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ck_b2001
07-17 07:05 PM
You need to be in US untill you recieve "Reciept of Notice". For those who filed Jul 2nd may be a special case as untill today it was thought to be rejected. In this situation i dont know how that rule will apply. On your return you have to show the 485 reciept notice along with your valid H1/H4 Visa (if Travel document is pending) to enter to US. It may mess up the database at POE if you do not mention pending 485.
I would advise you seek legal advice if you have filed on Jul 2nd and you or your spouse has or is travelled (ing) abroad.
My wife was planning on travelling next week and she has to cancell her trip to be safe.
I would advise you seek legal advice if you have filed on Jul 2nd and you or your spouse has or is travelled (ing) abroad.
My wife was planning on travelling next week and she has to cancell her trip to be safe.
more...
Googler
06-18 05:10 PM
Our beloved DHS secretary Chertoff says on June 14, 2007:
http://www.dhs.gov/xnews/speeches/sp_1181915713176.shtm
"know Secretary Gutierrez is also dedicated, as am I, to working very hard with members of Congress. We've been up there probably more than in our own offices over the last couple months, trying to make sure that members understand that comprehensive reform, while not perfect, offers the best chance to get all the sectors of the economy what they need in terms of work, offers the opportunity to deal humanely with what is a continuing social problem, and from my standpoint, offers us the best opportunity to maximize our efforts on national security, because, as I have said time and again, when I have agents out hunting illegal lettuce pickers, waiters and housekeepers, they're not chasing drug dealers, criminals and terrorists. I, frankly, think the drug dealers, criminals and terrorists are the biggest threat to this country."
Then why the hell are law abiding scientists, tech workers, students et al being subjected to these kafka-esque name checks?? Seriously. I think we should start bombarding Congressional offices and Chertoff et all with phone calls. Now that the Ombudsman's data is out, USCIS and FBI can no longer say what they have been saying all these years, that the scale of the problem is miniscule.
Instead in CIR Section 531 (COMPLETION OF BACKGROUND AND SECURITY CHECKS) takes away the right for courts to rule on writs of mandamus filings:
"(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts."
Sen. Obama and Rep. Gutierrez introduced the Citizen Promotion Act in March 2007. The bill has a provision that asks for a namecheck to be completed in 90 days (also includes mumbo jumbo about GAO studying the problem, but the results are already in thanks to the Ombudsman).
See
http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.1379:
http://thomas.loc.gov/cgi-bin/query/z?c110:S.795:
We should enlist the co-sponsors of these bills to kill Sec 531 (k) and when CIR finally dies, to pass an amended version of the Citizen Promotion Act.
http://www.dhs.gov/xnews/speeches/sp_1181915713176.shtm
"know Secretary Gutierrez is also dedicated, as am I, to working very hard with members of Congress. We've been up there probably more than in our own offices over the last couple months, trying to make sure that members understand that comprehensive reform, while not perfect, offers the best chance to get all the sectors of the economy what they need in terms of work, offers the opportunity to deal humanely with what is a continuing social problem, and from my standpoint, offers us the best opportunity to maximize our efforts on national security, because, as I have said time and again, when I have agents out hunting illegal lettuce pickers, waiters and housekeepers, they're not chasing drug dealers, criminals and terrorists. I, frankly, think the drug dealers, criminals and terrorists are the biggest threat to this country."
Then why the hell are law abiding scientists, tech workers, students et al being subjected to these kafka-esque name checks?? Seriously. I think we should start bombarding Congressional offices and Chertoff et all with phone calls. Now that the Ombudsman's data is out, USCIS and FBI can no longer say what they have been saying all these years, that the scale of the problem is miniscule.
Instead in CIR Section 531 (COMPLETION OF BACKGROUND AND SECURITY CHECKS) takes away the right for courts to rule on writs of mandamus filings:
"(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts."
Sen. Obama and Rep. Gutierrez introduced the Citizen Promotion Act in March 2007. The bill has a provision that asks for a namecheck to be completed in 90 days (also includes mumbo jumbo about GAO studying the problem, but the results are already in thanks to the Ombudsman).
See
http://thomas.loc.gov/cgi-bin/query/z?c110:H.R.1379:
http://thomas.loc.gov/cgi-bin/query/z?c110:S.795:
We should enlist the co-sponsors of these bills to kill Sec 531 (k) and when CIR finally dies, to pass an amended version of the Citizen Promotion Act.
micofrost
07-16 05:59 PM
AILA/AILF
Another mess in creation or what. Whatever AILA/AILF is publishing is in stark contrast to IV and others.
What the hell is happening. I would love to believe IV but would hate to ignore AILA. IS AILA screwing up because they need some financial reimbursement too. From their press release, looks like we have a long ride ahead.
Another mess in creation or what. Whatever AILA/AILF is publishing is in stark contrast to IV and others.
What the hell is happening. I would love to believe IV but would hate to ignore AILA. IS AILA screwing up because they need some financial reimbursement too. From their press release, looks like we have a long ride ahead.
more...
gc_chahiye
08-01 01:39 PM
But dont you guys expect improvement after all this fiasco ?
DOS and USCIS will work closely together so dates in VB are more accurate. We dont see all Cs ever again without legislative changes.
What else is there to learn?
DOS and USCIS will work closely together so dates in VB are more accurate. We dont see all Cs ever again without legislative changes.
What else is there to learn?
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Rakson
03-03 06:58 PM
You have added important point for consideration. Thanks!
I am including response from Rajeev Khanna. I took paid consultation today and paid him $220 for above queries. He is excellent. I would recommend him for all immigration queries...
A. Can USCIS revoke extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
Rajeev >> USCIS can but they have not done this till today ( as per history in Rajeev's database).
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
Rajeev >> YES, they can. It is recommended to start before start of 7th year but not MUST.
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
Rajeev >> Yes, its possible if revoke is not due to fraud filing..
1. What kind of trend is there now a days on PERM labor approval? Lot of queries and rejections ?
Rajeev >> No, this is not true. USCIS is still approving as before.
2. Can my new PERM or I-140 be denied for any reason? It was approved for me twice in past.
Rajeev >> Yes, this could happen as every filing is new and handled from starting.
3. Can I keep running existing GC without continuing with old company? When should I join them back for safe GC processing? After GC? After EAD? During 485 filing?
Rajeev >> Ideally after GC you must join but it is recommended to join back during 485 filing.
4. My wife worked on L2+EAD for 3 years. Is L2+ EAD period counted towards 6 years work visa like (H1 + L1).
Rajeev >> No, L2+EAD period is not counted like H1 & L1.
I am including response from Rajeev Khanna. I took paid consultation today and paid him $220 for above queries. He is excellent. I would recommend him for all immigration queries...
A. Can USCIS revoke extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
Rajeev >> USCIS can but they have not done this till today ( as per history in Rajeev's database).
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
Rajeev >> YES, they can. It is recommended to start before start of 7th year but not MUST.
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
Rajeev >> Yes, its possible if revoke is not due to fraud filing..
1. What kind of trend is there now a days on PERM labor approval? Lot of queries and rejections ?
Rajeev >> No, this is not true. USCIS is still approving as before.
2. Can my new PERM or I-140 be denied for any reason? It was approved for me twice in past.
Rajeev >> Yes, this could happen as every filing is new and handled from starting.
3. Can I keep running existing GC without continuing with old company? When should I join them back for safe GC processing? After GC? After EAD? During 485 filing?
Rajeev >> Ideally after GC you must join but it is recommended to join back during 485 filing.
4. My wife worked on L2+EAD for 3 years. Is L2+ EAD period counted towards 6 years work visa like (H1 + L1).
Rajeev >> No, L2+EAD period is not counted like H1 & L1.
more...
belmontboy
01-19 04:05 PM
Not funny.
If an EB3 is so good he will not apply in EB3. He will apply in EB1. I am asking about people who were EB3 but became big after getting Green Card.
can name few who became "big" literally (--fat)
If an EB3 is so good he will not apply in EB3. He will apply in EB1. I am asking about people who were EB3 but became big after getting Green Card.
can name few who became "big" literally (--fat)
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anilsal
01-08 05:15 PM
the latest passport information once you got it..
more...
gcdreamer05
01-09 12:29 PM
Anotehr question in thsi regard, say ur I-94 expired and you applied for and got h1 renewal, and the new I-797 has the new I-94 in it, so we cut it from there and staple it to our passports ???
And when we leave the country we surrender both the I-94s ???
And when we leave the country we surrender both the I-94s ???
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sr123
02-11 10:13 AM
As per my understanding, the retrogression problem is due to the lack of suffucient number of visas.This number is specified by the law. Now that is what needs fixing and that has come from legislation from congress(and last I heard courts should not and cannot legislate.)
Courts or judiciary comes in only when the law is not being implemented correctly. So even if the law is lacking in some way the courts have to go by the law. The only cases where courts strike down laws are when they are against the basic structure of the constitution.
So what we need to find out is whether an existing law is being violated, then we have a case otherwise not. I dont think USCIS is violating a law. If anyone else finds information about any violation then we can pursue law suit option.
Courts or judiciary comes in only when the law is not being implemented correctly. So even if the law is lacking in some way the courts have to go by the law. The only cases where courts strike down laws are when they are against the basic structure of the constitution.
So what we need to find out is whether an existing law is being violated, then we have a case otherwise not. I dont think USCIS is violating a law. If anyone else finds information about any violation then we can pursue law suit option.
more...
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MahaBharatGC
10-13 10:57 AM
:confused:
Dear gurus,
I have one fundamental question.
why EAD renewal can take up to 3 months? (90 days). It just does not make sense. I can understand if it is fresh application OR it has been expired for quite sometime before applying for renewal. If it is fresh app, there might be some security checks, application verificaiton checks etc. But EAD Renewal is very simple. You were approved once, your application does not boast any address changes. All you are requesting is renewal based on pending I-485. No common sense!:eek:
This is very very unacceptable and shows the lazyness of USCIS in adjucating timely. But they are VERY TIMELY in increasing fees....:eek:
I know I am very furious but dont we think we should raise some momentum in allowing special processing for EAD renewal or allowing local offices to issue Renewals for EAD which has been eliminated now????
Sincerely...
Dear gurus,
I have one fundamental question.
why EAD renewal can take up to 3 months? (90 days). It just does not make sense. I can understand if it is fresh application OR it has been expired for quite sometime before applying for renewal. If it is fresh app, there might be some security checks, application verificaiton checks etc. But EAD Renewal is very simple. You were approved once, your application does not boast any address changes. All you are requesting is renewal based on pending I-485. No common sense!:eek:
This is very very unacceptable and shows the lazyness of USCIS in adjucating timely. But they are VERY TIMELY in increasing fees....:eek:
I know I am very furious but dont we think we should raise some momentum in allowing special processing for EAD renewal or allowing local offices to issue Renewals for EAD which has been eliminated now????
Sincerely...
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bluez25
10-29 07:00 PM
adds,
I understand your frustation since you might be one in the queue waiting for so long for GC, that dosnt mean that you are brave and other person not able to make a decision is chicken. Please respect each other and thats what we all do...
Please try to answer his questions since he is struggling to take a decision, if not please ignore and move on buddy...
SSH1... I think as other experts say in lot of other threads , there is no absolute law that you need to stay with the employer after getting GC.
You should be fine since everyone in this world can understand that this is a downstream period and lot of layoffs are happening..with that being the situation you should not worry now... stick where u get job and can survive.... Good Luck...
I understand your frustation since you might be one in the queue waiting for so long for GC, that dosnt mean that you are brave and other person not able to make a decision is chicken. Please respect each other and thats what we all do...
Please try to answer his questions since he is struggling to take a decision, if not please ignore and move on buddy...
SSH1... I think as other experts say in lot of other threads , there is no absolute law that you need to stay with the employer after getting GC.
You should be fine since everyone in this world can understand that this is a downstream period and lot of layoffs are happening..with that being the situation you should not worry now... stick where u get job and can survive.... Good Luck...
more...
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Rajeev
11-26 02:54 PM
Thanks - amits, iamgsprabhu, kartikiran, MunnaBhai, Rajeev, srinivas_o, SubaM99 - for your pledge of support. I also request you guys to post the contribution you plan to make ( except amits who has pleadge a contribution of $100 through PM to me).
Others, please come forward to pledge your support. Please post the amount of monetary contribution you intend to make for the rally, and then vote 'Yes' on the poll.
I will contribute $100. I am also planning to attend the rally.
Others, please come forward to pledge your support. Please post the amount of monetary contribution you intend to make for the rally, and then vote 'Yes' on the poll.
I will contribute $100. I am also planning to attend the rally.
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jackrabbit
04-09 01:32 PM
I guess you won't find much love for labor transfer cases in these forums but AFAIK AC21 has nothing to do with whom the labor was filed for.
more...
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DSLStart
07-25 09:51 AM
I too received an email couple of days back that my 140 which was approved in Dec 05 has been transfered from VSC to TSC. Wonder whats going on :confused:
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shreekarthik
06-13 03:57 PM
I got my LC two days ago apply 245i 05-26-01.On my LC it says B2 does this mean EB2 and whats my current status can I apply for 485i please advise me thakyou all.
If u applied under 245(I) I would highly doubt it would be EB2. I don't think the B2 implies any of the employment based category. Read your LC application and it will talk about sections like "Sec.203(b)(2)" etc. That should tell u which category you belong to.
BTW which country are u from ?
If u applied under 245(I) I would highly doubt it would be EB2. I don't think the B2 implies any of the employment based category. Read your LC application and it will talk about sections like "Sec.203(b)(2)" etc. That should tell u which category you belong to.
BTW which country are u from ?
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akilaakka
07-13 01:54 PM
Check law and Nirenr Joshi,
Mine was paper filed by Attorney.
Checklaw: There is nothing in the law that states you need to have AP continously. If you dont anticpate to travel then you dont need AP.
However if you are in EAD then it is advicable to have AP's as no one can predict emergenices.
Thanks
senthil
Mine was paper filed by Attorney.
Checklaw: There is nothing in the law that states you need to have AP continously. If you dont anticpate to travel then you dont need AP.
However if you are in EAD then it is advicable to have AP's as no one can predict emergenices.
Thanks
senthil
sweet_jungle
02-25 03:55 PM
If somebody wants to enter IT field from a non-IT background, any list of suggestions of the certifications and courses to be taken? There are so many of them that it is hard to choose.
zigma
04-04 07:14 AM
All the posts that I have seen on the forum are related to what we should ask for regarding ammendments and changes to the proposed bills.
Why don't we also offer our services in return for quick approval????
This is part of the idea that I had a while back after listening to Prez. Bush's address to the nation. He said that the fed will increase funding to increase the number of Science and Maths teachers. Well, why don't we offer our services. Anyone working in the STEM fields shall have to work for say 4 hours a week at local schools teaching Science/ Maths, etc. We know all desis can do that. Most have an engineering background or are good at math anyways.
This way the government can
1. solve the teacher shortage problem
2. provide more students (future generations) with the education
3. can actually show that legal immigrants add value to society at the grass root level
I am sure that we can and do much more, but most is not directly visible to the population. This has the potential to provide a big impact.
Why don't we also offer our services in return for quick approval????
This is part of the idea that I had a while back after listening to Prez. Bush's address to the nation. He said that the fed will increase funding to increase the number of Science and Maths teachers. Well, why don't we offer our services. Anyone working in the STEM fields shall have to work for say 4 hours a week at local schools teaching Science/ Maths, etc. We know all desis can do that. Most have an engineering background or are good at math anyways.
This way the government can
1. solve the teacher shortage problem
2. provide more students (future generations) with the education
3. can actually show that legal immigrants add value to society at the grass root level
I am sure that we can and do much more, but most is not directly visible to the population. This has the potential to provide a big impact.
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