logiclife
02-23 12:00 PM
Its better to get rejected 2 or 3 times for student visa or H1 visa and give up on "coming to USA idea" than to get those and than suspend your life for 10 years after that until you get your greencard.
Those 10 years, the most productive years, are spent boiling blood over labor, 140, 485, namecheck, EAD, Advance parole, fingerprinting, H1 transfer, immigration lawyers, backlog centers, retrogression, RFE, no payraise, no promotions, prozac, zoloft, lunesta, layoff fears, H1 status fears, bench(oops), etc. etc. etc.
Those 10 years, the most productive years, are spent boiling blood over labor, 140, 485, namecheck, EAD, Advance parole, fingerprinting, H1 transfer, immigration lawyers, backlog centers, retrogression, RFE, no payraise, no promotions, prozac, zoloft, lunesta, layoff fears, H1 status fears, bench(oops), etc. etc. etc.
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bsbawa10
05-31 07:22 PM
I am going to apply for a position in Oracle but do not know if it files green card or not. I am reluctant to ask this in the interview.(They may prefer somebody who does not need it) . Also I wonder if there is any wait time for them to file the green card after joining. I posted this because I think some of you might be working for Oracle and might be knowing. Anybody knows the answer , please reply here or send me a private message.
saeedi
08-23 10:33 PM
Question:
I belong to Rest of world my category is EB-3 my ETA filed on 02 Jan 2002 and approved on feb 2004 my I-140 approved on april 2004.now my priority date has reached now I would like to ask How long will it take to for further procedure at the embassy and to sheduled my interview get my visa i m not living in USA can u tel me about my issue. I will really appraciate.
Thank you.
I belong to Rest of world my category is EB-3 my ETA filed on 02 Jan 2002 and approved on feb 2004 my I-140 approved on april 2004.now my priority date has reached now I would like to ask How long will it take to for further procedure at the embassy and to sheduled my interview get my visa i m not living in USA can u tel me about my issue. I will really appraciate.
Thank you.
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number30
11-04 02:17 AM
Hello gurus,
I got the RFE on my I485(PD:May 2002 - India- EB3- I140 approved on jan-2009) application. The query is,
The birth certificate you submitted has a delayed registration. Please comply with the following.
a) Hospital birth records which name the child and both parents.
b) Medical records which name the child and both parents
c)school records which name the child and bother parents.
d) Census records which name the child and both parents.
c) Religious records in the form of a certificate under the seal of the organization where the baptism, dedication, presentation or comparable e rite occurred following the birth,showing the date and place of the child's birth, the date of the religious ceremony, and the name of the child's parents.
I have the transfer certificate and the mark statements that has the father's name, my name and the date of birth. In general, schools and colleges in india, don't include the mother's name. Also i born at home, i don't have any hospital birth records and medical records. I am totally confused what records i need to provide to USCIS. I discussed some famous attorney, they too encouraging me to get any form of documents with my mother name back home in india. Any advice is greatly appreciated. Thank you very much for your early reply
Thank you
devan
Transfer Certificates , Marks card or even birth certificate from Consular offices are not accepted.
What you can do is get a non-availability letter stating that your birth record is not available from local Panchyat or Municipals authorities. Then you can submit sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant
Check the link India Reciprocity Schedule (http://travel.state.gov/visa/frvi/reciprocity/reciprocity_3582.html)
I got the RFE on my I485(PD:May 2002 - India- EB3- I140 approved on jan-2009) application. The query is,
The birth certificate you submitted has a delayed registration. Please comply with the following.
a) Hospital birth records which name the child and both parents.
b) Medical records which name the child and both parents
c)school records which name the child and bother parents.
d) Census records which name the child and both parents.
c) Religious records in the form of a certificate under the seal of the organization where the baptism, dedication, presentation or comparable e rite occurred following the birth,showing the date and place of the child's birth, the date of the religious ceremony, and the name of the child's parents.
I have the transfer certificate and the mark statements that has the father's name, my name and the date of birth. In general, schools and colleges in india, don't include the mother's name. Also i born at home, i don't have any hospital birth records and medical records. I am totally confused what records i need to provide to USCIS. I discussed some famous attorney, they too encouraging me to get any form of documents with my mother name back home in india. Any advice is greatly appreciated. Thank you very much for your early reply
Thank you
devan
Transfer Certificates , Marks card or even birth certificate from Consular offices are not accepted.
What you can do is get a non-availability letter stating that your birth record is not available from local Panchyat or Municipals authorities. Then you can submit sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant
Check the link India Reciprocity Schedule (http://travel.state.gov/visa/frvi/reciprocity/reciprocity_3582.html)
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v_javans
09-10 01:49 PM
Thanks for the reply Veni001. Can anyone please answer to my second part of question i.e. online degree course.
Thanks,
javans
Thanks,
javans
Leo07
10-17 02:19 PM
Pappu, I have not sought outside legal help, barring the legal advice of both firms paralegal.
I was told that the 'successor of interest' form will take care of the Labor, but the 140 will need to be filed again.
Do you want me to take other legal opinions as well? ( application is already mailed)
Do you absolutely need to file a new I140?
Have you sought other outside legal opinions on this matter?
I was told that the 'successor of interest' form will take care of the Labor, but the 140 will need to be filed again.
Do you want me to take other legal opinions as well? ( application is already mailed)
Do you absolutely need to file a new I140?
Have you sought other outside legal opinions on this matter?
more...
starving_dog
10-17 06:31 AM
It took me 6 days to get my approval and about another week to get the card in the mail. This happened in September of this year and I was registered in the Texas Service Center.
That is assuming that you have gone through your biometrics appointment.
That is assuming that you have gone through your biometrics appointment.
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amitpan007
10-19 04:33 PM
These are the job codes from DOL and mine was 15-1031. I am in similar area Oracle Applications. Hope this helps.
15-0000 Computer and Mathematical Occupations
15-0000 Computer and Mathematical Occupations
15-1011 Computer and Information Scientists, Research
15-1021 Computer Programmers
15-1031 Computer Software Engineers, Applications
15-1032 Computer Software Engineers, Systems Software
15-1041 Computer Support Specialists
15-1051 Computer Systems Analysts
15-1061 Database Administrators
15-1071 Network and Computer Systems Administrators
15-1081 Network Systems and Data Communications Analysts
15-1099 Computer Specialists, All Other
15-2011 Actuaries
15-2021 Mathematicians
15-2031 Operations Research Analysts
15-2041 Statisticians
15-2091 Mathematical Technicians
15-2099 Mathematical Science Occupations, All Other
15-0000 Computer and Mathematical Occupations
15-0000 Computer and Mathematical Occupations
15-1011 Computer and Information Scientists, Research
15-1021 Computer Programmers
15-1031 Computer Software Engineers, Applications
15-1032 Computer Software Engineers, Systems Software
15-1041 Computer Support Specialists
15-1051 Computer Systems Analysts
15-1061 Database Administrators
15-1071 Network and Computer Systems Administrators
15-1081 Network Systems and Data Communications Analysts
15-1099 Computer Specialists, All Other
15-2011 Actuaries
15-2021 Mathematicians
15-2031 Operations Research Analysts
15-2041 Statisticians
15-2091 Mathematical Technicians
15-2099 Mathematical Science Occupations, All Other
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TamilSelvan
03-16 12:01 PM
My wife entered to US with L2 dependent Visa and got SSN# with L2-EAD.Meanwhile we both applied and got H1 by employer A which is valid from OCT 06-SEP 09. Although she has enough experience but her medical condition she never worked and neither has pay-stub/W2. Then both of us never travelled out of US. Meanwhile she went India SEP 08 and stayed 5 months. When I went for vacation I got my H1 stamping and she got H4 stamping at the same time and we are in US. Now she got an offer from employer B and he is willing to do COS H4-H1for her. We checked with Employer A and they haven't revoked her H1b till now.
Our questions are
1) Since she doesn't have any paystub/w2, is it possible to do COS?
2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
3) How long does it take to complete the COS if done by PP.
4) How much risk does this case carry/what are the issues she could face?
Really appreciated your valuable answers
Thanks in Advance
TamilSelvan
Our questions are
1) Since she doesn't have any paystub/w2, is it possible to do COS?
2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
3) How long does it take to complete the COS if done by PP.
4) How much risk does this case carry/what are the issues she could face?
Really appreciated your valuable answers
Thanks in Advance
TamilSelvan
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hsingh82
03-09 09:47 AM
Dear All,
My wife had applied for H1 last year through one desi employer. We received the H1. The employer took initial money from us to pay for the H1 fees promising that once project got started he would pay back. But during search for a project he mentally harassed us a lot. Luckily my PD became current, my wife got EAD and we could work independently. We were thinking of complaint against him to DOL. We have even prepared the case with all the documents and everything.
We were ready to send it but yesterday we came across a case of one Vishal Goyal who sued Patni for paying him low wages. Patni then threatened to harm his family in india if he doesent withdraw the case.
We are just afraid of something like that. I request people to please share if they have been abused by desi employer and if they have sucessfully complained to DOL and their experience in what they went through. Thank You.
Amar
Firstly, I don't understand what was the rush to file for your wife's H1 when your PD was so close. You must have seen the market in US for a long time and must know how desi consultancies work. Having said that, I would encourage you to go ahead and file the complaint. Don't get scared by these threats, it's not easy to harm anyone's family even back home in India. I took my employer to the court and the case was settled between lawyers but for you DOL is better. If you don't do anything at this point, it will keep bugging you all your life that you couldn't do anything against a blood sucker even when you are in USA (in my case that was the motivation even though I was at the edge financially).
My wife had applied for H1 last year through one desi employer. We received the H1. The employer took initial money from us to pay for the H1 fees promising that once project got started he would pay back. But during search for a project he mentally harassed us a lot. Luckily my PD became current, my wife got EAD and we could work independently. We were thinking of complaint against him to DOL. We have even prepared the case with all the documents and everything.
We were ready to send it but yesterday we came across a case of one Vishal Goyal who sued Patni for paying him low wages. Patni then threatened to harm his family in india if he doesent withdraw the case.
We are just afraid of something like that. I request people to please share if they have been abused by desi employer and if they have sucessfully complained to DOL and their experience in what they went through. Thank You.
Amar
Firstly, I don't understand what was the rush to file for your wife's H1 when your PD was so close. You must have seen the market in US for a long time and must know how desi consultancies work. Having said that, I would encourage you to go ahead and file the complaint. Don't get scared by these threats, it's not easy to harm anyone's family even back home in India. I took my employer to the court and the case was settled between lawyers but for you DOL is better. If you don't do anything at this point, it will keep bugging you all your life that you couldn't do anything against a blood sucker even when you are in USA (in my case that was the motivation even though I was at the edge financially).
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Jeff Wheeler
08-20 01:49 PM
So, do y’all pronounce it like oh really or O'Reilly?
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gcnirvana
06-25 07:51 PM
Employer pays everything except for my EAD/AP as my H1 is valid till 2010. And fortunately, USCIS surgeon billed my medical exams to my insurance. Not sure if it'll come back and bite me but as of now I didn't pay a dime :)
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casinoroyale
01-26 12:13 PM
Thanks casinoroyale, this is a good idea. Will make the change to display complete heading in the 'Recent forum posts' when you scroll your mouse on top of the heading of the post of the homepage.
Thank you. Is it possible to just increase the length or wrap it instead of displaying "Tooltip" when the user mouse-overs it?
Thank you. Is it possible to just increase the length or wrap it instead of displaying "Tooltip" when the user mouse-overs it?
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MDix
09-13 10:10 AM
What are the chances of piecemeal bill in this congress ( next two week)?
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Rb_newsletter
09-16 01:39 PM
Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?
because this will be a question when the candidate goes for citizenship. If candidate cannot convince the officer that his/her intention was to work with GC sponsor then citizenship may not be given.
because this will be a question when the candidate goes for citizenship. If candidate cannot convince the officer that his/her intention was to work with GC sponsor then citizenship may not be given.
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apahilaj
09-18 02:18 PM
Dear Apahilaj:
You may wait till the end of this week and then call the USCIS. The FP notices may be on the way.
I also have a question for you: Did you submit your 485 applications directly to the Texas Service Center Or Nebraska, and on which date?
I have sent mine to TSC directly on July 24, 2007, and have received nothing; no checks are cleared, either, till today. Thanks.
Thank you all for responding.
I had submitted my application on July 2nd to NSC which later got transferred to TSC. TSC Notice date for application is August 27th.
I tend to agree - it must be dependent upon the availability of appointments also at ASC. I will wait till the end of this week and then give them a call.
BTW, how do I get to speak to a level 2 representative?
Thanks again.
You may wait till the end of this week and then call the USCIS. The FP notices may be on the way.
I also have a question for you: Did you submit your 485 applications directly to the Texas Service Center Or Nebraska, and on which date?
I have sent mine to TSC directly on July 24, 2007, and have received nothing; no checks are cleared, either, till today. Thanks.
Thank you all for responding.
I had submitted my application on July 2nd to NSC which later got transferred to TSC. TSC Notice date for application is August 27th.
I tend to agree - it must be dependent upon the availability of appointments also at ASC. I will wait till the end of this week and then give them a call.
BTW, how do I get to speak to a level 2 representative?
Thanks again.
more...
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GCBy3000
05-06 11:47 AM
If the PD is not current, why dont USCIS process the existing applications and keep it processed. This will reduce their work when the PD becomes current.
I do not see the logic why should not they process the pending applications when the PD is not current. Eventually they are going to get benefited from processing the applications.
WIth some concurrent filings, atleast if they process the applications the beneficiary would be entitled to get EAD.
I do not see the logic why should not they process the pending applications when the PD is not current. Eventually they are going to get benefited from processing the applications.
WIth some concurrent filings, atleast if they process the applications the beneficiary would be entitled to get EAD.
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morchu
05-04 02:44 PM
Going to the original question. The H1B doesnt get invalidated.
The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.
As per the Neufeld memo links below:
On page 4 of memo:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.
See links below for more data
http://ac21portability.com/modules/wflinks/
see Neufeld memo specifically, they also have all other memos and guidelines.
The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.
As per the Neufeld memo links below:
On page 4 of memo:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.
See links below for more data
http://ac21portability.com/modules/wflinks/
see Neufeld memo specifically, they also have all other memos and guidelines.
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cdeneo
06-18 02:07 PM
Since many are about to file their I 485 petitions, there was some talk about some advantages to filing this petition when the new fee structure goes into effect end of July.
One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.
Question I had was -
What are the advantages if any to filing when the new fee structure is in place?
or should one file the earliest date one can, say 1st week of July?
I would appreciate if someone could shed some light on this. Thanks!
One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.
Question I had was -
What are the advantages if any to filing when the new fee structure is in place?
or should one file the earliest date one can, say 1st week of July?
I would appreciate if someone could shed some light on this. Thanks!
dilbert_cal
04-25 12:04 AM
WillGetGC2005 - here is my understanding of your case :-
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
amar123
07-29 12:37 AM
I have PD of Nov 2006, 140-Approved, 485-July 2nd. I have not got any LUD on any of my applications. So, this soft LUD might not be for everybody.
Ah, now this brings up interesting questions, where is your 485 being processed?:o
If it is texas as per your profile, then , maybe only NSC had the update?
Ah, now this brings up interesting questions, where is your 485 being processed?:o
If it is texas as per your profile, then , maybe only NSC had the update?
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