green_card_curious
03-08 01:04 PM
Thanks Hopefulgc. What is AFAIK?
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desi3933
06-21 05:21 PM
I have Old EB3 Labor and I-140 approved with PD 2003. I changed my employer and ready to file I-140, would like to port the PD from my old I-140. Could you tell me what steps I need to take care so that porting will be done by USCIS. Job Titles do not match, however description and salary are same.
Thanking you in advance.
You need to have 2 (or more) approved I-140s for Priority Date transfer.
Job Title, Description and Salary do NOT matter.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
Thanking you in advance.
You need to have 2 (or more) approved I-140s for Priority Date transfer.
Job Title, Description and Salary do NOT matter.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
coolngood4u80
04-15 10:50 AM
Hi All,
There are lots of people on the Face book who are getting affected by 221G for H1B/H14. Target those people individually and convince them to join us. Contact the members individually. Every member should convince at least 10 new members...we cannot afford to lose this. We will arrange for conf. call in the coming days�
I can get four people for the call who are in the same boat
There are lots of people on the Face book who are getting affected by 221G for H1B/H14. Target those people individually and convince them to join us. Contact the members individually. Every member should convince at least 10 new members...we cannot afford to lose this. We will arrange for conf. call in the coming days�
I can get four people for the call who are in the same boat
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deekay
06-21 11:21 AM
I came back to US on Mar 30 2008 using advance parole. The officer wrote on I-94 , paroled until Mar 29, 2008 (I am assuming its an oversight).
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009
Thanks
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009
Thanks
more...
patelkirti
04-17 08:55 AM
Hi All,
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
mihird
05-17 07:10 PM
My company paid for it, but I did get to see the break up of the charges...I think, PERM is pretty complicated to file...
more...
martinvisalaw
02-23 06:10 PM
so assuming all goes well i would be protected from deportation from the time of filing until decisions are made?
No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.
The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.
I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________
No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.
The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.
I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
__________________
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needhelp!
03-16 02:50 PM
I got this letter from USCIS last week, but wasn't aware of this action item. I hope it's not too late.
Thnaks!
Please fax/email if any of you get the responses.
Thnaks!
Please fax/email if any of you get the responses.
more...
delax
08-06 11:59 AM
It is EB2, labor approval date is my PD - No idea, why profile does not show up.
Wow! Another 2006 approval. Congrats!
Wow! Another 2006 approval. Congrats!
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bazuka6
10-20 09:14 PM
I seriously think IV should take specific instances of past delays due to FBI checks and USCIS delays and highlight these.. A letter campaign supporting Mayorkas should be sent to senatiors.
Letter must specifically highlight how Grassley's allegations are unfounded (based on his history) and how Mayorkas has increased transparency within USCIS and helped legitimate aliens get their immigration benefits in a timely fashion instead of perpetuating bureaucratic delays
Letter must specifically highlight how Grassley's allegations are unfounded (based on his history) and how Mayorkas has increased transparency within USCIS and helped legitimate aliens get their immigration benefits in a timely fashion instead of perpetuating bureaucratic delays
more...
san3297
11-09 08:05 PM
I filled for H1 for my wife through a company. We received an RFE requesting for original degree certificates along with some other docs. My concern is do i need to send all the orginal certificates of her or just transcripts attested by registrar is fine. If i send originals how are they going to send me back. Please let me if anyone was in this scenario before. This is first time filling of the H1 Petition. I am including the original rfe text related to the certificates.
College/University Transcripts: Submit an original of the beneficiary's college/ university transcripts. Include all courses taken toward the degree.The transcripts must be signed and dated by the person in charge of the records. Additionally both sides of the sealed flap on the outside of the college of universitys envelope must be signed and dated by the person incharge of the records.
Original Documents: Provide the original degree and transcripts the beneficiary receive from Jawarlal Nehru Technological University. Do not send additional photocopies. Do not send an origianl document different than the one from which the photocopies were obtained.
College/University Transcripts: Submit an original of the beneficiary's college/ university transcripts. Include all courses taken toward the degree.The transcripts must be signed and dated by the person in charge of the records. Additionally both sides of the sealed flap on the outside of the college of universitys envelope must be signed and dated by the person incharge of the records.
Original Documents: Provide the original degree and transcripts the beneficiary receive from Jawarlal Nehru Technological University. Do not send additional photocopies. Do not send an origianl document different than the one from which the photocopies were obtained.
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Thiru
09-22 08:51 PM
My AP was approved on Sep2. Still awaiting the AP in mail.
Which Service Center TSC or NSC????
Which Service Center TSC or NSC????
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jsb
03-25 03:47 PM
Give us some relief during the period of recession and make some rules for H1B guys to stay legal and claim unemployment benifits
1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
2. Don't send RFE to those in EAD during the this time of recession.
I don't know if these points are written as a joke. Technically H1B's are guest workers. If there is no work, they need not be here. "...Don't send RFE to those on EAD...", seems to tell don't do your job of checking whatever you are supposed to check before admitting a new immigrant.
Best thing is do nothing, just wait and hope for the best. Any actions are not likely to favour immigration or speedup GC granting, as these are not favoured in difficult economic times.
1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
2. Don't send RFE to those in EAD during the this time of recession.
I don't know if these points are written as a joke. Technically H1B's are guest workers. If there is no work, they need not be here. "...Don't send RFE to those on EAD...", seems to tell don't do your job of checking whatever you are supposed to check before admitting a new immigrant.
Best thing is do nothing, just wait and hope for the best. Any actions are not likely to favour immigration or speedup GC granting, as these are not favoured in difficult economic times.
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forever_waiting
03-06 10:44 PM
Deadline added to this initiative to decide whether to proceed or not.
please see post below for details.
http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here-104.html#post2412248
Since this is a brand new initiation why don't we make a fresh thread for it? Right now this thread is so full of bumps that many may not actually read this message.
Also, should we at some point agree on what letter must be written?
[QUote = ashwin_27]
As suggested by several members on this thread, IV has set a goal of April 30th, 2011 to determine if there is even enough appetite within the EB community to proceed with this USCIS Admin Fix initiative or not.
As we know the initial goal was to use this survey to determine how many members will be benefitted by I-485 filing without current priority date. Rough calculations using PERM data showed that at least 50-70K folks are waiting to file I-485 since July 2007 (around 5K-6K out of this number are those with PDs prior to June/July 2007 missed the July 2007 boat).
So far we have had around 1200 such members respond. We need to see support of at least 5000 members in order for IV to launch the public action items. These action items include, but are not limited to, writing en-masse (i.e. in thousands) over 2-3 weeks to several concerned departments about the need for this USCIS administrative fix. Few other very interesting proposals/ideas are also being considered. All we need is our folks to BELIEVE that this initiative is worth investing in.
The IV forum is the best place for the impacted EB community to gather and that is why the number of votes on the survey is a great indication of our frustration and motivation to work with IV for this important admin fix.
So, we now have a Deadline and an Objective. It is up to our impacted members to decide on whether to still stick to silly excuses (why should I become a member, why should i vote on survey etc etc.) or DO something about getting this admin fix. It is surprising that we are not more desperate for this fix and are not convincing and pushing IV harder and harder to start working with USCIS to allow I485 filing with current PD (and all the benefits like EAD, AP that go with it).
Are we more comfortable with the alternative - Waiting endelesslly to file I-485 (at least 2-5 years for post July 2007 folks from any category), keep depending on H1B extensions in an uncertain immigration scenario where H1B RFE's, rejections, visa denials due to "admin processing" etc are on a steep rise? The choice is ours to make.
As a final reminder - please act and convince your friends/colleagues to participate in this initiative and send ivcoordinator@gmail.com the details requested below.
Please keep following and participating on this thread to show your desperation for this fix.
please see post below for details.
http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here-104.html#post2412248
Since this is a brand new initiation why don't we make a fresh thread for it? Right now this thread is so full of bumps that many may not actually read this message.
Also, should we at some point agree on what letter must be written?
[QUote = ashwin_27]
As suggested by several members on this thread, IV has set a goal of April 30th, 2011 to determine if there is even enough appetite within the EB community to proceed with this USCIS Admin Fix initiative or not.
As we know the initial goal was to use this survey to determine how many members will be benefitted by I-485 filing without current priority date. Rough calculations using PERM data showed that at least 50-70K folks are waiting to file I-485 since July 2007 (around 5K-6K out of this number are those with PDs prior to June/July 2007 missed the July 2007 boat).
So far we have had around 1200 such members respond. We need to see support of at least 5000 members in order for IV to launch the public action items. These action items include, but are not limited to, writing en-masse (i.e. in thousands) over 2-3 weeks to several concerned departments about the need for this USCIS administrative fix. Few other very interesting proposals/ideas are also being considered. All we need is our folks to BELIEVE that this initiative is worth investing in.
The IV forum is the best place for the impacted EB community to gather and that is why the number of votes on the survey is a great indication of our frustration and motivation to work with IV for this important admin fix.
So, we now have a Deadline and an Objective. It is up to our impacted members to decide on whether to still stick to silly excuses (why should I become a member, why should i vote on survey etc etc.) or DO something about getting this admin fix. It is surprising that we are not more desperate for this fix and are not convincing and pushing IV harder and harder to start working with USCIS to allow I485 filing with current PD (and all the benefits like EAD, AP that go with it).
Are we more comfortable with the alternative - Waiting endelesslly to file I-485 (at least 2-5 years for post July 2007 folks from any category), keep depending on H1B extensions in an uncertain immigration scenario where H1B RFE's, rejections, visa denials due to "admin processing" etc are on a steep rise? The choice is ours to make.
As a final reminder - please act and convince your friends/colleagues to participate in this initiative and send ivcoordinator@gmail.com the details requested below.
Please keep following and participating on this thread to show your desperation for this fix.
more...
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raju6855
02-06 09:49 AM
What number do you call?
Thx
Thx
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hebron
06-21 10:58 AM
Hi Guys,
Have a question about porting from EB3 to EB2 suing the experience I gained from my current employer. Can I fall back to my existing EB3 application if I file EB2 labor and I-140 and these get denied? Please suggest and I am also not sure if the requirement that job descriptions have to be 50% different cam be met. Software Engineer and Principal software engineer jobs have same SOC and DOT codes.
Job description when I was hired: (software engineer): Understand client requirements, design, document and develop object-oriented software solutions; debugging and code review, unit tetsing code for all logic and flow, participates in the test review thorugh test review and analysis. Experience require 2-4 years.
My current job description: (Principal Software engineer): Designs, modifies, develops, writes and implements software programming applications. Coordinates work teams - Provides technical support to project team members and co-ordinate with technical team and Quality assurance team. Provide consultation and expertise in a variety of the field's concepts, practices, and procedures on complex projects. Extensive experience and judgment required to plan and accomplish goals. Experience required is 8-10 years.
Have a question about porting from EB3 to EB2 suing the experience I gained from my current employer. Can I fall back to my existing EB3 application if I file EB2 labor and I-140 and these get denied? Please suggest and I am also not sure if the requirement that job descriptions have to be 50% different cam be met. Software Engineer and Principal software engineer jobs have same SOC and DOT codes.
Job description when I was hired: (software engineer): Understand client requirements, design, document and develop object-oriented software solutions; debugging and code review, unit tetsing code for all logic and flow, participates in the test review thorugh test review and analysis. Experience require 2-4 years.
My current job description: (Principal Software engineer): Designs, modifies, develops, writes and implements software programming applications. Coordinates work teams - Provides technical support to project team members and co-ordinate with technical team and Quality assurance team. Provide consultation and expertise in a variety of the field's concepts, practices, and procedures on complex projects. Extensive experience and judgment required to plan and accomplish goals. Experience required is 8-10 years.
more...
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skd
06-03 02:48 AM
This came up to my mind : In senate there was voting on whether to bring immigration bill or not on to table , voting is around 60+ - 30+ , now these 30+ are sure they are going to reject it atleast with 90% confidence. we need to target the remaining 60 more compared to 30 who are already against to senate bill. This is very imp i dont know how to gather those details any help please ?
I agree with bigboy007 that we should only focus on INTRESTED senators/congressman
I agree with bigboy007 that we should only focus on INTRESTED senators/congressman
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renupond
10-05 03:43 PM
Thanks for the giving link for reply. so I understand that she can work & start her own company to work as independent consultant.
Now I am curious to know..about move from H1 to EAD for her.
can she move from H1 to EAD immediately?
what are pros & cons by moving from h1 to EAD. As she already hv her SSN because of H1. do we need to inform about ead to SSN office? Also what kind of company she can have on EAD (corp,LLC)?
what is the procedure to hv own company? Steps to follow for Independent contracting? Taxes for independent contract earnings?
Also what if after a move she stopped independent contracting? two scenarios may be either join another company as employee or if she stopped working. in that case do we need to close the company?
Once she have her own company then she will work thru that company corp-to-corp or 1099??
Sorry...so many series of questions...but since this area is new.
appreciate your help.
Thanks in advance.
Now I am curious to know..about move from H1 to EAD for her.
can she move from H1 to EAD immediately?
what are pros & cons by moving from h1 to EAD. As she already hv her SSN because of H1. do we need to inform about ead to SSN office? Also what kind of company she can have on EAD (corp,LLC)?
what is the procedure to hv own company? Steps to follow for Independent contracting? Taxes for independent contract earnings?
Also what if after a move she stopped independent contracting? two scenarios may be either join another company as employee or if she stopped working. in that case do we need to close the company?
Once she have her own company then she will work thru that company corp-to-corp or 1099??
Sorry...so many series of questions...but since this area is new.
appreciate your help.
Thanks in advance.
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eb3retro
10-20 06:41 PM
1. What's been done I'm fully aware of and I'm NOT asking to confirm the current state of this.
2. It is perfectly normal to ask what is done in this case? And if anybody had experience with that? and If anybody is aware of any appeal processes/clauses that will shield a person who fell out of status from the 10 year bar.
3. Believe me for me it is a hard situation which I'm trying to get a clue how to deal with.
i am really surprised that you are here asking these questions again and again even after many people telling that we do not support illegal activities. I am not sure which part of it you dont understand. IF you are expecting sympathy for your illegal activities, you have come to the wrong place my friend. Please re-read above answers from other members telling you to contact a lawyer. Reason you are in a hard situation now is because you have taken some wrong steps in the past knowingly or unknowingly. So, please do not expect any short cut solutions for your problems here or for that matter anywhere else. That will only land you in more trouble.
2. It is perfectly normal to ask what is done in this case? And if anybody had experience with that? and If anybody is aware of any appeal processes/clauses that will shield a person who fell out of status from the 10 year bar.
3. Believe me for me it is a hard situation which I'm trying to get a clue how to deal with.
i am really surprised that you are here asking these questions again and again even after many people telling that we do not support illegal activities. I am not sure which part of it you dont understand. IF you are expecting sympathy for your illegal activities, you have come to the wrong place my friend. Please re-read above answers from other members telling you to contact a lawyer. Reason you are in a hard situation now is because you have taken some wrong steps in the past knowingly or unknowingly. So, please do not expect any short cut solutions for your problems here or for that matter anywhere else. That will only land you in more trouble.
felix31
01-16 10:43 PM
Hello,
To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.
slc_ut
I dont get it...
What is the significance of birth certificate?
I only had to send in notarized passport copy to get ITIN. For foreign nationals, passport is more than enough.
To issue an Individual Taxpayer Identification Number (ITIN) for an H4 visa holder, the local IRS office is asking Indian passport and Indian birth certificate. It is difficult to get birth certificate in India because the birth was never registered. Is it OK to submit the affidavit given by parents (the kind usually used for immigration needs), instead of the birth certificate, to get the ITIN number. If anyone got their ITIN number by using such affidavit given by parents, please post your reply. Thanks in advance.
slc_ut
I dont get it...
What is the significance of birth certificate?
I only had to send in notarized passport copy to get ITIN. For foreign nationals, passport is more than enough.
cmhasan
07-07 02:44 PM
Thank you Ms Martin, the information you provided is very helpful. I have similar situation: I am citizen now, we got married 4 years back that time I was permanent resident and my wife�s application was processing on employment based and still pending. She is on EAD now, not on H1 any more. One quick question when we file a new family based immigration we need to provide the information about the current employment based application since there is question in I-485 like:
Have you ever applied for permanent resident status in the U.S.? If yes give date, place of filing and final disposition.
What to answer? Surely you have to give reference to the existing application, so will it not be an issue? Will INS reject the application?
Have you ever applied for permanent resident status in the U.S.? If yes give date, place of filing and final disposition.
What to answer? Surely you have to give reference to the existing application, so will it not be an issue? Will INS reject the application?
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