milind70
07-26 09:39 AM
My attorney tells me they don't give employees copies of labor applications.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
Labor and 140 is property of the employer, most of the cases it is not provided to the employee. And yes thats pretty normal.
But if your employer instructs the attorney he can share the copies of the same with you.
Is this normal? Would I need it in future - if I switch jobs 180 days after 485 etc?
Labor and 140 is property of the employer, most of the cases it is not provided to the employee. And yes thats pretty normal.
But if your employer instructs the attorney he can share the copies of the same with you.
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BharatPremi
03-13 11:25 AM
Name check is not an issue, the IO told me that name check is started soon after receipt of application, and 180 days have passed. There is a new rule that name check cannot delay I485 by more than 180 days.
WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.
Any more comments welcome.
e.g. raising via Congressman's office.
Receipt date vs notice date of last transfer -- which sets the processing date.
Even though it may not bring the result what you want, trying Congressman's office would at least serve the purpose of creating the record which may help you in turn while fighting WOM. So I would definately do that first. Now in theory "Receipt Date" should set the processing date but when you call USCIS they always talk about ND, somehow it seems that they can see only ND.. Yes, that is definately a grey area.
WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.
Any more comments welcome.
e.g. raising via Congressman's office.
Receipt date vs notice date of last transfer -- which sets the processing date.
Even though it may not bring the result what you want, trying Congressman's office would at least serve the purpose of creating the record which may help you in turn while fighting WOM. So I would definately do that first. Now in theory "Receipt Date" should set the processing date but when you call USCIS they always talk about ND, somehow it seems that they can see only ND.. Yes, that is definately a grey area.
mallickarjunreddy
05-19 07:29 AM
I fear a backlash as by now ewr would have made my company to be marked for secondary scrutiny. this is how the story unfolded
CBP --who is your manager
XYZ -- Mr ABC who is based in atlanta ..
CBP. hmmm.. can i have his phone #
CBP calls Mr ABC .. we r deporting XYZ hs papaers r not in order ..
no call back # nothing ..
meanwhile XYZ is asked to sign papers ..
I know we can refuse but those people r so intimidating and I guess if you dont sign ICE agents come in and tell you that it could take months to send you back
so poor xyz has no option but to sign and get a stamp on his passport that he is being deported
Councilor access is a myth and so is trying to call and talk to the CBP officers
and this is not a small body shop .. it has atleast 500 people working on various projects across US and those people were not on bench
i can field any questions ...
CBP --who is your manager
XYZ -- Mr ABC who is based in atlanta ..
CBP. hmmm.. can i have his phone #
CBP calls Mr ABC .. we r deporting XYZ hs papaers r not in order ..
no call back # nothing ..
meanwhile XYZ is asked to sign papers ..
I know we can refuse but those people r so intimidating and I guess if you dont sign ICE agents come in and tell you that it could take months to send you back
so poor xyz has no option but to sign and get a stamp on his passport that he is being deported
Councilor access is a myth and so is trying to call and talk to the CBP officers
and this is not a small body shop .. it has atleast 500 people working on various projects across US and those people were not on bench
i can field any questions ...
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hpandey
10-06 11:51 AM
Not exactly, http://immigrationvoice.org/forum/showthread.php?t=21871
Bingo !! We would never be lucky enough to get rid of the GCTEST headache :D
Bingo !! We would never be lucky enough to get rid of the GCTEST headache :D
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uscis_prob
07-31 06:17 PM
Hi all,
I have a problem with my I-140. its has been denied. The I-485 frenzy was going on and the attorney is not responding. After follow up I relaized that I got a rfe to show 5 years exp. I have masters degree and 7 years of experience. my experience letter was missed, which had 5 years experience.
the uscis people interpreted requirement wrong as our labor requirement says BS+5 years or MS
They sent rfe for 5 more years despite me having Masters.
The response which my attorney had given was that he has MS and he does not need 5 years experience more to qualify.
I was not in the loop during this process. the web site is not updated too. i got denial last week.
After talking to attorney, he filed motion to reconsider with all the proofs.
its been 10 days, i have not received any notice of receipt yet.
how long does it take to get a receipt.
can i file i-485 now, since my I-140 is applied to reconsider? Is thrre any way out?
I have a problem with my I-140. its has been denied. The I-485 frenzy was going on and the attorney is not responding. After follow up I relaized that I got a rfe to show 5 years exp. I have masters degree and 7 years of experience. my experience letter was missed, which had 5 years experience.
the uscis people interpreted requirement wrong as our labor requirement says BS+5 years or MS
They sent rfe for 5 more years despite me having Masters.
The response which my attorney had given was that he has MS and he does not need 5 years experience more to qualify.
I was not in the loop during this process. the web site is not updated too. i got denial last week.
After talking to attorney, he filed motion to reconsider with all the proofs.
its been 10 days, i have not received any notice of receipt yet.
how long does it take to get a receipt.
can i file i-485 now, since my I-140 is applied to reconsider? Is thrre any way out?
breddy2000
08-19 09:48 PM
Me too getting worried about my wife's status...
Good thing is she had this issue when transferring H1 Visa when she was out of status for few months and she had to go to home country for stamping (explaining IO the situation where she was out of status) and came back on status...and she was on status till date.
One more thing is , the status will be counted from the last date of entry to US . If this is the case, I do not have any problem on my wife's status.
If your wife has maintained her status since she last visted US, may be going for H1 stamping and coming back to US, this should not matter..and more over she filed 485 as your dependent.
This is what my understanding is with respect to maintaing status....Let me know if this is not correct
Good thing is she had this issue when transferring H1 Visa when she was out of status for few months and she had to go to home country for stamping (explaining IO the situation where she was out of status) and came back on status...and she was on status till date.
One more thing is , the status will be counted from the last date of entry to US . If this is the case, I do not have any problem on my wife's status.
If your wife has maintained her status since she last visted US, may be going for H1 stamping and coming back to US, this should not matter..and more over she filed 485 as your dependent.
This is what my understanding is with respect to maintaing status....Let me know if this is not correct
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Googler
02-14 04:24 PM
"Based on a review of the facts and bedrock principles of administrative agency law, the Court finds that USCIS�s name check requirement has
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
(1) never been authorized by Congress;
(2) is not mentioned or contemplated by any fair reading of the current USCIS regulations; and
(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions..."
http://www.bibdaily.com/pdfs/Mocanu%202-8-08.pdf
What a fabulous ruling this is.
One question for Lazycis:
# (3) actually reads "(3) may not, without USCIS initiating notice and comment procedures, be used to delay action on Plaintiffs petitions for naturalization, particularly because Plaintiffs have already undergone a name check in order to achieve LPR status and will clear the �fingerprint check� described in the Memorandum of January 25, 2008.10 The fingerprint check will show whether an LPR who is applying for naturalization has had any contact with the criminal justice system that would warrant denial of the petition."
As far as I can tell even (1) and (2) only apply to Naturalization applicants.
So the question of the hour is: are (1) and (2) true for AOS cases? I am asking this question because to argue a case for compelling recapture you need an AOS version of Baylson's ruling + the Galvez-Howerton decision (http://immigrationvoice.org/forum/showpost.php?p=223315&postcount=121). Only then can you say that there was affirmative misconduct in 2003 and hence compel recapture.
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GCVivek
01-28 05:57 PM
Best is to be open about everything. PERM does not depend much on hiding facts to get approved. Ultimately, with newer checks in place, DOL or USCIS can easily find out. Best is to find out if employer needs EB2 person and can pay enough according to SOC code. Based on your qualifications and the above 2 items, you can ask employer to change your title to satisfy requirements for EB2 classification. This way everything is legal and in the open. Once you apply, no stress.....just enjoy life while you wait for GC. :)
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shri22
11-13 09:40 PM
Hi All,
Can you please tell me, when following was announced? Is this a new rule ?
VISA CONVERSATION NOT POSSIBLE FROM H4->H1 or from F1=> H1
I have appointment for Jan12 in TIJUANA , I took this appointment Oct 19th
I worked almost more than 1 year in USA with H1 status but never stamped on my passport.
Thanks
Shri
Can you please tell me, when following was announced? Is this a new rule ?
VISA CONVERSATION NOT POSSIBLE FROM H4->H1 or from F1=> H1
I have appointment for Jan12 in TIJUANA , I took this appointment Oct 19th
I worked almost more than 1 year in USA with H1 status but never stamped on my passport.
Thanks
Shri
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Openarms
12-05 01:44 PM
Bump
what is this bump means???
what is this bump means???
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ZeroComplexity
04-27 03:01 PM
According to the Supreme court corporations are to be treated as individuals. With the rights and privileges of being an individual comes the burden of taxes :) Corporate personhood - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Corporate_personhood)
If corporations do not use any resources provided by the US govt, they shouldn't be taxed, unfortunately thats not the case. Corporations use the infrastructure and security provided by the govt and they pollute. Taxing corporations is the only way to recover the costs to govt/nation because of their existence within the US.
GE is not a person. All of GE employees as well as share holders pay taxes on their income. Why do you want to double tax the companies and make them go out of business? Thats one reason companies have to setup operations in tax haven countries.
It's as if the wife has to pay taxes on her salary and then the husband has to pay taxes on the pocket money he gets from his wife as monthly allowance to run the house hold. (Just reversed the traditional places of husband and wife for fun).
If corporations do not use any resources provided by the US govt, they shouldn't be taxed, unfortunately thats not the case. Corporations use the infrastructure and security provided by the govt and they pollute. Taxing corporations is the only way to recover the costs to govt/nation because of their existence within the US.
GE is not a person. All of GE employees as well as share holders pay taxes on their income. Why do you want to double tax the companies and make them go out of business? Thats one reason companies have to setup operations in tax haven countries.
It's as if the wife has to pay taxes on her salary and then the husband has to pay taxes on the pocket money he gets from his wife as monthly allowance to run the house hold. (Just reversed the traditional places of husband and wife for fun).
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sandyn16
11-01 12:30 AM
I faced the same situation last year when my I94 expired because my passport expired in April 2007. I got my passport renewed but missed the I94 expiry date.
I consulted my attorney and he advised leaving the country asap and coming back. I went to Canada (since I had a Canadian visitor visa) via Buffalo and came back, but the immigration officer told me am fine as long as my I797 is valid.
I heeded my lawyers advise finally and visited India for a few weeks and came back and got new I94.
Based on the information I gathered at that time, there is some time period , I think 40 days after the I94 expiry date by which you can file for new I94 within this country else you have to go out of the country and come back.
I consulted my attorney and he advised leaving the country asap and coming back. I went to Canada (since I had a Canadian visitor visa) via Buffalo and came back, but the immigration officer told me am fine as long as my I797 is valid.
I heeded my lawyers advise finally and visited India for a few weeks and came back and got new I94.
Based on the information I gathered at that time, there is some time period , I think 40 days after the I94 expiry date by which you can file for new I94 within this country else you have to go out of the country and come back.
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RNGC
04-07 08:21 PM
Here's another parallel Idea.
Let us try to schedule a meet with the prospective presidential Candidates (McCain, Clinton and Obama) instead to let them know our issues.
By the time we actually get a meeting with the current president, his term may have expired. The presidential candidates, on the other hand will have some time now (not a whole lot but a little). If we squeeze some time there, we may be able to atleast get our issues out there.
The reason we should meet the current President is that he has nothing to loose...he may show some sympathy on us....Though the prospective candidates will support us, they cannot show their full support in public till elections are over and they settle down...sometime end of 2009!
Let us try to schedule a meet with the prospective presidential Candidates (McCain, Clinton and Obama) instead to let them know our issues.
By the time we actually get a meeting with the current president, his term may have expired. The presidential candidates, on the other hand will have some time now (not a whole lot but a little). If we squeeze some time there, we may be able to atleast get our issues out there.
The reason we should meet the current President is that he has nothing to loose...he may show some sympathy on us....Though the prospective candidates will support us, they cannot show their full support in public till elections are over and they settle down...sometime end of 2009!
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sledge_hammer
06-29 11:37 AM
^^^^
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Achi Goro
07-15 02:04 PM
Need help on which application to withdraw. I did file 1-765 paper application with the Nebraska service center. For a month, I had no receipt from them. So I called them to see if they could get me with the receipt number, but to no avail.
Having thought that it might have been lost in the mail, I e-filed this time to Texas Center and had the receipt immediately after submission. Today I check my bank account only to be seen that the the check I issued to the Nebraska service center for my first application has been posted.
Now I'm thinking of which one to withdraw. I'm thinking of keeping the one with the Texas service center since EAD applications are faster processed there than at the Nebraska service center. Do you see any possibility of refund?
Your response would be very much appreciated.
Having thought that it might have been lost in the mail, I e-filed this time to Texas Center and had the receipt immediately after submission. Today I check my bank account only to be seen that the the check I issued to the Nebraska service center for my first application has been posted.
Now I'm thinking of which one to withdraw. I'm thinking of keeping the one with the Texas service center since EAD applications are faster processed there than at the Nebraska service center. Do you see any possibility of refund?
Your response would be very much appreciated.
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paskal
07-19 10:34 AM
keeping everything else aside
it is likely to be easier to get a residency on ead- choice will be wider
you have to consider though if it matches "job description"
you may not be the primary applicant though, on derivative ead- it's perfect
people on this forum
please join the iv-physicians group
see link in my signature
it is likely to be easier to get a residency on ead- choice will be wider
you have to consider though if it matches "job description"
you may not be the primary applicant though, on derivative ead- it's perfect
people on this forum
please join the iv-physicians group
see link in my signature
more...
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transpass
01-30 10:34 AM
rajiv gupta - ceo of rohm and haas
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late s chandrasekharan - nobel laureate from u chicago
shantanu narayen - ceo of adobe systems
ramani ayer - ceo of hartford financial
deepak jain- dean of kellogg school
late s chandrasekharan - nobel laureate from u chicago
shantanu narayen - ceo of adobe systems
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xgoogle
06-24 11:08 AM
Thanks you guys and smart move admin for collapsing both the threads together! I was only hoping if one of the lawyers could also confirm on this, then I would be really confident going forward with this decision.
Thanks a bunch again for listening to my rant!
Thanks a bunch again for listening to my rant!
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vin13
06-19 06:42 PM
Guys,
Speaking about something that is not immigration related is not going to help us here. Please keep this forum for immigration related issues.
Speaking about something that is not immigration related is not going to help us here. Please keep this forum for immigration related issues.
srini1976
04-15 12:36 PM
Congrats :)
h1techSlave
03-17 04:22 PM
Some lenders do not lend to H1/EAD. So if the cheapest lender happens to not accept H1/EAD, then you did not get the cheapest rate.
In your case Wells Fargo happened to have the cheapest rate and they were also accepting H1.
I am on the look out for a loan currently. The guy with the cheapest rate (around 4.8%) does not give loans to H1/EAD folks. So I am forced to go with a guy who is accepting H1/EAD, but the rate is 5%.
When you shop around ask for rate quote and that time they won't ask your immigration status. If bank changes the rate based on your immi status, do not go with them.
I bought the house while I was on H1 4 years back (I am still using my H1 and I have an EAD now) and nobody asked me my imm status. I submitted the document at the time of doing paperwork but it did not change my rate. I got the best rate based on my credit from wells fargo.
good luck
In your case Wells Fargo happened to have the cheapest rate and they were also accepting H1.
I am on the look out for a loan currently. The guy with the cheapest rate (around 4.8%) does not give loans to H1/EAD folks. So I am forced to go with a guy who is accepting H1/EAD, but the rate is 5%.
When you shop around ask for rate quote and that time they won't ask your immigration status. If bank changes the rate based on your immi status, do not go with them.
I bought the house while I was on H1 4 years back (I am still using my H1 and I have an EAD now) and nobody asked me my imm status. I submitted the document at the time of doing paperwork but it did not change my rate. I got the best rate based on my credit from wells fargo.
good luck
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