zCool
03-20 04:43 PM
IF USCIS revokes 140 for fraud, you got 2 issues
1. Definitely your 485 is revoked.. no way you can port 140 thro' AC21 if it's revoked for fraud, BUT that is sooooo far fetched.. more likely USCIS may question ability to pay or something or other that can be answered
2. In case of fraud, you have to prove your own innocence, meaning that you didn't have any part in the alleged fraud. Which again is rare scenario.
If you don't trust the company.. leave while you are ahead!
1. Definitely your 485 is revoked.. no way you can port 140 thro' AC21 if it's revoked for fraud, BUT that is sooooo far fetched.. more likely USCIS may question ability to pay or something or other that can be answered
2. In case of fraud, you have to prove your own innocence, meaning that you didn't have any part in the alleged fraud. Which again is rare scenario.
If you don't trust the company.. leave while you are ahead!
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desi3933
03-03 12:30 PM
Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.
Its not even for ENTIRE employment based category either.
As mentioned in the document, porting applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.
PD can NOT be ported for EB-4 and EB-5 either.
__________________
Not a legal advice.
Its not even for ENTIRE employment based category either.
As mentioned in the document, porting applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.
PD can NOT be ported for EB-4 and EB-5 either.
__________________
Not a legal advice.
logiclife
04-28 12:43 PM
This was a post I did 16 months ago, when Immigration Voice was 3 weeks old and no one knew anything about CIR of 2006.
As we have learned in 2006 and in last 16 months, it is not going to be possible to separate ourselves from illegal immigration no matter how much we try. Its just not going to happen.
There is some good news today from bloomberg:
http://www.bloomberg.com/apps/news?pid=20601087&sid=akTlfu6iVMK8&refer=home
As we have learned in 2006 and in last 16 months, it is not going to be possible to separate ourselves from illegal immigration no matter how much we try. Its just not going to happen.
There is some good news today from bloomberg:
http://www.bloomberg.com/apps/news?pid=20601087&sid=akTlfu6iVMK8&refer=home
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ilikekilo
04-13 10:10 AM
For me I never got a any communication directly from USCIS for the RFE.
folks, how does it matter anyways most proabbly u will go thru the lawyer, or else how will they make money..poor chaps!!!!:rolleyes:
folks, how does it matter anyways most proabbly u will go thru the lawyer, or else how will they make money..poor chaps!!!!:rolleyes:
more...
thomachan72
01-04 12:38 PM
Will take a look once I get home today:):)
SFGREG
February 2nd, 2004, 11:42 PM
Thanks for reply.
so it looks like my nikkor 35-80 af is supported full functionality.
Sigma 70-300 4/5.6 APO Macro Super for Nikon ---> not sure???
SB26 -> unsure so far (anyone know)
Its still early as we have a few months before release.. Be nice if I could use my current lenses. (and see about this lens that comes with camera for $300 more (if you opt for it)...
Craig
so it looks like my nikkor 35-80 af is supported full functionality.
Sigma 70-300 4/5.6 APO Macro Super for Nikon ---> not sure???
SB26 -> unsure so far (anyone know)
Its still early as we have a few months before release.. Be nice if I could use my current lenses. (and see about this lens that comes with camera for $300 more (if you opt for it)...
Craig
more...
GCAmigo
01-06 06:56 PM
Nope its not true.All she need is approved I-797.Visa Stamping is only required when she has to travel outside US and reenter.
I agree.. with perm2gc..
PL ask them if they would sponsor the trip & stamping costs..
I agree.. with perm2gc..
PL ask them if they would sponsor the trip & stamping costs..
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fastergcwanted
07-18 09:48 AM
Mr.Oh's opinion is flawed on many counts but most of all assuming what he says is correct, this delay will be/would have been the same either way. i.e the 750000 applicants will apply all at once or at regular intervals. The bright side is that spouses will get their EADs.
Mr.Oh also assumes that USCIS processing procedure and speed will not change.
It sounds like fluff reporting that popular media does. All fluff, no value.:D
Well..there would not have been 750,000 applications to start with if the dates were moved in line with visa numbers..slowly but surely. This would have meant USCIS resources in line with the incoming applications.
I hardly doubt after this forced backturn by USCIS..they would be even considering making it any faster......
I just feel there is no fair discussion on this topic because
1) Lawyer derive their money out of new filers (mostly 2006 and 2007)
2) Institutions like IV and others get their funding from new filers (as they are in majority)
Remember same thing happened when no one was fighting for the plight of people stuck in BPC...but they all cried about retrogression......
Are these lawyers even considering that there are serveral application still pending at BPCs....and they will be behind all this unfairly filed PERM applications ahead of them...
Grossly unfair...one would say
Mr.Oh also assumes that USCIS processing procedure and speed will not change.
It sounds like fluff reporting that popular media does. All fluff, no value.:D
Well..there would not have been 750,000 applications to start with if the dates were moved in line with visa numbers..slowly but surely. This would have meant USCIS resources in line with the incoming applications.
I hardly doubt after this forced backturn by USCIS..they would be even considering making it any faster......
I just feel there is no fair discussion on this topic because
1) Lawyer derive their money out of new filers (mostly 2006 and 2007)
2) Institutions like IV and others get their funding from new filers (as they are in majority)
Remember same thing happened when no one was fighting for the plight of people stuck in BPC...but they all cried about retrogression......
Are these lawyers even considering that there are serveral application still pending at BPCs....and they will be behind all this unfairly filed PERM applications ahead of them...
Grossly unfair...one would say
more...
ivar
03-31 05:16 PM
Hi All,
I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions
Am I out of status?
Company A visa is valid till september 2009, so can I go back to Company A?
If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
What is the chances that Company B appeal for the denial and get it stamped in these situation?
What are my other options?
Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...
From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions
Am I out of status?
Company A visa is valid till september 2009, so can I go back to Company A?
If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
What is the chances that Company B appeal for the denial and get it stamped in these situation?
What are my other options?
Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...
From your post it seems your H1b transfer was denied and not H1b extension, i think you should correct the title.
If you go to company A then you will have to file H1b transfer again with company A. I think you can file an appeal in the meain time continue working for company B for 240 days (I am not sure of this but confirm with IV gurus or attorney).
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willigetagc
08-17 02:32 PM
just remember to carefully preserve all payslips, email communications, and all other docs from this period. If and when you file for GC, you MAY need these docs.
But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.
But, otherwise, your case is straightforward. As long as you send the H1 transfer to CIS before you are terminated/resign from B, you status will continue uninterrupted... So you are ok.
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eb3_nepa
07-21 09:49 AM
EB3_NEPA
As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.
And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.
If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...
I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.
Hope this helps...
:( That sucks, but thanks for the info.
As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.
And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.
If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...
I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.
Hope this helps...
:( That sucks, but thanks for the info.
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Humhongekamyab
08-21 11:24 AM
once and for all.. the adjudicators dont answer calls. its just cust service people...who are contractors. so if u dont call them.. all they will be doing is sitting around doing nothing.
Stop spreading misinformation. Why do they have 1800 number if the have a same set of person sitting at the US CIS office and the reason why the 1800 ppl do not transfer every call to the US CIS is because they don't want to disturb them. It is exactly because of information like this that the processing is getting delayed. The official stance of the US CIS is that you should contact 1800 number, period. If you have a written/published link which says that the ppl sitting at the service center are NOT adjudicators and are there to provide status updates then kindly share otherwise please do not spread rumours. Further if the IIO are there to provide status updates then why all of a sudden they have stopped doing that?
Stop spreading misinformation. Why do they have 1800 number if the have a same set of person sitting at the US CIS office and the reason why the 1800 ppl do not transfer every call to the US CIS is because they don't want to disturb them. It is exactly because of information like this that the processing is getting delayed. The official stance of the US CIS is that you should contact 1800 number, period. If you have a written/published link which says that the ppl sitting at the service center are NOT adjudicators and are there to provide status updates then kindly share otherwise please do not spread rumours. Further if the IIO are there to provide status updates then why all of a sudden they have stopped doing that?
more...
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a_yaja
06-18 12:34 PM
babu123
When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..
I was in a similar but totally different situation. I wanted to use the experience as a Grad. Assistant for my I-140 stage. The problem was, my professor was no longer with the University. My lawyer suggested that I obtain a letter from the professor on a plain paper and make sure that it is notarized. The letter had his address and cell phone number and "Formerly, Asst. Professor at xxx Iniv".
There was no issue with the I-140 approval.
When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..
I was in a similar but totally different situation. I wanted to use the experience as a Grad. Assistant for my I-140 stage. The problem was, my professor was no longer with the University. My lawyer suggested that I obtain a letter from the professor on a plain paper and make sure that it is notarized. The letter had his address and cell phone number and "Formerly, Asst. Professor at xxx Iniv".
There was no issue with the I-140 approval.
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gsc999
01-18 02:09 PM
waiting, just sent you a pm with details.
Guys, couple of things:
- If you are trying to join the Nor. Cal. Yahoo group, please include your phone number in your request.
- I have added a poll to get a better idea on the number of people
- Feel free to bring your spouse/kids/friends to this event
Cheers!
Guys, couple of things:
- If you are trying to join the Nor. Cal. Yahoo group, please include your phone number in your request.
- I have added a poll to get a better idea on the number of people
- Feel free to bring your spouse/kids/friends to this event
Cheers!
more...
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vts31
10-22 04:17 PM
i always start a drawing or anything, with primitives. Usually circles and curves because they are organik..if i want something more rigid i uses cubes...then i try to visualize that primitives potential and how i can link it to something else alter in the composition...after i do that 1 of 2 things happen, I either do it or i get scared ima ruin it and just go work on something else.
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GCBy3000
07-25 05:25 PM
I got promoted to managerial position and I got depromoted back during my H1 extn time when the company attorney noticed the change in my title. He politiely conferenced me and HR and said it is not acceptable as my GC is pending unless otherwise my company is willing to put me back in the LC position during my AOS filing. My duties change d as my title change, but I was still doing 50% of what was explained in the LC. Again there was no other pun intended reason for my demotion to make it clear. Each attorney is different, but it scews the candidates since the company HR listens to them as they are liable for it.
Yes that is right the job responsibilities can increase. For my case the labor was filed for engineer position but I am on a manager level now and title has changed. My responsibilities have increased means i have all resp advertised + more and lawyer said OK.
Yes that is right the job responsibilities can increase. For my case the labor was filed for engineer position but I am on a manager level now and title has changed. My responsibilities have increased means i have all resp advertised + more and lawyer said OK.
more...
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Jaime
02-02 05:35 PM
No way this amnesty would pass. This will end up in the ash heap of unpassed bills.
Yes but there is a section that says that you have to prove that you are admissible as an immigrant (I would like to think that means that you are not an illegal alien!) read here:
`(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph
But who knows!
Anyway, it's positive that at least there is some "buzz" in the air
I hope that Janet Napolitano and team will want to show quick fixes in order to differentiate themselves from the terrible Bush administration. Fixing legal immigration is relatively low-hanging fruit and way less controversial than Illegal imm. Thoughts? I am full of hope
Yes but there is a section that says that you have to prove that you are admissible as an immigrant (I would like to think that means that you are not an illegal alien!) read here:
`(1) IN GENERAL- The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph
But who knows!
Anyway, it's positive that at least there is some "buzz" in the air
I hope that Janet Napolitano and team will want to show quick fixes in order to differentiate themselves from the terrible Bush administration. Fixing legal immigration is relatively low-hanging fruit and way less controversial than Illegal imm. Thoughts? I am full of hope
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hello
04-14 12:36 PM
Hope we can get more people here.
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maverick_iv
11-27 02:03 PM
There were two ways to substitute a labor. One by applying for an I-140 with an approved labor certification. Another way was to substitute the beneficiary name in a pending labor certification application. Maybe thats what the company lawyer did.
For the latter, I am not sure if one needs the beneficiary's signature to do so. One way to check is to ask the company's lawyer for the case number and you could check the status. If the labor is pending with one of the BECs you could request for a screenshot of the case status and that would have the beneficiary's name. But since the BECs are being phased out, I am not sure if they still honor status requests.
My friend is in India during the July 15 period. He is being told by the consulting firm that they have applied for Labor Substitution. All I know about labor substitution is that you have to apply for I 140 along with the approved labor sheet that company gets from DOL. The company Lawyer kept saying that they have sent it to DOL for substitution. I just want to clarify that there is no other way of substitution other than applying I 140.
Thank you
For the latter, I am not sure if one needs the beneficiary's signature to do so. One way to check is to ask the company's lawyer for the case number and you could check the status. If the labor is pending with one of the BECs you could request for a screenshot of the case status and that would have the beneficiary's name. But since the BECs are being phased out, I am not sure if they still honor status requests.
My friend is in India during the July 15 period. He is being told by the consulting firm that they have applied for Labor Substitution. All I know about labor substitution is that you have to apply for I 140 along with the approved labor sheet that company gets from DOL. The company Lawyer kept saying that they have sent it to DOL for substitution. I just want to clarify that there is no other way of substitution other than applying I 140.
Thank you
rajenk
08-14 05:18 PM
Thank you all.
Today I called USCIS and the CSR (Customer Service Representative) said, to receipt applications USCIS might take 90 days. And he said I am lucky to get my receipts!!! (I filed on July 2nd!) My wife's receipts will be sent once they enter her application and validate it. He cannot track my wife's application status based on my receipt number. It looks like USCIS needs good DBAs to design and normalize their tables and Data base!!
I'll wait, and will check with my lawyer to see if they can verify with the cashed check.
Thanks
Raj
Today I called USCIS and the CSR (Customer Service Representative) said, to receipt applications USCIS might take 90 days. And he said I am lucky to get my receipts!!! (I filed on July 2nd!) My wife's receipts will be sent once they enter her application and validate it. He cannot track my wife's application status based on my receipt number. It looks like USCIS needs good DBAs to design and normalize their tables and Data base!!
I'll wait, and will check with my lawyer to see if they can verify with the cashed check.
Thanks
Raj
gc28262
03-26 09:28 PM
I never heard this? Any references to confirm this?
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.
http://smithgarg.com/article-overcoming-violations.aspx
Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.
http://smithgarg.com/article-overcoming-violations.aspx
Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.
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