satishdasari
09-05 10:22 AM
FYI...
My attorney sent documents to NSC on July 2nd 10.30 AM
Transferred from NS --> TSC with receipt date Aug 29'th.
My cheques were cashed on Aug 29th. Have not received the receipt numbers physically by psotal mail.
My question to you is " Will TSC send the receipt number documnets directly to me or to my Attorney?"
Thanks
My attorney sent documents to NSC on July 2nd 10.30 AM
Transferred from NS --> TSC with receipt date Aug 29'th.
My cheques were cashed on Aug 29th. Have not received the receipt numbers physically by psotal mail.
My question to you is " Will TSC send the receipt number documnets directly to me or to my Attorney?"
Thanks
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amdn123
01-24 05:45 PM
I have changed employers on an H1B transfer. My previous employer had filed an I-485, I went through FP as well and it has been 180 days from the filing date. My new employer's lawyer had advised them that AC-21 need not be filed until visa numbers become current. Is that correct? What if I go to a consulate for H1B visa stamping and they ask me whether AC21 has been filed for the empployment visa? Please advise, I am quite confused.
sb15
08-25 10:33 AM
When i initially got RFE, i didn't know at that time that there were already few H1-B's denied from my company. I believe last year when CSC started processing H1-B's they issued RFE's to lot of companies. Most of them got through even though they had few issues but unfortunately my ex-employer got caught and they have denied majority of extensions and new petitions with the reasons i have mentioned before. Till that time, i didn't had much knowledge about the process. I thought i was safe coz my W-2's were almost double the amount that stated on the labor and i was employed, i have provided all the client details, PO and everything. Inspite of that, my extension was denied. Coming to your questions, i have moved out of the company after 6 months of my 485 filing. I haven't filed any H1-B, No AC21(just change of attorney) and i also have an another 140 pending with my new employer and i don't think that 140 is going to work coz there are lot of complexities. Talk to your employer about this. Are you the only person in this situation or anyone else with you in your company. Are there any other petitions that are recently being approved or denied? He is the right person who can tell you about your petition. If you think your employer is not that good by sticking with all the rules,you still have time to move to another company. Even if your petition gets denied, if you want to maintain H1-B status, you can still do that, but there is little bit of extra money involved to get back on to it.
There is nothing to be nervous about this coz there is very little that you can do about this. Majority of the companies got this RFE and lot of them got out of it. Looks like you have a good relation with your company ( 5 years is a good amount of time ). Please talk to them and make a decision based on what they have to say..Hope everything goes well .. never know u could be green before your extension decision is made..Good luck..
Thanks sankar_203.....I would like to talk to you more on this...do you mind giving contact number ?
Thanks for the response, I really appreciate it...
s
There is nothing to be nervous about this coz there is very little that you can do about this. Majority of the companies got this RFE and lot of them got out of it. Looks like you have a good relation with your company ( 5 years is a good amount of time ). Please talk to them and make a decision based on what they have to say..Hope everything goes well .. never know u could be green before your extension decision is made..Good luck..
Thanks sankar_203.....I would like to talk to you more on this...do you mind giving contact number ?
Thanks for the response, I really appreciate it...
s
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hopefullegalimmigrant
02-26 05:18 AM
Unsure if I can attend at his moment but will be making all efforts.
transaction ID for this payment is: 3JU21341FJ708983M.
Thank you IV. It is because of you that I have belief to keep plugging away.
transaction ID for this payment is: 3JU21341FJ708983M.
Thank you IV. It is because of you that I have belief to keep plugging away.
more...
jsb
11-02 11:56 AM
I was confident on this before, you have just made me super confident.
I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
cjain:
Necessity of 2nd I-140 (if original I-140 denied after 180 days) by new employer is a bit vague and debatable. That's why there are different opinions. For argument sake, if 1st I-140 is approved after, say 360 days, and the beneficiary is already working for the 2nd employer (after waiting for 182 days), what is the sanctity of 1st employer being willing and capable of hiring at this time when there is no intention of beneficiary to work for him.
Bottom line is (I am contracdicting my own argument of previous post), longer the USCIS takes in approving 1st I-140, less is the need of 2nd I-140 by the new employer.
There are always grey areas in law, otherwise we don't need lawyers:).
I have been saying all along that one can get a same/similar job after 180 days irrespective of the whether I-140 was approved or not. I don't know why some people / lawyers spread so much mis-information on this topic.
cjain:
Necessity of 2nd I-140 (if original I-140 denied after 180 days) by new employer is a bit vague and debatable. That's why there are different opinions. For argument sake, if 1st I-140 is approved after, say 360 days, and the beneficiary is already working for the 2nd employer (after waiting for 182 days), what is the sanctity of 1st employer being willing and capable of hiring at this time when there is no intention of beneficiary to work for him.
Bottom line is (I am contracdicting my own argument of previous post), longer the USCIS takes in approving 1st I-140, less is the need of 2nd I-140 by the new employer.
There are always grey areas in law, otherwise we don't need lawyers:).
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h1techSlave
09-23 01:59 PM
the problem is that some of us are likely to eat his lunch
Careful my friend. Porting rules will be as tough as the rules for applying in Eb2. If you make porting difficult, you will set a higher standard for the approval of your application in Eb2 ending up with the possible rejection of yours and other Eb2 applications.
Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?
Careful my friend. Porting rules will be as tough as the rules for applying in Eb2. If you make porting difficult, you will set a higher standard for the approval of your application in Eb2 ending up with the possible rejection of yours and other Eb2 applications.
Why would you want to stop someone eligible to apply in Eb2? If someone has met all the criteria, the same criteria you had to fulfill when applying in Eb2, then what is the problem?
more...
vivache
03-11 10:37 PM
I've seen some posts here and people complaining that the GC process has a stranglehold on their lives.
I've been struggling for the GC for the simply reason that my wife can work. Now she's finally a qualified dentist and someone is sponsoring her visa. She could have worked in the last 5 years .. as an assistant and made money .. and done some work. But since I did not have an EAD for her .. that wasn't possible.
But our lives were not held ransom by the GC process. We travelled a lot .. pretty much have seen more of this country than even the natives :). Read, watched movies, socialised .. I think to a large extent we had a lot of fun. Agreed that the process is painful.. and you are held hostage.
But at the end of the day it is your life ..
Simple options are:
1. Wait .. since there is no other alternative
2. Push through IV activities .. so that you are involved
3. Check some other country ..
4. Go back to India. (not saying in a bad way)
At the end of the day .. peace of mind is more important.
The only reason 99% of the people are here is becuase 1$=44.5Rs.
Had it been 1:1.. I would be on the next flight back home .. enjoying family, friends, bhelpuri, cricket , 10000 festivals, neigbors trooping in .. etc etc .
There are always answers.
I undestand that the process is frustrating .. and I am also hugely frustrated .. battling lawyers, HR, the process itself. But what the hell .. life goes on. You meet people in your situation .. you see some of them getting through the process. There is always hope .. just look for it.
I've been struggling for the GC for the simply reason that my wife can work. Now she's finally a qualified dentist and someone is sponsoring her visa. She could have worked in the last 5 years .. as an assistant and made money .. and done some work. But since I did not have an EAD for her .. that wasn't possible.
But our lives were not held ransom by the GC process. We travelled a lot .. pretty much have seen more of this country than even the natives :). Read, watched movies, socialised .. I think to a large extent we had a lot of fun. Agreed that the process is painful.. and you are held hostage.
But at the end of the day it is your life ..
Simple options are:
1. Wait .. since there is no other alternative
2. Push through IV activities .. so that you are involved
3. Check some other country ..
4. Go back to India. (not saying in a bad way)
At the end of the day .. peace of mind is more important.
The only reason 99% of the people are here is becuase 1$=44.5Rs.
Had it been 1:1.. I would be on the next flight back home .. enjoying family, friends, bhelpuri, cricket , 10000 festivals, neigbors trooping in .. etc etc .
There are always answers.
I undestand that the process is frustrating .. and I am also hugely frustrated .. battling lawyers, HR, the process itself. But what the hell .. life goes on. You meet people in your situation .. you see some of them getting through the process. There is always hope .. just look for it.
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Ram_C
11-06 01:40 PM
Guys,
It's almost 3 weeks today since I've opened SRs for my self and my spouse for not receiving FP notice and we haven't got any notice yet.
I want to know if some one who opened a SR for FP and did not receive any FP notice after the wait period expired, what did you do? Is taking an infopass the next step for missing FP notices or just wait and watch?
Thanks and good luck to all.
was your case transferd from NSC -> TSC ???
It's almost 3 weeks today since I've opened SRs for my self and my spouse for not receiving FP notice and we haven't got any notice yet.
I want to know if some one who opened a SR for FP and did not receive any FP notice after the wait period expired, what did you do? Is taking an infopass the next step for missing FP notices or just wait and watch?
Thanks and good luck to all.
was your case transferd from NSC -> TSC ???
more...
shukla77
11-21 01:14 PM
Mehul,
I am sure God will give you strength to battle this. Keep faith.Our prayers are always with you and your family.
I am sure God will give you strength to battle this. Keep faith.Our prayers are always with you and your family.
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Naveen
05-04 07:59 PM
Hello Sir,
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Hello Madam,
22 CFR 42.32 a(2),b(2),C(2) page 224
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Hope this helps you sleep better at night.
Thanks
P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?
While opinions are good and welcome. My requirement is to see the exact INA language.
I have read the INA Sec 203 multiple times, I could not find the link between ebquota and ebdependents. May be I am missing it. Can some one show the exact lines in INA ?
Think about this "5 year old derivative kid" is counted in ebquota. How did the kid qualify for ebquota ? The law clearly says "to qualified immigrants who are aliens described in any of the following subparagraphs" and then goes on to say the exact qualification.
Don't take me out of context. I do want the kid to get greencard, however I am against the kid being counted in ebquota.
I am yet to get the access to ( I am a recent donor ) donor thread that refers the exact INA language. Can some other donor post the exact INA language in this thread ?
Thanks
Hello Madam,
22 CFR 42.32 a(2),b(2),C(2) page 224
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/22cfr42.32.pdf
(2) Entitlement to derivative status. Pursuant to INA 203(d), and whether or not named in the petition, the child or spouse of an employment-based first preference immigrant, if not otherwise entitled to an immigrant status and the immediate issuance of a visa, is entitled to a derivative status corresponding to the classification and priority date of the beneficiary of the petition.
Hope this helps you sleep better at night.
Thanks
P.S: This is just to prove your attorney is wrong. Now thanks for donating and lets fight to remove the country limits and exempt dependents from the quota. Are you with us?
more...
amitjoey
05-23 04:36 PM
Just sent webfax to California senators.
Thanks
Thanks
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h1techSlave
03-08 08:06 PM
I agree with gc28262's comments.
Administrator2,
During your conversation with mirage, did you explain to him why it would hurt our cause ? From our discussion in the group, it didn't seem he was aware why IV core was against it.
I think the threat of "ban" is out of place for mirage. Even if you ban his user id, he can pursue with his agenda irrespective of whether he is banned or not. IV core should educate mirage and other focus group leaders than threatening to ban them.
There have been so many divisive threads on this forum. IV admins never thought of banning such members.
He is a genuine member maybe not knowledgeable as IV core. Thats all.
Administrator2,
During your conversation with mirage, did you explain to him why it would hurt our cause ? From our discussion in the group, it didn't seem he was aware why IV core was against it.
I think the threat of "ban" is out of place for mirage. Even if you ban his user id, he can pursue with his agenda irrespective of whether he is banned or not. IV core should educate mirage and other focus group leaders than threatening to ban them.
There have been so many divisive threads on this forum. IV admins never thought of banning such members.
He is a genuine member maybe not knowledgeable as IV core. Thats all.
more...
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ikass
11-17 09:12 PM
Done. Thanks. Sent emails to all my friends!
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h1bmajdoor
07-08 05:01 PM
That is why it loos like there is a law that limits the # of AOS applications submiited in addition to the GC #'s that can be allocated: two completely different concepts.
AFAIK when you file the A number is allocated. That is the "visa number", and it comes from the country/EB quotas.
once that is exhausted for a country/EB, you have to wait.
it is not the CIS being mean. That is the way the Congress wrote the law. CIS is just enforcing it.
AFAIK when you file the A number is allocated. That is the "visa number", and it comes from the country/EB quotas.
once that is exhausted for a country/EB, you have to wait.
it is not the CIS being mean. That is the way the Congress wrote the law. CIS is just enforcing it.
more...
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shukla77
11-21 01:14 PM
Mehul,
I am sure God will give you strength to battle this. Keep faith.Our prayers are always with you and your family.
I am sure God will give you strength to battle this. Keep faith.Our prayers are always with you and your family.
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ramprabhum
07-20 12:04 PM
I am a new member joining the IV team.
Thanks for all the efforts taken by IV core team for our legal immigration problems. I want to contribute some money to reimburse Mr.Aman who had taken excellent efforts for us.
Hats off to you AMAN.
Can anyone guide me on how to make this contribution.
Thanks for all the efforts taken by IV core team for our legal immigration problems. I want to contribute some money to reimburse Mr.Aman who had taken excellent efforts for us.
Hats off to you AMAN.
Can anyone guide me on how to make this contribution.
more...
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SunnySurya
08-18 01:27 PM
Here is what I propose:
1. Any one with good english language skill : Can you please volunteer to draft a letter stating the issue....
2. Please contact your lawyers to see if they have contact in AILA.
3. Please contact you state chapter leader to discuss what can be done from IV stand point. I live in tri state and will contact. Murali or Chandrakanth
1. Any one with good english language skill : Can you please volunteer to draft a letter stating the issue....
2. Please contact your lawyers to see if they have contact in AILA.
3. Please contact you state chapter leader to discuss what can be done from IV stand point. I live in tri state and will contact. Murali or Chandrakanth
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desixp
02-15 10:53 AM
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reddymjm
05-05 04:56 PM
Your Id makes sense for me now. That 2020 part. :)
Sunx_2004
09-15 09:12 AM
Very important point Sandy-
Since I (legal immigrant) can not pursue my dream/ happiness I can not improve the life of my kid who is US citizen. I would love to see any lawyer's input...
For those who doubt that a definitive initiative is needed for the Legal immigrant community, may I humbly remind them of the most basic and the most important phrase of the US Constitution..."Every human being has the right to Life, Liberty and the Pursuit of Happiness". What has been happening with all this memos and counter-memos and visa bulletins from the USCIS and the DOS is a denial of our basic human rights...first as Human beings and then as Legal Immigrants. Friends we can possibly build a strong case based on the informed readings of the US Constitution and Law. We have done nothing wrong to get such treatment buy these departments. We have followed every law and requirement that the US Immigration Law has prescribed but because of the sheer number of immigrants from India and China we are being disadvantaged and discriminated by the US Congress, certain laws and by these departments. It is not a legal immigrants fault that the US Law does not limit the F1 visas issued in a year by country and the number of jobs applied under H1b program by country. The endless delays in the GC process clearly disadvantages the legal immigrant community from large countries like India and China compared with legal immigrants from other countries and even US citizens. They clearly cannot pursue their dreams of prosperity, career advancement, security (for himself and family via education, jobs and homes) and overall happiness. Justice delayed is nearly always denied.
An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:
http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness
Since I (legal immigrant) can not pursue my dream/ happiness I can not improve the life of my kid who is US citizen. I would love to see any lawyer's input...
For those who doubt that a definitive initiative is needed for the Legal immigrant community, may I humbly remind them of the most basic and the most important phrase of the US Constitution..."Every human being has the right to Life, Liberty and the Pursuit of Happiness". What has been happening with all this memos and counter-memos and visa bulletins from the USCIS and the DOS is a denial of our basic human rights...first as Human beings and then as Legal Immigrants. Friends we can possibly build a strong case based on the informed readings of the US Constitution and Law. We have done nothing wrong to get such treatment buy these departments. We have followed every law and requirement that the US Immigration Law has prescribed but because of the sheer number of immigrants from India and China we are being disadvantaged and discriminated by the US Congress, certain laws and by these departments. It is not a legal immigrants fault that the US Law does not limit the F1 visas issued in a year by country and the number of jobs applied under H1b program by country. The endless delays in the GC process clearly disadvantages the legal immigrant community from large countries like India and China compared with legal immigrants from other countries and even US citizens. They clearly cannot pursue their dreams of prosperity, career advancement, security (for himself and family via education, jobs and homes) and overall happiness. Justice delayed is nearly always denied.
An Immigration Attorney and Constitutional Lawyer can build a clear case for us. For reference on human rights, please follow these links:
http://www1.umn.edu/humanrts/oasinstr/zoas2dec.htm
http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
http://en.wikipedia.org/wiki/Life,_liberty_and_the_pursuit_of_happiness
sledge_hammer
02-12 12:33 PM
I never claimed I'm going to refrain from going ballistic with words when insults are hurled at me! Maintaining high moral standards and bad language usage doesn't always have to be mutually exclusive. Your logic is waaaayyyyyy flawed if you think they are, my friend!
Coming to your point about F1 status, I can speak for myself that I did come to the US with the intention of going back. I was offered a job while I was still in school and I changed my mind only then. My statement earlier is not conveying my intentions clearly.
It is also true that if USCIS needed to enforce that students are requried to go back to their home country after school, then they should not issue a COS with the H-1B approval, forcing the student to re-enter.
Many of your posts are sensible but you use language which does not befit your self-imposed imaginary high standards. Anyways, the quoted statement itself shows moral contradictions and you have misrepresented your intentions when you went to the consulate. F1 is a non-immigrant visa with the underlying implication that you return to your home country. Please get off your high horse.
Coming to your point about F1 status, I can speak for myself that I did come to the US with the intention of going back. I was offered a job while I was still in school and I changed my mind only then. My statement earlier is not conveying my intentions clearly.
It is also true that if USCIS needed to enforce that students are requried to go back to their home country after school, then they should not issue a COS with the H-1B approval, forcing the student to re-enter.
Many of your posts are sensible but you use language which does not befit your self-imposed imaginary high standards. Anyways, the quoted statement itself shows moral contradictions and you have misrepresented your intentions when you went to the consulate. F1 is a non-immigrant visa with the underlying implication that you return to your home country. Please get off your high horse.
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