go_guy123
05-14 06:13 PM
It is time to pass the DREAM Act.
DREAM Act is held hostage up by the CIR advocates just like skilled immigration.
But the repeated failures will weaken the CIR coalition as some Latino organizations
like MALDEF have grudgingly started thinking about piecemeal options.
Dream act gives GC to illegals brought here as children by illegal parents. But then why shouldn't non-USC children of H1B get
GC before non-USC children of illegals. It is extremely hard to justify illegals are ahead of line of legals. But legals themselves
are so massively backlogged that asking illegals to go to the end of the line behind legals means nothing (practically) for illegals
amnesty advocates. H1Bs/EBs will put up with the country quota pain but La Raza et al will never buy that.
In fact, it is hard core anti-amnesty camp that is using the "piecemeal" strategy and winning again and again by ratcheting up the pressure through piecemeal bills like REAL ID act, Arizona law and its copy cat in different states.
DREAM Act is held hostage up by the CIR advocates just like skilled immigration.
But the repeated failures will weaken the CIR coalition as some Latino organizations
like MALDEF have grudgingly started thinking about piecemeal options.
Dream act gives GC to illegals brought here as children by illegal parents. But then why shouldn't non-USC children of H1B get
GC before non-USC children of illegals. It is extremely hard to justify illegals are ahead of line of legals. But legals themselves
are so massively backlogged that asking illegals to go to the end of the line behind legals means nothing (practically) for illegals
amnesty advocates. H1Bs/EBs will put up with the country quota pain but La Raza et al will never buy that.
In fact, it is hard core anti-amnesty camp that is using the "piecemeal" strategy and winning again and again by ratcheting up the pressure through piecemeal bills like REAL ID act, Arizona law and its copy cat in different states.
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CCC
04-11 01:59 PM
Understood.
LongJourny
01-20 07:25 PM
Is it ok to mention the last date of my previous employment at august 23rd. The employment letter I receive from company A states the same. Last time I got my H1 visa stamped using same information. However, this time I am going to a different consulate and not sure what could be the out come. I also have advance parole with me. If worst happens can I use advance parole?
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IneedAllGreen
06-28 02:47 PM
Apreciated your quick response.
Use your PERM labor one - thats the safest, I have used that - Attorney signed off saying that is right
Use your PERM labor one - thats the safest, I have used that - Attorney signed off saying that is right
more...
bheemi
08-20 10:52 AM
hi,
i am same as u r case.
u HAVE TO request your attorney or u r self should raise a service request and take infopass to start the processing case..unless u do something about it..they wont apply eb3 PD to EB2 pd autaomatically..they dont ahve any tracking system to do it..
U have to fight for it..and raise service requests etc..
i am same as u r case.
u HAVE TO request your attorney or u r self should raise a service request and take infopass to start the processing case..unless u do something about it..they wont apply eb3 PD to EB2 pd autaomatically..they dont ahve any tracking system to do it..
U have to fight for it..and raise service requests etc..
singhsa3
10-21 07:48 PM
That is true but I want one of them to be rejected and by not responding to FP and stopping payment on checks I am trying to exactly that.
Refer http://www.murthy.com/news/n_staiss.html and search for "Multiple I-485 Filings Not Advisable"
Refer http://www.murthy.com/news/n_staiss.html and search for "Multiple I-485 Filings Not Advisable"
more...
EBGreenCard
07-30 12:40 PM
True for most of us on this forum.
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anilsal
07-30 01:36 AM
Unless you screw up something, they will not deny in Canada. But may in the rarest of cases ask you to go to your country of origin to get the visa.
Having a US degree helps. Just appear confident and brush up your English and accent(do not fake it. Just be normal and greet as you do with American friends. Also do not show off.). The VO really like people who seem to have assimilated into the culture.
Having a US degree helps. Just appear confident and brush up your English and accent(do not fake it. Just be normal and greet as you do with American friends. Also do not show off.). The VO really like people who seem to have assimilated into the culture.
more...
amsgc
05-29 08:13 PM
The highlighted statement doesn't seem to be correct. You can have more than one employer file an H-1B petiton for you.
Until the time you left your university employer, you were in status with the original H-1B (cap exempt).
Now, you need to either get the job back at the university, or ask the consultant outfit (A) to employ you.
Could you state the reason given my USCIS for denying the H-1B petition filed by consultant (B)?
Also, I would refrain from using the word "transfer", as there is no such thing. It is always a new petition, with request to not count it in the yearly cap.
Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
Until the time you left your university employer, you were in status with the original H-1B (cap exempt).
Now, you need to either get the job back at the university, or ask the consultant outfit (A) to employ you.
Could you state the reason given my USCIS for denying the H-1B petition filed by consultant (B)?
Also, I would refrain from using the word "transfer", as there is no such thing. It is always a new petition, with request to not count it in the yearly cap.
Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
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coolmanasip
07-19 10:35 AM
tnite.... thanks for the detailed reply........I forwarded this exchange to him........should make him happy and relaxed!!!
Thanks much!
Thanks much!
more...
jsb
12-16 09:10 AM
Any of got approved based on this memo ?
I talked to my lawyers. They said that the first time it didn't work. As this memo is recent, they still have to see its usefulness. Perhaps, the problem is that even if A# are provided to USCIS offices, they can't find where those (physical) files are. Nothing can be done unless files are seen by adjudicators.
Note that cases (family and employment) other than for identified 3 or 4 countries, PD is not an issue. So for USCIS it is not as big of a problem as it is for us.
I talked to my lawyers. They said that the first time it didn't work. As this memo is recent, they still have to see its usefulness. Perhaps, the problem is that even if A# are provided to USCIS offices, they can't find where those (physical) files are. Nothing can be done unless files are seen by adjudicators.
Note that cases (family and employment) other than for identified 3 or 4 countries, PD is not an issue. So for USCIS it is not as big of a problem as it is for us.
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gapala
09-05 10:01 PM
I guess, your picture was taken at local ASC. Call customer care asap and inform them about this mistake. If needed setup infopass and visit local office. Hope you will soon get it corrected from CIS
more...
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singhsa3
08-19 11:02 AM
Just to state some examples: Several of members probably took CFA level II and III exams in June 2008 and the results were out today. These things further increase cohesion among the people as they share more ground than simply being an immigrant.
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seahawks
07-26 08:42 AM
I was able to find this phrase, please check the context from the link provided.
"Where the beneficiary has been counted against the quota during the past six years, and never been out of the US for more than one year during the past six years, a petition is exempt."
http://www.hooyou.com/news/news060906h1b.html
"Where the beneficiary has been counted against the quota during the past six years, and never been out of the US for more than one year during the past six years, a petition is exempt."
http://www.hooyou.com/news/news060906h1b.html
more...
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capriol
01-26 07:19 PM
Folks,
I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.
If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?
What so you folks think? Thanks.
I am not getting my hopes too high about the EB-485 processing dates--either for the TSC or the NSC. Correct me if I am wrong...but I think that this huge progress in the EB 485 processing dates can be attributed to the fact that EB2 (India) is retrogressed and even unavailable (currently) and EB 3 (India) is also regtrogressed, and of course, not to mention China. So, perhaps both the service centers are processing EB 485's for ROW--and thus this quite impressive forward move.
If at some point India's EB2 and 3 priority dates move by a great leap beyond what it is now (ie., if the centers start processing the July 2007 VB submissions of EB2 and 3) , then should not we expect that the processing dates of the two centers be back-logged again and thus retrogressed?
What so you folks think? Thanks.
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som_yad
08-04 12:53 PM
EB3-India - RD July 16 2007.
I saw LUD on 07/27/2008 But still no luck.:mad:
I saw LUD on 07/27/2008 But still no luck.:mad:
more...
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TwinkleM
01-30 12:13 AM
Hello Ravi,
Sorry to hear about what has happened today with ur case. I know what you are going through at present. Unfortunately, I went through the same thing on 01/27/09. I received an email about the denial, but have not yet received the hard copy. So don't know the reason about the denial.
Well, ur dates of H1 expiration & RFE, all match same to mine. We are almost sailing in the same boat. The only diff between ur case & mine is, My I-140 is not yet approved & me & my hubby do have Valid EAD.
Here are the options suggested by my lawyer today. I am also going to verify some more options with another lawyer tomorrow.
In your case, you have 2 weeks to get out of the country as ur H1 is denied. Well, I may be wrong if your approved I-140 is going to be of help in any way. Ask your lawyer.
Answers:
1) Yes. Even though u open MTR, u both r out of status. Opening MTR will only allow u both to stay in this country legally, but does not allow you to work or study.
2) According to my lawyer, anywhere from 12 to 18 months. I am going to check on this with another lawyer tom.
3) Until u get the answer to ur appeal.
4) My lawyer suggested is to open MTR & then simultaneously transfer H1 to another company. But this would be a consulate case. That means, once ur H1 transfer is approved, you will have to go to ur home country to get it stamped. Till then you cannot work for either company. The reason for it being consulate case is because ur original H1 & H4 is already expired. Also, keep in mind, you cannot apply for H1 transfer without opening MTR on the old one. Yes, you can do premium processing.
5) Since you do not have EAD, you cannot continue working on ur current project
6) No, u cannot start working with new company till ur H1 tranfer is approved & you have got it stamped from ur home country. But, if u r planning to do premium processing, you will get the answer or RFE in 2 weeks time once INS receive ur application & documents.
7) yes.
8) No clue as I havn't tried. Just try to make ur application stronger. I am trying too.
9) Yes.
Hope, the above answers are helpful. Do try to find out other possibilites from ur lawyer without telling him the above ones. That way u can be sure of what is right & worng. Do let me know too if you get to know something else.
Goodluck
Sorry to hear about what has happened today with ur case. I know what you are going through at present. Unfortunately, I went through the same thing on 01/27/09. I received an email about the denial, but have not yet received the hard copy. So don't know the reason about the denial.
Well, ur dates of H1 expiration & RFE, all match same to mine. We are almost sailing in the same boat. The only diff between ur case & mine is, My I-140 is not yet approved & me & my hubby do have Valid EAD.
Here are the options suggested by my lawyer today. I am also going to verify some more options with another lawyer tomorrow.
In your case, you have 2 weeks to get out of the country as ur H1 is denied. Well, I may be wrong if your approved I-140 is going to be of help in any way. Ask your lawyer.
Answers:
1) Yes. Even though u open MTR, u both r out of status. Opening MTR will only allow u both to stay in this country legally, but does not allow you to work or study.
2) According to my lawyer, anywhere from 12 to 18 months. I am going to check on this with another lawyer tom.
3) Until u get the answer to ur appeal.
4) My lawyer suggested is to open MTR & then simultaneously transfer H1 to another company. But this would be a consulate case. That means, once ur H1 transfer is approved, you will have to go to ur home country to get it stamped. Till then you cannot work for either company. The reason for it being consulate case is because ur original H1 & H4 is already expired. Also, keep in mind, you cannot apply for H1 transfer without opening MTR on the old one. Yes, you can do premium processing.
5) Since you do not have EAD, you cannot continue working on ur current project
6) No, u cannot start working with new company till ur H1 tranfer is approved & you have got it stamped from ur home country. But, if u r planning to do premium processing, you will get the answer or RFE in 2 weeks time once INS receive ur application & documents.
7) yes.
8) No clue as I havn't tried. Just try to make ur application stronger. I am trying too.
9) Yes.
Hope, the above answers are helpful. Do try to find out other possibilites from ur lawyer without telling him the above ones. That way u can be sure of what is right & worng. Do let me know too if you get to know something else.
Goodluck
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sledge_hammer
07-11 05:22 PM
www.congress.org is not a government site. Please do not mislead people here into thinking that this site has any affiliation to The Congress.
http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg
The button below the article lets you send emails to Bush and Cheney...
http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg
The button below the article lets you send emails to Bush and Cheney...
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visves
07-04 06:55 PM
Congratulations!! Enjoy your freedom!
There is hope....
There is hope....
desidude
07-22 12:12 AM
sundarpn,
I had the same questions and clarified with my attorney.
1. Yes, you can change your job after 180 days, as you get the portability. Your 485 will remain good standing.
2. Yes, you can extend.
3. Doesn't matter who your new employer is, you can still sponser your wife when dates are current in the future, provided your wife should be living in US then.
Nave_Kum,
I don't understand your post. can you explain?
I too want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)
If I change to a new employer after 6 months (on H1b transfer):
1. Will my 485 remain in good standing
2. Can I get 3 yr extension of H1b from the new employer(as I have I-140 copy).
3. Can I file my spouses 485 when the dates become current (despite working for a new employer on H1b.)
If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]
I had the same questions and clarified with my attorney.
1. Yes, you can change your job after 180 days, as you get the portability. Your 485 will remain good standing.
2. Yes, you can extend.
3. Doesn't matter who your new employer is, you can still sponser your wife when dates are current in the future, provided your wife should be living in US then.
Nave_Kum,
I don't understand your post. can you explain?
I too want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)
If I change to a new employer after 6 months (on H1b transfer):
1. Will my 485 remain in good standing
2. Can I get 3 yr extension of H1b from the new employer(as I have I-140 copy).
3. Can I file my spouses 485 when the dates become current (despite working for a new employer on H1b.)
If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]
pmpforgc
02-08 01:06 PM
Do you have any tentative dates for travelling ?? How flexible the dates are ??
BTW - i am not an travel agent nor related to any travel agency
I am going on 05/24 and coming back 07/16 . going may delayed by day or two if needed but comign date I want to stick to.
BTW - i am not an travel agent nor related to any travel agency
I am going on 05/24 and coming back 07/16 . going may delayed by day or two if needed but comign date I want to stick to.
