justin150377
07-09 09:05 PM
Hope "Flower Campaign" will not irritate USCIS and backfire on us, to tough the immigration process.
It's too late there's a big stick up your ass already how much farther can they really push it in.
It's too late there's a big stick up your ass already how much farther can they really push it in.
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Googler
02-15 12:06 AM
Btw, apparently the law firm that argued the case for Mocanu and the others was: Orlow, Kaplan and Hohenstein (http://www.orlow.com/index.htm).
Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.
Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.
nixstor
08-21 10:19 PM
somegchuh
I am seriously considering starting a business as a partner with a Perm Resident. How ever, I have not delved into any details. Guys! Any input?
I am seriously considering starting a business as a partner with a Perm Resident. How ever, I have not delved into any details. Guys! Any input?
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go_guy123
06-18 10:52 PM
I met a US citizen of Indian origin who came to US in 1991 on a tourist visa and in those days, they managed to get green cards - dunno how. He never visited India. Got married here and still visualizes India as how it was in 80s.
By the way, even today if one marries a USC, one can get GC right away. Actually you get EAD till the GC gets processed.
Besides this, I have come across people coming to US in 1990 on B1, then overstay and convert to H1B.
Thats because 10 year ban and other tough rules etc for illegal stay was passed in 1996. Over the years immigration rules have been tightened.
1986: 2 year conditional GC for marriage to USC was passed. Before that one could marry get GC and divorce the next day. Employers need to do paper checking before they hire people.
1996: Beginning of tightening screws on immigrants.
First harsh anti- immigration was passed. affidavit of support for family based GC.
Massive increase in discretion powers for immigration officers at POE etc.
10 year ban etc on overstay
In fact 1996 rules were so harsh that basically the sheer strict enforcement of these rules on H1Bs makes life miserable.
Plus major difference between 1996 and 1986
In 86 tough rules was a price extracted for amnesty for illegals.
In 1996 not even one clause was pro immigrants.
By the way, even today if one marries a USC, one can get GC right away. Actually you get EAD till the GC gets processed.
Besides this, I have come across people coming to US in 1990 on B1, then overstay and convert to H1B.
Thats because 10 year ban and other tough rules etc for illegal stay was passed in 1996. Over the years immigration rules have been tightened.
1986: 2 year conditional GC for marriage to USC was passed. Before that one could marry get GC and divorce the next day. Employers need to do paper checking before they hire people.
1996: Beginning of tightening screws on immigrants.
First harsh anti- immigration was passed. affidavit of support for family based GC.
Massive increase in discretion powers for immigration officers at POE etc.
10 year ban etc on overstay
In fact 1996 rules were so harsh that basically the sheer strict enforcement of these rules on H1Bs makes life miserable.
Plus major difference between 1996 and 1986
In 86 tough rules was a price extracted for amnesty for illegals.
In 1996 not even one clause was pro immigrants.
more...
indiablues
12-26 10:08 AM
Pappu - thanks for the quick reply.
The reason I asked - I got the impression that IV is for the "highly qualified" people. I know "highly qualified" is a subjective term. I did 3 yrs bachelors in commerce from India. I was not sure if I am "highly qualified" or not. Reading through a forum I came to know about the SKIL bill - which I don't think is for guys with my qualification.
Is IV only pursuing SKIL bill or are there any other bills that would benefits people like me? If there are, then where can I read about those provisions? I want to browse though them and want to see if it would help my case.
Thanks again for your help.
IB
Thank you for joining IV.
IV is for everyone you have mentioned. Apart from the free legal advice we provide to our members by a qualfied immigration attorney we have a strong 7500 community of high-skilled legal immigrants that discuss immigration issues and problems.
You can get all the information from our website and know about the problems people face during the greencard process from
http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25
and how we are working to solve those problems
http://immigrationvoice.org/index.php?option=com_content&task=view&id=78&Itemid=54
The reason I asked - I got the impression that IV is for the "highly qualified" people. I know "highly qualified" is a subjective term. I did 3 yrs bachelors in commerce from India. I was not sure if I am "highly qualified" or not. Reading through a forum I came to know about the SKIL bill - which I don't think is for guys with my qualification.
Is IV only pursuing SKIL bill or are there any other bills that would benefits people like me? If there are, then where can I read about those provisions? I want to browse though them and want to see if it would help my case.
Thanks again for your help.
IB
Thank you for joining IV.
IV is for everyone you have mentioned. Apart from the free legal advice we provide to our members by a qualfied immigration attorney we have a strong 7500 community of high-skilled legal immigrants that discuss immigration issues and problems.
You can get all the information from our website and know about the problems people face during the greencard process from
http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25
and how we are working to solve those problems
http://immigrationvoice.org/index.php?option=com_content&task=view&id=78&Itemid=54
sparky63
February 2nd, 2005, 08:42 PM
Solitary 2 would have been a very strong shot if you'd been able to do two things:
Include the hole and fishing line going down into it.
Captured more of that facial expression.
Three things would have been conveyed: He's alone, he's fishing, and he's focused on his task.
You're absolutely right. I actually DID get a shot like that, but unfortunately I screwed up and clipped off more than half of his boots when framing it. Photoshop can't (easily) fix that.;)
Include the hole and fishing line going down into it.
Captured more of that facial expression.
Three things would have been conveyed: He's alone, he's fishing, and he's focused on his task.
You're absolutely right. I actually DID get a shot like that, but unfortunately I screwed up and clipped off more than half of his boots when framing it. Photoshop can't (easily) fix that.;)
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gbof
10-16 10:13 AM
This is what I can speculate from logical point of view. There can be an 2nd RFE which is basically seeking more clarification on an earlier RFE. These kind of RFE will be pretty much immediate to the preceeding RFE (within 1 -2 months)
After that hopefully there should not be any unrelated RFE with the assumption that IO has taken a complete look at the file before issuing a RFE. We do not want a RFE for BC and when that is replied IO sending another one for Medical or Marriage Certificate. We should reasonably assume that IO has taken a good look at the application before sending RFE.
But we can expect RFE for cases that are current. The reason being most of these cases might be lying with CIS for over 2-3 years before getting current and considering the current state of economy they might issue a RFE for updated EVL to check if the person is still working. That is again just a pure guess no one knows how CIS works in reality
eb2_mumbai,
Most your recent postings are logical but still so much red here- I gave you green.
After that hopefully there should not be any unrelated RFE with the assumption that IO has taken a complete look at the file before issuing a RFE. We do not want a RFE for BC and when that is replied IO sending another one for Medical or Marriage Certificate. We should reasonably assume that IO has taken a good look at the application before sending RFE.
But we can expect RFE for cases that are current. The reason being most of these cases might be lying with CIS for over 2-3 years before getting current and considering the current state of economy they might issue a RFE for updated EVL to check if the person is still working. That is again just a pure guess no one knows how CIS works in reality
eb2_mumbai,
Most your recent postings are logical but still so much red here- I gave you green.
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swita
03-25 02:56 PM
Thanks for your replies....Do you have to go on vacation before you file the labor certification application or can you file your PERM and then go on vacation and then apply for recapture .
more...
gcdreamer05
11-20 01:37 PM
Great useful service to the immigration folks
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viveksri
02-28 02:13 AM
Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
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skothuru
06-21 12:03 PM
Congratulations!!!!!
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
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gcdreamer05
02-05 01:06 PM
You cannot use the experience gained in the current position , so subract that and then do the MS + watever was present before the current position and go for it.
Also check some thread on IV which talks about EB2 rules changed or something with respect to job codes etc...
Also check some thread on IV which talks about EB2 rules changed or something with respect to job codes etc...
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tinamatthew
07-21 02:00 PM
Thank you katrina for your response.
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
It probably will not show up, but if you think you will be that nervous then you may want to get an attorney. But your case looks ok. You have maintained status since your last entry.
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
It probably will not show up, but if you think you will be that nervous then you may want to get an attorney. But your case looks ok. You have maintained status since your last entry.
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shahzaib616
05-17 06:41 PM
I have posted this in another thread within this forum, however because of the numerous amount of questions and answers posted on that thread, I fear that my post will be overlooked or unconsidered. Thus, I have reposted it as its own thread.
Moderators, if I have done something in violation of the forum rules by posting the same post on two threads, please do not hesitate to remove the thread. It was not my intent to violate any forum rules.
For everyone else, please read below for my story/question.
"Before I begin with my question, allow me to give you a brief overview of my case:
In the year 2000, I initially filed for Labor Certification.
In 2004, I received approval of my application for Employment Authorization (I-765).
In 2005, I was sent a letter from the USCIS indicating that my application was rejected because I failed to file my case prior to a certain date issued by the USCIS.
Pretty straightforward, right? Wrong. You see, in the last letter I was sent by the USCIS it states that I failed to file my case promptly enough; I filed my case nearly a year before the deadline was set!
My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.
I am unsure of what to do now... It is apparent that the USCIS messed up, but I cannot think of any way to reopen my case and prove it. My attorney has presented me with two options - in mid-June he will engage in a conference call with a senior individual at the Immigration Office, at which time he will present cases (including mine) which have been wrongfully denied; my second option is to sue the United States.
I am very unsure of what course of action to pursue now! My lawyer has kept my waiting all this time with stalls and meetings which he has stated will help my case, however with each passing meeting, it simply seems like he is giving me false hope... I really do not want to have to wait until mid-June, only to find out that I must wait even longer before my case is reopened.
Additionally, I am highly reluctant to sue the United States of America for messing up in the processing of my case. The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Please! Has anyone on here been rendered an unfavorable decision by the USCIS based on a mistake made by the Immigration office? What have you done to fix your case?
Attorneys: have any of your clients been put into this situation? What have you done to resolve the issue?
Everyone: I understand that a very small percentage of people are likely to be in the same boat that I am in, however regardless of whether or not you are in this situation, what would you do if you were in my shoes???
Would you sue the government and risk deportation? Would you wait endlessly, hoping that things become better, eventually? Or would you do something else? (If so, what?)
Thank you for taking the time to read this! For those of you who take even more time to respond to this post, thank you even more! I am truly grateful!!!
Sincerely,
Shahzaib"
Moderators, if I have done something in violation of the forum rules by posting the same post on two threads, please do not hesitate to remove the thread. It was not my intent to violate any forum rules.
For everyone else, please read below for my story/question.
"Before I begin with my question, allow me to give you a brief overview of my case:
In the year 2000, I initially filed for Labor Certification.
In 2004, I received approval of my application for Employment Authorization (I-765).
In 2005, I was sent a letter from the USCIS indicating that my application was rejected because I failed to file my case prior to a certain date issued by the USCIS.
Pretty straightforward, right? Wrong. You see, in the last letter I was sent by the USCIS it states that I failed to file my case promptly enough; I filed my case nearly a year before the deadline was set!
My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.
I am unsure of what to do now... It is apparent that the USCIS messed up, but I cannot think of any way to reopen my case and prove it. My attorney has presented me with two options - in mid-June he will engage in a conference call with a senior individual at the Immigration Office, at which time he will present cases (including mine) which have been wrongfully denied; my second option is to sue the United States.
I am very unsure of what course of action to pursue now! My lawyer has kept my waiting all this time with stalls and meetings which he has stated will help my case, however with each passing meeting, it simply seems like he is giving me false hope... I really do not want to have to wait until mid-June, only to find out that I must wait even longer before my case is reopened.
Additionally, I am highly reluctant to sue the United States of America for messing up in the processing of my case. The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Please! Has anyone on here been rendered an unfavorable decision by the USCIS based on a mistake made by the Immigration office? What have you done to fix your case?
Attorneys: have any of your clients been put into this situation? What have you done to resolve the issue?
Everyone: I understand that a very small percentage of people are likely to be in the same boat that I am in, however regardless of whether or not you are in this situation, what would you do if you were in my shoes???
Would you sue the government and risk deportation? Would you wait endlessly, hoping that things become better, eventually? Or would you do something else? (If so, what?)
Thank you for taking the time to read this! For those of you who take even more time to respond to this post, thank you even more! I am truly grateful!!!
Sincerely,
Shahzaib"
more...
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good idea
03-13 12:43 PM
FBI Arrests DC Official (http://blogs.abcnews.com/politicalpunch/2009/03/fbi-arrests-dc.html)
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sangmami
08-16 10:56 AM
i dont see any of the above said...:o..how lond does it take for us to receive rn in hand after the checks are cashed...I am starting to worry now.If everybody can see the rn why icant i!:o...The uscis cs is not telling the status...Is there a possiblity of appl rejection even after the checks are cleared.:confused::confused:
Thanks.
Thanks.
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a_yaja
12-16 05:45 PM
Why do you want to get the visa stamped for your old employer (Employer A)? The Chennai consulate will know that you have a newer H1B with a different company. Your attorney is correct in that joining Employer B as soon as returning from India shows false intent. USCIS could interpret that as fraud and you could be putting your GC at risk (this is just an extreme possibility - but anything can happen).
You should get visa stamp for Employer B when you are in Chennai. The embassy will only want proof of legal status in the US - not the paystubs from the company that you are going to work for (If that is the case - then no one will be able to come to the US for work on H1B - as they will not have any paystubs from the company that they are going to work for).
Couple of years back I was in a similar situation, I had already taken interview with the Chennai consulate and provided details of I-129, etc while taking the appt. However, 45 days before going to India, I changed my job and got H1 done through premium processing. I had to only fax details of my new I-129 and other documents to TTS (it was TTS at that time) and they made the relevant changes in the system. I went to the interview with only one paystub from new employer and the remaining from the old employer. At the consulate, the office asked me only for the latest pay stub. I asked him if he wanted the latest from old employer or the single one from the new employer. He said give me whichever is the latest. I handed over the single paystub from new employer and that was it. The total time in front of the visa office was less than 2 minutes for me and less than 30 seconds for my wife.
Don't complicate your case unnecessarily. Just get the visa based on the new H1B. The consulate will know about the new approval. If you lie to them, they will deny your visa. This might even prevent you from re-entering the US even if you have AP (since fraud is a valid reason to deny entry into the US).
You should get visa stamp for Employer B when you are in Chennai. The embassy will only want proof of legal status in the US - not the paystubs from the company that you are going to work for (If that is the case - then no one will be able to come to the US for work on H1B - as they will not have any paystubs from the company that they are going to work for).
Couple of years back I was in a similar situation, I had already taken interview with the Chennai consulate and provided details of I-129, etc while taking the appt. However, 45 days before going to India, I changed my job and got H1 done through premium processing. I had to only fax details of my new I-129 and other documents to TTS (it was TTS at that time) and they made the relevant changes in the system. I went to the interview with only one paystub from new employer and the remaining from the old employer. At the consulate, the office asked me only for the latest pay stub. I asked him if he wanted the latest from old employer or the single one from the new employer. He said give me whichever is the latest. I handed over the single paystub from new employer and that was it. The total time in front of the visa office was less than 2 minutes for me and less than 30 seconds for my wife.
Don't complicate your case unnecessarily. Just get the visa based on the new H1B. The consulate will know about the new approval. If you lie to them, they will deny your visa. This might even prevent you from re-entering the US even if you have AP (since fraud is a valid reason to deny entry into the US).
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SGP
10-28 10:38 AM
Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
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Asian
08-22 01:02 PM
I think it still helps. Skil bill is the best bet and method we got so far. However, it seems to me we are underestimating it. We need to put more concentrated and focused effort on it.
See page 3 on this:
http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf
If per country limit of 7% stays, how much relief would it bring in terms of
priority dates for India/China born individuals?
I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!
Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.
Am I getting too pessimistic?
See page 3 on this:
http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf
If per country limit of 7% stays, how much relief would it bring in terms of
priority dates for India/China born individuals?
I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!
Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.
Am I getting too pessimistic?
vivache
10-04 04:32 PM
So can I submit the docs through my family .. now and just go for the final interview?
This way I can go to the embassy the day I land in Mumbai.
Yes, you have to submit your papers at least 5 business days I think before your interview date. It is a requirement for the Mumbai consulate. Mumbai consulate is like my second home :(.
This way I can go to the embassy the day I land in Mumbai.
Yes, you have to submit your papers at least 5 business days I think before your interview date. It is a requirement for the Mumbai consulate. Mumbai consulate is like my second home :(.
senk1s
09-30 12:23 PM
I'll try and answer your questions
1. AC21 by definition comes into play when 485 is not adjudicated for 180 days
2. because this company has promised a job after getting the GC
3. What is the 1 1/2 yrs you are refering to?
4. I dont think you require LC to invoke AC21
1. AC21 by definition comes into play when 485 is not adjudicated for 180 days
2. because this company has promised a job after getting the GC
3. What is the 1 1/2 yrs you are refering to?
4. I dont think you require LC to invoke AC21
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