gc_lover
06-27 08:56 AM
Could you please assign date time for every single member that they should file their application on?
Thanks a lot.
:D
Thanks a lot.
:D
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nk2006
02-13 03:27 PM
I almost missed this drive. Thanks for the reminder.
logiclife
12-28 04:50 PM
Very good point logiclife. what happens in this following scenario when 140 is approved and when 140 is pending.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
PLEASE SPEAK WITH YOUR ATTORNEY TO EXPLORE YOUR OPTIONS. Every case is unique and whatever is here on forums may not apply to everyone. I am not a lawyer and this is not legal advise.
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
Person X has completed 180 days after 485 filing, used is 6 yrs of H1 and now he got a 3 yrs of H1B from the same employer. If this person uses AC21 & EAD and joins another company and after 1 yr his 485 is rejected for wrong reasons, will this person be out of status(since used EAD) or will be in status since his H1b is still valid with the old employer (Assumed the employer has not revoked). Will it be safe to come back to the same employer.
Thanks
Sree
PLEASE SPEAK WITH YOUR ATTORNEY TO EXPLORE YOUR OPTIONS. Every case is unique and whatever is here on forums may not apply to everyone. I am not a lawyer and this is not legal advise.
I dont think that after using H1 for 6 years, you can switch to H1 status from EAD status once 485 is rejected. Now, if you have used less than 6 years of H1, and then used AC21 portability, used EAD, abandoned H1 status and continued on EAD status and if the 485 gets rejected, there may be a way to reclaim the remaining unused portion of H1. It may involve going out of country and coming back in. Check with a lawyer, I dont know much and haven seen any case where someone who was on EAD status could go back to H1 status. Usually H1 to EAD is a one-way street, especially if you have already used up the 6 years of H1 stay in country.
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yabadaba
08-01 12:03 PM
Looks like for July 2nd they just started and i talked to 5 other guys( who got receipt) - all of them has a sending time between 9 and 9:30 AM by FEDEX
Mine went around 11:30 by USPS on July 2nd - so i have to wait for at least 2weeks. 1 hr late means 1 week delay !!
Kidding - what time yours hit the USCIS building ?
mine reached at 7:55 am ...still no receipt :(
Mine went around 11:30 by USPS on July 2nd - so i have to wait for at least 2weeks. 1 hr late means 1 week delay !!
Kidding - what time yours hit the USCIS building ?
mine reached at 7:55 am ...still no receipt :(
more...
nag2007
12-05 05:38 PM
Does any body think of people who did not get a chance to file I-485 who had earlier priority date(2002-mar 2005) ?
whiteStallion
05-19 01:54 PM
Voted !
Please submit ur answer at this thread.
http://immigrationvoice.org/forum/showthread.php?p=342110#post342110
Please submit ur answer at this thread.
http://immigrationvoice.org/forum/showthread.php?p=342110#post342110
more...
kakarla
07-22 12:28 PM
EAD Renewal applied online on May19th
My Case
Got the LIN088001XXXX
FP done on 06/11
Approval Email received (card prodcution ordered) Yesterday
Spouse Case
Got the LIN088001XXXX
FP done on 06/11
Approval: Not yet
----
EB3/ India Apr2002
My Case
Got the LIN088001XXXX
FP done on 06/11
Approval Email received (card prodcution ordered) Yesterday
Spouse Case
Got the LIN088001XXXX
FP done on 06/11
Approval: Not yet
----
EB3/ India Apr2002
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ashkam
03-27 11:51 AM
"I am not replying anymore to your arguments"
That's the most sensible thing you've said today.
Also, read qasleuth's post.
That's the most sensible thing you've said today.
Also, read qasleuth's post.
more...
vivo
02-12 09:45 PM
After listening to horrible stories from fellow desi's about Desi consultant companies on how they creating troubles i have created a new site where you guys can post about both good and bad companies which could be usefull to thousands of desi's look at www.desiopinions.com this site is a place where you can freely express your opinions not only about consultant companies but also like apartments training places and many more categories ...if u guys think i am doing some kind of advertising then please ignore this post
Mods - if u feel this post inappropriate you can feel free to delete
Thanks
A fellow Desi
Mods - if u feel this post inappropriate you can feel free to delete
Thanks
A fellow Desi
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laborday
07-17 10:35 AM
The processing time is still as of June 18th... There is no july yet
Close all of your browser and start a new one. This may work.
Close all of your browser and start a new one. This may work.
more...
saimrathi
07-06 06:29 PM
I hope it being aired on 7/7/07 will bring our cases some luck..
EDIT: According to Dr. Bahrainwala, this has been bumped to 7/7/07..
Immigration Voice member Dr. Murtaza Bahrainwala, who was also quoted in the New York times article today about the July Visa bulletin fiasco and the resulting fallout from it, will be on NBC nightly news with Brian Williams tonight around 5:30 Central time.
The interview also has snippets of interview with USCIS officer as Brian Williams has interviewed USCIS over this issue also. So its a "must watch" thing.
This will be on NBC and that's good coz you dont even need cable to watch this. In your local area, the NBC channel affiliate will be broadcasting the "Nightly news" with Brian Williams.
Local times may vary depending on your local NBC affiliate. Its most likely 5:30 Central time tonight but check your local listings.
Thanks to Dr. Bahrainwala for the interview.
About NBC nightly News:
More details about NBC nightly News : http://www.msnbc.msn.com/id/3689499/
Podcasts, downloads etc: http://www.msnbc.msn.com/id/8132577/
EDIT: According to Dr. Bahrainwala, this has been bumped to 7/7/07..
Immigration Voice member Dr. Murtaza Bahrainwala, who was also quoted in the New York times article today about the July Visa bulletin fiasco and the resulting fallout from it, will be on NBC nightly news with Brian Williams tonight around 5:30 Central time.
The interview also has snippets of interview with USCIS officer as Brian Williams has interviewed USCIS over this issue also. So its a "must watch" thing.
This will be on NBC and that's good coz you dont even need cable to watch this. In your local area, the NBC channel affiliate will be broadcasting the "Nightly news" with Brian Williams.
Local times may vary depending on your local NBC affiliate. Its most likely 5:30 Central time tonight but check your local listings.
Thanks to Dr. Bahrainwala for the interview.
About NBC nightly News:
More details about NBC nightly News : http://www.msnbc.msn.com/id/3689499/
Podcasts, downloads etc: http://www.msnbc.msn.com/id/8132577/
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logiclife
12-13 03:29 PM
please give us the name of this company so that we can inform ICE and do our duty to stop fraud.
What he/she is doing is legal. Unless this offer involved payment for labor substituion, in which case its illegal. But good luck trying to prove it. Ever heard of wage kickbacks?
I understand your anger but NO ONE can stop this since its totally legal and if there is a financial transaction, no one will be able to prove it. My only hope is this guy/gal gets his/her employer to use his/her own lawyer instead of company lawyer so that he has control over his case. Otherwise, this guy/gal will be in more pathetic condition than everyone who goes thru 3-4 years of retrogression.
What he/she is doing is legal. Unless this offer involved payment for labor substituion, in which case its illegal. But good luck trying to prove it. Ever heard of wage kickbacks?
I understand your anger but NO ONE can stop this since its totally legal and if there is a financial transaction, no one will be able to prove it. My only hope is this guy/gal gets his/her employer to use his/her own lawyer instead of company lawyer so that he has control over his case. Otherwise, this guy/gal will be in more pathetic condition than everyone who goes thru 3-4 years of retrogression.
more...
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seahawks
08-10 12:41 AM
I don't care about LS. Almost all cases I know are fraud. Sometimes 2 guys got GCs on same labor(since they were not asking Original LC). Thank god USCIS banned LS.
God Bless USCIS for banning LS.
As much I understand LS has let people jump in line, it was a provision that was available for people to seek green card legally. We in IV do not differentiate on members on what methods or case scenarios they use or have used to obtain a Green Card. We need all our energies to be focussed to support IV initiatives. We need to refrain from any language that introduces confusion or division within the community. Even though "freedom of speech" or opinions are encouraged, we absolutely cannot say anything we want and get away with it in a common forum, can we?:)
God Bless USCIS for banning LS.
As much I understand LS has let people jump in line, it was a provision that was available for people to seek green card legally. We in IV do not differentiate on members on what methods or case scenarios they use or have used to obtain a Green Card. We need all our energies to be focussed to support IV initiatives. We need to refrain from any language that introduces confusion or division within the community. Even though "freedom of speech" or opinions are encouraged, we absolutely cannot say anything we want and get away with it in a common forum, can we?:)
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O'podu
07-10 10:57 AM
People who saw the program yesterday... rather than ranting here please go and post a factually correct comment on CNN. If CNN receives the same number of comments as the number of posts on this thread it will be 100 times more effective use of time.
http://www.cnn.com/feedback/forms/form5.html?76
i have used this link to express my anger and frustration.
GOD is watching !
but we cannot just not keep watching.
http://www.cnn.com/feedback/forms/form5.html?76
i have used this link to express my anger and frustration.
GOD is watching !
but we cannot just not keep watching.
more...
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looivy
07-17 12:30 AM
There is a petition to capture lost visa. If lost visas are recaptured, there will be some relief.
but even with this big announcement tomorrow, we still only have 140,000 visas and keep in mind USCIS has just been averaging about 100,000 per year. (so about 40,000 get wasted every year)
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
but even with this big announcement tomorrow, we still only have 140,000 visas and keep in mind USCIS has just been averaging about 100,000 per year. (so about 40,000 get wasted every year)
All all this does is to push the bottleneck further down the pipeline.
the only benefit I see is that it helps with filing of AP and EAD which does not help someone like me with my 485 already pending
Sorry I dont share the enthusisam
jasguil
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Roger Binny
11-26 06:55 PM
Great job, thank you IV and thank you IV core.
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ilikekilo
09-19 07:32 PM
any idea how many came to the rally?
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shree772000
05-17 12:16 PM
First of all make a complaint about the employer to the INS that he is not paying... and make decision, US is not your entire life. If you have confidence you can do anything anywhere in this small world.
We have skills and ability to make many more countries like US.... We have to beleive it....
We have skills and ability to make many more countries like US.... We have to beleive it....
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himu73
10-11 11:47 PM
My labor was filed on July 2004 and I have not received an approval yet.
I got an RFE last week stating that Employeer has to again prove the RIR status of the application.
So Lawyer has started the advertisement process again.
One important issue is over looked here. Small employers will have a tough time in proving I-140 "ability to pay" for employees with older PD�s, whose labor got cleared after Aug 17 from BEC. Cuz the company has to prove its "ability to pay" the proffered wage starting from the date PD is established continuing until the adjudication of I-140.
Suppose the PD for an employee is Oct 2001 and the proffered wage is 80K per annum, then the company should prove that its assets, net income or salary payments were >=80K starting from Oct2001 continuing until the adjudication of I-140.
This is indeed an acid test for small employers.
I got an RFE last week stating that Employeer has to again prove the RIR status of the application.
So Lawyer has started the advertisement process again.
One important issue is over looked here. Small employers will have a tough time in proving I-140 "ability to pay" for employees with older PD�s, whose labor got cleared after Aug 17 from BEC. Cuz the company has to prove its "ability to pay" the proffered wage starting from the date PD is established continuing until the adjudication of I-140.
Suppose the PD for an employee is Oct 2001 and the proffered wage is 80K per annum, then the company should prove that its assets, net income or salary payments were >=80K starting from Oct2001 continuing until the adjudication of I-140.
This is indeed an acid test for small employers.
plassey
08-23 12:11 PM
Yes sir, I do. I am suffering for 8 years now because of all these stupid USCIS rules. They think that by changing name from INS to USCIS things will change. Well, got a news for all, it is in worst shape than ever.
So far as you are concerned sir, are planning on joining us or not.
I don't think you get a sense of his problem, even though you claim you do...you are in fact beating a dead horse...I got your point regarding IV's efforts, and am not disputing that one bit, but at the same time when someone posts a valid concern/issue that they have, it doesn't hurt to have some empathy....I'm sure you wouldn't be too happy if you were in their place....
So far as you are concerned sir, are planning on joining us or not.
I don't think you get a sense of his problem, even though you claim you do...you are in fact beating a dead horse...I got your point regarding IV's efforts, and am not disputing that one bit, but at the same time when someone posts a valid concern/issue that they have, it doesn't hurt to have some empathy....I'm sure you wouldn't be too happy if you were in their place....
snathan
06-16 10:32 PM
If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school�.
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Once we get enough people and stories, we can draft letter along with these stories and send it to relevant authorities. So please spread this to other people.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school�.
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Once we get enough people and stories, we can draft letter along with these stories and send it to relevant authorities. So please spread this to other people.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
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