Madhuri
06-15 12:26 AM
So is it that, if you already have approved 3 yr H1 extension after 6 yrs
then it will not become invalid even if you get EAD now?
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
then it will not become invalid even if you get EAD now?
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
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joydiptac
08-06 11:58 PM
Article is excellent. Thanks for sharing.
A divorce will not benefit anyone. Think about all the time you spent with each other as an investment. A job, and a little independence should not change your attitude. Think of the kids futures what they have to go thru. Its a total loose loose.
If you absolutely have to go thru with the divorce. Find a US citizen or maybe a GC holder who will be ready to marry you right after the divorce. Then you don't have to go out of the country. Or else reason with your husband to hold off on the divorce till GC.
A divorce will not benefit anyone. Think about all the time you spent with each other as an investment. A job, and a little independence should not change your attitude. Think of the kids futures what they have to go thru. Its a total loose loose.
If you absolutely have to go thru with the divorce. Find a US citizen or maybe a GC holder who will be ready to marry you right after the divorce. Then you don't have to go out of the country. Or else reason with your husband to hold off on the divorce till GC.
rockstart
05-19 03:40 PM
Its not 40,000 labor or 140's dude every GC is minimum 2 (applicant + spouse) in some cases if you add children then it can consume 3-4 visa's from the quota and that is what is making the line even more longer.
If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas
Is number of applications in 2001 and 2002 is > 40,000.
Its very hard to believe.
If I assume that every year EB3-India gets 5000 GC-Visa. From 2001 - 2008 Total = 40,000 EB3-India Visas
Is number of applications in 2001 and 2002 is > 40,000.
Its very hard to believe.
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karthiknv143
07-16 01:49 PM
r there any updates to anything ? :eek:
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Pineapple
10-10 08:54 AM
My wife finally got her EAD card.. Hooray!
But: It has MY photo on it instead of hers!! All other information on the card is correct.
I called USCIS and the received wisdom is that I need to send in another I-765 (with no fees as it is obviously their mistake) and include the current EAD card.
Is this the only option? We cannot wait for another 3-6 months while the application is lost in the pile (again).. I asked the USCIS representative if the local office can help, but she wasn't sure either way..
I was wondering if anyone has had a similar experience and if taking an Info Pass appointment helped in getting a corrected card faster.
But: It has MY photo on it instead of hers!! All other information on the card is correct.
I called USCIS and the received wisdom is that I need to send in another I-765 (with no fees as it is obviously their mistake) and include the current EAD card.
Is this the only option? We cannot wait for another 3-6 months while the application is lost in the pile (again).. I asked the USCIS representative if the local office can help, but she wasn't sure either way..
I was wondering if anyone has had a similar experience and if taking an Info Pass appointment helped in getting a corrected card faster.
nirdlalegcade
02-26 12:37 PM
what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?
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ujjvalkoul
01-18 12:29 PM
No
only the primary applicant needs to take the test
It is not clearly spelled out on cic.gc.ca.(or at least I couldnt find it)...so I was confused..
Even if the Spouse is included in the application and may work in canada...even then spouse does not have to appear for test....??
Can you point me to the website for confirmation of this??
only the primary applicant needs to take the test
It is not clearly spelled out on cic.gc.ca.(or at least I couldnt find it)...so I was confused..
Even if the Spouse is included in the application and may work in canada...even then spouse does not have to appear for test....??
Can you point me to the website for confirmation of this??
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pappu
10-18 10:16 AM
I received a letter from BEC and it says
This Notice of Findings is the Department’s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.
In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.
This Notice of Findings is the Department’s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.
In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.
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TeddyKoochu
01-06 03:41 PM
Please read the text in the USCIS page carefully. You need to clearly satisfy at least 3 criteria. In practice, you try to provide at least some evidence for most criteria.
Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that
"Evidence that the alien has judged the work of others, either individually or on a panel;"
This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.
The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.
Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).
In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.
Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.
Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that
"Evidence that the alien has judged the work of others, either individually or on a panel;"
This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.
The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.
Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).
In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.
Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.
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Humhongekamyab
07-15 02:14 PM
All,
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
Congrats buddy.
What is your priority date?
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
Congrats buddy.
What is your priority date?
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reddog
04-08 04:19 PM
All i am asking is the media they know and number of users. I dont know what you talking about.
Ok, how do we contact the state representative. Through the county representative, then the city, then street?
We are IV. I believe that is what chandu meant. Core is just a group of people who incidentally reserved the domain name and configured joomla.
Ok, how do we contact the state representative. Through the county representative, then the city, then street?
We are IV. I believe that is what chandu meant. Core is just a group of people who incidentally reserved the domain name and configured joomla.
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allegator
03-19 10:08 PM
Thank You very much for your suggestion but how can he know that I am working on different project. I just want to buy a months time and then he himself will remove me from his payroll as these desi employers can't pay a single days salary on bench. Also just after a week of joining I am planning to visit India on my AP for four weeks. I want to resign after coming back. I want the initiative to be taken from his side and not mine. I have ben working with him since last five year and just for holding my H1B he has been taking a huge cut from my billing rate witout doing any thing.
Thanks
Thanks,
Sudhakar
Thanks
Thanks,
Sudhakar
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fortune50
07-17 09:24 PM
Hi,
My I-140 approved in TSC( premium processing)
My Attorney sent my I-485 on July 2 to TSC
my labor approved from Wisconsin
but I read somewhere all applications needs to go to NSC , is it true?
I greatly appreciate your help
My I-140 approved in TSC( premium processing)
My Attorney sent my I-485 on July 2 to TSC
my labor approved from Wisconsin
but I read somewhere all applications needs to go to NSC , is it true?
I greatly appreciate your help
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logiclife
01-05 11:31 AM
There may be members posting their thoughts and suggestions on multiple websites. Right now immigrationvoice.org is separate org and has a different approach to others that I know. This org is going to raise funds and hire professional strategist who knows how to cross a minefield and get our priorites introduced in one or other vehicle of legislation.
Everyone here on this org is:
1. Affected by retrogression.
2. Already tried individual efforts to educate/convince congress to eliminate employment based retrogression and raise GC quote for EB2, EB3.
3. Realized after defeat of provisions in S 1932 in the house that we need professional help and need to spend money, time and efforts to get it done.
While individual efforts are not bad, lobbying certainly makes a lot of difference when it comes to get our priorities stay in legislation during intense debate over immigration in general.
Please keep you valuable contributions coming in terms of your time, forum replies and money. We have raised $5000 dollars in 2 days and our goal is $100,000 for professional lobbying help and we need to raise that much in next few weeks.
Thanks,
logiclife.
Everyone here on this org is:
1. Affected by retrogression.
2. Already tried individual efforts to educate/convince congress to eliminate employment based retrogression and raise GC quote for EB2, EB3.
3. Realized after defeat of provisions in S 1932 in the house that we need professional help and need to spend money, time and efforts to get it done.
While individual efforts are not bad, lobbying certainly makes a lot of difference when it comes to get our priorities stay in legislation during intense debate over immigration in general.
Please keep you valuable contributions coming in terms of your time, forum replies and money. We have raised $5000 dollars in 2 days and our goal is $100,000 for professional lobbying help and we need to raise that much in next few weeks.
Thanks,
logiclife.
more...
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rsayed
04-27 08:08 PM
there is no strive in senate....what r they goona debate? I don't think they are going to discuss other than circus if at all they do
Yep, true. But, sounds like there's just too many Bills floating around, this year!
Yep, true. But, sounds like there's just too many Bills floating around, this year!
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kaisersose
07-27 07:47 PM
Is your question about Approved 140 or Pending 140.
I am also curious to know.
As far as I know, employer has to just send a letter to USCIS with the 140 receipt number which states that they want to revoke it and USCIS will locate the file with 485 and revoke it too.
Bad but what can we do ???????
Why would your employer do that unless you did something inappropriate?
As long as the employee does not not step out of line. He has nothing to worry. In this case, the only problem is layoffs for unavoidable reasons in which case it is not the employee's fault. In such situations, the employer will not revoke the 140.
I am also curious to know.
As far as I know, employer has to just send a letter to USCIS with the 140 receipt number which states that they want to revoke it and USCIS will locate the file with 485 and revoke it too.
Bad but what can we do ???????
Why would your employer do that unless you did something inappropriate?
As long as the employee does not not step out of line. He has nothing to worry. In this case, the only problem is layoffs for unavoidable reasons in which case it is not the employee's fault. In such situations, the employer will not revoke the 140.
more...
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a_tyagi26
11-20 02:47 PM
Generally secretaries follow laws. They do not frame any regulations or have any role in it. It will be in hand of Obama's immigration appointees to push immigration.
Secretary will be responsible for DHS which involves security, FEMA etc too. I am not sure if she will be able to change a whole lot.
Secretary will be responsible for DHS which involves security, FEMA etc too. I am not sure if she will be able to change a whole lot.
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somegchuh
11-16 01:13 PM
Guys,
My understanding was that automatic revalidation was stopped a few years ago?
I would say that getting an appointment and a new visa stamp is the safest bet. If that's not a possibility and you have to go, I will suggest travel by road instead of air. From what I have heard they tend to be more lenient when you are driving across.
Do check thoroughly before travelling on an expired visa.
Take Care
Power of internet, thanks for all the input.
That is right my previous I-94 has expired and I should get the latest I-94 as part of new I-797. My US multiple visa expired last August.
My question is thoroughly answered that I could use the "Automatic revalidation rule" to come back into US using my I-94 and I-797.
One more question to the folks who became Canadian PRs. When I exit out
of US can they force me to give up I-94 as I am landing as Canadian PR. In others words,
can they override "Automatic revalidation rule" in this case.
Part of me says they are two different teams one working for US to track I-94
and the other looking for Canadian PR so they can never rationalize this. If they talk then that could be an issue. Isn't that right?
My understanding was that automatic revalidation was stopped a few years ago?
I would say that getting an appointment and a new visa stamp is the safest bet. If that's not a possibility and you have to go, I will suggest travel by road instead of air. From what I have heard they tend to be more lenient when you are driving across.
Do check thoroughly before travelling on an expired visa.
Take Care
Power of internet, thanks for all the input.
That is right my previous I-94 has expired and I should get the latest I-94 as part of new I-797. My US multiple visa expired last August.
My question is thoroughly answered that I could use the "Automatic revalidation rule" to come back into US using my I-94 and I-797.
One more question to the folks who became Canadian PRs. When I exit out
of US can they force me to give up I-94 as I am landing as Canadian PR. In others words,
can they override "Automatic revalidation rule" in this case.
Part of me says they are two different teams one working for US to track I-94
and the other looking for Canadian PR so they can never rationalize this. If they talk then that could be an issue. Isn't that right?
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gcdreamer05
01-12 01:42 PM
best suggestion is go to india, you can easily get flights if you return within a week... go get it done and be back...
One question to u, what did you tell them or how did they give you back your passport when their background check was in process,, did you explicitly request that your passport be returned or they gave it themselves...
One question to u, what did you tell them or how did they give you back your passport when their background check was in process,, did you explicitly request that your passport be returned or they gave it themselves...
mrajatish
01-24 12:21 PM
Friends,
As part of the Washington State Chapter, I want to arrange a conference call for all Washington, Oregon and Idaho state members. I will send out details soon on the conf call.
The main agenda will be
1. How to increase awareness about IV and increase its member base/funding?
2. How to target the big employers in this region (e.g., Intel, Microsoft)?
3. How to meet all Congressmen and their Immigration staff?
Thanks,
Raj
mrajatish@yahoo.com
As part of the Washington State Chapter, I want to arrange a conference call for all Washington, Oregon and Idaho state members. I will send out details soon on the conf call.
The main agenda will be
1. How to increase awareness about IV and increase its member base/funding?
2. How to target the big employers in this region (e.g., Intel, Microsoft)?
3. How to meet all Congressmen and their Immigration staff?
Thanks,
Raj
mrajatish@yahoo.com
Indo-Canadian
08-30 08:23 PM
Can somebody tell me what are the chances of getting audited if PERM is applied in the next week or so? My lawyer is not Fragoman.
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