gonecrazyonh4
05-12 03:02 PM
Please help on this situation.
LC in Backlog center
Not able to file I-140, spouse not able to work, life on hold.
Company going to file PERM in 2 months time.
Currently on H1b 6th Year and will be on 7th year in 2 weeks time
7th Year extension already received based on LC filed with priority date of
March 05
Sick and tired of current employer,Can he move to a new employer?
New employer is willing to file PERM, Is it possible for trasfer the H1B to new company ? What is the current employer revoke the LC before the PERM is processed? Will he lose status? Is there any guidelines on moving to new employer while on 7th year extension with No end in sight for GC process?
Anyone in similiar situation? Please help
LC in Backlog center
Not able to file I-140, spouse not able to work, life on hold.
Company going to file PERM in 2 months time.
Currently on H1b 6th Year and will be on 7th year in 2 weeks time
7th Year extension already received based on LC filed with priority date of
March 05
Sick and tired of current employer,Can he move to a new employer?
New employer is willing to file PERM, Is it possible for trasfer the H1B to new company ? What is the current employer revoke the LC before the PERM is processed? Will he lose status? Is there any guidelines on moving to new employer while on 7th year extension with No end in sight for GC process?
Anyone in similiar situation? Please help
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akhilmahajan
04-13 01:35 PM
AFAIK, for summer the courses can be part time. This was the case back in 2001 when i went for my masters.
Please check this with the school and your wife can take one evening class and be enrolled for atleast 3-4 months and move on to the F-1 Visa. Community college will be a good place to start, as she will not be spending a lot of money also.
I hope this helps. All the best.
GO I/WE GO. TOGETHER WE CAN.
Please check this with the school and your wife can take one evening class and be enrolled for atleast 3-4 months and move on to the F-1 Visa. Community college will be a good place to start, as she will not be spending a lot of money also.
I hope this helps. All the best.
GO I/WE GO. TOGETHER WE CAN.
boston_gc
01-25 05:49 PM
Which US consulate did you apply? Do you already have H1B on your passport? I think the best option will be to approach your employer and have them sort this issue out. Sometimes, the consulate will request for some additional information from the employer and once they get this information, they will issue the visa.
Good luck!
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
Good luck!
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
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gunabcd
07-16 02:30 PM
PD: Oct 2003
Cat : EB3
140 : Approved June 2005
485 : Applied April 2004 : Pending
EAD : Approved June 2004
AP : Approved June 2004
FP 1 : June 2004
FP 2 : March 2007
How is it possible to file for 485 before you 140 was aproved? Are those dates in order?
You don't need I140 approved to file I-485. My I-140 is still pending(filed in Apr 07) and i applied for I-485 on July 2nd.
Cat : EB3
140 : Approved June 2005
485 : Applied April 2004 : Pending
EAD : Approved June 2004
AP : Approved June 2004
FP 1 : June 2004
FP 2 : March 2007
How is it possible to file for 485 before you 140 was aproved? Are those dates in order?
You don't need I140 approved to file I-485. My I-140 is still pending(filed in Apr 07) and i applied for I-485 on July 2nd.
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kshitijnt
10-22 12:30 PM
Did you fill any I-9 form or your hr filed it? the status of the applicant is decided by the I-9 Employment eligibility form.
Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?
He doesnt have to fill out I-9. Anyone else can do it. How did lawyer provide them with EAD? Didnt they mail the card to your place?
If I were you, and if it is true they changed your status without your knowledge, I would write them 4-5 F*** letter worded emails with copy to the boss.
Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?
He doesnt have to fill out I-9. Anyone else can do it. How did lawyer provide them with EAD? Didnt they mail the card to your place?
If I were you, and if it is true they changed your status without your knowledge, I would write them 4-5 F*** letter worded emails with copy to the boss.
drirshad
04-21 08:40 AM
http://hammondlawgroup.blogspot.com/
Thursday, April 19, 2007
Crystal ball gazing
Everyone wants us to put on our genie�s hat, gaze into our crystal ball, and try to predict what is going to happen in the next few months. So here it goes�
Congress is set to debate CIR in May. HLG thinks that there is a reasonable chance that one house of Congress passes CIR in the May/June timeframe. And that the other house of Congress passes another CIR in June/July. With some negotiation, a compromise CIR bill could be on the president�s desk by the middle of the summer � say July.
In addition, we are also actively courting the bridge legislation that we�ve mentioned many times. HLG was privy to a meeting that took place just this week with a senior staffer in an important Senator�s office. The challenge here is to find the right must-pass legislation that can serve as a host.
Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.
Thursday, April 19, 2007
Crystal ball gazing
Everyone wants us to put on our genie�s hat, gaze into our crystal ball, and try to predict what is going to happen in the next few months. So here it goes�
Congress is set to debate CIR in May. HLG thinks that there is a reasonable chance that one house of Congress passes CIR in the May/June timeframe. And that the other house of Congress passes another CIR in June/July. With some negotiation, a compromise CIR bill could be on the president�s desk by the middle of the summer � say July.
In addition, we are also actively courting the bridge legislation that we�ve mentioned many times. HLG was privy to a meeting that took place just this week with a senior staffer in an important Senator�s office. The challenge here is to find the right must-pass legislation that can serve as a host.
Putting this all together HLG is slightly raising our latest estimate. We�re willing to print that there is a 60% chance that either CIR or Bridge legislation is passed and signed by the President by August 1. Whenever a bill is passed it will likley take an additional 30-60 days before the first visas are issued.
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vmetla
07-31 12:41 AM
I guess both options are good but I would suggest option 1. Btw you should kick you lawyer's a** so hard so that he would not make this mistake again in his life. Sorry for my language. Why do these lawyers screw up our lives? I have had enough with these so called idiots who cannot do a simple job without making any mistakes. My lawyer screwed up my life with just a single mistake and I have been suffering for the past 5 years now, otherwise I would have got my GC in 2005.
Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.
Yes thats right. I never thought i would face this issue with a single line on the ETA form.
I have taken this issue with my HR, and they are changing the immigration lawyers.
As a contingency measure, my HR is applying for 1 H1 extension, just in case the I-140 is denied. I hope the USCIS adjudicator is a cool guy and get satisfied with the evidence i submit.
Anyways, dont worry you should be just fine. Please contact Murthy or some other good laywers to work on your RFE and do not go with your current lawyer please.
Yes thats right. I never thought i would face this issue with a single line on the ETA form.
I have taken this issue with my HR, and they are changing the immigration lawyers.
As a contingency measure, my HR is applying for 1 H1 extension, just in case the I-140 is denied. I hope the USCIS adjudicator is a cool guy and get satisfied with the evidence i submit.
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willigetgc?
09-24 10:21 AM
my problem with these hearings is that they play soccer with the interests of immigrants. There are pro and anti immigrant views in discussion.
Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?
Secondly when they talk about legalization, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.
Overall immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lt could have been done till now. We need to hear more action than just talk.
hypocrisy at its best!
Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?
Secondly when they talk about legalization, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.
Overall immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lt could have been done till now. We need to hear more action than just talk.
hypocrisy at its best!
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freedom1
02-28 11:38 AM
CSPAN does not have it on their schedule yet.
It was/is broadcast on: http://www.capitolhearings.org/index.htm
Hearing room Hart 216.
Freedom1
It was/is broadcast on: http://www.capitolhearings.org/index.htm
Hearing room Hart 216.
Freedom1
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bbenhill
10-06 08:29 PM
^^^^
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anu_t
08-27 02:08 PM
The new job role must have a 50% different job duties and if it does have a requirement of EB2 then it is possible.
With the same job role it is not Possible .
With the same job role it is not Possible .
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Fitz
07-17 10:50 AM
I'm in the same position as yourself - TN currently, H1 approved for Oct 1. Even if my visa # becomes current, I am waiting until Oct 1 to file 485, so that I'll be on H1 at that point and I don't have to risk being out of status for even 1 second (in the eyes of USCIS) btwn TN & HI taking effect. I am planning a trip home early August, so I only have to wait an additional 1.5 months for that peace of mind-open visa # window, pending...
Just my $.02 worth, but if I were in your shoes, I'd be concerned that USCIS will consider your 485 abandoned when you leave the US while on your TN. Even though you wouldn't have worked btwn status change, I think they consider your "TN status" on-and-off, as come and go from the US - so that once you leave the US, you wouldn't have any "status" left to adjust... H1's (as dual intent) have a provision that allow you to come and go from the US without having abandoned a 485 application... The many people in the past who have successfully completed 485's while on TN's, were able to renew their TN and submit 485 immediately, stay in the US until their EAD/AP arrived and then leave at will, re-entering on 485-pending status via their approved EAD.
Again, just my weekend warrior opinion! Best wishes with it, at any rate!
Fitz
Just my $.02 worth, but if I were in your shoes, I'd be concerned that USCIS will consider your 485 abandoned when you leave the US while on your TN. Even though you wouldn't have worked btwn status change, I think they consider your "TN status" on-and-off, as come and go from the US - so that once you leave the US, you wouldn't have any "status" left to adjust... H1's (as dual intent) have a provision that allow you to come and go from the US without having abandoned a 485 application... The many people in the past who have successfully completed 485's while on TN's, were able to renew their TN and submit 485 immediately, stay in the US until their EAD/AP arrived and then leave at will, re-entering on 485-pending status via their approved EAD.
Again, just my weekend warrior opinion! Best wishes with it, at any rate!
Fitz
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Aah_GC
07-11 02:18 PM
I was going through some comments by some folks in this forum (http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350) - and one of them says - how come these guys were silent when they were pressing for Illegal Immigration reforms? What the heck? You live in this country on a budget with your employer and they expect you to solve the problems of this country.
Jakub (glus),
Good job on getting our message across. Good picture too! Finally we are seeing some faces behind the screen names.
http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350
Jakub (glus),
Good job on getting our message across. Good picture too! Finally we are seeing some faces behind the screen names.
http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350
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meghanap2000
11-04 02:02 PM
Hello gurus,
3 Years back, before applying my 485 and my labor was pending status, i came to know that the need of birth certificate at I485 stage and I asked the records from the local panchayat and they could not find out any records on my name. Then filed the complaint in the court by providing the my passport, mark statements. After many weeks, the court ordered to provide me the birth certificate with the delayed registration 3 years back that is only on 2007. Now i have the birth certificate with the delayed registration, Now in this situvation, is it possible to go to the municipality to ask them the non-availability certificate ?
Thanks
Devan
HI Devan,
I was in same situation as yours. I also got my birth registered just 3 years back and submitted to USCIS along with 3 affidavits from elders who presented at the time of birth. Basically noterized copies on indian stamp paper and submit to USCIS along with your latest birth certificate. No need to provide Non availability certificate. This is what I did. My GC got approved. Consult your attorney ..they will give more information.
3 Years back, before applying my 485 and my labor was pending status, i came to know that the need of birth certificate at I485 stage and I asked the records from the local panchayat and they could not find out any records on my name. Then filed the complaint in the court by providing the my passport, mark statements. After many weeks, the court ordered to provide me the birth certificate with the delayed registration 3 years back that is only on 2007. Now i have the birth certificate with the delayed registration, Now in this situvation, is it possible to go to the municipality to ask them the non-availability certificate ?
Thanks
Devan
HI Devan,
I was in same situation as yours. I also got my birth registered just 3 years back and submitted to USCIS along with 3 affidavits from elders who presented at the time of birth. Basically noterized copies on indian stamp paper and submit to USCIS along with your latest birth certificate. No need to provide Non availability certificate. This is what I did. My GC got approved. Consult your attorney ..they will give more information.
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inskrish
08-21 11:13 PM
Well, most of us July filers--including myself--are little stressed out due the Receipt Notice issues, but now I have learned how to live happy even at hard times. Here is how I imagine the NSC center works. A busy morning at NSC mail room.:)
Mail room Clerk: Good morning officer! Today's quota of I-485 Receipt Entry is 3000. In what order I have to pull the 3000 applications from the mound of applications?
Officer: Order? Are you out of your mind? Did you forget my instructions? Go to Rack # 10 and pull 1000 applications, and go to Rack # 15 and pull 1200 applications, and finally go to Rack # 21 and pull 700 applications. It will take just take 10 minutes. If you sort all these applications, it will take hours and hours. Try to be a smart man. OK?
Clerk: Yes sir, I will do it 10 minutes.
(Clerks completes the officier's instruction and comes back with the applications, but seems confused)
Clerk:Sir, it looks like we pulled only 2900 applications, but still we need 100 more.
Officer: What? How did it happend? OK. Let me think. Go to the 'Rejected Applications' rack and pull 100 applications, closing your eyes. It is important you close your eyes and pull the application. Understand?
Clerk: Yes, sir.
(The clerk gets the 100 applications from the 'Rejected Applications' rack)
Clerk: Sir, I am done.
Officer: OK. Now, one final time. Count the applications and make sure we have only 3000 applications.
(The clerk counts the applications again....)
Clerk: In a panic voice, says, "Sir, I don't know how this happend, but we have 3600 applications instead of 3000, but I did't make any mistake, Sir.
Officer:Man, you are always a pain in my ass. Now we have 600 more applications in hand..Hmmm.. Let me think. OK, just transfer these 600 applications to TSC, and today's problem is solved.
Clerk: Yes, sir.
Officer: Bye, see you tomorrow.
Regards,
IK
Mail room Clerk: Good morning officer! Today's quota of I-485 Receipt Entry is 3000. In what order I have to pull the 3000 applications from the mound of applications?
Officer: Order? Are you out of your mind? Did you forget my instructions? Go to Rack # 10 and pull 1000 applications, and go to Rack # 15 and pull 1200 applications, and finally go to Rack # 21 and pull 700 applications. It will take just take 10 minutes. If you sort all these applications, it will take hours and hours. Try to be a smart man. OK?
Clerk: Yes sir, I will do it 10 minutes.
(Clerks completes the officier's instruction and comes back with the applications, but seems confused)
Clerk:Sir, it looks like we pulled only 2900 applications, but still we need 100 more.
Officer: What? How did it happend? OK. Let me think. Go to the 'Rejected Applications' rack and pull 100 applications, closing your eyes. It is important you close your eyes and pull the application. Understand?
Clerk: Yes, sir.
(The clerk gets the 100 applications from the 'Rejected Applications' rack)
Clerk: Sir, I am done.
Officer: OK. Now, one final time. Count the applications and make sure we have only 3000 applications.
(The clerk counts the applications again....)
Clerk: In a panic voice, says, "Sir, I don't know how this happend, but we have 3600 applications instead of 3000, but I did't make any mistake, Sir.
Officer:Man, you are always a pain in my ass. Now we have 600 more applications in hand..Hmmm.. Let me think. OK, just transfer these 600 applications to TSC, and today's problem is solved.
Clerk: Yes, sir.
Officer: Bye, see you tomorrow.
Regards,
IK
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chanduv23
09-17 01:35 PM
I saw those guys in the situation room. I will look like their grandfather.:mad:
Leo Tolstoy
Mahatma Gandhi
Roosevelt
Lincoln
Everyone looked old - but they were great, they are in every child's text books, bridges are named after them, countries declare national holidays for their birthday
So Andy - yes - you will very much be assimmilate so no worries :)
Leo Tolstoy
Mahatma Gandhi
Roosevelt
Lincoln
Everyone looked old - but they were great, they are in every child's text books, bridges are named after them, countries declare national holidays for their birthday
So Andy - yes - you will very much be assimmilate so no worries :)
more...
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alahiri
03-27 10:48 PM
With President himself lending support for immigration related reforms this is probably the best chance we will ever have to put the plights of legal immigrants waiting for a Greeen Card before the senate and the President. Is there any plan to pursue this with the Senate. I would like to request the Immigrationvoice esteemed members to please put some thought into this (if not allready considered) :
Automatically providing someone living here for 6 years with a Green Card is probably the most sensible and easiest way to decrease the backlog and increase the revnue earning for the INS. After all if someone has stayed here for 6 years legally, paid his taxes and have been law abiding - that should be enough for INS to grant PR status to the individual after some mandatory background checking.
Thanks
AL
Automatically providing someone living here for 6 years with a Green Card is probably the most sensible and easiest way to decrease the backlog and increase the revnue earning for the INS. After all if someone has stayed here for 6 years legally, paid his taxes and have been law abiding - that should be enough for INS to grant PR status to the individual after some mandatory background checking.
Thanks
AL
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Madhuri
01-27 05:13 PM
All the threads related to contribution are so dead. It's the hard and sad TRUTH that after so many requests, people don't want to contribute....moreover they are fighting with each other. BRAVO skilled immigrants. If only 'some miracle' happens, people might consider contributing.
Today I need to travel back to India for emergency reason. I had a ticket available, but could not start since I need to book appointment for visa stamping. It will take at least 3 more days. I wish I had AP. I know everybody living here has to go through this some time in their lives, they can not be with their loved ones when it's warranted.
Guys please wake up and contibute....time is running out fast. Our future is in our hands, nobody is going to help us.
Today I need to travel back to India for emergency reason. I had a ticket available, but could not start since I need to book appointment for visa stamping. It will take at least 3 more days. I wish I had AP. I know everybody living here has to go through this some time in their lives, they can not be with their loved ones when it's warranted.
Guys please wake up and contibute....time is running out fast. Our future is in our hands, nobody is going to help us.
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summitpointe
04-09 12:07 PM
Planning to use AC21 Portability and work on EAD.
If the EAD reneval is applied and If it gets expired before we get the new EAD, can I work by having the EAD reneval receipt notice with out affecting the employment.
Thanks in advance for your reply.
If the EAD reneval is applied and If it gets expired before we get the new EAD, can I work by having the EAD reneval receipt notice with out affecting the employment.
Thanks in advance for your reply.
sanjay
04-07 10:20 AM
Is this something common?. I did not get any emails after that. Following is the relevant part of the email....
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 3, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
What else do you want Bro. Give 30 days time to USCIS to send your card. we, most of us, would me more satisfied just to see the magical words - Current Status: Card production ordered in our case status.
Regarding holding card in physically, have to wait some time. Which should not be more taxing than waiting to see the magical words.
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 3, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
What else do you want Bro. Give 30 days time to USCIS to send your card. we, most of us, would me more satisfied just to see the magical words - Current Status: Card production ordered in our case status.
Regarding holding card in physically, have to wait some time. Which should not be more taxing than waiting to see the magical words.
samswas
01-21 11:17 AM
Thanks for your reply and I understand that AC21 can be used for job in same or similar occupation.
Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?
Vel
Your Emp A may say anything, but if he revokes your I-140 before you file AC-21, then you will be in trouble. It is always safe to file CA-21
Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?
Vel
Your Emp A may say anything, but if he revokes your I-140 before you file AC-21, then you will be in trouble. It is always safe to file CA-21
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