Dhundhun
11-24 05:13 AM
Nihar, let me understand your problem and explain you, what might be happening?
#1. You are doing MBA
#2. In Apr 2007, you applied for H1B through some consultant. There was oversubscription and so lottery was there. Through lottery, you got selected - but this is not H1B approval.
#3. Meanwhile your consultant (or you) got RFE, to which you replied in Aug.
#4. H1B is usually approved in Oct/Nov. You have still not in hand but you see it aapproved on USCIS site.
#5. This period is dual status, you are on OPT and H1B is approved. If you have both OPT and H1B, you continue as OPT for taxation purpose this year. Consultant will not be deducting social security.
#6. If you are on dual status, your H1B will start from Jan 2008.
#7. But if your OPT is already expired, you can only work through consultant after getting H1B papers. You remain in USA waiting for H1B to become available.
#8. If you have not requested for OPT, you are neither on OPT nor on H1B. You are just on F1 Visa. After completing MBA, if H1B is refused, you will become out of status. OPT has to be applied 3 months before the end of session.
#1. You are doing MBA
#2. In Apr 2007, you applied for H1B through some consultant. There was oversubscription and so lottery was there. Through lottery, you got selected - but this is not H1B approval.
#3. Meanwhile your consultant (or you) got RFE, to which you replied in Aug.
#4. H1B is usually approved in Oct/Nov. You have still not in hand but you see it aapproved on USCIS site.
#5. This period is dual status, you are on OPT and H1B is approved. If you have both OPT and H1B, you continue as OPT for taxation purpose this year. Consultant will not be deducting social security.
#6. If you are on dual status, your H1B will start from Jan 2008.
#7. But if your OPT is already expired, you can only work through consultant after getting H1B papers. You remain in USA waiting for H1B to become available.
#8. If you have not requested for OPT, you are neither on OPT nor on H1B. You are just on F1 Visa. After completing MBA, if H1B is refused, you will become out of status. OPT has to be applied 3 months before the end of session.
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Humhongekamyab
05-15 04:42 PM
2009------we can see something happening.
Until then Visa Bulleting is our best hope and source
Let us pray.
If you think nothing is going happen then definitely nothing will happen.
Until then Visa Bulleting is our best hope and source
Let us pray.
If you think nothing is going happen then definitely nothing will happen.
bang
01-05 07:09 AM
Otherway is, as the person status is in pending which is not illegal ----- Where did you find this from ????
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perm
07-11 04:56 PM
Is this true...? if it is, USCIS is in big trouble.
5. When the law clearly says that USCIS could allot only 10% of visas per month which is 14K, under what basis USCIS issued 60K visas in the month of June 2007. Here is the link to that law. http://ecfr.gpoaccess.gov/cgi/t/text....6.1.1&idno=22
link not working
5. When the law clearly says that USCIS could allot only 10% of visas per month which is 14K, under what basis USCIS issued 60K visas in the month of June 2007. Here is the link to that law. http://ecfr.gpoaccess.gov/cgi/t/text....6.1.1&idno=22
link not working
more...
rockstart
08-12 07:53 AM
Can some one say when they received the actual RFE from the time they received the hard LUD and e-mail from CIS?
chanduv23
12-08 10:48 AM
Dear brothers and sisters,
We are running a funding drive with a targetted amount for our lobbying efforts.
A lot of people have contributed and contributions are still coming in.
Thanks to all those who are showing a wonderful gesture by their contributions.
If you have not yet contributed, please do so now and post details on this thread where contributions are being tracked
http://immigrationvoice.org/forum/showthread.php?t=15905
Participating actively in grassroots efforts is very essential. Changes do not come overnight, they come only with a lot of effort through grassroots efforts. Please join us and start actively participating in grassroots efforts.
Persistence and perserverence is the key here and it is very essential that everyone start participating actively. IV is your/our organization. IV is nothing but you and me.
Hiding behind closets and taking a back seat and remaining dormant does not help our cause, it only hinders all the hard work and effort that all the dedicated members are doing.
Remember, changes do not happen easily and one must not assume that things will happen automatically. Things can and will happen only when we make it happen and by remaining dormant we cannot achieve what we want to achieve.
We urge all the guests to become members now and join their State Chapters. We also request the dormant members, not to remain dormant and aloof. We request the fence sitters to jump the fence now.
Everyone in the community has to come forward and contribute towards the efforts.
Yours,
Chandrakanth - IV Volunteer
We are running a funding drive with a targetted amount for our lobbying efforts.
A lot of people have contributed and contributions are still coming in.
Thanks to all those who are showing a wonderful gesture by their contributions.
If you have not yet contributed, please do so now and post details on this thread where contributions are being tracked
http://immigrationvoice.org/forum/showthread.php?t=15905
Participating actively in grassroots efforts is very essential. Changes do not come overnight, they come only with a lot of effort through grassroots efforts. Please join us and start actively participating in grassroots efforts.
Persistence and perserverence is the key here and it is very essential that everyone start participating actively. IV is your/our organization. IV is nothing but you and me.
Hiding behind closets and taking a back seat and remaining dormant does not help our cause, it only hinders all the hard work and effort that all the dedicated members are doing.
Remember, changes do not happen easily and one must not assume that things will happen automatically. Things can and will happen only when we make it happen and by remaining dormant we cannot achieve what we want to achieve.
We urge all the guests to become members now and join their State Chapters. We also request the dormant members, not to remain dormant and aloof. We request the fence sitters to jump the fence now.
Everyone in the community has to come forward and contribute towards the efforts.
Yours,
Chandrakanth - IV Volunteer
more...
gconmymind
11-05 03:50 AM
Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.
Saving grace - Our H1/H4 are in order with many long years left on them.
Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
I am in almost the same boat, with the exception that my receipts have not arrived yet!! :mad:
Only saving grace is that I am EB2 and my priority date is May '04, so hoping the bulletin to be current for me in a few months so I can file for my wife..keeping my fingers crossed...
Saving grace - Our H1/H4 are in order with many long years left on them.
Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?
I am in almost the same boat, with the exception that my receipts have not arrived yet!! :mad:
Only saving grace is that I am EB2 and my priority date is May '04, so hoping the bulletin to be current for me in a few months so I can file for my wife..keeping my fingers crossed...
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njdude26
07-19 03:57 PM
My attorney today informed me just a week after he sent an email to them saying that case was closed in error they replied back saying they are reopening the case. wow that was fast...
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desi3933
02-22 01:36 PM
By filing an I-140 you have shown an intent to immigrate and hence you will not be able to file for an F-1 from outside the country (my personal opinion). However, since you probably do not need to re-enter the country on F-1, you do not have to prove to the official at the consulate that you will return to your home country. So my guess would be you can change to F-1 from within US. BUT, you can forego your H-1B, attain AOS pending status, and attend school.
I think you should consult an attorney.
Once I-485 is filed, one can file for change of status ONLY to H/L status.
______________________
Not a legal advice
US citizen of Indian origin
I think you should consult an attorney.
Once I-485 is filed, one can file for change of status ONLY to H/L status.
______________________
Not a legal advice
US citizen of Indian origin
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prem_goel
09-07 06:49 PM
the intent of Green card is to hire an immigrant since they did not file any suitable US Citizen. If your company has received a number of resumes and they are suitable for your position, then I don't believe the company and for that matter even you should move forward. I would suggest wait for a while if that's possible, and conduct the PERM process again once the market improves.
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desiin_va
04-23 01:23 PM
This email is useless as nowhere in the email the alien's name is mentioned.
In USCIS website you only have the option to add a case with the receipt number. They don't verify whether this case belongs to you or not.
If your company/attorney gives you a receipt # that belongs to another person�s I-140 application, still you will get this email.
The only option you have is to request for a copy of I-140 using G-639 form under FOIA.
I agree, the email response is no help.
Can you please elaborate on how to request copy I-140 using G-639 form under FOIA?
In USCIS website you only have the option to add a case with the receipt number. They don't verify whether this case belongs to you or not.
If your company/attorney gives you a receipt # that belongs to another person�s I-140 application, still you will get this email.
The only option you have is to request for a copy of I-140 using G-639 form under FOIA.
I agree, the email response is no help.
Can you please elaborate on how to request copy I-140 using G-639 form under FOIA?
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Becks
02-23 09:15 PM
I think Degree+Experience is checked mostly during 140 stage. I have not seen this requirement for AC21 anywhere. All i have been hearing is the new jobs should be same or similar with job code/ job title / duties. So check with your lawyers again.
more...
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arihant
05-01 09:08 AM
Checked DOL website yesterday (4/30) and today (5/01) to see what the front page would say. Sure enough - the image changed from "18 Months Remaining" yesterday to "17 Months Remaining" today!
Web gurus, can you guys make sense of the following lines? I grabbed them from the DOL's website source. Can you tell if this being manually changed or some script is doing it automatically:
<h3 style="color: #990000">Foreign Labor Certification</h3>
<!-- script will be here? -->
<p style="font-weight: bold">Backlog will be eliminated 9/30/2007<br />
<!-- start script -->
<img src="images/17MonthsRemaining.jpg" width="270" height="46" alt="17 Months Remaining" border="0" /></p>
<!-- img src="images/19MonthsRemaining.jpg" width="270" height="46" alt="19 Months Remaining" border="0" /></p -->
Web gurus, can you guys make sense of the following lines? I grabbed them from the DOL's website source. Can you tell if this being manually changed or some script is doing it automatically:
<h3 style="color: #990000">Foreign Labor Certification</h3>
<!-- script will be here? -->
<p style="font-weight: bold">Backlog will be eliminated 9/30/2007<br />
<!-- start script -->
<img src="images/17MonthsRemaining.jpg" width="270" height="46" alt="17 Months Remaining" border="0" /></p>
<!-- img src="images/19MonthsRemaining.jpg" width="270" height="46" alt="19 Months Remaining" border="0" /></p -->
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cooldude0807
12-12 12:17 PM
How about Montgomery, so that folks from Mobile can also show up for the meet & it will be a good center point....
more...
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ArkBird
05-21 04:55 PM
Recently my wife went for finger printing.... none of us except her received FP notice. So she went there and did FP and asked the person over there about why I didn't get FP.
The person asked her my name and A#. He looked into the system and said I didn't get FP because by July you will get your GCs...... my FPs are still valid.... I know what he said is not true.... as you can see my PD.... but I keep wondering why he said that after looking in his system...... :confused:
PS - Sorry for the Title. But I am just quoting him.
EXACT same thing happened with us in Feb. The person taking FP told my wife that we will get our GC in April but the cleaver part was that she never mentioned they year!!! :)
The person asked her my name and A#. He looked into the system and said I didn't get FP because by July you will get your GCs...... my FPs are still valid.... I know what he said is not true.... as you can see my PD.... but I keep wondering why he said that after looking in his system...... :confused:
PS - Sorry for the Title. But I am just quoting him.
EXACT same thing happened with us in Feb. The person taking FP told my wife that we will get our GC in April but the cleaver part was that she never mentioned they year!!! :)
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ufo2002
09-12 01:41 PM
don't remember the source, but I remember reading in the last week that the backlog reduction at CIS is not a true reduction, but because CIS has redefined what "backlog" means. This may refer to the discounting of the 1 million that are backlogged due to visa unavailability (quoted in gonzalez's report), but I woudn't be surprised if the "new definition" is not also contributing to the remaining 140K cases backlog reduction.
Let's redefine:
"laziness" = DOL
"stupidity" = USCIS
Let's redefine:
"laziness" = DOL
"stupidity" = USCIS
more...
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paskal
11-07 03:30 PM
I am in Birmingham and would like to join the state cahpter.
some of you need to join up and start a state chapter. meeting and discussing it is a great idea. putting faces to names is a big step forward and creates a sense of trust and community.
some of you need to join up and start a state chapter. meeting and discussing it is a great idea. putting faces to names is a big step forward and creates a sense of trust and community.
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reddymjm
04-17 03:48 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
If you have a copy of ur LC and I140 you are good to go. Any one can get a 3 year extension on an approved I140. If the rule comes in that you should use ur labor within 45 days of approval. There is nothing ur employer can do to you. If you do not have a copy try getting a copy of your labor and I140.
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
If you have a copy of ur LC and I140 you are good to go. Any one can get a 3 year extension on an approved I140. If the rule comes in that you should use ur labor within 45 days of approval. There is nothing ur employer can do to you. If you do not have a copy try getting a copy of your labor and I140.
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BEC_fog
04-23 10:55 AM
Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
vxg
08-31 02:03 PM
Best thing is to apply AP online. I did the same and got the FP notice 2nd time. Planning to do it again this year end.
kanaka
The FP done for AP does not apply to I-485, the two are separate.
kanaka
The FP done for AP does not apply to I-485, the two are separate.
vamsi_poondla
09-05 09:36 PM
we should all attend. Failure is not an option...there is no better time than Sept 18th
