Prasad_FL
08-02 04:57 PM
I am in Miami/Miramar area.
wallpaper emma watson george craig.
lp2007
01-19 07:40 PM
We are all proud of our accomplishments, EB2 or EB3 or EB1 , the degrees we have earned, the jobs we do and the achievements we have in our career. The relationships we have made and the list goes on.
I don't think being in a category of EB GC queue should define if you can be proud of an EB3 immigrant.
You almost make it sound like did a EB3 applicant become a "slumdog millionaire" ? :)
I don't think being in a category of EB GC queue should define if you can be proud of an EB3 immigrant.
You almost make it sound like did a EB3 applicant become a "slumdog millionaire" ? :)
vallabhu
11-13 04:44 PM
India EB3 2004 June.
2011 George Craig e Emma Watson
Maverick5
08-26 03:57 PM
I am also in the same boat. I have my Masters in Mechanical Engineering. I had filed for H1B with companies A & B as Mechanical Engineer and have worked with them for 1.5 years each.
Recently I had switched to desi company (C) and had to file my H1B as Software Engineer. I got my H1B without issues. I am crossing my fingers and planning to apply for Labor Certification as Software Engineer in EB2. (MS -Mech Engg + 1 year experience).
Other members pls share your experience if your case is simillar. I know lot of people who did their masters in other fields and changed to Software when they were in OPT. But do not know some one who has worked in H1b as Mechanical engineer and then got another H1 as software engineer. Has anyone with my simillar background, gone past the I140 stage?
Thanks.
Recently I had switched to desi company (C) and had to file my H1B as Software Engineer. I got my H1B without issues. I am crossing my fingers and planning to apply for Labor Certification as Software Engineer in EB2. (MS -Mech Engg + 1 year experience).
Other members pls share your experience if your case is simillar. I know lot of people who did their masters in other fields and changed to Software when they were in OPT. But do not know some one who has worked in H1b as Mechanical engineer and then got another H1 as software engineer. Has anyone with my simillar background, gone past the I140 stage?
Thanks.
more...
jayleno
03-11 11:26 AM
Its 100% fraud and abuse. I'm suprised you even thought of asking about this. The answer is in your question.
I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
makemygc
07-20 03:28 PM
I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.
Yes, it's definitely a issue. Talk to your lawyer immediately.
Even though the form looks similar, G-325A requires 4 copies where G-325 has only 2 copies. I was almost about to make the same mistake.
Yes, it's definitely a issue. Talk to your lawyer immediately.
Even though the form looks similar, G-325A requires 4 copies where G-325 has only 2 copies. I was almost about to make the same mistake.
more...
Madhuri
07-11 11:02 PM
If this is true it's really horrible and scary that this gov. agency is handling our applications.
This is beginning to look more and more like a organized and deliberate attempt to block people from filing for AOS.If the mysterious "knowledgeable official" quoted on the website can be summoned in court- that would be game over for the USCIS right there......
http://www.usimmlaw.com/current_information.htm
Copying the contents of the website below :
Visa numbers WERE available July 2nd!!
We have confirmed with a knowledgeable official in the Department of State Visa Office that USCIS was requesting visa numbers on Sunday July 1st, and Monday morning July 2nd - and that visa numbers were still being issued as late as the morning of July 2nd!
In fact, close to 30,000 visa numbers were requested and issued in July - through the morning of July 2nd. And we believe that many - if not most - of the requests made in the first two days of July were for applicants whose priority dates were not current in June!
So how can USCIS refuse to accept I-485 filings received BEFORE the State Department issued its notice that all visa numbers had been used???? We have not yet confirmed the return of any I-485s filed in July. But we do know that applications were reaching the USCIS before the State Department announcement - and while the USCIS was frantically working to use up the entire year's allocation.
USCIS did not use all visa numbers before July 2nd.
Did USCIS actually use the visa numbers it requested????
Historically, the USCIS doesn't request a visa number from the Department of State until it is ready to grant the adjustment of status application. US Consuls overseas request visa numbers the month before they intend to issue the immigrant visa. This is the reason why consuls return about ten percent of the visa numbers requested - and why USCIS does not generally return any numbers.
In fact, in making allocations of visa numbers, the Department of State factors in an expected return rate for consuls - but not for the USCIS. And the USCIS - before this June - used about 85% of the total immigrant visa numbers available.
However, already this month, the USCIS has been returning visa numbers. This confirms our earlier suspicion that the only way the USCIS could request 68,000 visa numbers in a matter of weeks was to request them in advance of adjudicating cases.
We believe USCIS exhausted the visa numbers by simply requesting them - not by using them. If so, and for reasons we will post shortly, we believe that over 30,000 visa numbers requested by USCIS will go unused - and will be wasted this year!
This is beginning to look more and more like a organized and deliberate attempt to block people from filing for AOS.If the mysterious "knowledgeable official" quoted on the website can be summoned in court- that would be game over for the USCIS right there......
http://www.usimmlaw.com/current_information.htm
Copying the contents of the website below :
Visa numbers WERE available July 2nd!!
We have confirmed with a knowledgeable official in the Department of State Visa Office that USCIS was requesting visa numbers on Sunday July 1st, and Monday morning July 2nd - and that visa numbers were still being issued as late as the morning of July 2nd!
In fact, close to 30,000 visa numbers were requested and issued in July - through the morning of July 2nd. And we believe that many - if not most - of the requests made in the first two days of July were for applicants whose priority dates were not current in June!
So how can USCIS refuse to accept I-485 filings received BEFORE the State Department issued its notice that all visa numbers had been used???? We have not yet confirmed the return of any I-485s filed in July. But we do know that applications were reaching the USCIS before the State Department announcement - and while the USCIS was frantically working to use up the entire year's allocation.
USCIS did not use all visa numbers before July 2nd.
Did USCIS actually use the visa numbers it requested????
Historically, the USCIS doesn't request a visa number from the Department of State until it is ready to grant the adjustment of status application. US Consuls overseas request visa numbers the month before they intend to issue the immigrant visa. This is the reason why consuls return about ten percent of the visa numbers requested - and why USCIS does not generally return any numbers.
In fact, in making allocations of visa numbers, the Department of State factors in an expected return rate for consuls - but not for the USCIS. And the USCIS - before this June - used about 85% of the total immigrant visa numbers available.
However, already this month, the USCIS has been returning visa numbers. This confirms our earlier suspicion that the only way the USCIS could request 68,000 visa numbers in a matter of weeks was to request them in advance of adjudicating cases.
We believe USCIS exhausted the visa numbers by simply requesting them - not by using them. If so, and for reasons we will post shortly, we believe that over 30,000 visa numbers requested by USCIS will go unused - and will be wasted this year!
2010 EMMA WATSON AND GEORGE CRAIG
srarao
07-21 09:20 PM
Hi all,
In this forums only I saw some guys getting RFE's that is why I opened in this thread.
In this forums only I saw some guys getting RFE's that is why I opened in this thread.
more...
Macaca
12-15 11:49 AM
I have not seen the USCIS catalog for H1B rules. I assume it should be available online at the state deptt.
My lawyer told me that you are in status as long as your application is being processed by USCIS. I don't know if you are in status if you apply for H1B and the quota is over for the year. I understand that USCIS may say that your application is not under consideration.
You can not start working before the start date mentioned on your H1B.
I understand that your OPT is expiring before the start of H1B. Is this correct? I was told by HR from Sun that you have to leave the country for the period.
I remind you that I have not seen the USCIS catalog.
My lawyer told me that you are in status as long as your application is being processed by USCIS. I don't know if you are in status if you apply for H1B and the quota is over for the year. I understand that USCIS may say that your application is not under consideration.
You can not start working before the start date mentioned on your H1B.
I understand that your OPT is expiring before the start of H1B. Is this correct? I was told by HR from Sun that you have to leave the country for the period.
I remind you that I have not seen the USCIS catalog.
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skdskd
09-27 09:52 AM
I have approved I140 notice ... i dont see A# can you pls help me find that number in approval notice (797)
As per my Immigration attorney, USCIS some times assigns A# at the time of I-140 approval and some times NOT.
So I won't worry about it if it is not on I-140
As per my Immigration attorney, USCIS some times assigns A# at the time of I-140 approval and some times NOT.
So I won't worry about it if it is not on I-140
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walker15
02-18 11:23 PM
Don't give it up. Try all options like Infopass, congressman. Convince your attorney or talk to a different attorney. Worth spending little amount to get advice from a different attorney.
Dates won't be current in near future by looking at the way EB2'S went Unavailable and EB3 being moving at snails pace.
Dates won't be current in near future by looking at the way EB2'S went Unavailable and EB3 being moving at snails pace.
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anindya1234
07-17 10:08 PM
I-140 was from TSC; I filed on July 2..but the employment letter was addressed to NSC. Will that be a problem?
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mmanurker
04-13 11:48 AM
I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
1. if the LCA filed will any longer be valid and that might cause issues with labor dept
2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.
when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.
You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.
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10dulkar
12-25 10:00 PM
I just receive the best Christmas gift I could ever ask for?? My name check and background check is clear after 2 years.....Now I'm receive my GC so I can start traveling......All my interview was approve so now they are (order card)....Enjoy ur Holiday.......
were delaying his GC. He/She/It/Them/They need to take English Test............. and many of them..................
were delaying his GC. He/She/It/Them/They need to take English Test............. and many of them..................
more...
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sush
10-02 08:21 PM
Service Center: Texas
Type: Regular
Category: EB2
Filing Type: non-concurrent
USCIS Receipt Date: 26 May 2006
RFE: no
I-140 Status: Case received and pending
Approval/Denial Date: N/A
Nationality: India
Tried to upgrade to PP on June 18th but no response from USCIS.
Received a letter after my attorney's enquiry that it is in a background check.
been near 500 days... :confused::mad:
Type: Regular
Category: EB2
Filing Type: non-concurrent
USCIS Receipt Date: 26 May 2006
RFE: no
I-140 Status: Case received and pending
Approval/Denial Date: N/A
Nationality: India
Tried to upgrade to PP on June 18th but no response from USCIS.
Received a letter after my attorney's enquiry that it is in a background check.
been near 500 days... :confused::mad:
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gesfox
03-27 01:06 AM
BIG K, please add my 2nd try. tnx!
more...
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Ramba
01-23 06:51 PM
Sorry for little confusion.
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
Normally if both have independent valid travel document, you are fine. It does not make any difference if primary use H1B and spouse use AP, but it may confuse the IO at POE, if they ask lot of questions, (who is your employer, Are you working for GC sponsering employer etc..)
IO at POE may not know all the rules regarding AC21/485/AP/H1 etc.. If you are entering in H1, the natural tendency that your spose will enter in H4. If you answer properly, you are fine..
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
Normally if both have independent valid travel document, you are fine. It does not make any difference if primary use H1B and spouse use AP, but it may confuse the IO at POE, if they ask lot of questions, (who is your employer, Are you working for GC sponsering employer etc..)
IO at POE may not know all the rules regarding AC21/485/AP/H1 etc.. If you are entering in H1, the natural tendency that your spose will enter in H4. If you answer properly, you are fine..
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voldemar
03-26 10:10 PM
Hi,
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
AndyPeople on H4 not supposed to take job that normally would be paid. They can do trully volunteer job like community service, charity work any other work that don't have to be paid. In your case it's real work, because you will be paid for it after Oct.1. So employer will hire someone else to do this job till that date. If you work unpaid you replace this guy.
P.S. I'm not a lawyer ;)
Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?
Thanks,
AndyPeople on H4 not supposed to take job that normally would be paid. They can do trully volunteer job like community service, charity work any other work that don't have to be paid. In your case it's real work, because you will be paid for it after Oct.1. So employer will hire someone else to do this job till that date. If you work unpaid you replace this guy.
P.S. I'm not a lawyer ;)
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raghureddy
03-18 07:45 PM
it is usually 6 to 9 months now, i guess u can wait for some more time and then approach senators office...Good Luck
surabhi
04-08 05:24 AM
This is serious and could affect quite a few.
Summary: you could be affected if ALL of the folllowing is true
1)you have a PD before July 16, 2007 ( likely case is EB3 I/C 2002/2003 PD)
2) you have left your original employer ( whether you stayed for 180 days after I-485 application to comply with AC-21 rule doesnt matter)
3) your original employer has used your labor to subsititute some on else ( before July 16,2007)
Remember you are affected even though you are the original beneficiary.
How did this case happen?
This happend because USCIS not following LIFO processing
1. The original applicat applied labor in April 2001
2. Labor approved in Jan 2002
3. Original applicant applied I-140 in April 2002
4. i-140 approved in July 2002
5. Original applicant applies for I-485 in Dec 2002
In Jan 2004, after more than year ( > 180 days and Ac-21 was enacted), original applicant leaves the employer, presuming that she is safe and covered under Ac-21
Employer promptly writes to USCIS asking to revoke I-140. The employer goes ahead and uses the labor for another person and files I-140
The USCIS apprves I-140 and subsequently I-485 for the subsituted beneficiary.
So how could USCIS approve a I-485 that was filed at least 18 months later than the original applicant. ( May be the subsituted applicant was from different chargeability country and hence could ge approved??)
Now the original applicant is screwed because USCIS cannnot approve 2 I-485 petitions based on same labor.
I feel for the original applicant. She played by rules all along, but got screwed anyway
Now you can see the chances of your case being caught in similar circumstrances
1. You are EB3, India/China with PD around 2002/2003
2. You filed I-485 sometime before July 2007 ( if you filed during July 2007 and you were with original employer at that time, this doesnt apply)
3. You left your original employer before July 2007
4. Unbeknownst to you, your original employer has subsituted your labor for another person.(before July 16, 2007)
5. that other person also filed for I-1485
6. Now its a timebomb waiting to explode
Summary: you could be affected if ALL of the folllowing is true
1)you have a PD before July 16, 2007 ( likely case is EB3 I/C 2002/2003 PD)
2) you have left your original employer ( whether you stayed for 180 days after I-485 application to comply with AC-21 rule doesnt matter)
3) your original employer has used your labor to subsititute some on else ( before July 16,2007)
Remember you are affected even though you are the original beneficiary.
How did this case happen?
This happend because USCIS not following LIFO processing
1. The original applicat applied labor in April 2001
2. Labor approved in Jan 2002
3. Original applicant applied I-140 in April 2002
4. i-140 approved in July 2002
5. Original applicant applies for I-485 in Dec 2002
In Jan 2004, after more than year ( > 180 days and Ac-21 was enacted), original applicant leaves the employer, presuming that she is safe and covered under Ac-21
Employer promptly writes to USCIS asking to revoke I-140. The employer goes ahead and uses the labor for another person and files I-140
The USCIS apprves I-140 and subsequently I-485 for the subsituted beneficiary.
So how could USCIS approve a I-485 that was filed at least 18 months later than the original applicant. ( May be the subsituted applicant was from different chargeability country and hence could ge approved??)
Now the original applicant is screwed because USCIS cannnot approve 2 I-485 petitions based on same labor.
I feel for the original applicant. She played by rules all along, but got screwed anyway
Now you can see the chances of your case being caught in similar circumstrances
1. You are EB3, India/China with PD around 2002/2003
2. You filed I-485 sometime before July 2007 ( if you filed during July 2007 and you were with original employer at that time, this doesnt apply)
3. You left your original employer before July 2007
4. Unbeknownst to you, your original employer has subsituted your labor for another person.(before July 16, 2007)
5. that other person also filed for I-1485
6. Now its a timebomb waiting to explode
qwert_47
09-27 12:41 PM
^^^^^^^ bump
Appreciate any advice...thanks
Appreciate any advice...thanks
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