brb2
11-03 07:02 AM
Problems for EB based immigration is due to visa number shortages and relief can be achieved by an increase in the visa numbers. This will require legislation. Ombudsman has no role in this. Every one knows the current problems are due to shortage of visa numbers. Unfortunately, it is looking highly unlikely that congress will do anything until after the presidential elections. I don't know if you noticed it, as the democratic campaigns are going on, Hilary was being attacked for supporting no licenses for illegals in New York State. These people will avoid any immigration legislation. Whereas employment based immigration is non controversial, democrats know if they pass any such legislation, no republican will vote for the legalization. So the stalemate will continue until after next year's house and presidential election. Even republicans such as Cornyn are tiring out for legal immigration bills, where as the democrats are as enthusiastic as ever about solving illegal immigration problems only. Note the frequent atttempts at gettting the Dream act passed every few weeks.
....
one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov
i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.
i may be too naive but nevertheless why miss the opportunity to spread the word around...
....
one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov
i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.
i may be too naive but nevertheless why miss the opportunity to spread the word around...
wallpaper Sheikh Zayed Road, Dubai.
Ramba
05-19 02:31 PM
I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.
Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.
Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.
snowcatcher
01-28 10:12 PM
I am from texas. I went to the state chapters, and pmed some people about contributing. I will do my best to convince few more friends to join and start contributing.
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pd_recapturing
07-18 04:49 PM
--------------------------------------------------------------------------------
Hi guys, I have a approved EB3 I-140 with PD of May 2004. I recently applied a new EB2 I-140 under the PP to port PD and got RFE. RFE has been replied by my lawyer on 07/06 and we are waiting for their decision any moment.Now, as I am going to apply my I-485, what will be my best bet? to go with approved EB3 I 140 or go with receipt notice of pending PP EB2 I-140? If I go with EB3 I140, can I amend my application at a later point of time with EB2 I 140? Please help.
Hi guys, I have a approved EB3 I-140 with PD of May 2004. I recently applied a new EB2 I-140 under the PP to port PD and got RFE. RFE has been replied by my lawyer on 07/06 and we are waiting for their decision any moment.Now, as I am going to apply my I-485, what will be my best bet? to go with approved EB3 I 140 or go with receipt notice of pending PP EB2 I-140? If I go with EB3 I140, can I amend my application at a later point of time with EB2 I 140? Please help.
more...
rajuram
01-25 06:46 PM
The Senate and the house may be passing the tax refund bill soon (due to slowing economy). There is lot of pressure on the government to act soon.
Can we get them to attach atleast one of our provisions with these bills - the most important and non controversial being recapture of unused visa numbers.
Just a suggestion................I know there is no dearth of suggestions.
Can we get them to attach atleast one of our provisions with these bills - the most important and non controversial being recapture of unused visa numbers.
Just a suggestion................I know there is no dearth of suggestions.
GCOP
04-01 08:54 PM
man-woman-and-gc, rsirpal
Thank you friends, for sharing your experience regarding NJ Airport.
What is posted here in the Original Post, It seems like a general advisory and may be not pertaining to any particular incident. Hopefully, it may not be correct.
Thanks for sharing your experience.
Thank you friends, for sharing your experience regarding NJ Airport.
What is posted here in the Original Post, It seems like a general advisory and may be not pertaining to any particular incident. Hopefully, it may not be correct.
Thanks for sharing your experience.
more...
Lasantha
07-05 10:45 AM
Hey Gurus,
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
I am no guru BUT ....
It was current for more than the past two years, wasn't it. I think it is highly unlikely that it will be backlogged. If if it will, it could be by a very short period, 6 months maybe. This is what I think.
What do you think about EB3 ROW ?
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
I am no guru BUT ....
It was current for more than the past two years, wasn't it. I think it is highly unlikely that it will be backlogged. If if it will, it could be by a very short period, 6 months maybe. This is what I think.
What do you think about EB3 ROW ?
2010 Sheikh Zayed Road
neerajkandhari
10-25 10:02 PM
same boat
no AP as yet
no AP as yet
more...
alforever
04-04 02:11 PM
Hello Everyone, I have one specific issue.
My Priority date is May 2007, and i am under 3rd category h1b 3-years extension at the moment in the USA. I140 has been approved and i am waiting for priority date to be current so i can apply for i485. but its taking too long because of the backlog. What are my overseas travelling options during this LOOONG waiting period.
Can me and my wife (holding h4) travel overseas while waiting for the priority date to be current? like i said we have an approved i140 and h1b 3-years approval notice, but have not yet applied for i485 as we are waiting for priority date to be current. please help? anyone is the same situation?
My Priority date is May 2007, and i am under 3rd category h1b 3-years extension at the moment in the USA. I140 has been approved and i am waiting for priority date to be current so i can apply for i485. but its taking too long because of the backlog. What are my overseas travelling options during this LOOONG waiting period.
Can me and my wife (holding h4) travel overseas while waiting for the priority date to be current? like i said we have an approved i140 and h1b 3-years approval notice, but have not yet applied for i485 as we are waiting for priority date to be current. please help? anyone is the same situation?
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Administrator2
12-09 10:47 AM
Dream Act 'Motion to proceed' passes with 59 to 40 votes.
It goes for cloture vote, which require 60 votes.
It goes for cloture vote, which require 60 votes.
more...
kingkon_2000
07-27 10:24 AM
I talked to my lawyer as I made the same mistake and they informed me that it should not be a problem..
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Lollerskater
09-25 01:57 PM
Usually when a lawyer gets blacklisted, there's lots of chaos. The lawyer's new reputation spreads like wildfire and there's a lot of staff changed. A lot of clients fall out.
In my case, I kept good relationships with other clients of my lawyer. I also became good friends with my lawyer's secretary due to being a customer for over 5 years. Yes, that's unfortunately how long I've waited.
All of them told me the same story. Too many miracles, case got investigated, blacklisted.
Ontopic: any other opinions please? A simple what is involved in the process would be greatly appreciated.
In my case, I kept good relationships with other clients of my lawyer. I also became good friends with my lawyer's secretary due to being a customer for over 5 years. Yes, that's unfortunately how long I've waited.
All of them told me the same story. Too many miracles, case got investigated, blacklisted.
Ontopic: any other opinions please? A simple what is involved in the process would be greatly appreciated.
more...
house from Dubai International
shana04
07-23 12:55 PM
Thanks Snathan this will be the best. Problem I am facing is that no one is willing to start GC process unless I join them and they start making money to offset the costs. Can you suggest someone who can help?
1. If you stick to your current company, you might make money for few months but you are loosing all that extra cushion i.e. you need time for h1 transfer and applying for labor.
2. If you don't trust and join the new company why would they trust you
3. Body shoppers have mutual interest. They do it for money. They would not start your GC process unless you join them
4. As Snathan said, by the time you file your h1 and get it transfered it will take time. so why not do it.
5. If you want your GC process take risk.
6. Money is not always the crietria. Go gain some thing you need to loose something.
I wish you both good luck on finding your new employer and filing GC.
Play safe.
1. If you stick to your current company, you might make money for few months but you are loosing all that extra cushion i.e. you need time for h1 transfer and applying for labor.
2. If you don't trust and join the new company why would they trust you
3. Body shoppers have mutual interest. They do it for money. They would not start your GC process unless you join them
4. As Snathan said, by the time you file your h1 and get it transfered it will take time. so why not do it.
5. If you want your GC process take risk.
6. Money is not always the crietria. Go gain some thing you need to loose something.
I wish you both good luck on finding your new employer and filing GC.
Play safe.
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gimme Green!!
01-02 12:12 PM
I have got extension on my H1 after completing 6 years.
My wife has been on H4 till now.
Is she eligible to get a new H1?
Hi,
I just got my 2nd 3 year extension (Nov 2006 to Nov 2009) on my H1B after completing six years.
My PD is June 2005 and I-140 approved on July 2006. I am thinking of
changing my job. I am puzzling about the following questions:
1. Can I change the job and use my 3 year extension for the next job?
2. Can I keep my PD of June 2005 if my current employer doesn't revoke
my I-140 ?
3. If I apply for GC again with new employer and get my I-140 approved , can
I keep getting 3 year extensions on that job ?
PLEASE HELP!.
Thank you,
My wife has been on H4 till now.
Is she eligible to get a new H1?
Hi,
I just got my 2nd 3 year extension (Nov 2006 to Nov 2009) on my H1B after completing six years.
My PD is June 2005 and I-140 approved on July 2006. I am thinking of
changing my job. I am puzzling about the following questions:
1. Can I change the job and use my 3 year extension for the next job?
2. Can I keep my PD of June 2005 if my current employer doesn't revoke
my I-140 ?
3. If I apply for GC again with new employer and get my I-140 approved , can
I keep getting 3 year extensions on that job ?
PLEASE HELP!.
Thank you,
more...
pictures If you are on the Al Wasl Road
babydiams
04-19 02:55 PM
H1B and Employment based GC is for people in speciality fields and for the shortage of US workers for the jobs.
It is not possible for any jobs on commission basis. PERIOD.
You can work on OPT.
Dealsnet thank you for your input,
I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.
Thanks for your help, I really appreciate it.
It is not possible for any jobs on commission basis. PERIOD.
You can work on OPT.
Dealsnet thank you for your input,
I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.
Thanks for your help, I really appreciate it.
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pune_guy
06-06 01:11 PM
For H4:
USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.
485 receipt is proof of AOS
So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.
SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?
USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.
485 receipt is proof of AOS
So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.
SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?
more...
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jackisback
05-05 06:31 PM
There is no AP card or an approval notice. When they send the approval notice, they mean the actual AP papers - which is a 1-page document.
They send 2 copies of that.
Like an earlier post said, you can take Infopass and/or call customer service no.
My AP was approved on April 27 and I got it in the mail on 05/03.
They send 2 copies of that.
Like an earlier post said, you can take Infopass and/or call customer service no.
My AP was approved on April 27 and I got it in the mail on 05/03.
girlfriend Dubai Street Map
logiclife
02-04 01:37 PM
The last line on this article may mean something for us. Hopefully.
http://tracypress.com/2006-02-04-nation-one.php
http://tracypress.com/2006-02-04-nation-one.php
hairstyles If you do business in Dubai it
praveenuppaluri
02-22 01:56 PM
voicerj and gnutin
thanks for the options.. just surprized that we must go through these procedures (like Quillpad, installing native font etc) to fill a form that is designed for people outside of USA, most with a non-english native language.
whats wrong with an option of 'blank' field and use the good ol' pen :p
thanks for your inputs. really appreciate it.
thanks for the options.. just surprized that we must go through these procedures (like Quillpad, installing native font etc) to fill a form that is designed for people outside of USA, most with a non-english native language.
whats wrong with an option of 'blank' field and use the good ol' pen :p
thanks for your inputs. really appreciate it.
capriol
09-17 08:11 PM
Hello all,
I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.
Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.
Should I call USCIS or wait?
Any suggestions are welcomed...
Thanks.
Dear Apahilaj:
You may wait till the end of this week and then call the USCIS. The FP notices may be on the way.
I also have a question for you: Did you submit your 485 applications directly to the Texas Service Center Or Nebraska, and on which date?
I have sent mine to TSC directly on July 24, 2007, and have received nothing; no checks are cleared, either, till today. Thanks.
I had a question: My and my wife's 485 ND is august 27 from TSC. We haven't got any FP notice yet.
Is anyone in a similar situation? data indicates that most of the august notice dates applicants have already got their FP appointments. I am from NJ so newark must be my ASC.
Should I call USCIS or wait?
Any suggestions are welcomed...
Thanks.
Dear Apahilaj:
You may wait till the end of this week and then call the USCIS. The FP notices may be on the way.
I also have a question for you: Did you submit your 485 applications directly to the Texas Service Center Or Nebraska, and on which date?
I have sent mine to TSC directly on July 24, 2007, and have received nothing; no checks are cleared, either, till today. Thanks.
ksvreg
09-25 11:16 AM
My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
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