vfwlkr
04-08 03:16 PM
PD: July 01 EB3 India
I-140 approved: 03/2004 (Not concurrent)
485 RD: March 05 (CSC)
Case transferred to NSC: 03/2006
I-140 approved: 03/2004 (Not concurrent)
485 RD: March 05 (CSC)
Case transferred to NSC: 03/2006
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yagw
03-07 12:44 PM
With this present economic status I think a lot of I-485 that is still pending faces layoffs or had been laid off, particularly in my field in architecture. I just wish It wont happen to those who have waited for so long to get their green card.
I was laid off last Feb. 19/ 09. I had my I-140 approved last Aug 2006 and my I-485 is still pending for more than a year now.
The day before I got laid off from work, I talked to the immigration personnel in charge in my company and he told me that they wont cancel my I-485 in case I get laid off and advice me to inform them when I found a new sponsor to carry over my I-485.
Since the law is not clear how long can I stay unemployed, would there be something to worry in my present situation? I just need an answer that could lift up my hope.Just like everybody else, Ive waited for so long for my green card, and when I landed this big company, I thought this is where I would get my Green card but that hope was shattered when I got laid off. There is no job out there and it could drag on for months.
For those who got their Green card and those who are blessed to be born in this great country, your advice or input in my situation is very much appreciated.
Thank you.
From your information, I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed. If you're in one of those backlogged countries (India, China) then I would say you have enough time to find another job (given that your PD is 2006 and EB3 category). The USCIS will not touch your case for another year at least :)
DISCLAIMER: I am not an Attorney and this is not a legal advice
I was laid off last Feb. 19/ 09. I had my I-140 approved last Aug 2006 and my I-485 is still pending for more than a year now.
The day before I got laid off from work, I talked to the immigration personnel in charge in my company and he told me that they wont cancel my I-485 in case I get laid off and advice me to inform them when I found a new sponsor to carry over my I-485.
Since the law is not clear how long can I stay unemployed, would there be something to worry in my present situation? I just need an answer that could lift up my hope.Just like everybody else, Ive waited for so long for my green card, and when I landed this big company, I thought this is where I would get my Green card but that hope was shattered when I got laid off. There is no job out there and it could drag on for months.
For those who got their Green card and those who are blessed to be born in this great country, your advice or input in my situation is very much appreciated.
Thank you.
From your information, I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed. If you're in one of those backlogged countries (India, China) then I would say you have enough time to find another job (given that your PD is 2006 and EB3 category). The USCIS will not touch your case for another year at least :)
DISCLAIMER: I am not an Attorney and this is not a legal advice
rkiran
12-03 02:26 PM
Hi vin13,
Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
I have an appointment tomorrow and only have a letter from the doctor.
Thanks,
We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
If you do not get help in one of the offices, try your luck at another USCIS office.
Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
I have an appointment tomorrow and only have a letter from the doctor.
Thanks,
We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
If you do not get help in one of the offices, try your luck at another USCIS office.
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rnanchal
02-05 03:46 PM
Please email me your details, I may be able to get you an observership spot. I do not promise, but I will try
more...
485Mbe4001
03-28 04:34 PM
Can you make the PD field numeric, sorting will be easier.
sertasheep
03-26 12:04 PM
dpsg,
I think the point we're trying to make is TOI could probably write about "relevant" problems. Illegal immigration is not a problem we're fighting in this forum. Anyone recollect an article in recent times in TOI on impact of GC backlog and retrogression?
The press is the primary forum for people's voices to be heard even in a difficult democracy like India.
Let the media be aware of the problems NRIs are going through. Most people back home(Des) will think that people in the US have a cushy life with no worries, when the reality is different.
This topic is really debatable, but its simply my humble opinion.
And guess what: making the India NRI minister (Vayalar Ravi) of these issues didn't even result in getting an email response back. We might as well expect that "nothing will happen". But, what's the harm in trying? Just a few minutes of time (and electrons) expended).
I think the point we're trying to make is TOI could probably write about "relevant" problems. Illegal immigration is not a problem we're fighting in this forum. Anyone recollect an article in recent times in TOI on impact of GC backlog and retrogression?
The press is the primary forum for people's voices to be heard even in a difficult democracy like India.
Let the media be aware of the problems NRIs are going through. Most people back home(Des) will think that people in the US have a cushy life with no worries, when the reality is different.
This topic is really debatable, but its simply my humble opinion.
And guess what: making the India NRI minister (Vayalar Ravi) of these issues didn't even result in getting an email response back. We might as well expect that "nothing will happen". But, what's the harm in trying? Just a few minutes of time (and electrons) expended).
more...
rajmalhotra
02-08 04:46 PM
This refers to only duplicate filling through same employer, there are no rules for applying multiple fillings through multiple employers:
"Mr. Aytes expressed concern that people might file duplicate petitions in order to increase their chances under the randomized selection, and USCIS plans to issue a regulation to prevent such duplicative filings. If an employer filed another petition with a minor change in the salary or the worksite, it would be considered a duplicative petition. Mr. Aytes warned that both petitions would get rejected"
From www.immigration-law.com
---------------------------------
01/28/2008: Risk of Multiple Filing of FY 2009 H-1B Cap Cases
� Question: We run an IT consulting business for the employers and are scheduled to file a number of FY 2009 H-1B cap cases in coming April 2008. I understand that in FY 2008 H-1B cap filing, employers filed multiple H-1B petitions for the same foreign worker for the same position and some were successful in obtaining H-1B in the lottery. What are the chances that the same opportunity may be available in FY 2009 H-1B cap filing?
� Discussion: The USCIS is predicting that the FY 2009 H-1B cap numbers are likely to run on the first day, April 1, 2008, Tuesday. It is also obvious that the agency may have to go through a random selection lottery process again this year. The USCIS recognizes the problem of multiple petition filing for the same employees by the same employers and has released an information that this year the agency intends to sort out such multiple filings and reject or deny all of them. It must be a challenging task for the Service Centers to undertake such work, but it is obvious that unlike the previous year, the risk of filing multiple petitions by the same employer for the same employee for the same positions will be substantially high since the USCIS has been developing so-called "account system" of immigration benefits processing and adjudication. No one knows how far the agency has gone to develop the account system. One of the accounts the agency was expected to develop was to develop the employer account databases.
� However, there is a legal issue as to whether the USCIS can either reject or deny the multiple H-1B petitions for a given alien by the multiple different employers for different positions. Such multiple filings will not give any benefit to a given employer, but from the perspectives of the alien employees, the chance of random selection may increase substantially. It is uncertain whether the agency will expand their policy against the multiple filings by the multiple employers, but in the event they adopt such policy, the agency may face legal challenge in courts by the U.S. employers. From each employer's perspectives, it may be construed an illegal deprivation of their rights to petition for a required foreign worker, particularly when each employer had no knowledge of other employers' filing of the H-1B petitions for the same employee. Interesting question to watch ahead.
This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.
http://immigrationvoice.org/forum/showthread.php?t=16188
"Mr. Aytes expressed concern that people might file duplicate petitions in order to increase their chances under the randomized selection, and USCIS plans to issue a regulation to prevent such duplicative filings. If an employer filed another petition with a minor change in the salary or the worksite, it would be considered a duplicative petition. Mr. Aytes warned that both petitions would get rejected"
From www.immigration-law.com
---------------------------------
01/28/2008: Risk of Multiple Filing of FY 2009 H-1B Cap Cases
� Question: We run an IT consulting business for the employers and are scheduled to file a number of FY 2009 H-1B cap cases in coming April 2008. I understand that in FY 2008 H-1B cap filing, employers filed multiple H-1B petitions for the same foreign worker for the same position and some were successful in obtaining H-1B in the lottery. What are the chances that the same opportunity may be available in FY 2009 H-1B cap filing?
� Discussion: The USCIS is predicting that the FY 2009 H-1B cap numbers are likely to run on the first day, April 1, 2008, Tuesday. It is also obvious that the agency may have to go through a random selection lottery process again this year. The USCIS recognizes the problem of multiple petition filing for the same employees by the same employers and has released an information that this year the agency intends to sort out such multiple filings and reject or deny all of them. It must be a challenging task for the Service Centers to undertake such work, but it is obvious that unlike the previous year, the risk of filing multiple petitions by the same employer for the same employee for the same positions will be substantially high since the USCIS has been developing so-called "account system" of immigration benefits processing and adjudication. No one knows how far the agency has gone to develop the account system. One of the accounts the agency was expected to develop was to develop the employer account databases.
� However, there is a legal issue as to whether the USCIS can either reject or deny the multiple H-1B petitions for a given alien by the multiple different employers for different positions. Such multiple filings will not give any benefit to a given employer, but from the perspectives of the alien employees, the chance of random selection may increase substantially. It is uncertain whether the agency will expand their policy against the multiple filings by the multiple employers, but in the event they adopt such policy, the agency may face legal challenge in courts by the U.S. employers. From each employer's perspectives, it may be construed an illegal deprivation of their rights to petition for a required foreign worker, particularly when each employer had no knowledge of other employers' filing of the H-1B petitions for the same employee. Interesting question to watch ahead.
This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.
http://immigrationvoice.org/forum/showthread.php?t=16188
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rvr_jcop
03-27 12:51 PM
I feel the same... but I'm not sure if I am ready to go back just yet. I spent beyond my means to get my masters and spent a couple of years just paying it back.
I might have some left in me to try again one more time and hoping that some reforms would happen which would help me then.
But yeah, I am not sure if I'll really go after that h1 if I have to go for stamping now.
pal :)
Oh, and also, consider the 'risk' involved in the underlying 485. If you have everything in place and all the documents such as LCA are proper, proved A2P etc...then the risk should be negligible. But again, you know that better than us. Good Luck.
In my case, I decided enough is enough. I am going back 'home' should something happen to my 485., in fact with a big smile.
I might have some left in me to try again one more time and hoping that some reforms would happen which would help me then.
But yeah, I am not sure if I'll really go after that h1 if I have to go for stamping now.
pal :)
Oh, and also, consider the 'risk' involved in the underlying 485. If you have everything in place and all the documents such as LCA are proper, proved A2P etc...then the risk should be negligible. But again, you know that better than us. Good Luck.
In my case, I decided enough is enough. I am going back 'home' should something happen to my 485., in fact with a big smile.
more...
Aah_GC
07-09 02:11 PM
You cannot ask for an interim card by or before September 10th as you finish your 90 days of application only by September 23rd (and you might actually get your card by that time). What you should do if you don't receive your EAD by the mid of August is to take an infopass appointment and request them to speed up your process. Be genuinely sincere and explain your case. If you are lucky they might either issue you an interim card or might just get NSC to speed up your application.
My take is you will receive your card by the end of August at the very least. So don't worry.
My take is you will receive your card by the end of August at the very least. So don't worry.
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like_watching_paint_dry
09-22 06:02 PM
Thanks, what a pain. I just did a Google Business search and did not find any branches of it in USA. Is there anyway we can get this done while in US? My appt is on Monday, this means I have to go to Canada on Friday to get this deposit slip? :mad:
Just saw your question... you may be in Canada today. Well AFAIK they allow you to go and get the payment taken care of after you have checked in. But it's a hassle you want to avoid, especially if the nearest branch is not across the street or something.
Hope it went well for you...
Just saw your question... you may be in Canada today. Well AFAIK they allow you to go and get the payment taken care of after you have checked in. But it's a hassle you want to avoid, especially if the nearest branch is not across the street or something.
Hope it went well for you...
more...
ski_dude12
04-01 05:51 PM
Why did you not stick with the approved labor with company A, thus retaining the priority date of Nov 2006???
If you used substitution labor just to get ahead of others who are in the line, then I hope no one answers your query. I won't be as critical as zCool but substitute labor cases are repulsive.
If you used substitution labor just to get ahead of others who are in the line, then I hope no one answers your query. I won't be as critical as zCool but substitute labor cases are repulsive.
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kanakabyraju
08-31 01:34 PM
I filed AOS during July 07 fiasco. It has been more than 15 months since the first fingerprint but I have not yet received 2nd fingerprint notice. I noticed a SLUD in May/09 but no notice. Anybody else out there who filed in July but don't have second fingerprint notice yet?
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
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
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hoolahoous
04-17 01:19 PM
when I travelled aboard last two times, I went to Citizen's line (my daughter is citizen and I am on H1b) and IO didn't have any issue at all.
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hope123
12-21 06:29 PM
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
more...
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gc_eb2_waiter
11-16 04:08 PM
From immigration-law.com
Senate Passed S. Res. 299 Recognizing Festival of Diwali
On November 14, 2007, the Senate passed the following resolution:
Whereas Diwali, a festival of great significance to Indian Americans and South Asian Americans, is celebrated annually by Hindus, Sikhs, and Jains throughout the United States;
Whereas there are nearly 2,000,000 Hindus in the United States, approximately 1,250,000 of which are of Indian and South Asian origin;
Whereas the word ``Diwali'' is a shortened version of the Sanskrit term ``Deepavali'', which means ``a row of lamps'';
Whereas Diwali is a festival of lights, during which celebrants light small oil lamps, place them around the home, and pray for health, knowledge, and peace;
Whereas celebrants of Diwali believe that the rows of lamps symbolize the light within the individual that rids the soul of the darkness of ignorance;
Whereas Diwali falls on the last day of the last month in the lunar calendar and is celebrated as a day of thanksgiving and the beginning of the new year for many Hindus;
Whereas for Hindus, Diwali is a celebration of the victory of good over evil;
Whereas for Sikhs, Diwali is feted as the day that the sixth founding Sikh Guru, or revered teacher, Guru Hargobind, was released from captivity by the Mughal Emperor Jehangir; and
Whereas for Jains, Diwali marks the anniversary of the attainment of moksha, or liberation, by Mahavira, the last of the Tirthankaras (the great teachers of Jain dharma), at the end of his life in 527 B.C.: Now, therefore, be it
Resolved, That the Senate--
(1) recognizes the religious and historical significance of the festival of Diwali; and
(2) in observance of Diwali, the festival of lights, expresses its deepest respect for Indian Americans and the Indian diaspora throughout the world on this significant occasion.
Congratulations to East Indians.
:D:D Happy to see that Senate recognised 5000+ Years of Indian celebration.
I hope they don't need another :( 5000years to provide for relief in Employment based GCs.
:D:D
Senate Passed S. Res. 299 Recognizing Festival of Diwali
On November 14, 2007, the Senate passed the following resolution:
Whereas Diwali, a festival of great significance to Indian Americans and South Asian Americans, is celebrated annually by Hindus, Sikhs, and Jains throughout the United States;
Whereas there are nearly 2,000,000 Hindus in the United States, approximately 1,250,000 of which are of Indian and South Asian origin;
Whereas the word ``Diwali'' is a shortened version of the Sanskrit term ``Deepavali'', which means ``a row of lamps'';
Whereas Diwali is a festival of lights, during which celebrants light small oil lamps, place them around the home, and pray for health, knowledge, and peace;
Whereas celebrants of Diwali believe that the rows of lamps symbolize the light within the individual that rids the soul of the darkness of ignorance;
Whereas Diwali falls on the last day of the last month in the lunar calendar and is celebrated as a day of thanksgiving and the beginning of the new year for many Hindus;
Whereas for Hindus, Diwali is a celebration of the victory of good over evil;
Whereas for Sikhs, Diwali is feted as the day that the sixth founding Sikh Guru, or revered teacher, Guru Hargobind, was released from captivity by the Mughal Emperor Jehangir; and
Whereas for Jains, Diwali marks the anniversary of the attainment of moksha, or liberation, by Mahavira, the last of the Tirthankaras (the great teachers of Jain dharma), at the end of his life in 527 B.C.: Now, therefore, be it
Resolved, That the Senate--
(1) recognizes the religious and historical significance of the festival of Diwali; and
(2) in observance of Diwali, the festival of lights, expresses its deepest respect for Indian Americans and the Indian diaspora throughout the world on this significant occasion.
Congratulations to East Indians.
:D:D Happy to see that Senate recognised 5000+ Years of Indian celebration.
I hope they don't need another :( 5000years to provide for relief in Employment based GCs.
:D:D
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rockstart
03-01 08:38 PM
Hi Rocky,
Thanks for your reply
Ya I was on unpaid vacation and 2006 was my first year. I will discuss with my attorney also.
If you have your leave application copies that can help
Thanks for your reply
Ya I was on unpaid vacation and 2006 was my first year. I will discuss with my attorney also.
If you have your leave application copies that can help
more...
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coolpal
04-20 03:07 PM
I got my approval notice today, and as expected, it is approved as consular process with the Chennai consulate as the class consulate.
I hope I won't have any problems using EAD. Taking the dive now.
pal :)
I hope I won't have any problems using EAD. Taking the dive now.
pal :)
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punjabi
07-17 06:10 PM
I joined IV just a week ago as someone referred me this website. Oh! I am indeed impressed and feel great to be a part of it!
Sure, I am going to donate!! You feel like you own it after you make the donation! So, I urge every new and old member to donate today so IV can continue to fight for us!!
Punjabi :)
Sure, I am going to donate!! You feel like you own it after you make the donation! So, I urge every new and old member to donate today so IV can continue to fight for us!!
Punjabi :)
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raysaikat
05-07 11:10 AM
Thank you so much Raysaikat ! The below is the explanation for 22 C.F.R. � 62.42. Do you think it's applicable for my case ? Thanks again.
� 62.42 Transfer of program .
62.42(a)
(a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.
62.42(b)
(b) The responsible officer of the program to which the exchange visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program eligibility;
(2) Execute the Form DS-2019; and
(3) Secure the written release of the current sponsor.
62.42(c)
(c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:
(1) The exchange visitor his or her copy of the Form DS-2019; and
(2) A notification copy of such form to the Department of State.
I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.
How did you move from U. of colorado to VCU?
It may be the case that defining your proposed change as "transfer" or a "new program" is up to the discretion of the international advisor at VCU, and the first time s/he considered the move as a "transfer" and s/he is considering the new/proposed change as a "new program". It may also be the case that since you are not changing the school, s/he is not defining it as a "transfer". You need to speak with the advisor at VCU and ask to explain the reason s/he is considering the new/proposed change as a "new program" instead of a "transfer", and ask him/her to refer you to the applicable legal definition language (e.g., section number in CFR).
In any case, it is the international advisor at VCU who has to approve your paperwork; so you cannot get around him/her.
� 62.42 Transfer of program .
62.42(a)
(a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.
62.42(b)
(b) The responsible officer of the program to which the exchange visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program eligibility;
(2) Execute the Form DS-2019; and
(3) Secure the written release of the current sponsor.
62.42(c)
(c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:
(1) The exchange visitor his or her copy of the Form DS-2019; and
(2) A notification copy of such form to the Department of State.
I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.
How did you move from U. of colorado to VCU?
It may be the case that defining your proposed change as "transfer" or a "new program" is up to the discretion of the international advisor at VCU, and the first time s/he considered the move as a "transfer" and s/he is considering the new/proposed change as a "new program". It may also be the case that since you are not changing the school, s/he is not defining it as a "transfer". You need to speak with the advisor at VCU and ask to explain the reason s/he is considering the new/proposed change as a "new program" instead of a "transfer", and ask him/her to refer you to the applicable legal definition language (e.g., section number in CFR).
In any case, it is the international advisor at VCU who has to approve your paperwork; so you cannot get around him/her.
peer123
04-17 09:35 AM
In case of NOC codes you can only try to make sure you have same / similar duties , In case of parent labor you can see your Job code but not the new one. This is what i think , try to make justification on Job duties ...
my duties are very much similar and new employer is ready to give the AC21 letter as per my original labor job duties. would that be OK.
my duties are very much similar and new employer is ready to give the AC21 letter as per my original labor job duties. would that be OK.
mohitb272
12-10 06:54 PM
I was hired by my present company as a software engineer. I did development for 3 yrs and the company later moved me to a Business Analyst's role later. However, my labor application lists my job duties as s/w Engineer in a programmer's role.
Would I be able to use AC21? Do I need to find a s/w development job or can I join as BA as well? I am in a big predicament. Any help here is greatly appreciated.
Would I be able to use AC21? Do I need to find a s/w development job or can I join as BA as well? I am in a big predicament. Any help here is greatly appreciated.
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