GCwaitforever
09-12 08:15 PM
Unpaid vacation is acceptable. Consultants working on hourly basis do not get paid when they do not work. As long as you come on top of prevailing wage rate and the annual salary quoted on the LCA at the end of the year, it does not matter. USCIS understands that you need a vacation too and can not work like a machine throughout the year.
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Aah_GC
07-21 11:16 AM
Hi there - thanks for posting this. Am in the same boat as you were. Do you by any chance have that fax number?
alterego
01-02 08:14 PM
Best Answer:- No-one but god knows the answer to your question.
Here are a few points to consider.
1) If you are from EB India, then you know that there are thousands perhaps hundreds of thousands with PD ahead of yours, at 2800 a year per EB category, you do the math.
2) Filing of 485 is dependent on more than just approvals, PDs sometimes move based on quirky decisions made by the State Dep't on the basis of nothing more than gesticulation. That said, the 4th quarter of every year is a lottery for anyone with a late PD whichever EB category, witness the July VB fiasco.
3) Legislation even just recapture (like AC21) can alter the dynamic for years, 4 yrs in the case of AC21 and provide heavily retrogressed countries like India and China especially with a boost.
4) A new President and a better immigration system might help you. One can only hope.
Absent the above caveats, sorry my friend but I don't expect the PD to move past the July 2007 VB fiasco date for decades. However, I don't expect the US to lock out Indian IT talent for that amount of time either. Much will depend on how much lobbying is done on this issue, and that will in turn depend on the energy shown by those like you.
Here are a few points to consider.
1) If you are from EB India, then you know that there are thousands perhaps hundreds of thousands with PD ahead of yours, at 2800 a year per EB category, you do the math.
2) Filing of 485 is dependent on more than just approvals, PDs sometimes move based on quirky decisions made by the State Dep't on the basis of nothing more than gesticulation. That said, the 4th quarter of every year is a lottery for anyone with a late PD whichever EB category, witness the July VB fiasco.
3) Legislation even just recapture (like AC21) can alter the dynamic for years, 4 yrs in the case of AC21 and provide heavily retrogressed countries like India and China especially with a boost.
4) A new President and a better immigration system might help you. One can only hope.
Absent the above caveats, sorry my friend but I don't expect the PD to move past the July 2007 VB fiasco date for decades. However, I don't expect the US to lock out Indian IT talent for that amount of time either. Much will depend on how much lobbying is done on this issue, and that will in turn depend on the energy shown by those like you.
2011 Tags: anti-love, Heartbreaking
shx
10-12 10:46 PM
As of October 12, 2007, USCIS has completed initial data entry and issued receipt notices for applications and petitions received on or before the dates indicated:
California Service Center
Form Number Date Received
I-130 8/30/2007
N-400 8/01/2007
All Other Forms 7/30/2007
Nebraska Service Center
Form Number Date Received
I-131 8/14/2007
I-140 8/14/2007
I-485 Employment
Based 8/14/2007
I-485 Asylee 8/07/2007
I-485 Refugee 7/16/2007
I-765 8/14/2007
N-400 7/29/2007
All Other Forms 8/05/2007
Texas Service Center
Form Number Date Received
I-131 8/13/2007
I-140 concurrently filed
with I-485 8/13/2007
I-485 Employment
Based * 8/13/2007
I-765 8/13/2007
N-400 7/18/2007
All Other Forms 9/16/2007
*California Service Center and Vermont Service Center are currently assisting in data entry of employment-based I-485 and related forms (I-140, I-765, and I-131) received at Texas Service Center between the dates of 7/28 and 8/8. As a result, some applicants may receive receipt notices from a service center different than the one they originally applied to.
Vermont Service Center
Form Number Date Received
I-130 7/29/2007
N-400 7/25/2007
All Other Forms 8/01/2007
USCIS Lockbox
Form Number Date Received
TPS 9/13/2007
California Service Center
Form Number Date Received
I-130 8/30/2007
N-400 8/01/2007
All Other Forms 7/30/2007
Nebraska Service Center
Form Number Date Received
I-131 8/14/2007
I-140 8/14/2007
I-485 Employment
Based 8/14/2007
I-485 Asylee 8/07/2007
I-485 Refugee 7/16/2007
I-765 8/14/2007
N-400 7/29/2007
All Other Forms 8/05/2007
Texas Service Center
Form Number Date Received
I-131 8/13/2007
I-140 concurrently filed
with I-485 8/13/2007
I-485 Employment
Based * 8/13/2007
I-765 8/13/2007
N-400 7/18/2007
All Other Forms 9/16/2007
*California Service Center and Vermont Service Center are currently assisting in data entry of employment-based I-485 and related forms (I-140, I-765, and I-131) received at Texas Service Center between the dates of 7/28 and 8/8. As a result, some applicants may receive receipt notices from a service center different than the one they originally applied to.
Vermont Service Center
Form Number Date Received
I-130 7/29/2007
N-400 7/25/2007
All Other Forms 8/01/2007
USCIS Lockbox
Form Number Date Received
TPS 9/13/2007
more...
NKR
02-13 03:56 PM
Folks,
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
You guys deserve it after waiting for so long. The only way to check if the case has been adjudicated or not is to keep checking the LUDS, if it changes see what the status says. After being patient for so many years, if you are feeling a little impatient now call USCIS and check the status.
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
You guys deserve it after waiting for so long. The only way to check if the case has been adjudicated or not is to keep checking the LUDS, if it changes see what the status says. After being patient for so many years, if you are feeling a little impatient now call USCIS and check the status.
JSimmivoice
01-25 01:08 PM
Oops mistake in my previous post, my visa stamp on the passport expired Last Year.
more...
amitkhare77
11-17 01:29 PM
Yes you need the I-94 attached with I-797 in order to apply for change of status (H1 to H4). your employer can not keep I-797. Just tell your employer that you need to apply SSN and you need I-797.
Thanks! But if I apply for my own H4, I would require my copy of I797 and the I94 attached to that. My employer doesnt provide me with the copy of those. Would the documents from my husband good enough to apply in US?
Arpu
Thanks! But if I apply for my own H4, I would require my copy of I797 and the I94 attached to that. My employer doesnt provide me with the copy of those. Would the documents from my husband good enough to apply in US?
Arpu
2010 Tags: heartbreak, life, love,
gc_chahiye
10-05 05:08 PM
If it is certain that he/she is not eligible for EB2, why should apply in EB2 and get denied. It is better to apply in EB3 to get it approved. The best option is apply in EB3 now. After few years (once he got 5 year exp), apply new LC and 140 with EB2 and transfer the PD. That will be the wise decision. In the current situation, it is funny to talk about EB2 and EB3 for a persion with PD 2007, particularly Indian orgin.
I agree with Ramba here. Go with EB3 now and get the I-140 approval so you can lock in the PD. After a few years can apply again in EB2 (through this, or some other employer) and port the PD over. Best of both worlds.
I agree with Ramba here. Go with EB3 now and get the I-140 approval so you can lock in the PD. After a few years can apply again in EB2 (through this, or some other employer) and port the PD over. Best of both worlds.
more...
lunar
07-21 08:38 AM
Normally my wife is the one who is used to post or follow up on the latest here.
This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.
Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.
Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.
Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.
One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.
Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.
Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.
Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.
One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
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neelu
07-09 12:33 PM
I dont think the exam results "expire". My guess is that they misplaced your wife's results/paperwork or something like that.
Another explanation is that they wanted confirmation of your wife's results.
These days Medical RFEs are very common. No one really knows why they ask these sometimes.
But get another medical checkup done and send it in, and you should be good.
Good Luck.
Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
Another explanation is that they wanted confirmation of your wife's results.
These days Medical RFEs are very common. No one really knows why they ask these sometimes.
But get another medical checkup done and send it in, and you should be good.
Good Luck.
Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.
Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?
more...
tamil12
09-09 08:55 AM
If you can't able to wait for the AP to come...Then give a shot to the local USCIS office...and get an emergency AP...you can get it in oneday...But you need a valid document to show as it's a emergency travel to India....probably a document from India...
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beautifulMind
08-08 08:44 PM
Universities are non profit organizations hence not restricted by h1b quota..Try to find a job in a non profit organization till then stay in school ...you can also consider getting married :) which will open up more options for you
more...
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cjain
08-10 04:36 PM
...if you want...i'll post here..
Great find..
Please post all news related info here http://immigrationvoice.org/forum/showthread.php?t=4805&highlight=media
Great find..
Please post all news related info here http://immigrationvoice.org/forum/showthread.php?t=4805&highlight=media
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needlotsofluck
07-28 12:05 PM
Help, need to clarify.I need help in how to file I-131 for my minor child. I'm doing it myself.
1.) Is my name be the one to be signed instead of my minor child's name on part 8 of form I131?
2.) Should I fill up part 9 being the one who filled up the form?
3. Do we have to actually follow the General tips on filing on USCIS site....http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ff053d146a7ee010VgnVCM1000000ecd190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
Thanks
1.) Is my name be the one to be signed instead of my minor child's name on part 8 of form I131?
2.) Should I fill up part 9 being the one who filled up the form?
3. Do we have to actually follow the General tips on filing on USCIS site....http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ff053d146a7ee010VgnVCM1000000ecd190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
Thanks
more...
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Jubba
09-04 08:23 PM
heres another way to do it
http://www.b-man.dk/tuts_pixelstretch.asp
http://www.b-man.dk/tuts_pixelstretch.asp
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bkn96
02-18 02:09 PM
oh yeah! it is legal i know that... however, i consulted lawyers on this and they were of the opinion that it is best to have a straight case where you are working for a large us corp. essentially, uscis can question if the company has enough work to sustain employing a person on a "permanent basis". that "permanent basis" appears to be one of the criteria for approval of labor/perm, I140 etc... thats why my query to you. it seems ability to pay can also be a question, however, that is not supposed to be brought up during adjudication of 485... so you are safe there...
so, this is real cool... thanks for sharing your info...
My I140 is applied by another company and 140 already approved. So i think ability to pay question only comes during 140. So after I140 approved i think it is safe to go in this route.
so, this is real cool... thanks for sharing your info...
My I140 is applied by another company and 140 already approved. So i think ability to pay question only comes during 140. So after I140 approved i think it is safe to go in this route.
more...
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everonh1
06-21 02:59 PM
I am in same boat.
Here is my experience with USCIS at San Francisco:-
Went to USCIS SFO Today.
They bluntly told me that they have no process to re-issue I-94s.
Either file an H1 Extension or leave the country and get back in for a new extended I-94.
I argued with them that this is real crazy - how come you dont have a process to fix the I-94 after passport is extended and well before I-94 expiry date.
They had no answer and stuck to their answer that they cant do much and I have only those 2 options.
I asked them if San Francisco CBP will fix it - they said NO,they wont.
Also,apparently as per USCIS officials,I cant go to any of the border Countries like Canada,Mexico as they dont issue I-94 if stay there is less than 30 days.
So I have to go out to any country other than border countries and only then I-94 will be issued?
How more crazy can USCIS be?
How come AILA or someone never raised this issue with USCIS- as this is such a common scenario.
Here is my experience with USCIS at San Francisco:-
Went to USCIS SFO Today.
They bluntly told me that they have no process to re-issue I-94s.
Either file an H1 Extension or leave the country and get back in for a new extended I-94.
I argued with them that this is real crazy - how come you dont have a process to fix the I-94 after passport is extended and well before I-94 expiry date.
They had no answer and stuck to their answer that they cant do much and I have only those 2 options.
I asked them if San Francisco CBP will fix it - they said NO,they wont.
Also,apparently as per USCIS officials,I cant go to any of the border Countries like Canada,Mexico as they dont issue I-94 if stay there is less than 30 days.
So I have to go out to any country other than border countries and only then I-94 will be issued?
How more crazy can USCIS be?
How come AILA or someone never raised this issue with USCIS- as this is such a common scenario.
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brb2
04-06 07:54 AM
People over 5 years will be eligible to apply for green cards after 6 years! This bill puts illegals in the place where they should be put, and I would not call it amenesty by any measure.
With this bill, if the thought is that about half of the illegals (<5yrs) will have to leave the country and return, and that too without any guarantees, they are not going to do it unless the consequences are drastic. Some, even then may decide that staying illegally is a better option than going back.
IMHO, this bill amounts to saying,
1. Let's legalize some of the illegals
2. Let's push the the rest of the problem away for another 10-12 years
3. A compromise
But the question that arises is that, what prevents people who have been here legally (>5yrs) from applying for GC thorugh this method?
With this bill, if the thought is that about half of the illegals (<5yrs) will have to leave the country and return, and that too without any guarantees, they are not going to do it unless the consequences are drastic. Some, even then may decide that staying illegally is a better option than going back.
IMHO, this bill amounts to saying,
1. Let's legalize some of the illegals
2. Let's push the the rest of the problem away for another 10-12 years
3. A compromise
But the question that arises is that, what prevents people who have been here legally (>5yrs) from applying for GC thorugh this method?
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angelfire76
10-05 01:11 PM
As I've been hearing different versions of this conference call.
1. Expect further retrogressions on the visa bulletins
This is common among all versions
2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in JulyThis is a very debatable number. The number is estimated to be close to 200k EB applications. FB, Asylum etc. also add to this 800k number. The CIS official is just saying "We are inefficient as we are swamped with work"
3. Do not expect premium processing to be re-instated for I-140s for a while
Not true. Premium processing is expected to start from Jan 2008 as soon as this mess is over. It's a money maker for CIS and a cash-strapped org will not simply kill the golden goose.
7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.
Not strange, considering that you "pre-pay" for your EAD and AP for filers who have filed and will file after July 30,2007. It only increases CIS workload to renew EAD and AP everyyear for free. What I've heard is that this is only for applicants who applied after new fee structure is in effect. :(
9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.
PERM audits started beginning October 2006.
12. New PERM form on March 28, 2008
13. Carlson stated that the DOL�s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ�s are on the DOL website.
Nothing new. This law was introduced on July 16th by DOL.
14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.
Work site enforcement of employers who have petitioned as H1-B dependent.
16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.
Makes sense.Speeding tickets go only into driving record, but DUIs go into criminal record too. That would make sense. But would anybody with a DUI be a responsible immigrant / citizen in the first place?
17. The US consulates and CBP are Googling you!
This is absolute nonsense. Apparently they've a far more sophisticated database than what Google will ever have. :rolleyes:
1. Expect further retrogressions on the visa bulletins
This is common among all versions
2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in JulyThis is a very debatable number. The number is estimated to be close to 200k EB applications. FB, Asylum etc. also add to this 800k number. The CIS official is just saying "We are inefficient as we are swamped with work"
3. Do not expect premium processing to be re-instated for I-140s for a while
Not true. Premium processing is expected to start from Jan 2008 as soon as this mess is over. It's a money maker for CIS and a cash-strapped org will not simply kill the golden goose.
7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.
Not strange, considering that you "pre-pay" for your EAD and AP for filers who have filed and will file after July 30,2007. It only increases CIS workload to renew EAD and AP everyyear for free. What I've heard is that this is only for applicants who applied after new fee structure is in effect. :(
9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.
PERM audits started beginning October 2006.
12. New PERM form on March 28, 2008
13. Carlson stated that the DOL�s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ�s are on the DOL website.
Nothing new. This law was introduced on July 16th by DOL.
14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.
Work site enforcement of employers who have petitioned as H1-B dependent.
16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.
Makes sense.Speeding tickets go only into driving record, but DUIs go into criminal record too. That would make sense. But would anybody with a DUI be a responsible immigrant / citizen in the first place?
17. The US consulates and CBP are Googling you!
This is absolute nonsense. Apparently they've a far more sophisticated database than what Google will ever have. :rolleyes:
wc_user
12-24 10:07 PM
Thanks
All said and done, isn't it safer to just get your H1-B stamped and come back using H1-B visa. This way, there is no doubt. I have an AP, but I am planning to get my H1-B visa stamped when I go to India in January.
All said and done, isn't it safer to just get your H1-B stamped and come back using H1-B visa. This way, there is no doubt. I have an AP, but I am planning to get my H1-B visa stamped when I go to India in January.
pkv
04-13 05:35 PM
For a medical REF how many days do we have to reply?
Thanks,
RabiS
Doesn't your RFE letter says it clearly? They mention a "reply by date" also on the letter.
Thanks,
RabiS
Doesn't your RFE letter says it clearly? They mention a "reply by date" also on the letter.
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