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WillIBLucky

11-17 12:19 PM

if EB reform is discussed as a part of CIR in 2007, i am sure it will be 2008 by the time they start implementing it and 2009 by the time you will see any tangible benefits from it. CIR is not something that will be discussed and approved in a month. After CIR is approved (thats big if) it will take a few months for CIS to come up with the guidelines and prepare itself to handle the increased work load. Look for substantial delays.
IMO, Our best hope is if EB relief is picked up earlier and approved on its own before they talk about CIR.
SKIL is the best bet for us. Hopefully we will see it being discussed soon in Senate.

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freddyCR

January 13th, 2005, 02:31 PM

Just a red "X"

Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed. [Archive] - Immigration Voice

View Full Version : Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed.

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logiclife

06-25 06:36 PM

Hi all,
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.

The most recent USCIS memo says that if initial evidence is missing, then they can deny the petition without bothering to send the RFE. This is memo as of June 17th.

Employment verification letter is listed in the intial evidence on 485 form. So it is very risk to send 485 without that coz it could get denied without you ever seeing an RFE.

Ask your lawyer if he has read the USCIS memo on June 17th. If he hasnt, then send him/her this link:

http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

Thanks.

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grcard

06-14 10:46 PM

i took infopass and went to local immigration officer and he said i should go to
him after july 1st and he said he can find out where my file is??
i dont know is this possible but i am going to try.

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Sachin_Stock

07-31 02:50 PM

Sorry but you guys seem to forget the fact that there were very few 2001, 2002 filers.

I dont know about 2003.

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Almond

08-14 12:10 PM

^^^^ sounds like good news, I'm happy for you:)

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snathan

03-31 01:16 PM

Not all L1 is bad
Not all H1B is bad
Not all consulting companies are bad

So why are we behaving like crabs?
Think from a perspecive of a legit L1 visa holder too

To anti Immigrants even your greencard is bad.
He will be happy if your greencard is made painful
Will you rejoice then?

What Sen is doing is looking at everything in black and white. He is making all L1 as bad. He shoud be suggesting fixes in L1 like giving more power to L1s to complain and protecting them if they complain. he should be making punishment tougher for fraud. But he is targetting the whole via and you are feeling happy about it. Just because you are not an L1 visa holder some of us are happy. Tommow if he does it to all EAD holders will you be happy?

Forget this Crab story...it’s a crap story written by one idiot followed by other idiots only when its adding value for their argument.

If not all, most of the L1 are abusive. I know a company paying 30K for L1. They no longer take H1B and lay off H1 people whoever was already working with them.

But how are they are going scot-free...all the expenses are billed to the client but shown as benefit to the employee.

So the client is losing , the employee is losing.

But I am not supporting this whatever is reported.

When they came for the communists,
I remained silent;
I was not a communist.

When they locked up the social democrats,
I remained silent;
I was not a social democrat.

When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.

When they came for the Jews,
I remained silent;
I wasn't a Jew.

When they came for me,
there was no one left to speak out.

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walking_dude

10-25 02:14 PM

Full credits belong to CagedCactus who took the initiative to call the meet, chose the venue and time, brought snacks and coffee to the meet. And also to Bestin who drove all the way from Lansing to be with us.

It was nice to touch-base with some of the DC rally veterans and share our experience. And also to discover some neighbors :)

State chapter meets are a nice opportunity to meet people and build your network - which may prove very useful to you in the future. People who skip the meets don't know what they're missing.

Thanks again to you and everyone that attended.

Thanks Vivek (Walking_Dude) for taking effort and arranging this. Nice meeting all of you at Troy.

Interestingly, when we got introduced our self I found that couple of guys are from my apartment complex where I live for the past three years but never met them before. Another two guys from nearby apartments which are in walk able distance.

It is for sure that the State Chapters are good networking opportunity for everybody. Definitely it will help each of us one or the other way. Let us keep it going.

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satya1234

03-26 01:11 PM

Hello,

I had applied for the H1 Extension in Sep 2009 and it went to Security Check. My Visa and I94 expired in Nov 2009. Recently, H1b transfer has been applied, and got the I129 approval but EOS(I94) has been rejected by saying that

" An Extension of Stay(EOS) mayn't be approved for an appllicant who failed to maintain his/her previously accorded status or where such status expired before the application or petition was filed( see CFR 214.1(c)(4) and 248.1(b))".

New employer says that i can't work for him till I94 accepts. So he is suggesting me togo India and get Visa stamped.

As i can work only 240 days from my I94 expiry date, i can't work after July 2010
so am planning to go to India to attend the embassy as soon as possible.

Some are saying that i am no supposed to stay here as I94 expired but when i says to my employer he says that you can stay and work as long as the current extension decision is pending. so i am scared about it. could you plz help me out on this.

Am also wondering that is there any chances of gettinga Visa rejected in India as my extension is in pending or they are going to keep in hold till my security
clearance is done. I am in fix what to do??.

Any help is appreciated.

Thanks in Advance,
Satya.

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Maverick_2008

04-16 03:51 PM

Is it true even for principal applicant? If 140 is denied, isn't your EAD invalidated? In other words, if 140 (immigration petition) is denied, there is nothing to adjust your status on and so even 485 becomes invalid.

Folks, please enlighten me, if I'm missing anything here.

Maverick_2008

No.

Her EAD is tied to her 485 not to your 140. As long as the 485 status is pending, her EAD is valid. Even if the 485 is rejected, if it is something that can be fixed thru an MTR, then filing an MTR and changing the status back to pending is still fine. It is not necessary to stop using the EAD for that brief period.

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gc4me

07-30 11:50 AM

I guess you meant 'Spouse related difficult GC question'. :D
I liked the joke.. the title originally was: "Difficult Spouse related GC question" ;)

I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.

Thanks for the input.

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senthil1

04-14 09:58 PM

Even though your employer made you to fake your experience you accepted that. If your employer or anyone complaints about faking your experience you may be in serious trouble especially if you put USA experience. That could lead to fraud charge (In case if anyone reports to FBI) in extreme case. But I did not hear any cases like that in past because no one made formal complaint to government agencies.

Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?

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Munna Bhai

01-09 03:42 PM

Hello,

Please share your RFEs!! What was the reason and how you handled it. That will be great input.

-M

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prem_goel

11-22 10:11 PM

Hi, is anyone planning for H1b stamping at Tijuana mexico on 30th November. If so, please contact and we shall plan together. I am in LA area. Thanks!

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richana

05-14 06:59 PM

I would suggest councillor processing they're higher in the order than the counselor. But Do not try the consular processing because it's too hard to google it

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deecha

07-16 01:25 PM

Hello,

I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.

That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?

Thanks for going through my post.

This is a huge gray area and I find myself in a similar predicament. According to AC21 if you change jobs, you must be in the same or similar occupation. Now, if you're going to file EB2, then obviously the job has different requirements. If you can somehow prove that the new job is "similar" to the old position, yet it requires some kind of advancement to justify EB2, you can do what you're attempting to do. Maybe software engineer --> technical architect is justified under AC21, however technical architect needs (say) 7 years of experience + Bachelors in CS. I believe in such a situation, you should be ok. However I don't think you can count any experience in your new company towards the EB2 sponsored in your new company.

In any case, I am not a lawywer. It's best to consult an experienced attorney and get this sorted out.

One more thing, I would highly appreciate it if you could post your findings in this thread/forum.

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monkeyman

10-17 01:51 PM

Do women have to fill in the DS 157?
It shows up as a required to fill form for my wife?

Yes - now its based on age. You do not require DS-157 for children and seniors. Everyone else requires that.

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reddymjm

05-16 01:53 PM

Sent an email to 20 of my friends @ work to that and following up with them.

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gc_check

10-15 03:10 PM

Lawyers havent received notice yet either...does CSC only enter receipt dates or do they process EAD, AP etc. as well prior to transfers?
CSC will transfer the 485 to other service center (TSC, etc..) if you do not belong to their jurisdiction, but will process your EAD/AP, if they do the data entry. My 485 is transfered to TSC and got the transfer notice, but they also processed the EAD/AP. Received the EAD/AP from CSC.

vin13

01-16 10:24 AM

Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).

You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.

Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.

eldrick

08-16 02:12 PM

Thank you guys.

What is bothering me is that they told us the Wrong Information PLUS lawyer was just asking for filling fees(which is 745) during the time of signature but now Company is charging even for legal fees.

I believe they want to earn extra money from us. What should we do now about this wrong info?

You think we have no choice here but to pay?

I'm sorry and thanks for your help.

benjaminnatalie

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