Guys, I submitted my app on July 2 with matriculation as BC. I'm OK with RFE... Do you think it will be rejected????
I don't think they will accept matriculation certificate as primary evidence. Since the birth certificate is initial evidence, you should contact your lawyer ASAP.
I don't think they will accept matriculation certificate as primary evidence. Since the birth certificate is initial evidence, you should contact your lawyer ASAP.
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I have asked this question before, but got no response - If one of the spouses have a Shoplifting Charge in Singapore, and its been over 5 years since that hapened, Can we file the application together and request a pardon since its been over 5 years? Does anyone know how to do this.
Currently, the Application has been filed with only one person landing in Canada option.
I understand earlier Buffalo office would not require Police Clearance from Singapore but now they want the applicants to get that. I did not prvoide one as I filed before this change took place.
Any idea what one can do in such a case?
Currently, the Application has been filed with only one person landing in Canada option.
I understand earlier Buffalo office would not require Police Clearance from Singapore but now they want the applicants to get that. I did not prvoide one as I filed before this change took place.
Any idea what one can do in such a case?
if 110,786 cases are due to retro...
then these cases are either (2nd China/India, 3rd, and other workers)??
considering 140,000 visa numbers available, and other catagories being current, only portions these retro cases will get visa numbers by this year..
no hope for PD advancement???
then these cases are either (2nd China/India, 3rd, and other workers)??
considering 140,000 visa numbers available, and other catagories being current, only portions these retro cases will get visa numbers by this year..
no hope for PD advancement???
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Please do vote..
Guys how does one edit a poll after creation.
Can somebody from Iv admin modify the poll so users can see who has voted what here.
So, obviously, you are not expecting any EB3 I to vote, right?
Or do you want EB3 I also to vote?
Guys how does one edit a poll after creation.
Can somebody from Iv admin modify the poll so users can see who has voted what here.
So, obviously, you are not expecting any EB3 I to vote, right?
Or do you want EB3 I also to vote?
What if you have to leave the job before 180 days, about after 150 days? When I say you have to that means there is no alternative. Employer-Employee issues. Quite a few folks here might be aware of it. But anyway, I read that USCIS will consider 180 days based on the I-485 'Received Date' and I-140 'Revoked date' will be the date USCIS act on the letter they receive from Employer requesting to revoke I-140 not the date employer will send letter to USCIS. I'm aware that there is no specific guidelines of which date USCIS will consider as 'Revoked date', but I heard USCIS mentioned verbally in many conference that they consider I-140 'Revoked date' as when USCIS act on the letter they receive from employer. Any thoughts?
From what I understand you can only and still will only be able to file I-485 when your PD is current. Now, if you belong to rest of the world EB2 the moment your labor clears your PD is current so you can file at the same time I-485 and I-140. In future you will have to delay the filing of I-485 for the three months that I-140 takes to clear (if your PD is current the moment the labor clears).
Interesting...looks like this bill is moving faster than we'd think...it would be interesting to see where it ends up. Also, it appears that this bill does not talk about giving the DV visas to existing EB-X categories but instead to create a new EB category for STEM graduates...not sure, but that's what it sounds like.
IV shoudl push for this legislation.
IV shoudl push for this legislation.
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What a rationale you are using. So then "kids should not suffer" and then the answer is yes, go ahead and reward those who broke laws with an amnesty.Hey, I don't know if you have kids, just imagine you have 16 old kid, you are on H1 waiting for labor certification and visa number to be available. While waiting continues your kid turns 21. Are you ready to send him home?
Actions speak louder than words... Lou Dobbs says Microsoft has waged war against the American middleclass by taking the company to Canada. But that hasn't stopped the company from starting a development center in Canada, nor has the company cared to answer Lou Dobbs in a press release or anything. What I am saying is, we should not care about what Lou Dobbs thinks or says on his show. As long as we being here helps grow the American economy, nobody cares about what Lou Dobbs thinks!!!
Maybe you and I don't care what Lou Dobbs thinks since we already know what the truth is. How about that average family who are oblivious to our situation ? They just watch network television and dare not question the facts because it is coming from CNN and Lou Dobbs.
To the average American H1-B visas almost mean outsourcing American jobs. The reason for this is the misinformation perpetrated by the mainstream media. We stand to lose a lot if we don't counter it. It is necessary to be LOUD and CLEAR and tell them that they are wrong.
Our silence will just reek of acceptance. All the information dispersed by these self-anointed saviors of the American middle-class, will become the truth and we will become the culprits - the so called outsourcers of American jobs. To some extent we already have acquired that reputation.
Maybe you and I don't care what Lou Dobbs thinks since we already know what the truth is. How about that average family who are oblivious to our situation ? They just watch network television and dare not question the facts because it is coming from CNN and Lou Dobbs.
To the average American H1-B visas almost mean outsourcing American jobs. The reason for this is the misinformation perpetrated by the mainstream media. We stand to lose a lot if we don't counter it. It is necessary to be LOUD and CLEAR and tell them that they are wrong.
Our silence will just reek of acceptance. All the information dispersed by these self-anointed saviors of the American middle-class, will become the truth and we will become the culprits - the so called outsourcers of American jobs. To some extent we already have acquired that reputation.
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Hi guys,
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
I wanted to share some good news with you. My checks got encashed today. Not sure the call I made to CIS made any difference.
What a relief
Mailed --> Jul'20 --> accepted Jul'23 NSC
What a relief
Mailed --> Jul'20 --> accepted Jul'23 NSC
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Actually CIR was started by President Bush to regain hs popularity. Other than that it is complicated and tough to pass thru. Really lawmakers have to work hard f they want to pass because it is tough to satisfy all. So most of them must be cautious unless it comes up for discusson. Moderate people may try to maintain status quo. If CIR is pendng then all the immigration related items including EB relief will be attached to it(People will try to attach so that it can be delayed as much possible). If Congress starts discussion on Jan 2007 possiblity of becoming law is on May if they introduce CIR. But immigration may not be that much national importance issue for US congress. It does not matter whether an illegal immigrant will become citzen on now or 2009. Economy will not have an impact. Similarly a H1 person gets gc now or 2009 or 2011 the impact will be mnimal for US but impact will be heavy for that immigrant. Also Economy may slow down n 2007 and job demand may go down then it is tough to justify increase of H1 when joblessness starts increase.
I think EB2 will improve much better in coming months and EB3 also PD will move at least a few weeks to few months. Atleast people could extend H1 after 6 years. In 1999 and 2000 people did not have that option and some people left USA and came back after year. So to get gc was challenging atleast for 50% of people for past 10 years. Some people got this easily some time in past.
I think EB2 will improve much better in coming months and EB3 also PD will move at least a few weeks to few months. Atleast people could extend H1 after 6 years. In 1999 and 2000 people did not have that option and some people left USA and came back after year. So to get gc was challenging atleast for 50% of people for past 10 years. Some people got this easily some time in past.
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eb3_nepa,
One thing we should forcefully implement is give everybody an oppurtunity to speak up, if a right candidate steps up.
thanks
sri
Nobody from IV has prevented people from other countries from speaking up. On the contrary, multinationalism is only encouraged to give a global face to this issue. But, I don't see anyone from outside India/China bolstering IV's efforts. Why don't they step up and join the core team?
One thing we should forcefully implement is give everybody an oppurtunity to speak up, if a right candidate steps up.
thanks
sri
Nobody from IV has prevented people from other countries from speaking up. On the contrary, multinationalism is only encouraged to give a global face to this issue. But, I don't see anyone from outside India/China bolstering IV's efforts. Why don't they step up and join the core team?
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I think my original question still remains unanswered.
1. I do not have my I-485 receipt notice(I do have the numbers though)
2. I do not have EAD/AP(Employer did not let us apply)
3. I'm already in my 7th year of H1. Current stamp expires in Sep'2008.
Can I invoke Ac21 somehow?
I would suggest that you apply for EAD/AP yourself without lawyer's help. I think you can just use receipt numbers.
1. I do not have my I-485 receipt notice(I do have the numbers though)
2. I do not have EAD/AP(Employer did not let us apply)
3. I'm already in my 7th year of H1. Current stamp expires in Sep'2008.
Can I invoke Ac21 somehow?
I would suggest that you apply for EAD/AP yourself without lawyer's help. I think you can just use receipt numbers.
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Caliguy,
It is interesting......why does congressman/senatorial inquiry works for some and not for some. What can we do differently. I sent out a "Thanks...but no thanks" email back to Congressman's office.
I mentioned that I expected that a congressman's inquiry will at least make TSC to look into the case and do a due diligence but not throw the same reply that they'd to individual inquiry.
There is a saying in Hindi...
"Jab kismat hi hai gandu to kya karega pandu"
Hang in there..........
SoP
It is interesting......why does congressman/senatorial inquiry works for some and not for some. What can we do differently. I sent out a "Thanks...but no thanks" email back to Congressman's office.
I mentioned that I expected that a congressman's inquiry will at least make TSC to look into the case and do a due diligence but not throw the same reply that they'd to individual inquiry.
There is a saying in Hindi...
"Jab kismat hi hai gandu to kya karega pandu"
Hang in there..........
SoP
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Is there a pattern for RFEs? Why some on gets an RFE for AP?
Good question - based on what I am reading on this forum, it seems to me like the RFE is requested for people who travel a lot in and out of the country. My wife has traveled a lot of times - I even lost track in the last 5 years - and she did tell me that they did not take her I-94. It would be still attached to the passport and when she enters back - if the travel time was less than 20 days, the officer discarded her new I-94 and asked her to keep the old I-94 - in some cases, he/she would just take it during entry. This happens mostly when she travels to Mexico or South America. The evidence that was being requested is the dates of travel and type of visa used to enter the country with the required documented evidence on the passport (color copy).
Good question - based on what I am reading on this forum, it seems to me like the RFE is requested for people who travel a lot in and out of the country. My wife has traveled a lot of times - I even lost track in the last 5 years - and she did tell me that they did not take her I-94. It would be still attached to the passport and when she enters back - if the travel time was less than 20 days, the officer discarded her new I-94 and asked her to keep the old I-94 - in some cases, he/she would just take it during entry. This happens mostly when she travels to Mexico or South America. The evidence that was being requested is the dates of travel and type of visa used to enter the country with the required documented evidence on the passport (color copy).
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Well, yeah. And I also found his other work (http://www.behance.net/Gallery/Desktop-Wallpapers/348801) (linked in his thread). :(
I'm no native english, if i offended anybody in "any" way, It is not what i intended. Can't quite get it though.
I asked "have you read the bible" on my design because if you did then you'll find this names familiar.
I'm no native english, if i offended anybody in "any" way, It is not what i intended. Can't quite get it though.
I asked "have you read the bible" on my design because if you did then you'll find this names familiar.
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Under Post decision activity it will mention a date :
"we approved this petition and sent it on date -->
This date is when they mailed your green card.
If you do not receive it in 7 days after that date (that is mentioned on "post decision activity" message, you need to check with your local post man/post office and then consider infopass to see what has happened.
The card comes in a "neutral looking envelope" with "return service requested"marked on it and upper left corner has address of Nebraska or Missouri (two places where they are produced). Nothing else on that envelope (it is slightly large than norma envelope): keep looking for it in your mail.
Good Lcuk.
"we approved this petition and sent it on date -->
This date is when they mailed your green card.
If you do not receive it in 7 days after that date (that is mentioned on "post decision activity" message, you need to check with your local post man/post office and then consider infopass to see what has happened.
The card comes in a "neutral looking envelope" with "return service requested"marked on it and upper left corner has address of Nebraska or Missouri (two places where they are produced). Nothing else on that envelope (it is slightly large than norma envelope): keep looking for it in your mail.
Good Lcuk.
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Friends I think a great injustice is being done to NSC filers , their applications are taking months for ead and ap, while TSC filers are getting ead adn AP as soon as they get receipt, do you think this will improve for NSC in future, at this time looks like august NSC filers will haveto wait till the end of the year for EAD,ap, which is sad.
Cant beleive you said that ! Just think how it feels to be waiting for receipt notices, knowing people who filed in late June are still getting them (and only a couple of July 2nd filers so far)and also knowing that if something is wrong with ur application, its going to take years before you can apply again....and compare it to the additional 2 months u r going to wait for ur EAD/AP
Thanks
Cant beleive you said that ! Just think how it feels to be waiting for receipt notices, knowing people who filed in late June are still getting them (and only a couple of July 2nd filers so far)and also knowing that if something is wrong with ur application, its going to take years before you can apply again....and compare it to the additional 2 months u r going to wait for ur EAD/AP
Thanks
This is my new employer asking me sign this document called "time sheet agreement"...would it stand in the court of law, say I left the job and could they come after me with this paper?
here is the 80% of whats in there with company called (name changed) Nathuram-daulathram-desi-Company :D
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
If the employee wishes to terminate his/her services with Nathuram-daulathram-desi-Company, he/she agrees to assist Nathuram-daulathram-desi-Company in fulfilling the contract terms that Nathuram-daulathram-desi-Company signed with client like notice period etc. The client peanilizes Nathuram-daulathram-desi-Company if he/she leaves the project abruptly without sufficient notice. Employee is responsible for all monetary penalties the client will enforce on Nathuram-daulathram-desi-Company because of his/her action.
Employee agrees not to transfer billing to another firm and / or accept payments from another firm or the primary vendor or mid vendor for the project you are currently working will be working in future. Employee agrees not to solicit directly or indirectly Nathuram-daulathram-desi-Company�s client and vendors.
Employee is responsible for the accuracy of the time sheet submitted for payroll. If Nathuram-daulathram-desi-Company pays you and we did not get the money from the client, he/she are responsible to reimburse Nathuram-daulathram-desi-Company all the amount that is under dispute within 5 business days. Employee is responsible for all the legal and administrative costs (attorney, collections etc) for enforcing the above terms. All disputes will be settled according to the laws of the sate of NJ.
Employee agrees to reimburse Nathuram-daulathram-desi-Company any and all over payments made to you within 5 business days. If you fail to do so, then the employee agrees to pay the legal costs involved in enforcing the same.
The above costs are difficult to calculate and will be based on our approximations.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Is this how every company asks their employee to sign?? This is my first experience on this...never signed anything like this before.... :rolleyes:
Please let me know,
Thanks,
LIGCP :mad:
99% agreements written by the desi consultants are not legal ( they are one sided) . if you dont sign it , you dont get the job.
I am not a lawyer , and this is my personal view out of the experience on being a H1
here is the 80% of whats in there with company called (name changed) Nathuram-daulathram-desi-Company :D
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
If the employee wishes to terminate his/her services with Nathuram-daulathram-desi-Company, he/she agrees to assist Nathuram-daulathram-desi-Company in fulfilling the contract terms that Nathuram-daulathram-desi-Company signed with client like notice period etc. The client peanilizes Nathuram-daulathram-desi-Company if he/she leaves the project abruptly without sufficient notice. Employee is responsible for all monetary penalties the client will enforce on Nathuram-daulathram-desi-Company because of his/her action.
Employee agrees not to transfer billing to another firm and / or accept payments from another firm or the primary vendor or mid vendor for the project you are currently working will be working in future. Employee agrees not to solicit directly or indirectly Nathuram-daulathram-desi-Company�s client and vendors.
Employee is responsible for the accuracy of the time sheet submitted for payroll. If Nathuram-daulathram-desi-Company pays you and we did not get the money from the client, he/she are responsible to reimburse Nathuram-daulathram-desi-Company all the amount that is under dispute within 5 business days. Employee is responsible for all the legal and administrative costs (attorney, collections etc) for enforcing the above terms. All disputes will be settled according to the laws of the sate of NJ.
Employee agrees to reimburse Nathuram-daulathram-desi-Company any and all over payments made to you within 5 business days. If you fail to do so, then the employee agrees to pay the legal costs involved in enforcing the same.
The above costs are difficult to calculate and will be based on our approximations.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Is this how every company asks their employee to sign?? This is my first experience on this...never signed anything like this before.... :rolleyes:
Please let me know,
Thanks,
LIGCP :mad:
99% agreements written by the desi consultants are not legal ( they are one sided) . if you dont sign it , you dont get the job.
I am not a lawyer , and this is my personal view out of the experience on being a H1
My 485 got approved on Aug 6th 2010 and I received my Approval notice on Aug 14h. I haven't received the card yet.
My 485 status changed from "Initial Review" to "Post Decision Activity".
Anyone with similar situation? Does anyone know what to do now or do I need to wait for USCIS to mail the card?
Thx
My 485 status changed from "Initial Review" to "Post Decision Activity".
Anyone with similar situation? Does anyone know what to do now or do I need to wait for USCIS to mail the card?
Thx
