usirit
01-28 01:33 PM
It's amazing the time and energy spent (wasted?) with Sen. Mike Delph illegal-worker bill. Would it be the same for an improved Legal Immigrants system? :rolleyes: I guess not because we are already paying taxes, but unfortunately for us we are stuck in this overkill and non-sense process. My LC (EB3) for instance is waiting to be certified by Chicago DOL since 08/06/07, it got audited in 12/05/07, DENIED on 12/21/07, appealed, and then moved back to "In Process" in 01/10/08. My wife and 3 kids are stuck with their H-4 status while I am an H1-B. Meanwhile, around $20K has been paid between immigration and legal/attorney's fees.
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
Isn't funny when lawmakers or lack of knowledge people says why you didn't just went Legal? :mad: Regardless the money required to invested in this process, there is so much to know to submit applications that only thru an attorney it's possible; and even having one of the "Best Ones" in your side is not a guarantee.
I'll need to say that I agree and support a fine to employers using illegal workers but this won't stop the immigration to this country; a re-design immigration system with reasonable time and fees as well as clear goals and incentives will definitely improve and solve immigration issues. :)
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nocomment
09-21 08:14 PM
GC wont put you in any better position. You are basically hiding, the day the interpol comes after you, they dont care you have a GC you will be arrested and deported.They can have your address and knock on your door anytime.
You might get away with everything and get a green card. I hope you did not do anything wrong.
All the best
You might get away with everything and get a green card. I hope you did not do anything wrong.
All the best
ags123
08-29 09:33 AM
thanks for your post. Ya its my sister's wedding. I had decided to go until this H1 revocation email came. I has seen some cases on IV a while ago where people got the H1 revocation email and I-485 denied without NOID/RFE. If this happens when I am in India I am screwed.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.
I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.
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meghanap2000
11-04 02:02 PM
Hello gurus,
3 Years back, before applying my 485 and my labor was pending status, i came to know that the need of birth certificate at I485 stage and I asked the records from the local panchayat and they could not find out any records on my name. Then filed the complaint in the court by providing the my passport, mark statements. After many weeks, the court ordered to provide me the birth certificate with the delayed registration 3 years back that is only on 2007. Now i have the birth certificate with the delayed registration, Now in this situvation, is it possible to go to the municipality to ask them the non-availability certificate ?
Thanks
Devan
HI Devan,
I was in same situation as yours. I also got my birth registered just 3 years back and submitted to USCIS along with 3 affidavits from elders who presented at the time of birth. Basically noterized copies on indian stamp paper and submit to USCIS along with your latest birth certificate. No need to provide Non availability certificate. This is what I did. My GC got approved. Consult your attorney ..they will give more information.
3 Years back, before applying my 485 and my labor was pending status, i came to know that the need of birth certificate at I485 stage and I asked the records from the local panchayat and they could not find out any records on my name. Then filed the complaint in the court by providing the my passport, mark statements. After many weeks, the court ordered to provide me the birth certificate with the delayed registration 3 years back that is only on 2007. Now i have the birth certificate with the delayed registration, Now in this situvation, is it possible to go to the municipality to ask them the non-availability certificate ?
Thanks
Devan
HI Devan,
I was in same situation as yours. I also got my birth registered just 3 years back and submitted to USCIS along with 3 affidavits from elders who presented at the time of birth. Basically noterized copies on indian stamp paper and submit to USCIS along with your latest birth certificate. No need to provide Non availability certificate. This is what I did. My GC got approved. Consult your attorney ..they will give more information.
more...
jasmin45
08-02 04:18 PM
I work as a consultant for one of the big 5 firms implementing SAP applications. What is the job code referenced for this job? I want to know the job category it falls under as per the Dictionary of Occupation Title or the O*Net published by DOL. My company did not provide me this information but any help will be greatly appreciated.
Thanks everyone in advance,
Madhavi
You have no other way to get this information other than your employer or attorney who filed your case. If your case was filed under PERM process then I remember, few months back I saw an access database floating around in a forum which had the information on companies who filed LC for which position during end of 2005-2006 period. Rightly it did not have any information on candidates. I cannot remember where did I find it.
We can all speculate what it would be but not sure. We also do not know why do you need this info and what is your current status with regard to GC...
Thanks everyone in advance,
Madhavi
You have no other way to get this information other than your employer or attorney who filed your case. If your case was filed under PERM process then I remember, few months back I saw an access database floating around in a forum which had the information on companies who filed LC for which position during end of 2005-2006 period. Rightly it did not have any information on candidates. I cannot remember where did I find it.
We can all speculate what it would be but not sure. We also do not know why do you need this info and what is your current status with regard to GC...
mrajatish
03-26 10:25 AM
How about a monthly membership of 5-10 dollars - that will be a recurring earning for IV, and as membership base grows, this can be the sustaining force.
Remember even if Specter or Frist bill passes with some of our amendments, there are still are ton of issues to deal with e.g.,
1. BEC backlog
2. Name Check
Remember even if Specter or Frist bill passes with some of our amendments, there are still are ton of issues to deal with e.g.,
1. BEC backlog
2. Name Check
more...
9411b
12-04 03:28 PM
Our 140/485 filed with NSC, then moved to CSC for receipting, got WAC receipt #, then moved th TSC, pending since July 2007.
RD=7/23/07
Notice Dae =9/19/07
on 9/20/07, all cases moved to TSC. Nothing happened even withourt LUD.
FP notice received and done in January 2008.
Yes, we need to do something to help us.
JJ
RD=7/23/07
Notice Dae =9/19/07
on 9/20/07, all cases moved to TSC. Nothing happened even withourt LUD.
FP notice received and done in January 2008.
Yes, we need to do something to help us.
JJ
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bbenhill
10-12 06:26 PM
Hi, I have another question regarding I-94. My last I-94 is from H1B approval, the previous I-94 was from airport (and expired as well, issued : 2006).
Today, I got answer from my attorney office that I will need to surrender my previous I94 (from airport not from H1B approval).
I found this confusing, here are the questions :
1. what happened if I surrender airport I-94 ? will USCIS assume I am out ouf status for a couple of years ?
2. which one that I need to surrender ? is it from airport or H1B approval ?
Please advice ... I am really confuse with this immigration things ..
Regards,
You need to always hand over your I94; whether it is expired or not. When you re-enter into this country you will be issued I94 based on either your h1b or AP or what ever visa you might have that is effective at the time ...
Today, I got answer from my attorney office that I will need to surrender my previous I94 (from airport not from H1B approval).
I found this confusing, here are the questions :
1. what happened if I surrender airport I-94 ? will USCIS assume I am out ouf status for a couple of years ?
2. which one that I need to surrender ? is it from airport or H1B approval ?
Please advice ... I am really confuse with this immigration things ..
Regards,
You need to always hand over your I94; whether it is expired or not. When you re-enter into this country you will be issued I94 based on either your h1b or AP or what ever visa you might have that is effective at the time ...
more...
inskrish
04-18 09:42 PM
Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.
Hi,
Sure. I can post the details in a couple of days once I have obtained all necessary information about my denial notice.
Hi,
Sure. I can post the details in a couple of days once I have obtained all necessary information about my denial notice.
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dearscorpius
11-27 01:00 AM
My situation:
I've been given offers by two companies, A and B.
I am currently under my F1 student visa, OPT status, my OPT started at July 2010.
Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.
Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.
My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.
I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!
I've been given offers by two companies, A and B.
I am currently under my F1 student visa, OPT status, my OPT started at July 2010.
Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.
Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.
My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.
I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!
more...
Sakthisagar
05-19 10:40 AM
No offence here.
There might be some Education evaluation when You first came to US, use that evaluation here too.
I have a question regarding this (no offense here, may be my ignorence)
for H1B. the minimum qualification asked for is Bachelors Degree and expereince. How come you entered US without a Bachelors from india.
There might be some Education evaluation when You first came to US, use that evaluation here too.
I have a question regarding this (no offense here, may be my ignorence)
for H1B. the minimum qualification asked for is Bachelors Degree and expereince. How come you entered US without a Bachelors from india.
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ivar
01-21 04:23 PM
WITHDRAWAL
Question: How can a pending application filed under PERM be withdrawn?
If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.
If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.
Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?
No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.
Source: http://usavisanow.com/perm-faq-4.html
(I think the same rule should apply for PERM and appealed case)
EDIT: Sorry the following information seems to suggest otherwise.
http://www.visapro.com/Immigration-News/?a=377&z=12
Sathweb,
Thank you for your reply. I just checked the links you have provided and i understand that i need to wait for DOL to first withdraw my PERM application before filing a new perm. I am not sure how long i have to wait and its frustrating. I was just checking if some one is there in the same boat as me. I have been on and off this green card train through out my stay in US.
Applied for 1st PERM in Mar2006
Got my PERM approved in Nov 2006
Quit my first employer (DESI) for all the troubles he was giving me inspite of having my labour approved.
Joined new company in Mar07
Than followed the July 07 fiasco and missed my bus
New employer filed for PERM in JUN/JUL 07
Got Audit, Sent Audit reply, Got Denied
Re appealed against my wishes.
Ran all the ad campaign and GC process again.
AFter all this now waiting for earlier PERM TO be withdrawn..
Folks, everybody here on this forums have a painful Green card story. Some are lucky but most of us are not. I have read on IV forums that people are waiting for 8,9 years still to get there GC so i totally understand. The worst part is i missed the July 07 fiasco.
Question: How can a pending application filed under PERM be withdrawn?
If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.
If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.
Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?
No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.
Source: http://usavisanow.com/perm-faq-4.html
(I think the same rule should apply for PERM and appealed case)
EDIT: Sorry the following information seems to suggest otherwise.
http://www.visapro.com/Immigration-News/?a=377&z=12
Sathweb,
Thank you for your reply. I just checked the links you have provided and i understand that i need to wait for DOL to first withdraw my PERM application before filing a new perm. I am not sure how long i have to wait and its frustrating. I was just checking if some one is there in the same boat as me. I have been on and off this green card train through out my stay in US.
Applied for 1st PERM in Mar2006
Got my PERM approved in Nov 2006
Quit my first employer (DESI) for all the troubles he was giving me inspite of having my labour approved.
Joined new company in Mar07
Than followed the July 07 fiasco and missed my bus
New employer filed for PERM in JUN/JUL 07
Got Audit, Sent Audit reply, Got Denied
Re appealed against my wishes.
Ran all the ad campaign and GC process again.
AFter all this now waiting for earlier PERM TO be withdrawn..
Folks, everybody here on this forums have a painful Green card story. Some are lucky but most of us are not. I have read on IV forums that people are waiting for 8,9 years still to get there GC so i totally understand. The worst part is i missed the July 07 fiasco.
more...
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gc28262
03-09 11:41 AM
incorrect thought.
I-9 is a Employment Eligibility Verification form that stays with the Employer.
She is considered to be on an AOS status. nothing to be done.
This is my understanding.
when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.
How will USCIS know that the beneficiary has switched out of H1 status ?
I-9 is a Employment Eligibility Verification form that stays with the Employer.
She is considered to be on an AOS status. nothing to be done.
This is my understanding.
when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.
How will USCIS know that the beneficiary has switched out of H1 status ?
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Raynstorm
08-09 05:37 AM
Hi David,
a bit of the record, but your link to the site reminds me a bit of this early '90ies computergame "Indiana Jones" (some adventure which was lots of fun back in the dayz). It was one of the puzzles.
Nice though!
Rayn
a bit of the record, but your link to the site reminds me a bit of this early '90ies computergame "Indiana Jones" (some adventure which was lots of fun back in the dayz). It was one of the puzzles.
Nice though!
Rayn
more...
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snathan
02-15 12:56 PM
And when OP INQUIRED you stretched it to INVOLVED ? I mean , I know both starts with IN :) but INQUIRE and INVOLVE has entirely different meaning.
OP Inquired about the process does not mean that he is Involved in the process.
You didnt read his other posts where he was asking about the job ads....
OP Inquired about the process does not mean that he is Involved in the process.
You didnt read his other posts where he was asking about the job ads....
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ngopalak
05-22 08:39 AM
Sounds like a great positive move with Patton Boggs
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svn
05-10 05:34 PM
Thanks for your reply Eternal_hope! Unfortunately, "Other" is not an option listed. At this stage, I am not really counting on things working out here - have already started making plans to R2I (which is why I am looking to open a IRA account that can be managed online). It's been a long wait and quite frankly, I am tired of living in a constant state of uncertainty, even though I will definitely miss certain aspects of life in USA having been here for almost twelve years now...
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redViper
04-28 08:44 AM
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amsgc
01-12 06:27 PM
Can the period for which PD was not current be taken into account while counting the wait period?
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?
Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?
rpat1968
07-15 08:13 PM
After contacting USCIS through Ombudsman & Senaor John Cornyn office I finally got email from Uscis telling me that I am in EB3 and they mistakenly sent me EB2 approval. After this they sent me an amended EB3 approval. Also the immigration officer who worked on my case called me an explained me what exactly happened.
He said that my attorney sent an letter with mi 140 approval saying that if they cannot approve me in EB2 they can consider me In EB3. Which is exactly what they did.but since the application had EB2 their contractor who generates the approval generated an EB2 approval. In Uscis system I was in EB3 and all alone I was thinking that I was in EB2. So i got royally screwed. The only now per immigration officer is for me to restart the gc process from labour stage and recapture the July 2004 pd. I got so sick of this I just stopped worrying about this and currently on Ead. Bought a house and will wait and see how things go. May reapply for labour ....
He said that my attorney sent an letter with mi 140 approval saying that if they cannot approve me in EB2 they can consider me In EB3. Which is exactly what they did.but since the application had EB2 their contractor who generates the approval generated an EB2 approval. In Uscis system I was in EB3 and all alone I was thinking that I was in EB2. So i got royally screwed. The only now per immigration officer is for me to restart the gc process from labour stage and recapture the July 2004 pd. I got so sick of this I just stopped worrying about this and currently on Ead. Bought a house and will wait and see how things go. May reapply for labour ....
waitin_toolong
07-26 12:30 PM
yes after July 30th the fee goes up
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