rkgc
05-30 12:01 AM
Done, thx
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Brightsider
08-30 09:35 AM
Hi Dinesh,
I am a physician myself who served j1 waiver and on AOS from 7/07. My son is a going to be a senior in High School this year. Why did you have a problem with state college apps on AOS/EAD?
Vina,
I had intended to respond to your post, but ended up with a different one. Do take a look at my post, sent a few minutes ago, about college admissions on AOS, and the related tuition issues.
Best of luck
I am a physician myself who served j1 waiver and on AOS from 7/07. My son is a going to be a senior in High School this year. Why did you have a problem with state college apps on AOS/EAD?
Vina,
I had intended to respond to your post, but ended up with a different one. Do take a look at my post, sent a few minutes ago, about college admissions on AOS, and the related tuition issues.
Best of luck
JunRN
12-18 09:46 PM
Fraud is usually about lie. If you hide a material fact from USCIS, that is a lie by ommision; and becomes a fraud if it was done intentionally. Changing employment while on EB GC application is a material fact and would matter much when USCIS decides on your case.
Usually, this kind of ommision is found out when the individual applies for another immigration benefit or for Naturalization.
Usually, this kind of ommision is found out when the individual applies for another immigration benefit or for Naturalization.
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tonyHK12
10-28 10:10 AM
There is no freedom and especially education in India. in US even if you are a 60 year old you can join a university but in India things are different
What do you mean? My father was an engineer and he started his Bachelor of law at age 58 in 1996 in India, after retirement. regular college, which only 10% pass out off.
Again never compare Canada with India, India is Unique and I am not putting my Motherland on Trash, You are in a way doing that, by comparing it with Canada and USA.
I'm only comparing the economy and education not the culture.
STOP religious Conversion and propoganda all over the world all the countries will live happily.
Well that was funny, I'm mostly an atheist.
The first thing you should understand are most of these conversions are started by foreign organizations and their followers, and conversions by force or by paying money should be stopped immediately.
Well some general knowledge for you - I haven't heard of native roman catholics converting anyone. They are very conservative and it is very difficult religion to follow - numbers don't matter.
What propaganda is this? The american overseas pursuits are not related to religion.
There are some rogue organizations here, who run this as a business, with profit/loss, and they need to be monitored in India. They surely have branches there too.
What do you mean? My father was an engineer and he started his Bachelor of law at age 58 in 1996 in India, after retirement. regular college, which only 10% pass out off.
Again never compare Canada with India, India is Unique and I am not putting my Motherland on Trash, You are in a way doing that, by comparing it with Canada and USA.
I'm only comparing the economy and education not the culture.
STOP religious Conversion and propoganda all over the world all the countries will live happily.
Well that was funny, I'm mostly an atheist.
The first thing you should understand are most of these conversions are started by foreign organizations and their followers, and conversions by force or by paying money should be stopped immediately.
Well some general knowledge for you - I haven't heard of native roman catholics converting anyone. They are very conservative and it is very difficult religion to follow - numbers don't matter.
What propaganda is this? The american overseas pursuits are not related to religion.
There are some rogue organizations here, who run this as a business, with profit/loss, and they need to be monitored in India. They surely have branches there too.
more...
saggi13
02-17 10:25 PM
i had a GC of a priority date 01-13-2003. Then my employer was kind enough to do one more simultaneous application with a date of 11-15-2004.
The attorney we were working with at that time exchanged the I140 between apps and he screwed up big time on my 2003. So we had to withdraw both my I140 approved 2003 application and the 11-15-2004.
Then we had to go back and apply for Perm and start the process again. I spent 5K and my employer about another 5K on 3 apps so far.
if it is fate on one side it was USCIS on the other, but god was on my side, and hence i am still in this country!!!!
peace
p.s - I had updated my original post with the I140 details
The attorney we were working with at that time exchanged the I140 between apps and he screwed up big time on my 2003. So we had to withdraw both my I140 approved 2003 application and the 11-15-2004.
Then we had to go back and apply for Perm and start the process again. I spent 5K and my employer about another 5K on 3 apps so far.
if it is fate on one side it was USCIS on the other, but god was on my side, and hence i am still in this country!!!!
peace
p.s - I had updated my original post with the I140 details
ssdtm
09-14 12:35 PM
I noticed it after I made payment via credit card.....so it was too late to make any corrections.
But I am yet to send the supporting documents to USCIS to adjudicate this application.
What should I do:
1) Send letter, explaining the correct DOB, while sending all other documents
OR
2) Wait for RFE
OR
3) Revoke this and file another
But I am yet to send the supporting documents to USCIS to adjudicate this application.
What should I do:
1) Send letter, explaining the correct DOB, while sending all other documents
OR
2) Wait for RFE
OR
3) Revoke this and file another
more...
nrk
10-27 09:54 AM
Hi I just talked to customer service representative, she said that It is either due to a security check or Department of Homeland security trying out different exercises before approving the case. So Please wait for some more time and give a check. when the applications went to security check, the similar kind of response you will get. If your case falls under a specific section we will put the section in that.
If you need more information or you are worried please take an info pass otherwise please check back with us later.
If you need more information or you are worried please take an info pass otherwise please check back with us later.
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InTheMoment
08-15 02:42 PM
Two things I would like to mention here:
First, a possibilty of an RFE for your laetest Employment Verification only arises when certain red-flags are raised. Among them are:
1.) Address on file (which has changed after filing I-485) is in a different state from the place of employment. Now I am sure the officer knows that DC and Virginia/Maryland or NH and MA are different states but still they can be daily commuter workers sou could be spared.
I have seen more than a bunch of folks getting RFE's for this specific reason.
2.) Long time (upto the discretion of the CAO..but I feel it is more than 18 months) has passed since the I-485 has filed.
3.) Any other history of excessive job-hopping.
Please pitch in if you know any other substantive reason.
Second,
For the job description from the new employer: I would say put whatever the new employer says but make sure ...for sure to copy paste two related sentences from your old job desc. into the new one to be the first bullets in the description.
I had changed jobs using AC21, used EAD, moved to a different state (5-6 states apart, i.e not a daily commuter) had a slightly different job title. Oh I was so sure that I would get an RFE ...I made sure I sent the AC21 docs against the advise of my attorney (he wanted CIS to send the RFE, made no sense as that would have literally wasted time and my money ;))...and did all the things that I just said about the new EVL...and got the I-485 approved without any issues.
Go ahead and make the best of AC21!:)
First, a possibilty of an RFE for your laetest Employment Verification only arises when certain red-flags are raised. Among them are:
1.) Address on file (which has changed after filing I-485) is in a different state from the place of employment. Now I am sure the officer knows that DC and Virginia/Maryland or NH and MA are different states but still they can be daily commuter workers sou could be spared.
I have seen more than a bunch of folks getting RFE's for this specific reason.
2.) Long time (upto the discretion of the CAO..but I feel it is more than 18 months) has passed since the I-485 has filed.
3.) Any other history of excessive job-hopping.
Please pitch in if you know any other substantive reason.
Second,
For the job description from the new employer: I would say put whatever the new employer says but make sure ...for sure to copy paste two related sentences from your old job desc. into the new one to be the first bullets in the description.
I had changed jobs using AC21, used EAD, moved to a different state (5-6 states apart, i.e not a daily commuter) had a slightly different job title. Oh I was so sure that I would get an RFE ...I made sure I sent the AC21 docs against the advise of my attorney (he wanted CIS to send the RFE, made no sense as that would have literally wasted time and my money ;))...and did all the things that I just said about the new EVL...and got the I-485 approved without any issues.
Go ahead and make the best of AC21!:)
more...
inskrish
08-20 10:01 PM
I'm sorry to hear this...Its happened...
if you really wanna bring your employer to lime light..prepare yourself..first....Remember..its your life here...anyone[including me) can give free suggestion here ....
There is no use working with this kind of Employer anymore...so my advice is switch to another employer[Good One] before you react to this...Make sure you pretend as if you are not aware of this and get the best out of him before you leave...once you r done...then show who is he to the outside world...
I'm sure you be having atleast mail proof...[If not ditch the plan of suing and move on with your next opportunity]....take some time and prepare all the possible proof...hire a good lawyer....File a case against the attorney in the local law chamber where the attorney is practising....they will definely call you to settle the case...make sure you record it as the proof[if you don't have one already ::)].....
Then hit the employer...make sure you ask a collosal sum through your attorney[Never give chances]....and then post his name and details in the Immigration blogs....
You lost one of the major milestone in your life...never give up this time....
Best of luck
This is really a good advice. Yes, it is important that you make sure there is no threat to your job or H1B visa. Once you are at a safe position, then roll up your sleeves and show your power.
Regards,
IK
if you really wanna bring your employer to lime light..prepare yourself..first....Remember..its your life here...anyone[including me) can give free suggestion here ....
There is no use working with this kind of Employer anymore...so my advice is switch to another employer[Good One] before you react to this...Make sure you pretend as if you are not aware of this and get the best out of him before you leave...once you r done...then show who is he to the outside world...
I'm sure you be having atleast mail proof...[If not ditch the plan of suing and move on with your next opportunity]....take some time and prepare all the possible proof...hire a good lawyer....File a case against the attorney in the local law chamber where the attorney is practising....they will definely call you to settle the case...make sure you record it as the proof[if you don't have one already ::)].....
Then hit the employer...make sure you ask a collosal sum through your attorney[Never give chances]....and then post his name and details in the Immigration blogs....
You lost one of the major milestone in your life...never give up this time....
Best of luck
This is really a good advice. Yes, it is important that you make sure there is no threat to your job or H1B visa. Once you are at a safe position, then roll up your sleeves and show your power.
Regards,
IK
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reddog
01-26 12:03 PM
1. Your old employer can revoke your I-140, however they cannot do anything to your I-485 application. Technically this should not matter since you are eligible for AC-21 (greater than 180 days, same or similar job).
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
brilliant dude. nice reply.
2. Unfortunately, for one reason or another USCIS has been mistakenly issuing immediate denials (no NOID or RFE - just straight denial) for people with revoked I-140s.
3. After the I-485 denial, the process involves filing an MTR to explain to the USCIS that your case should be portable based on the AC 21 law, Yates memo etc.
4. If you do not have H1b, and are solely dependent on EAD, then you should technically not work when I-485 gets denied. However, there are 2 schools of thought out there: one school believes not to work since the 485 is denied, and another school believes to work since EAD was not explicitly revoked, and since you believe USCIS wrongly denied your I-485. Also, the latter school argues that since your MTR would be opened withing 2-3 months, you can accrue less than 180 days presence, and use 245k to seek pardon for that. Its all about the risk appetite of the new company and their lawyers.
5. Based on my research, it looks like MTR is taking anywhere from 2 weeks to 3 months, with the latter being more likely due to the increase in MTRs lately. My advice here will be to discuss all these options with your new employee, to see what their thought is. Obviously, if you feel they will tell you to go home, and won't keep the job open for 2-3 months, then it might make sense to either find another employer who will be willing to file H1b, or stay put.
6. I invoked AC 21, moved on EAD, and got denied last week. I had done all my research, and got guarantee from prior company that they would not revoke I-140. I called them after i got the CRIS email and they said they had not revoked I-140. So i am still waiting for Denial Notice to see reason why.
Bottom line, AC 21 comes with risk, and you have to be ready to ride the wave, if things are to get delayed or you are to be out of work for some time. If there was anything I could have done differently, I would have REALLY forced new employer to file H1b on my behalf. I feel i laid down too easily on this request after my previous company said they would not revoke I-140. I did ask the legal team of the new company, and they said no. I should have discussed with my bosses, since they really wanted me, and would have probably overriden the legal team.
But life goes on...
brilliant dude. nice reply.
more...
shreekhand
04-22 08:34 PM
Totally agree that an average cop would have no idea about approved H1-B petition, AOS etc. and would be a big training issue.
But... your experience with the consular officer., not quite surprised. Being a Dept of State employee, she has no reason to know nor has mandate on immigration enforcement laws or their intricacies. That is the arena of the DHS. Somehow, for us DHS/DOS is all one.
You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.
But... your experience with the consular officer., not quite surprised. Being a Dept of State employee, she has no reason to know nor has mandate on immigration enforcement laws or their intricacies. That is the arena of the DHS. Somehow, for us DHS/DOS is all one.
You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.
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satishku_2000
08-20 04:08 PM
You may be able lodge a complaint at your district attorneys office. you have to find your local DA's details. If you are from one of the coasts the chances of your DA's office having a section for immigration related complaints is high.
more...
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ras
07-19 09:37 PM
I would urge you to change the title as most of your problems are due to your own decisions and not due to agency.
This may not be true. This is the problem being faced by many singles. Ofcourse those singles are postponing their plans just because of USCIS policies which in the case of singles is ridiculous. There is no meaning to make a person wait for 5-10 years to get one's spouse just because he applied for a Green Card. I see various kinds of visas for the spouses in other categories like H1 has H4
L1 has L2/L4 ( I dont know what that is)
and so on so forth..
but for a spouse of AOS? nothing.
All the crap of going on H1 are ridiculous. At the first place one has to get a sponsor for H1 and then there are all those issues out of being H1 with the employer and USCIS. There is no benefit of being on AOS. They cannot use EAD. They cannot start companies freely, etc because they are supposed to be on H1 or L1 etc.
This may not be true. This is the problem being faced by many singles. Ofcourse those singles are postponing their plans just because of USCIS policies which in the case of singles is ridiculous. There is no meaning to make a person wait for 5-10 years to get one's spouse just because he applied for a Green Card. I see various kinds of visas for the spouses in other categories like H1 has H4
L1 has L2/L4 ( I dont know what that is)
and so on so forth..
but for a spouse of AOS? nothing.
All the crap of going on H1 are ridiculous. At the first place one has to get a sponsor for H1 and then there are all those issues out of being H1 with the employer and USCIS. There is no benefit of being on AOS. They cannot use EAD. They cannot start companies freely, etc because they are supposed to be on H1 or L1 etc.
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jonty_11
06-04 06:25 PM
only reason USCIS can afford to do it is becoz they are not accountable (As we are not a vote bank)...
But with IV on our side, we can make them streamline their procedures and work efficiently - whcih has never been a priority.
But with IV on our side, we can make them streamline their procedures and work efficiently - whcih has never been a priority.
more...
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gk_2000
07-29 01:09 PM
Like it or not, USA want diversity;), they not want to be a second Indian, Asian, Mexican, African, European etc country.
And one way to try to manage this is by country limits.
The "diversity" is a celebrated argument in USA. However, it takes a backseat when doling out amnesty. And "justice" is also important, and you can't sacrifice something as important as Justice for "diversity", which is just a long-term-point-of-view concept
And one way to try to manage this is by country limits.
The "diversity" is a celebrated argument in USA. However, it takes a backseat when doling out amnesty. And "justice" is also important, and you can't sacrifice something as important as Justice for "diversity", which is just a long-term-point-of-view concept
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jonty_11
07-06 02:17 PM
We need someone to youtube this and help with the media campaign!
Can someone record and post this....?
Can someone record and post this....?
more...
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rdehar
07-17 10:29 AM
H-1B - Specialty occupation : April 02, 2007
This has not changed in 1 month !!
Nice !!
This has not changed in 1 month !!
Nice !!
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naushit
12-12 04:23 PM
I think that the DOS (Dept of State) releases VISA Numbers on a quarterly basis. If that is the case, there should be movement in EB2 India in Jan 2007.
The other possibility always exists that the numbers were released for this quarter but the demand was SO HIGH that the net date did not move at all.
possible?? maybe!!
My understanding is (50% confidence level) , Number for next quarter ( JAN-FEB-MARCH) are already released, and accounted in this Bulletin. My logic is Oct-Nov-Dec was the 1st quarter, and thats why there was change in Oct Bulletin, If this is true...then we should not expect any change in FEB and March bulletin.
I hope I am wrong. please confirm!
The other possibility always exists that the numbers were released for this quarter but the demand was SO HIGH that the net date did not move at all.
possible?? maybe!!
My understanding is (50% confidence level) , Number for next quarter ( JAN-FEB-MARCH) are already released, and accounted in this Bulletin. My logic is Oct-Nov-Dec was the 1st quarter, and thats why there was change in Oct Bulletin, If this is true...then we should not expect any change in FEB and March bulletin.
I hope I am wrong. please confirm!
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boys1729
04-09 11:21 AM
I completely agree with you amit 79, those fraud bodyshop consultants should be banned from applying for h1-b.
gmatch
12-13 03:56 PM
It is not that i have full basket of apples now... my previous 2-employers promised me to start labor...but they did not do it..even i sent my docs 2-times to the previous employer ..but they gave lie assurances & very dumb...so i have lost my 2.5 years just waiting on their promises...& nothing got.
Finally, I made up my mind ...either to get it on fast track OR leave this option... forever.
I don't see anything wrong in it...as the previous person already left that labor unused... & employer needs those skills..which he found in me.
Finally, I made up my mind ...either to get it on fast track OR leave this option... forever.
I don't see anything wrong in it...as the previous person already left that labor unused... & employer needs those skills..which he found in me.
IndianIII
09-27 10:35 PM
Your university looks like a wierd one. How can one get a course completion certificate when there were 2 papers pending.
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