arnab221
06-08 08:52 PM
The preadjucation process is just like bringing a pregnant woman into labor but not allowing her to give birth till the babies number comes . The woman then needs to be painful labor for 28 years ( some member said that’s how long it will take ) , so the baby is grown and healthy ( preadjucated according to USCIS ) , but the doctors from the Department of state ( DOS ) are not allowing the baby to come out into the world .
USCIC is off late preadjucating the petitions and keeping them ready and many members seem to thrive on just seeing and discussing the LUD dates since by now most of us know somewhere in the subconsious that the GC is a nothing but a bone tied to our tail which we might never be able to bite .
Some members including me who unfortunately lack the analytical skills of some looked into a very interesting thread some time back which said EB2 will be current within a year . It spoke about 'spillovers' and we all were very happy that finally our baby will see the light of the day . Just like hope never dies I even though the dates have moved back to a date when most of us were in graduate college and the Clinton administration just left , some members are still now hopeful of a "spillover".
I for one have done what it takes for 4 long years in all ways possible to wake these guys up and now I am honestly least bothered about my GC and I feel the earlier members get to this level of mindset it will give them a lot of mental peace . I am just waiting for my visa to expire or my wall street employer to lay me off( whichever happens earlier ) in which case I also get a free ticket home .
The expectation that "next month may be the month" will surely kill you long before your GC actually gets cleared ( after 28 years ) .
USCIC is off late preadjucating the petitions and keeping them ready and many members seem to thrive on just seeing and discussing the LUD dates since by now most of us know somewhere in the subconsious that the GC is a nothing but a bone tied to our tail which we might never be able to bite .
Some members including me who unfortunately lack the analytical skills of some looked into a very interesting thread some time back which said EB2 will be current within a year . It spoke about 'spillovers' and we all were very happy that finally our baby will see the light of the day . Just like hope never dies I even though the dates have moved back to a date when most of us were in graduate college and the Clinton administration just left , some members are still now hopeful of a "spillover".
I for one have done what it takes for 4 long years in all ways possible to wake these guys up and now I am honestly least bothered about my GC and I feel the earlier members get to this level of mindset it will give them a lot of mental peace . I am just waiting for my visa to expire or my wall street employer to lay me off( whichever happens earlier ) in which case I also get a free ticket home .
The expectation that "next month may be the month" will surely kill you long before your GC actually gets cleared ( after 28 years ) .
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acecupid
06-12 04:30 PM
Guru, I intend to seek your opinion/thoughts on some thing that is going on in mind.
I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India
The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.
My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)
Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)
Didnt you ask your desi company how they will help in GC process if you join full time ?
I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India
The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.
My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)
Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)
Didnt you ask your desi company how they will help in GC process if you join full time ?
vaishnavilakshmi
06-19 02:36 AM
Hi,
Eb2 Priority date (priority date-june2004) , I-140 approved
Eb3 priorty date (substituted labor with priorit date as feb2002) applied for I-140 on
1st jun 2007 .waiting for i-140 approval.
Should I file for i-485 on Eb2 where I-140 is already approved or use Eb3 where I-140 is pending but priorty date feb2002 ????????????
Attorneys and members,
please suggest me,i have only 1day left for decision,
vaishu
Eb2 Priority date (priority date-june2004) , I-140 approved
Eb3 priorty date (substituted labor with priorit date as feb2002) applied for I-140 on
1st jun 2007 .waiting for i-140 approval.
Should I file for i-485 on Eb2 where I-140 is already approved or use Eb3 where I-140 is pending but priorty date feb2002 ????????????
Attorneys and members,
please suggest me,i have only 1day left for decision,
vaishu
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ivar
02-11 12:07 PM
You can do it, we can help. --Home Depot
Good one. :-)
Good one. :-)
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raysaikat
11-18 11:38 PM
Hi,
I would really appreciate if someone throws some light on this issue. I am a J1 scholar at the University of Pennsylvania. I do not know what category that is because I am not paid either by my sponsor (upenn) or by my own government(India).
Who does pay you? Don't your paychecks come from UPenn? Even if a company is sponsoring your project, technically the company is paying UPenn, and you are being paid by UPenn.
Now, i wish to get enrolled in a full time MS program of University of Arkansas. In order to do that, should I apply for transfer of J1 from UPenn to U of A ...or should apply of transfer of visa from J1 to F1.
As far as I remember, you cannot be a full-time student in J1. You need to get F1.
In case I apply for F1, can I :
1. Start my classes till my transfer from j1 to f1 is pending
No, you must get F1 on hand.
2.receive assistantship or on campus employment from UofA till my status from j1 to f1 is pending?
Thanks in advance.
No, you must get F1 on hand.
In any case, the International Student's Office in U of A will be able to tell you the exact requirements (they will not let you join unless you have the right VISA in hand), and basically you must follow what they say. Typically universities handle visa norms very strictly.
I would really appreciate if someone throws some light on this issue. I am a J1 scholar at the University of Pennsylvania. I do not know what category that is because I am not paid either by my sponsor (upenn) or by my own government(India).
Who does pay you? Don't your paychecks come from UPenn? Even if a company is sponsoring your project, technically the company is paying UPenn, and you are being paid by UPenn.
Now, i wish to get enrolled in a full time MS program of University of Arkansas. In order to do that, should I apply for transfer of J1 from UPenn to U of A ...or should apply of transfer of visa from J1 to F1.
As far as I remember, you cannot be a full-time student in J1. You need to get F1.
In case I apply for F1, can I :
1. Start my classes till my transfer from j1 to f1 is pending
No, you must get F1 on hand.
2.receive assistantship or on campus employment from UofA till my status from j1 to f1 is pending?
Thanks in advance.
No, you must get F1 on hand.
In any case, the International Student's Office in U of A will be able to tell you the exact requirements (they will not let you join unless you have the right VISA in hand), and basically you must follow what they say. Typically universities handle visa norms very strictly.
radduri
03-17 12:36 PM
Hello,
I would appriciate if some clarify me on the below queries.
Here my situation is, I had a H1 approved in July 2008 and got stamped in Feb 2009. due to recission I wasn't on travel to US on my H1 status but in Nov 2009 my indian current employer asked me to travel US on business trip for 6 months but at the port of entry they gave only 3months stamp on I94 so my company applied extension for 3 months and got approved. Now my client asked me to join in his company and he is willing to take care of H1.
So here my queries are.
1. In my case how you want me to processed. do i need to transfer my current H1 on my client name or my client need to apply for a new h1.
2. If he applies a new H1 then am i able to work imidiately here.
3. if he applies for a H1 (either Transfer or New) how much time it will take to get approved. what is the best process to get approval imidiately(with in short time. becasue i have only 6 week of time to get expired my B1 I94)
4. Is there any issues if i accept my client offer.
Please help me to get clarify on all these issues.
Thanks,
Ram
I would appriciate if some clarify me on the below queries.
Here my situation is, I had a H1 approved in July 2008 and got stamped in Feb 2009. due to recission I wasn't on travel to US on my H1 status but in Nov 2009 my indian current employer asked me to travel US on business trip for 6 months but at the port of entry they gave only 3months stamp on I94 so my company applied extension for 3 months and got approved. Now my client asked me to join in his company and he is willing to take care of H1.
So here my queries are.
1. In my case how you want me to processed. do i need to transfer my current H1 on my client name or my client need to apply for a new h1.
2. If he applies a new H1 then am i able to work imidiately here.
3. if he applies for a H1 (either Transfer or New) how much time it will take to get approved. what is the best process to get approval imidiately(with in short time. becasue i have only 6 week of time to get expired my B1 I94)
4. Is there any issues if i accept my client offer.
Please help me to get clarify on all these issues.
Thanks,
Ram
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amits
08-02 11:46 PM
Now, as the AOS is filed, will it make a difference later on - filing AOS under EB2 would have got him the Green Card ealier?
Similar case. My lawyer told me that we can't apply the second I140 under premium because the original labor is gone with the first I140. So, I could not wait for second I140 and went ahead and filed for 485 under EB3.
Similar case. My lawyer told me that we can't apply the second I140 under premium because the original labor is gone with the first I140. So, I could not wait for second I140 and went ahead and filed for 485 under EB3.
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sona75
07-28 09:48 AM
I am on EAD. my priority date is Oct 2003 EB3.
I got new job that requires security clearance, so applied and got preliminary security clearance and started working as a contractor at Federal worksite.
Now i got letter from Department of homeland security saying i am not allowed to work at Federal worksite because my Adjustment of status is pending from Aug 2007, also saying Contact USCIS to get resolved or provide evidence i am in touch base with USCIS regards to this matter.
Since my priority date is not current, USCIS is not going to anything.
While applying this job i gave my EAD copy. They accepted Now i do know why i got this letter ?
IS there any one had same kind of situation?
Where or whom should I need communicate at USCIS? do they give any letter?
Thanks
I got new job that requires security clearance, so applied and got preliminary security clearance and started working as a contractor at Federal worksite.
Now i got letter from Department of homeland security saying i am not allowed to work at Federal worksite because my Adjustment of status is pending from Aug 2007, also saying Contact USCIS to get resolved or provide evidence i am in touch base with USCIS regards to this matter.
Since my priority date is not current, USCIS is not going to anything.
While applying this job i gave my EAD copy. They accepted Now i do know why i got this letter ?
IS there any one had same kind of situation?
Where or whom should I need communicate at USCIS? do they give any letter?
Thanks
more...
kishdam
03-10 09:52 AM
Hi,
I changed job (new position start day is today) - and am struggling to decide whether to send or not send AC21 letter. Got the documentation from new employer but not sure whether to send it or not. For now decided to send just the G-28 form (change of attorney) immediately to get any info from USCIS to my lawyer. If I decide to send AC21 letter later - say after couple months - can we do that? (I mean sending AC21 letter 2/3 months after changing the job) - is this effective/advisable?
I am thinking on these lines because I am not sure what my old employer would do with approved I140. I left on good terms with immediate managers - but its a very big organization and the official HR policy simply says that "they would follow attorney's guidelines - and will abide by whatever USCIS rule in deciding future course in case an employee leaves midway thru greencard process". Those are exact words and there is no other explanation.
Anyone in similar situation and what are you doing please share - I need to complete this (atleast G-28 in a day or two). Thanks
I changed job (new position start day is today) - and am struggling to decide whether to send or not send AC21 letter. Got the documentation from new employer but not sure whether to send it or not. For now decided to send just the G-28 form (change of attorney) immediately to get any info from USCIS to my lawyer. If I decide to send AC21 letter later - say after couple months - can we do that? (I mean sending AC21 letter 2/3 months after changing the job) - is this effective/advisable?
I am thinking on these lines because I am not sure what my old employer would do with approved I140. I left on good terms with immediate managers - but its a very big organization and the official HR policy simply says that "they would follow attorney's guidelines - and will abide by whatever USCIS rule in deciding future course in case an employee leaves midway thru greencard process". Those are exact words and there is no other explanation.
Anyone in similar situation and what are you doing please share - I need to complete this (atleast G-28 in a day or two). Thanks
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Blog Feeds
10-28 01:10 PM
AILA Leadership Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
more...
AGUTHA
02-22 09:05 AM
Hello,
My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.
----You can apply after Mar 10.
I have to visit my home country in May 10 and i wanted to go with my new h1b documents.
---If you go on May 10, You can get US visa for remaining months.
----my idea is apply premium on Mar 1st.You will get it within 15 days.
My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.
----You can apply after Mar 10.
I have to visit my home country in May 10 and i wanted to go with my new h1b documents.
---If you go on May 10, You can get US visa for remaining months.
----my idea is apply premium on Mar 1st.You will get it within 15 days.
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webm
02-25 09:16 PM
Can someone travel with AP with an expired passport? Thank you.
You always need to have valid PP during travel (esp when travelling overseas,POE)....Not a expired one...
You always need to have valid PP during travel (esp when travelling overseas,POE)....Not a expired one...
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gc2
01-11 07:53 AM
I was in similar situation sometime back. It seems that CP is tied to I-140 (not 485) thus primary applicant is only eligible for CP. Check out visa bulletin date progression for family class - these are catching up with EB2 dates. I would imagine when you get your GC, you could apply for dependents in family class and expect to have the same cleared in a year or so. Again this is purely speculative.
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nmdial
10-16 05:21 PM
Please, count me in.
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sreenivas11
07-15 11:14 AM
I am in
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pappu
01-01 06:31 PM
IV has been featured in India Post newspaper.
http://immigrationvoice.org/forum/showthread.php?p=40338#post40338
Could someone send me the scanned copy of the article? I would post it on the site for everyone to see and also record it for our purposes.
himanshu at immigrationvoice.org
thanks
http://immigrationvoice.org/forum/showthread.php?p=40338#post40338
Could someone send me the scanned copy of the article? I would post it on the site for everyone to see and also record it for our purposes.
himanshu at immigrationvoice.org
thanks
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aries
08-28 01:28 PM
Hello Friends,
My wife is on F1, doing her masters and is done with her course work, just left with one project (2 credits). Her college has the option of getting CPT (curriculum practical training) signed till the time her masters is not complete and then she is allowed to work off campus for 40 hours (full time).
I have also filled for my 485 application, so I was wondering what is her status now after filling for 485 . Also is it fine if she gets her CPT signed now after filing I485. I just want to be sure that getting her CPT signed has no negative impact on our I 485.
Any suggestions or anyone in similar situation
Thanks!
My wife is on F1, doing her masters and is done with her course work, just left with one project (2 credits). Her college has the option of getting CPT (curriculum practical training) signed till the time her masters is not complete and then she is allowed to work off campus for 40 hours (full time).
I have also filled for my 485 application, so I was wondering what is her status now after filling for 485 . Also is it fine if she gets her CPT signed now after filing I485. I just want to be sure that getting her CPT signed has no negative impact on our I 485.
Any suggestions or anyone in similar situation
Thanks!
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siddar
03-29 09:46 AM
Hi,
I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.
Thanks,
Venkat.
You might want to try CBP deferred inspection. For further details, go through the link below:
U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/)
Talk to any CBP site at nearby International Airport, and tell them that "while entering I've submitted all the documents, but the I-94 was given based on the old petition".
If one site denies, then try another site. Otherwise, you need to submit the application to USCIS to extend the I-94.
I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.
Thanks,
Venkat.
You might want to try CBP deferred inspection. For further details, go through the link below:
U.S. Customs and Border Protection - Contacts (http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/)
Talk to any CBP site at nearby International Airport, and tell them that "while entering I've submitted all the documents, but the I-94 was given based on the old petition".
If one site denies, then try another site. Otherwise, you need to submit the application to USCIS to extend the I-94.
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cr52401
03-02 09:29 PM
It really help if you are close to end of the time. I got it in 2 weeks.
Robert Kumar
03-23 01:09 PM
Hello,
If parents have US Visitor Visa, can they travel to the US on British Airways via London Heathrow airport without any transit visa requirements.
They have a valid visitor visa till 2018.
Does UK have any conditions which one needs to know
Thank You,
Bobby.
If parents have US Visitor Visa, can they travel to the US on British Airways via London Heathrow airport without any transit visa requirements.
They have a valid visitor visa till 2018.
Does UK have any conditions which one needs to know
Thank You,
Bobby.
NANO3
04-30 04:26 PM
thanks C:-)
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