Lisap
09-11 04:24 PM
How do you know when the process begins and how do you find out if your name clears or is stuck like so many others?
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rag1232
03-30 10:35 AM
My PD is 01/09/2007. Is there any chance to reach my spot in May visa bulletin? Any thoughts would be greatly appreciated.
Thanks,
Nandu
Thanks,
Nandu
bfadlia
03-25 04:14 PM
All these requirements are Position Specific. Before publishing externally, most companies (HR) decides the policy first for an example to which kind of person they will hire for this position like " We will not consider H1 for this position" seeing the "Critical and essential need of "blah " blah"..." And they then follow it. So it may happen that one person gets an answer " We do not consider EAD holder for this position.." and next month you may meet somebody (EAD Holder) working for that company on EAD but for different position as company made apolicy to hire EAD holder for that particular kind of position.
makes sense, parallel to saying x job only available for phd holders, y job for masters
but that's legal because a job can benefit from the skills of a phd holder, while in our case of EAD vs GC or Citizenship the employer gets no benefit, it's just his arbitrary will, that what made it illeagal
makes sense, parallel to saying x job only available for phd holders, y job for masters
but that's legal because a job can benefit from the skills of a phd holder, while in our case of EAD vs GC or Citizenship the employer gets no benefit, it's just his arbitrary will, that what made it illeagal
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nsabavala
01-03 04:25 AM
:eek:
I had my visa interview in Mumbai on Dec 28th. A PIMS Verfication was required for them to be able to issue me a visa. This is for an H1-B extension of stay - My six years expired in Nov. 2007 and my green card is in process.
I was told the time they are taking for procesing is 48 hours but I still have not received any notification to take my papers to the VFS center.
Has anyone in this situation already received their visa and stamped passport and if so how long did it take?
I had my visa interview in Mumbai on Dec 28th. A PIMS Verfication was required for them to be able to issue me a visa. This is for an H1-B extension of stay - My six years expired in Nov. 2007 and my green card is in process.
I was told the time they are taking for procesing is 48 hours but I still have not received any notification to take my papers to the VFS center.
Has anyone in this situation already received their visa and stamped passport and if so how long did it take?
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mohican
12-31 04:44 PM
NEED HELP!!! what are my options?
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009, Can I work until then assuming MTR is resolved in 2 months (per some optimistic posts on IV)
3. if my employer were to file a PERM labor application--can I port my previous priority date?
Mohican
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009, Can I work until then assuming MTR is resolved in 2 months (per some optimistic posts on IV)
3. if my employer were to file a PERM labor application--can I port my previous priority date?
Mohican
Ron Gotcher Latest ' ImmInfo Newsletter' states clearly 485 denial is illegal
***********
CIS issuing illegal AOS denials based on I-140 revocations
Recently, the CIS has been issuing denials ofadjustment of status applications in cases where the applicant has an approved I-140, and an AOS application pending for more than 180 days, but the petitioning employer has attempted to revoke the approved I-140.
These denials are patently illegal. They violate both CIS policy and statutory law. Both statutory law and explicit CIS policy are clear on this subject: An employer may not revoke an approved I-140 petition after an adjustment of status application has
been pending for at least 180 days. While we have not seen denials of any of our cases, we have seen a number of such denials by applicants who have contacted our office to assist them with filing motions to reconsider. It is shocking that the CIS
continues to issue denials even after the first MTRs were submitted. They are issuing these denials with full knowledge that there is no legal basis for what they are doing and that their actions violate existing law.
Anyone who receives such a denial must file a motion to reconsider immediately. The CIS has said that they are processing MTRs within 60 days. If the MTR does not result in a reversal of the denial within 60 days, the applicant should proceed in US District Court immediately to see a reversal. Immediate action is necessary to prevent the accumulation of unlawful presence following the denial.
akela_topchi
08-07 01:47 PM
Excellent points!!
Sunnysurya,
I am not arguing or obstinately stating my view. I am genuinely confused.
I am not sure how it is unfair on EB2. Didn't these folks apply for GC before us legally and stand in line sincerely (no labor subs) AND gather pertinent work exp and education?
I understand you are working on getting the numbers. I would wait to hear from you with those numbers.
It is one thing to feel wronged seeing a few examples of people abusing the porting but quite another to have a lawsuit alleging that this is a widespread activity and it is causing grievous delays for the ones waiting in EB2. I really don't believe it and feel it is insulting to a large majority of highly skilled and hard working immigrants who have/will legally port their EB3 PDs to EB2.
Regards.
Sunnysurya,
I am not arguing or obstinately stating my view. I am genuinely confused.
I am not sure how it is unfair on EB2. Didn't these folks apply for GC before us legally and stand in line sincerely (no labor subs) AND gather pertinent work exp and education?
I understand you are working on getting the numbers. I would wait to hear from you with those numbers.
It is one thing to feel wronged seeing a few examples of people abusing the porting but quite another to have a lawsuit alleging that this is a widespread activity and it is causing grievous delays for the ones waiting in EB2. I really don't believe it and feel it is insulting to a large majority of highly skilled and hard working immigrants who have/will legally port their EB3 PDs to EB2.
Regards.
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truthinspector
08-21 07:52 AM
When I cancelled in Mar-09 , my experience was different. The CS was humble and only persuaded me not to leave. But the cancellation process went smooth.
FYI...I heard from some of my friends that Vonage is good as long as you are its customer. Once you call CS and tell them you are leaving...they play all sorts of dirty tricks.
FYI...I heard from some of my friends that Vonage is good as long as you are its customer. Once you call CS and tell them you are leaving...they play all sorts of dirty tricks.
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nocomment
09-23 04:34 PM
If these are pending 485 applications at USCIS, Number of pending applications with PD later than JUL 2007 should be zero.
If these are labor filings, they probably dont include dependents.
If these are labor filings, they probably dont include dependents.
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kph
06-29 05:20 PM
My intentions was not to offend anyone...all I am trying to say is blaming the H4 visa is unfair...H4's intention is to have the dependents be able to join the H1 visa holder....just that, nothing more....it is another story that most people want to do more than just that while on a H4. And for that several other visa options are all open..
Yes, my spouse too was here on a H4 and we had faced some problems...but to be honest, I had educated myself very well on what problems we will face before getting onto a H4..we thus never cribbed about her being on a H4....and I had always insisted to my spouse that if she wanted to do more..she would have to fight for her own F1/H1 visa..
Dude, its very very unfair on H4 people. You got to be in H4 visa to understand their problems. I could apply this logic to anything. So does anyone land here expecting to becoming a GC holder or citizen right away? So if someone says you will not be given GC just because while coming you were not guaranteed a permanent status, will you agree to it?
Everyone tried to convert to H1 and look what happened. Stupid lottery kicked this year on first day. And F1, its not that everyone is wanting to become a student. What if they had enough degree already in foreign country? Besides you can't study here for free...
I know nothing can be done by us and the only way out for them is EAD. At least lets not go overboard and tell H4 people that you don't deserve to crib about it.
Yes, my spouse too was here on a H4 and we had faced some problems...but to be honest, I had educated myself very well on what problems we will face before getting onto a H4..we thus never cribbed about her being on a H4....and I had always insisted to my spouse that if she wanted to do more..she would have to fight for her own F1/H1 visa..
Dude, its very very unfair on H4 people. You got to be in H4 visa to understand their problems. I could apply this logic to anything. So does anyone land here expecting to becoming a GC holder or citizen right away? So if someone says you will not be given GC just because while coming you were not guaranteed a permanent status, will you agree to it?
Everyone tried to convert to H1 and look what happened. Stupid lottery kicked this year on first day. And F1, its not that everyone is wanting to become a student. What if they had enough degree already in foreign country? Besides you can't study here for free...
I know nothing can be done by us and the only way out for them is EAD. At least lets not go overboard and tell H4 people that you don't deserve to crib about it.
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sundevil
07-11 01:45 PM
No disrespect to Al-Jazeera. But putting our story on that channel is not a good idea. People view anything on it with lot of suspicion, and Fox news interprets everybody Al-Jazeera sympathizes with as you know what.
Don't come after me for saying this, its not my opinion. But general opinion that I have observed from people who are not well informed(read majority of people). Lets focus on the main stream media in US, outside coverage is not that significant anyway.
Core,
Some one from Al Jazeera is requesting for more info. Please contact him (if its not done yet) for a story on the flower drive. Other members who participated in the drive please call and talk a few details.
His request is pasted from another thread:
--------------------------------------------------------------------------
I'm a producerfor Al Jazeera English, the international TV network. I'm hoping to talk with some of the people involved in the flower campaign. If you have time to contact me it would be great- 202-496-4519 or 202-651-1613. Many thanks,
Kelly Rockwell
--------------------------------------------------------------------------
Don't come after me for saying this, its not my opinion. But general opinion that I have observed from people who are not well informed(read majority of people). Lets focus on the main stream media in US, outside coverage is not that significant anyway.
Core,
Some one from Al Jazeera is requesting for more info. Please contact him (if its not done yet) for a story on the flower drive. Other members who participated in the drive please call and talk a few details.
His request is pasted from another thread:
--------------------------------------------------------------------------
I'm a producerfor Al Jazeera English, the international TV network. I'm hoping to talk with some of the people involved in the flower campaign. If you have time to contact me it would be great- 202-496-4519 or 202-651-1613. Many thanks,
Kelly Rockwell
--------------------------------------------------------------------------
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nuke
09-24 02:09 PM
Analysis by BharatPremi is wrong.
If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
and of these 40180 EB3 India will get just 40180%7= 2812
Folks, only 2812 Visas for EB3 India and EB3 is not going to get any spillover this year!!
If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
and of these 40180 EB3 India will get just 40180%7= 2812
Folks, only 2812 Visas for EB3 India and EB3 is not going to get any spillover this year!!
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indianabacklog
01-26 07:10 AM
Just got back to the US last night. Had visa interview in London on 14th January and got passport back on January 24th. Actually took six working days since there was a weekend and MLK day in the way. Twice as long as on previous occasions.
Booked my trip in October so thought I had left plenty of time for passport to come back. How wrong I was. Had to put flight back by two days and then only just made it.
Booked my trip in October so thought I had left plenty of time for passport to come back. How wrong I was. Had to put flight back by two days and then only just made it.
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jingi1234
01-20 06:52 PM
I called the department of state, visa's section to enquire about this PIMS verification. They said that KCC handles it. When I called KCC they said they cannot check ahead of time :mad:
Folks who had delays in getting H1b stamped due to the PIMS system:
Can you look at your I-797 and see if there was an A number (something like A123 456 789) mentioned under the "Beneficiary" box?
I have A number ...I think that signifies AOS number or something...
What is your point?
Folks who had delays in getting H1b stamped due to the PIMS system:
Can you look at your I-797 and see if there was an A number (something like A123 456 789) mentioned under the "Beneficiary" box?
I have A number ...I think that signifies AOS number or something...
What is your point?
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contactkpatel@yahoo.com
08-13 02:34 PM
I noticed a soft LUD today on my wife's case but no update on mine. Does this mean anything...
PD - Oct 2005 - still waitin.........
PD - Oct 2005 - still waitin.........
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SunJoshi
01-01 09:00 AM
Guys,
Any idea when the new proposals will be implemented if they become law :confused: Do we have to wait until Oct for these new proposals to take effect.
--MC
mchudi,
These are very tough and partisian bills (immigration bills). This also being an election year, some lawmakers will try to puch their own agenda. Don't expect a featherbed solution. This will be a dogfight.
Any idea when the new proposals will be implemented if they become law :confused: Do we have to wait until Oct for these new proposals to take effect.
--MC
mchudi,
These are very tough and partisian bills (immigration bills). This also being an election year, some lawmakers will try to puch their own agenda. Don't expect a featherbed solution. This will be a dogfight.
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cfan666666
06-26 09:43 PM
In the I-131 instruction:
"Advance parole is an extraordinary measure used sparingly to bring an
otherwise inadmissible alien to the United States for a temporary
period of time due to a compelling emergency. Advance parole cannot be
used to circumvent the normal visa issuing procedures and is not a
means to bypass delays in visa issuance."
If I mention: "I plan to travel outside of USA for family reunion" in the I-131 cover letter, do you think I will got denied because this reason is not "compelling emergency" at all?
How will you ""On a separate sheet(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrant issuance of
advance parole." ?
Thanks
"Advance parole is an extraordinary measure used sparingly to bring an
otherwise inadmissible alien to the United States for a temporary
period of time due to a compelling emergency. Advance parole cannot be
used to circumvent the normal visa issuing procedures and is not a
means to bypass delays in visa issuance."
If I mention: "I plan to travel outside of USA for family reunion" in the I-131 cover letter, do you think I will got denied because this reason is not "compelling emergency" at all?
How will you ""On a separate sheet(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrant issuance of
advance parole." ?
Thanks
more...
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Robert Kumar
03-29 12:19 PM
Why you care and debate about PD movement. Please tell your PD.
MC
Lets treat good news for EB2 as good news for EB3 also.
If not today, some of us EB3 folks may want to port. So it will help more people to port and also to compensate to some extent the #s coming into EB2 pool from EB3.
Overall its a good news, and looks to be possible we see this on Murthy site also. Lets be happy.
MC
Lets treat good news for EB2 as good news for EB3 also.
If not today, some of us EB3 folks may want to port. So it will help more people to port and also to compensate to some extent the #s coming into EB2 pool from EB3.
Overall its a good news, and looks to be possible we see this on Murthy site also. Lets be happy.
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kewlchap
10-12 04:54 PM
@ fatjoe:
"With an IO" and "Assigned to IO" is the same, according to me. You need to ask them whether the IO has actually picked up the app. They use a bar scanner to update the status in their systems. So, ask, can you tell me if my IO has physically scanned my file and picked it up from the holding area? If yes, good.
I just tried the POJ method and it does appear to be blocked. Bummer.
"With an IO" and "Assigned to IO" is the same, according to me. You need to ask them whether the IO has actually picked up the app. They use a bar scanner to update the status in their systems. So, ask, can you tell me if my IO has physically scanned my file and picked it up from the holding area? If yes, good.
I just tried the POJ method and it does appear to be blocked. Bummer.
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Milind123
01-25 01:22 PM
The real message in this thread is that you should check what is required by the countries you intend to transit BEFORE you buy your ticket.
It seems to me that an individual should take responsibility for his own actions rather than trying to blame a particular country for a long established requirement for a transit visa.
Maybe you can help the Brits to add more questions to their Transit Visa form from 111 to 1011.
It seems to me that an individual should take responsibility for his own actions rather than trying to blame a particular country for a long established requirement for a transit visa.
Maybe you can help the Brits to add more questions to their Transit Visa form from 111 to 1011.
senthil1
04-23 09:54 PM
This is a good bill. The 50% rule will impact Indian bodyshoppers and Top Indian outsourcing companies. But genuine companies like Microsoft,Google, Oracle and other US companies will not be impacted that much as they sincerely search whether US talent is available. But will it pass? In 2007 it did not move as they planned to consider for CIR. This time also same argument may come. But some genuine Indian consulting companies also will be impacted. But system will adjust quickly even if this bill passes.
B1/B2 is always prone to reject by 221(b). Wont impact that much.
B1/B2 is always prone to reject by 221(b). Wont impact that much.
nkalpana
02-12 02:40 AM
... do we have to think out of the box to identify what is really the problem?
What are they doing with our documents... where are they storing it? whjat security are they giving to our sensitive docs? what is the process by which they are clearing the backlog, when everyday they get loads and loads of new work??
shahuja... we are still waiting
What are they doing with our documents... where are they storing it? whjat security are they giving to our sensitive docs? what is the process by which they are clearing the backlog, when everyday they get loads and loads of new work??
shahuja... we are still waiting
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