reddy77
01-13 06:11 PM
Thanks Guys for taking time and replying to my questions, was able to get answers for all my queries. Thanks ...
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sagar_nyc
08-10 04:51 PM
WOW Man It's Awesome news .. Congratulations
\
Guys,
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.
My PD was dec 2005. eb3. India.
Thought i would share with you all.:)
\
Guys,
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.
My PD was dec 2005. eb3. India.
Thought i would share with you all.:)
binadh
07-12 01:06 PM
May be someone from NY can start calling/writing clintons office. Help us or return that $$$$.
As per this report Indian-Americans raise $2Million. Can we get some help from her to raise our issues?
source: http://www.nysun.com/article/57238
If you think this thread is useless, CORE please close this thread.
As per this report Indian-Americans raise $2Million. Can we get some help from her to raise our issues?
source: http://www.nysun.com/article/57238
If you think this thread is useless, CORE please close this thread.
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franklin
02-09 02:39 PM
franklin...good thread.
Just would like to request you and others who are responding to this thread...to take a look at the following thread.
http://immigrationvoice.org/forum/showthread.php?t=2700
This is one of the action items , Pappu has requested to participate several times. Can I request you and others who are visiting this thread to take a look and action.
This is going to increase IV membership too.
Absolutely. Everything we can do to increase membership must be done, I'm certainly not suggesting an either / or situation.
Yes, mad cows, golf and bad food :cool: Make mental note to search for "bad food" websites too :D
Regarding my self-deprecating comments - we always apologize! Just trying to defuse a situation before it even happens !
Just would like to request you and others who are responding to this thread...to take a look at the following thread.
http://immigrationvoice.org/forum/showthread.php?t=2700
This is one of the action items , Pappu has requested to participate several times. Can I request you and others who are visiting this thread to take a look and action.
This is going to increase IV membership too.
Absolutely. Everything we can do to increase membership must be done, I'm certainly not suggesting an either / or situation.
Yes, mad cows, golf and bad food :cool: Make mental note to search for "bad food" websites too :D
Regarding my self-deprecating comments - we always apologize! Just trying to defuse a situation before it even happens !
more...
sammyb
03-20 02:54 PM
I was wondering with only 4 clean posts how could you get a red dot :) ...
and on the issue of SSN, when I first came to this country I had gone thru the same but in my case I got the card after 6 weeks of the application ... but this wait was painful ... fortunately my company provided me salary advance (or say some money in advance which they later adjusted with my salary) and I survived ...
and on the issue of SSN, when I first came to this country I had gone thru the same but in my case I got the card after 6 weeks of the application ... but this wait was painful ... fortunately my company provided me salary advance (or say some money in advance which they later adjusted with my salary) and I survived ...
keepwalking
05-21 12:22 PM
Thank you very much for your prompt reply.
Please let know if you took infopass appointment or help from Congressmen to push for your wife's I485 processing
Filed at : Nebraska Service Center
For Wife
Filed 485 on March 10, Finger printing May 6th, GC Approved May 9th, GC received May 13th
My Wife was on EAD/OPT based on her student visa (and not on H4)
Please let know if you took infopass appointment or help from Congressmen to push for your wife's I485 processing
Filed at : Nebraska Service Center
For Wife
Filed 485 on March 10, Finger printing May 6th, GC Approved May 9th, GC received May 13th
My Wife was on EAD/OPT based on her student visa (and not on H4)
more...
ras
05-24 12:17 PM
EAD to H1 involves a status change that while being perfectly legal was just not envisioned policy wise as being a frequent occurrence.
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?
I think u need to start afresh a new one only if you are out of country for one year.
Folks, if any one has done this please corraborate
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?
I think u need to start afresh a new one only if you are out of country for one year.
Folks, if any one has done this please corraborate
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chanduv23
02-05 03:39 PM
I know the residency application process. I needed help in finding out any hospitals or institutions offering the observership programs.
Thanks
go to usmleforum.org , you will get excellent help there, it is most happening for FMGs , from what I hear, getting an observership needs recomendation, so start using your network to find any doctors. Observerships are generally not given to people without recomendation because of the HIPAA rules. You may be better off seeking a research position too, stick to New York City where you have a lot of community hospitals and are h1b friendly and you will definitely find some of your alumni, seniors etc... So start off now and try to get some leads.
Good Luck
One more piece of advice: Though u may find a lot of Indians/South Asians on h1b doing residencies, things are changing now, hospitals are now very choosy on h1bs and it is a challenge to secure a residency on h1b. A lot of H1bs are given to people with exceptional scores with experience and most of them go to people who have UK clinical experience (people worked 5 to 10 years in UK) as they seem to be a natural fit. So do your homework and work towards your target.
Thanks
go to usmleforum.org , you will get excellent help there, it is most happening for FMGs , from what I hear, getting an observership needs recomendation, so start using your network to find any doctors. Observerships are generally not given to people without recomendation because of the HIPAA rules. You may be better off seeking a research position too, stick to New York City where you have a lot of community hospitals and are h1b friendly and you will definitely find some of your alumni, seniors etc... So start off now and try to get some leads.
Good Luck
One more piece of advice: Though u may find a lot of Indians/South Asians on h1b doing residencies, things are changing now, hospitals are now very choosy on h1bs and it is a challenge to secure a residency on h1b. A lot of H1bs are given to people with exceptional scores with experience and most of them go to people who have UK clinical experience (people worked 5 to 10 years in UK) as they seem to be a natural fit. So do your homework and work towards your target.
more...
Soltan
11-16 05:08 PM
Oh wow, I have a similar situation like yours. Who is your employer, send me a pm. I am in the process of converting it to Premium.
I have talked to an immigration attorney and confirmed that it surely can be converted to PP. Good luck to you. If you go to other forums, I have seen a similar discussion, check it out there as well.
I have talked to an immigration attorney and confirmed that it surely can be converted to PP. Good luck to you. If you go to other forums, I have seen a similar discussion, check it out there as well.
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ski_dude12
01-31 01:41 PM
Maybe it is because of your priority date :D:D:D.
I have had similar looking bills when I was in PA.
I have had similar looking bills when I was in PA.
more...
newlife2
09-19 10:21 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
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graylensman
11-22 09:56 PM
Tomorrow is always the new day. And I'm disappointed nobody tried to bribe me.
more...
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a_yaja
07-19 09:56 AM
I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.
He can always file an amendment and pay up the money. In the amendment - he can state that he took the credit by mistake. Not sure if there is a time limit for filing amendment if you have to pay money. I know that there is a three year limit if you want to file for amendment and want to get a return/ refund.
He can always file an amendment and pay up the money. In the amendment - he can state that he took the credit by mistake. Not sure if there is a time limit for filing amendment if you have to pay money. I know that there is a three year limit if you want to file for amendment and want to get a return/ refund.
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milind70
10-15 02:03 PM
Hi,
Probably ur 485 is going be approved soon!We had only one soft LUD after fp in our 485s on 7th sep 2007,and no luds on i-140 and i-131 till date??
goodluck,
vaishu
I think not since his PD is 2006.
Probably ur 485 is going be approved soon!We had only one soft LUD after fp in our 485s on 7th sep 2007,and no luds on i-140 and i-131 till date??
goodluck,
vaishu
I think not since his PD is 2006.
more...
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jcrajput
06-18 05:02 PM
Make sure you post all the required document 5 "working days" - If appointment is on monday then your papers should reach by Sat of previous week....
Appointment on 29th June means your papers should reach latest by 19th [4 days is for weekend and one day is overlap].....
I had a bad experience when I went for interview at Mumbai consulate - When I reached the office they told me my appointment has been cancelled reason - document did not reach as per the expected time....I had to spend 10 days to get the next appointment...It was not a problem for me as I am from Mumbai...
Make sure you reach atleast 2 hours before your appointment time. local hawaldars make a mess of people standing in queue...
- Deepak
After taking an appointment date, how to report to the Mumbai Consulate? What type of documnets I will need to send to the consulate? Please help. I don't see this info on VHS site.
Thanks.
Appointment on 29th June means your papers should reach latest by 19th [4 days is for weekend and one day is overlap].....
I had a bad experience when I went for interview at Mumbai consulate - When I reached the office they told me my appointment has been cancelled reason - document did not reach as per the expected time....I had to spend 10 days to get the next appointment...It was not a problem for me as I am from Mumbai...
Make sure you reach atleast 2 hours before your appointment time. local hawaldars make a mess of people standing in queue...
- Deepak
After taking an appointment date, how to report to the Mumbai Consulate? What type of documnets I will need to send to the consulate? Please help. I don't see this info on VHS site.
Thanks.
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hoolahoous
04-17 01:19 PM
when I travelled aboard last two times, I went to Citizen's line (my daughter is citizen and I am on H1b) and IO didn't have any issue at all.
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MYGCBY2010
07-27 03:03 PM
The job order will contain the job description. This will be in the Labor Application. Usually when a 140 is being applied, the employer will provide you the job order and tell you to ensure your experience letters are in line with the Job order.
You will need the 140 number. See if you can get it somehow. Since it belongs to the employer, I doubt you can get the number by calling USCIS.
The 485 is yours and you should get a receipt. With this receipt, you can invoke AC21 without any problems. You will not need copies of Labor or 140.
But to Invoke AC21 and for subsequent adjudication of 485 without issues, nature of the Job should be same or similiar. What are the options by which I could find my Job nature.. Since I don't have a labour copy or i-140 info.. Any inputs ?
You will need the 140 number. See if you can get it somehow. Since it belongs to the employer, I doubt you can get the number by calling USCIS.
The 485 is yours and you should get a receipt. With this receipt, you can invoke AC21 without any problems. You will not need copies of Labor or 140.
But to Invoke AC21 and for subsequent adjudication of 485 without issues, nature of the Job should be same or similiar. What are the options by which I could find my Job nature.. Since I don't have a labour copy or i-140 info.. Any inputs ?
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jsb
10-25 03:53 PM
I agree with you....You should be able to file the G28 form to get someone else to be yr representative 2 or 4
..
My understanding is that you need to send a Cancel G-28 notice (as a simple letter, or using a G-28 form) to USCIS. Your current attorney does not have to do anything. You hired your attorney, so you can drop him/her anytime and advise USCIS.
..
My understanding is that you need to send a Cancel G-28 notice (as a simple letter, or using a G-28 form) to USCIS. Your current attorney does not have to do anything. You hired your attorney, so you can drop him/her anytime and advise USCIS.
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belmontboy
05-23 03:36 PM
I am on H1 since 2005 and renewed last year and it is valid till april 2010.
Last year i joined directly to the client and they are processing my GC.
When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
So as back up i want to have a labour approve based on future employment and if possible have 140 processed.
guide me if this is not the correct thing to do...
regards
you surely can have two GC app's in process.
Last year i joined directly to the client and they are processing my GC.
When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
So as back up i want to have a labour approve based on future employment and if possible have 140 processed.
guide me if this is not the correct thing to do...
regards
you surely can have two GC app's in process.
BEC_fog
04-23 10:55 AM
Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
santb1975
10-02 01:40 PM
I thought we will have lot more responses with all the dedicated volunteers we have in So.Cal
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