chehuan
01-18 03:17 PM
do you know the reason for the i140 denial? That could be very critical....its just not about what your title is ..and what you do ..its about the whole 9 yards...let us know the reason for denial
I can surely find out and let you know
Thanks to all for helping out
I am just into the process and I am not so wise with the whole thing
I can surely find out and let you know
Thanks to all for helping out
I am just into the process and I am not so wise with the whole thing
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no-tec
10-23 06:51 PM
dope!
yagw
10-31 06:43 PM
I am planning to shift employers and I have a question:
Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
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Aah_GC
10-24 07:53 PM
Thanks to all of your replies. Much appreciated.
I think you would have to fill out W7 to apply for ITIN. So, should I get my father to sign on the form right away?
I think you would have to fill out W7 to apply for ITIN. So, should I get my father to sign on the form right away?
more...
Widget
01-10 07:01 PM
I think we have better chance this time, I noticed that numbersusa.com is referring to this bill as it is only for EB cases and not for CIR or SKIL. Thnaks for the updates.
Find the link below...
http://numbersusa.com/interests/legislation_proposed110.html
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00009:@@@L&summ2=m&
I think the bill has been introduced on Jan 4th, 2007. Looks its been referred to the senate judiciary committee.
Find the link below...
http://numbersusa.com/interests/legislation_proposed110.html
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00009:@@@L&summ2=m&
I think the bill has been introduced on Jan 4th, 2007. Looks its been referred to the senate judiciary committee.
gcpool
10-08 01:25 PM
Came across the same issue and was reffered to a top immigration lawyer who advised as posted by me above
Where did you get this information from? Can you please show a source?
Where did you get this information from? Can you please show a source?
more...
vamsi_poondla
03-21 03:03 PM
My EB-3 priority date is 10/17/2004 Non-PERM. My I-140 was filed in May 2007 and is approved in Aug 2008. Meanwhile I also filed for I-485 for me and my spouse (thanks to DOS Visagate June 2007 event)
I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2. Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.
Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.
Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?
Thanks
I am also on H1B 6th year. Looking at the delay in the EB3 I am contemplating if there is any risk in filing for EB-2. Since I came into US in 2003, I moved up in the company ranks few times and am in managerial position. Am I eligible for interfiling my GC case to EB2 without losing original priority date.
Is it mandatory that I should be eligible for EB2 criteria (like 5 years experience or Post Grad Degree) as on original Priority Date for interfiling to work.
Any advice is appreciated. I will initiate it in our company. Also any potential risks and RFEs I should expect?
Thanks
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bp333
07-02 11:58 AM
Per the updated bulletin. Can we apply or not apply 485.
Also, how come they didn't know on May 15th when the moved the dates to 2003..
All of us care is EAD/AP, they can approve the GC when the visa's become available.. why cannot they just take 485s and start processing and then keep it a side until visas are available.
Also, how come they didn't know on May 15th when the moved the dates to 2003..
All of us care is EAD/AP, they can approve the GC when the visa's become available.. why cannot they just take 485s and start processing and then keep it a side until visas are available.
more...
sorcerer666
08-22 11:23 AM
I think something is missing here. How did they find out ?? Did they take you in for secondary inspection?? taxes?? If your university allows online classes, you might be able to finish your courses online and complete the required coursework(i.e. ofcourse if you dont need to finish thesis or defend project work) the university should be able to confer you a degree.... might be worth chatting with the international office.
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gccovet
04-01 01:25 PM
Please update your profile.
GCCovet
GCCovet
more...
pmamp
04-19 08:03 PM
It ought to have some impact on members of Congress.
Atleast somebody talked abut legals and their problems...Here's the link..
http://www.uschamber.com/issues/lett...sa_program.htm
=================TEXT========================
Letter on Employment-Based (EB or Green Card) and H-1B Visa Programs
April 12, 2007
TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE:
The U.S. Chamber of Commerce would like to reiterate the need to reform both the employment-based (EB or green card) and H-1B visa programs. The Chamber is the world�s largest business federation, representing more than three million businesses and organizations of every size, sector, and region.
The Chamber represents numerous companies and organizations that need to bring thousands of foreign workers and students into the United States each year. The inability of these companies to bring highly educated workers and students into the United States severely hurts their competitiveness in the global market and often leads to companies moving operations overseas. It is imperative that any comprehensive immigration reform includes changes that would allow employers in the United States to recruit and retain highly educated foreign talent and guarantee our continued global economic competitiveness and success.
The announcement last week by the U.S. Citizenship and Immigration Services (USCIS)regarding the fact that the H-1B visa cap for the FY2008 was reached on the first day applications were accepted marks the dire need for changes in the system. This is also the fourth consecutive year the H-1B cap was met before the fiscal year even starts. USCIS will now conduct a �computer-generated random selection process� to determine which of these needed workers will be excluded.
Other areas of U.S. immigration system for highly-skilled immigrants face similar daunting barriers�from years of waiting for a green card to the inability of hiring a student from a United States university as a permanent worker right after graduation. The current system is counterproductive to the country�s economic, security, and social goals. Retaining the best and the brightest foreign workers help make U.S. economy strong. These artificial barriers are forcing some companies to conduct business elsewhere, wherever they can hire the necessary talent. The Chamber strongly urges you to supports comprehensive immigration reform that would include:
Raising the EB cap and exempting specific highly skilled professionals in
sciences, arts, business, and other critical fields from the final allotted number.
Allowing foreign students who have earned advanced degrees from American
universities, as well as from foreign universities, in science, technology,
engineering, and mathematics (STEM) to be exempt from both the EB and H-1B
visa cap numbers.
Designing the H-1B visa cap numbers around a market-based annual adjustment,
rather than an arbitrary fixed number.
The creation of an entire new visa category that would allow STEM students,
studying in the United States on a student visa, to seamlessly transition to a green
card when offered a job.
The Chamber urges inclusion of these measures in a comprehensive immigration reform package. Without these provisions in a broad immigration reform package, American companies will continue to lose their competitive edge in the global economy.
On behalf of the Chamber, I thank you and look forward to working with this Congress to pass meaningful comprehensive immigration reform.
Sincerely,
R. Bruce Josten
Atleast somebody talked abut legals and their problems...Here's the link..
http://www.uschamber.com/issues/lett...sa_program.htm
=================TEXT========================
Letter on Employment-Based (EB or Green Card) and H-1B Visa Programs
April 12, 2007
TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE:
The U.S. Chamber of Commerce would like to reiterate the need to reform both the employment-based (EB or green card) and H-1B visa programs. The Chamber is the world�s largest business federation, representing more than three million businesses and organizations of every size, sector, and region.
The Chamber represents numerous companies and organizations that need to bring thousands of foreign workers and students into the United States each year. The inability of these companies to bring highly educated workers and students into the United States severely hurts their competitiveness in the global market and often leads to companies moving operations overseas. It is imperative that any comprehensive immigration reform includes changes that would allow employers in the United States to recruit and retain highly educated foreign talent and guarantee our continued global economic competitiveness and success.
The announcement last week by the U.S. Citizenship and Immigration Services (USCIS)regarding the fact that the H-1B visa cap for the FY2008 was reached on the first day applications were accepted marks the dire need for changes in the system. This is also the fourth consecutive year the H-1B cap was met before the fiscal year even starts. USCIS will now conduct a �computer-generated random selection process� to determine which of these needed workers will be excluded.
Other areas of U.S. immigration system for highly-skilled immigrants face similar daunting barriers�from years of waiting for a green card to the inability of hiring a student from a United States university as a permanent worker right after graduation. The current system is counterproductive to the country�s economic, security, and social goals. Retaining the best and the brightest foreign workers help make U.S. economy strong. These artificial barriers are forcing some companies to conduct business elsewhere, wherever they can hire the necessary talent. The Chamber strongly urges you to supports comprehensive immigration reform that would include:
Raising the EB cap and exempting specific highly skilled professionals in
sciences, arts, business, and other critical fields from the final allotted number.
Allowing foreign students who have earned advanced degrees from American
universities, as well as from foreign universities, in science, technology,
engineering, and mathematics (STEM) to be exempt from both the EB and H-1B
visa cap numbers.
Designing the H-1B visa cap numbers around a market-based annual adjustment,
rather than an arbitrary fixed number.
The creation of an entire new visa category that would allow STEM students,
studying in the United States on a student visa, to seamlessly transition to a green
card when offered a job.
The Chamber urges inclusion of these measures in a comprehensive immigration reform package. Without these provisions in a broad immigration reform package, American companies will continue to lose their competitive edge in the global economy.
On behalf of the Chamber, I thank you and look forward to working with this Congress to pass meaningful comprehensive immigration reform.
Sincerely,
R. Bruce Josten
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jamesingham
08-14 07:58 PM
Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?
Any information will be highly appreciated. TIA
Any information will be highly appreciated. TIA
more...
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Robert Kumar
02-12 02:51 PM
Why dont you consider one of attorney offices that provide free call services to IV members. That would help you as well as help IV community. May be you can consider Prashanthi Reddy or Raj at Shusterman or Siskind Law firm.
I would love to, as it will help IV community also, but unfortunately it is not very easy in a company to request change of lawyer when the lawyer is good one. I see from many comments here that the Chugh Firm is a good one. And the employer also feels the same. So what grounds can I request them change their processes which they are following for nearly 200 employees. It will be hard. Cant even ask..
I would love to, as it will help IV community also, but unfortunately it is not very easy in a company to request change of lawyer when the lawyer is good one. I see from many comments here that the Chugh Firm is a good one. And the employer also feels the same. So what grounds can I request them change their processes which they are following for nearly 200 employees. It will be hard. Cant even ask..
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logiclife
06-18 05:59 PM
yeah. still, isn't it a little "short"?!:)
I mean, having seeing some really long lists posted by other members, I'm a littlle concerned. :cool:
Dont be concerned. Over documentation is a common phenomenon and most people do it to preempt RFEs and inquiries and I dont think it works that way.
Here is what I posted on a separate thread earlier today. My lawyer too has sent me a very very short list of documents he needs. And although he is a little slow, his performance so far has been flawless ... Knock on wood.
A lot of lawyers try to preempt a possible RFE by including "AS MUCH AS POSSIBLE" documentation. 3 years of tax returns prove nothing more than what 1 year of tax return would prove.
Also, having a tax return of 2004 doesnt prove that you were in status at all times during 2004. Tax return shows total income that includes salary, bonus, deductions etc, and even Einstein cant figure out the immigration status in 2004 and whether the candidate was in good status at all times just by looking at the tax return.
Another example is color copies of visa stamp. What would a color copy prove that a mono-chrome copy would not? Wouldnt USCIS verify the legitimacy of the visa stamp by cross-referencing it with their own database?
Some lawyers send many years' tax returns, thinking that it might pre-empt the RFEs. Some lawyers send only whats neccesary. I've heard that one of the lawyers in New York doesnt even send employer's letter. That means, basically nothing from the employer. And he too gets cases approved.
Overloading the USCIS with a heavy file, sending a ton of things in addition to what they expect, may be a good strategy if you believe that it might thwart a RFE (and the delay caused by RFE). That doesnt mean it works that way. You can still get RFE and additional request for documents later.
However, sending too thick a bunch, would also make your case look like a "difficult" case. (my belief, I dont know but just common sense would indicate that thicker bigger files are complicated cases on first impression). And what that means is that it will get delayed because the CIS ombudsman report has documented that officers tend to work easy cases first (get the low hanging fruit first) and beef up their performance statistics by doing more cases in less time. Therefore, the complicated bigger cases that should be work on first, instead get worked on last. And sending USCIS last 5 years of tax returns might do exactly that. Why drown the officers in paperwork?
So think a little before sending USCIS 20 pounds of paperwork. More paperwork and overwhelming USCIS with documentation may not mean faster RFE-free processing. (Again, my belief - something to ponder about. But do what you think is right and what your lawyer tells you. I am not a lawyer).
I mean, having seeing some really long lists posted by other members, I'm a littlle concerned. :cool:
Dont be concerned. Over documentation is a common phenomenon and most people do it to preempt RFEs and inquiries and I dont think it works that way.
Here is what I posted on a separate thread earlier today. My lawyer too has sent me a very very short list of documents he needs. And although he is a little slow, his performance so far has been flawless ... Knock on wood.
A lot of lawyers try to preempt a possible RFE by including "AS MUCH AS POSSIBLE" documentation. 3 years of tax returns prove nothing more than what 1 year of tax return would prove.
Also, having a tax return of 2004 doesnt prove that you were in status at all times during 2004. Tax return shows total income that includes salary, bonus, deductions etc, and even Einstein cant figure out the immigration status in 2004 and whether the candidate was in good status at all times just by looking at the tax return.
Another example is color copies of visa stamp. What would a color copy prove that a mono-chrome copy would not? Wouldnt USCIS verify the legitimacy of the visa stamp by cross-referencing it with their own database?
Some lawyers send many years' tax returns, thinking that it might pre-empt the RFEs. Some lawyers send only whats neccesary. I've heard that one of the lawyers in New York doesnt even send employer's letter. That means, basically nothing from the employer. And he too gets cases approved.
Overloading the USCIS with a heavy file, sending a ton of things in addition to what they expect, may be a good strategy if you believe that it might thwart a RFE (and the delay caused by RFE). That doesnt mean it works that way. You can still get RFE and additional request for documents later.
However, sending too thick a bunch, would also make your case look like a "difficult" case. (my belief, I dont know but just common sense would indicate that thicker bigger files are complicated cases on first impression). And what that means is that it will get delayed because the CIS ombudsman report has documented that officers tend to work easy cases first (get the low hanging fruit first) and beef up their performance statistics by doing more cases in less time. Therefore, the complicated bigger cases that should be work on first, instead get worked on last. And sending USCIS last 5 years of tax returns might do exactly that. Why drown the officers in paperwork?
So think a little before sending USCIS 20 pounds of paperwork. More paperwork and overwhelming USCIS with documentation may not mean faster RFE-free processing. (Again, my belief - something to ponder about. But do what you think is right and what your lawyer tells you. I am not a lawyer).
more...
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satishku_2000
08-04 11:52 PM
Unless you want to get ready for boilerplate RFEs on the 140 dont go for premium processing. They just issue RFEs to make sure that case is "processed".
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gc_relief
04-27 03:09 PM
Guys..I'm sorry ..I'm mixing up things,,Here are the accurate details..
Labour Priority date is Nov'20 2007
My I-140 receipt date is Feb'20 2008..
My I-140 Approve date is Sep'24 2008
My 6 years H-1 will be completed by Jan'2010..but still my H-1 was denied..
Labour Priority date is Nov'20 2007
My I-140 receipt date is Feb'20 2008..
My I-140 Approve date is Sep'24 2008
My 6 years H-1 will be completed by Jan'2010..but still my H-1 was denied..
more...
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vivache
10-04 03:21 PM
Question.
When I check the website I see this Step 4:
Does this mean that I first need to pass the documents to the application centre and only then after 3 days can I go to the embassy?
Can't I just get the date and go to the embassy direct?
Thanks
Vivek
Step 4: You are then required to submit your forms with one recent photograph and documents as per the checklist to any of the application centres in Mumbai, Pune or Ahmedabad.
Please note: If you are submitting your forms to our application centre in Mumbai you must submit at least 3 working days in advance. E.g.: If your interview is scheduled for a Friday, you must submit your documents latest by the preceding Tuesday, provided all days in between are working days. If you are submitting your forms to our application centres in Ahmedabad or Pune, you must do so at least 4 working days in advance. E.g.: If your interview is scheduled for Friday, you must submit your documents latest by the preceding Monday provided all days in between are working days. It is recommended that you forward your documents to us immediately after scheduling an interview.
When I check the website I see this Step 4:
Does this mean that I first need to pass the documents to the application centre and only then after 3 days can I go to the embassy?
Can't I just get the date and go to the embassy direct?
Thanks
Vivek
Step 4: You are then required to submit your forms with one recent photograph and documents as per the checklist to any of the application centres in Mumbai, Pune or Ahmedabad.
Please note: If you are submitting your forms to our application centre in Mumbai you must submit at least 3 working days in advance. E.g.: If your interview is scheduled for a Friday, you must submit your documents latest by the preceding Tuesday, provided all days in between are working days. If you are submitting your forms to our application centres in Ahmedabad or Pune, you must do so at least 4 working days in advance. E.g.: If your interview is scheduled for Friday, you must submit your documents latest by the preceding Monday provided all days in between are working days. It is recommended that you forward your documents to us immediately after scheduling an interview.
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logiclife
02-09 06:10 PM
This is a blog. Its not a credible source of information.
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msgoud
03-08 03:29 PM
thanks all for suggestions
His company is filing for LCA today and will see where it takes
His company is filing for LCA today and will see where it takes
vivache
11-08 01:28 PM
well .. my priority date is July 2002 .. nd there are 14k eb3 visas wordwide .. until this date.
I agree it is 7%.
Either ways .. out of teh annual 119k visas available .. wouldn't 30% .. 40k be available for Eb3?
In that case .. why is the priority date July 02 ..w hich only accounts for 14k visas .. and not dec 03 .. which would account for 40k visas?
I agree it is 7%.
Either ways .. out of teh annual 119k visas available .. wouldn't 30% .. 40k be available for Eb3?
In that case .. why is the priority date July 02 ..w hich only accounts for 14k visas .. and not dec 03 .. which would account for 40k visas?
CaveMan232
10-22 12:50 AM
How long would this whole process take by the time 140 is approved?
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