needhelp!
03-05 09:32 AM
I find it weird that they cannot find the info by country of chargeability. That should have been entered when they receipted the AOS applications, right?
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amitjoey
02-08 03:40 PM
chitta123, do not panic. You are in a better situation overall. Find an employer willing to sponsor your H1 and greencard. Start H1 Process (transfer). You will get a new H1- with date of April 2008. Start working as soon as you get a receipt date.
Also start new perm-labor with new employer. apply I-140 with and ask to retain old PD date from employer A -I-140 (Old employer). Since Employer A has laid you off (guessing that they were out of work for you), they cannot and will not benefit from revoking the I-140. Since they cannot use it to hire any other foreigner, since they just layed off.
There might be some other easy way you can do this. Please do not take my views as legal advice. Consult a lawyer (good one) immediately.
Also start new perm-labor with new employer. apply I-140 with and ask to retain old PD date from employer A -I-140 (Old employer). Since Employer A has laid you off (guessing that they were out of work for you), they cannot and will not benefit from revoking the I-140. Since they cannot use it to hire any other foreigner, since they just layed off.
There might be some other easy way you can do this. Please do not take my views as legal advice. Consult a lawyer (good one) immediately.
Marphad
01-13 10:07 AM
...I will donate minimum $100 for the cause.
You can't donate for a particular cause on IV. You donate and core team decides depends on priority what to do with that money.
You can't donate for a particular cause on IV. You donate and core team decides depends on priority what to do with that money.
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bfadlia
01-14 06:27 PM
So what? Just because they came and skewed the lines doesn't mean you can choose where you're born or when. the rule is unfair wihtout any reason. there is no graceful solution short of removing the quotas. anyway I doubt fairness is the reason you're so fond of this quota.
Here's a one step way to quit.
1. Accept that the reason you're defending this useless rule is that it benefits you.
Sure.. if you say so.. y didn't u say that earlier.. jeez
It's official guys, we ROWs only argue for the sake of our self servient morality or lack thereof, while all others are on a Utopian conquest of fairness..
Never mind, good luck to everyone and sorry for time wasted thinking we were having a conversation
Good bye :)
Here's a one step way to quit.
1. Accept that the reason you're defending this useless rule is that it benefits you.
Sure.. if you say so.. y didn't u say that earlier.. jeez
It's official guys, we ROWs only argue for the sake of our self servient morality or lack thereof, while all others are on a Utopian conquest of fairness..
Never mind, good luck to everyone and sorry for time wasted thinking we were having a conversation
Good bye :)
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mohican
03-16 06:47 PM
WHAT ARE THE NEXT STEPS--URGENT HELP!!!
My MTR was reconsidered--what a relief. Here is the response:
"Service motion to reopen or reconsider:
In the case at hand, the I-485 was denied because the underlying I-140 was revoked. However, the applicant is eligible for portability consideration under Ac21. Therefore, the applicant should have been notified of this eligibility before any final adverse action was taken on his I485. Pursuant to Part 103.5, Title 8, Code of Federal Regulations, the denied I-140 petition referenced above has been reopened/reconsidered."
My attorney says that what this means is that only my I140 that was revoked is now open and they have yet to make a decision on I485.
My question to fellow members of this forum:
1. Has any of you recived similar response to your MTR filing against wrongful I485 denial
2. Please note that my case is slightly peculiar in that the I140 was revoked and aproved labor certification was substitued--if some one was in similar situation, please respond with specifics?
My MTR was recieved my TSC on Feb 9th, i received receipt notice on Feb 16th and final approval was made on March 10th and the letter arrived on March 16th. I am glad and thankful that they understood the urgency of my situation. Now the hunt starts for NEXT STEPS?
My MTR was reconsidered--what a relief. Here is the response:
"Service motion to reopen or reconsider:
In the case at hand, the I-485 was denied because the underlying I-140 was revoked. However, the applicant is eligible for portability consideration under Ac21. Therefore, the applicant should have been notified of this eligibility before any final adverse action was taken on his I485. Pursuant to Part 103.5, Title 8, Code of Federal Regulations, the denied I-140 petition referenced above has been reopened/reconsidered."
My attorney says that what this means is that only my I140 that was revoked is now open and they have yet to make a decision on I485.
My question to fellow members of this forum:
1. Has any of you recived similar response to your MTR filing against wrongful I485 denial
2. Please note that my case is slightly peculiar in that the I140 was revoked and aproved labor certification was substitued--if some one was in similar situation, please respond with specifics?
My MTR was recieved my TSC on Feb 9th, i received receipt notice on Feb 16th and final approval was made on March 10th and the letter arrived on March 16th. I am glad and thankful that they understood the urgency of my situation. Now the hunt starts for NEXT STEPS?
nat23
06-26 02:13 PM
We need 15 more senators to switch to NO for this to fail (not just 5). There will not be another cloture. This cloture gives 30 hours of time to debate those 24 amendments. Then there will be a final vote for the bill with 50+ votes passing the bill. Remenber Dick Cheney, the tie breaker. So we ought to have 51 NO votes.
I beg to differ but there will be another Cloture vote on thursday evening after which they are going to limit the debate and then have a final vote on the bill.
I beg to differ but there will be another Cloture vote on thursday evening after which they are going to limit the debate and then have a final vote on the bill.
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snathan
07-22 11:22 AM
I'm a South Indian and I have never had issues with Hindi or Hindi-speaking people. In fact, many of my friends are Hindi-speaking and I'm quite well-versed with the language as well (why not?). You cannot make a blanket statement saying that everyone speaking a particular language is rude or has bad attitude. Just goes to show one's ignorance.
Just look around and see what's keeping this country together? You can move from NY to LA without having to think twice. Try doing that back home ;)
THINK!
Again its personal choice, desire and necessity.
Just look around and see what's keeping this country together? You can move from NY to LA without having to think twice. Try doing that back home ;)
THINK!
Again its personal choice, desire and necessity.
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risker
07-20 05:40 PM
I am with you buddy, but u have to understand
1. AILF will not file such case as they dont have big numbers of people supporting it as plaintiff
2. Your reasons are justified but you forgot one thing: US govt agencies (whether it is USCIS, DOS or DOL) treat immigrants as with the principle "beggars are not choosers", so per them you as an individual and your feelings doesnt matter much
3. Try to think positively, even though everyone will file 485 now but come Oct and if your labor is approved by that time you will be much ahead of everyone and you will not loose your place in the line. I am sure u will get GC approval before most of the July filers
Stay positive, stay calm. May God bless you!!
Again, sorry to say, but you are looking for excuses. I am looking for reasons. I know there are enough people out there to support this case. It is a simple matter of people spreading the word and jumping into the bandwagon.
I don't care whether they consider us as beggers or kings or whatever. It doesn't matter to me. It is a justified case and we have to put up a fight.
So please don't give excuses. That is not what I am looking for here. We might have a 1000 excuses for not filing a case, but only one reason to file it. We want justice. This can't go unheard or unnoticed.
1. AILF will not file such case as they dont have big numbers of people supporting it as plaintiff
2. Your reasons are justified but you forgot one thing: US govt agencies (whether it is USCIS, DOS or DOL) treat immigrants as with the principle "beggars are not choosers", so per them you as an individual and your feelings doesnt matter much
3. Try to think positively, even though everyone will file 485 now but come Oct and if your labor is approved by that time you will be much ahead of everyone and you will not loose your place in the line. I am sure u will get GC approval before most of the July filers
Stay positive, stay calm. May God bless you!!
Again, sorry to say, but you are looking for excuses. I am looking for reasons. I know there are enough people out there to support this case. It is a simple matter of people spreading the word and jumping into the bandwagon.
I don't care whether they consider us as beggers or kings or whatever. It doesn't matter to me. It is a justified case and we have to put up a fight.
So please don't give excuses. That is not what I am looking for here. We might have a 1000 excuses for not filing a case, but only one reason to file it. We want justice. This can't go unheard or unnoticed.
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danu2007
06-23 04:49 PM
Called just now..
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kopra
09-12 11:32 AM
I think Both Sen.Obama and Sen.McCain are interested in legal Immigration. Mitt Romney was a big Advocate of legal Immigration. But of course, these are not the priority Items for both the candidates and also have to reassure the citizens that they will create new Jobs. Both of their plans will not affect Outsourcing
Sen. Obama Proposes to end the tax breaks for companies who outsource their work to other countries. This will not have any Significant effect on Outsourcing, as companies save much more by outsourcing , than tax breaks.
Sen. McCain already said that the lost jobs are lost, he will invest in re-training the workforce and find new areas of employment which cannot be outsourced.
I dont expect this Question to be heard in the forthcoming debates , as this Question was asked since the interview was conducted in Columbia Univ( University who supports EB Immigration)
Seriously...both r of no use as far as legal immigration is concerned
Sen. Obama Proposes to end the tax breaks for companies who outsource their work to other countries. This will not have any Significant effect on Outsourcing, as companies save much more by outsourcing , than tax breaks.
Sen. McCain already said that the lost jobs are lost, he will invest in re-training the workforce and find new areas of employment which cannot be outsourced.
I dont expect this Question to be heard in the forthcoming debates , as this Question was asked since the interview was conducted in Columbia Univ( University who supports EB Immigration)
Seriously...both r of no use as far as legal immigration is concerned
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grupak
06-27 02:15 PM
^^^^
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arunmurthy
09-30 07:26 PM
Is this a serious discussion on the immigration portal about airlines.
Why don't you shut the fuck up!!@#@# and get on with your "SERIOUS DISCUSSION" about AI, Vonage,Lingo, Shahrukh Khan etc etc etc..
Serious!! yeah damn serious to be on this forum... guy like you are a shame and disgrace to the whole community where they just can't contribute but yes can definitely try to distract, deviate and derail the efforts.
You got all this bashing for the reason, I dun consider this conversation as "SERIOUS" and was trying to add up humor to lighten up the thread. But the A**H***E like you and other 2( who gave you the green on the comment) are totally stupids to understand on where to discuss what.
I am proud donor of IV, if that makes you feel ashamed when you look at the mirror, then I can't help you.
You should show some decency in replying to posts. Otherwise it reflects where you come from.
By donating few dollars, you are not entitled to write anything on any forum. If you think that a thread is not for you, you should not post there.
If you are a proud donor, good for you. :)
But why dont you start a local chapter and do some field work instead of just writing a check and claiming yourself to be a superior guy to others.
Why don't you shut the fuck up!!@#@# and get on with your "SERIOUS DISCUSSION" about AI, Vonage,Lingo, Shahrukh Khan etc etc etc..
Serious!! yeah damn serious to be on this forum... guy like you are a shame and disgrace to the whole community where they just can't contribute but yes can definitely try to distract, deviate and derail the efforts.
You got all this bashing for the reason, I dun consider this conversation as "SERIOUS" and was trying to add up humor to lighten up the thread. But the A**H***E like you and other 2( who gave you the green on the comment) are totally stupids to understand on where to discuss what.
I am proud donor of IV, if that makes you feel ashamed when you look at the mirror, then I can't help you.
You should show some decency in replying to posts. Otherwise it reflects where you come from.
By donating few dollars, you are not entitled to write anything on any forum. If you think that a thread is not for you, you should not post there.
If you are a proud donor, good for you. :)
But why dont you start a local chapter and do some field work instead of just writing a check and claiming yourself to be a superior guy to others.
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alterego
03-21 03:12 PM
The more I read this form, the more I become disgruntled with this community! To say that someone from a lower class of visa and not from an "Oversubscribed country" (and I am assuming you mean India) is less skilled and less deserving than someone from a higher class and oversubscribed country is ludicrous to say the least. Each and everyone of us (and I mean "legal immigrants") have our own skill sets and contribute equally to the American society. As long as we are competent at what we do, then we are all SKILLED in our own way. The only real defining difference among the visa classes is the level of education not skill. To suggest one is better based on education alone is arrogance and nothing else!
The U.S. immigration system is not without its flaws and despite the delays and frustrations, it is FAIR! The per country limit is to ensure that citizens of ALL nations have an equal opportunity to immigrate to the U.S. and not just a select few. The only thing that I have found unfair as far as immigration in this country is concerned is the politicians' focused efforts to do something for the "illegal" immigrants at the expense of the "legal" immigrants.
We are all in this together and the insults and innuendos that dominate this forum divide us so let's stop them and focus on the real issues!
Not entirely correct. When as you say this country treats all Employment based immigrants equally, why set quotas, why distinguish between EB1, EB2 EB3 etc.
The point is there are rules and they tend to favor certain applicants over others in the queue. More education generally does mean more skill. It does not always mean more pay, but this country has decided to use education and work experience as the criterion for EB category allocation.
How can you say all nations have an equal opportunity to immigrate to the USA. That is patently false and you know it. Now you can defend it and say it is the US right to set its rules the way it wishes, and I can respect that, but to say it is equal opportunity is wrong.
What I have said all along is that EB immigration is to redound to the benefit of US EMPLOYERS not you or me. That is why the rules were skewed so much in their favor. Now, we agree there has been some abuse in this system, by those this system was meant to help, however its purpose remains intact. The rest of the rules are secondary to this intent, but nevertheless important.
The U.S. immigration system is not without its flaws and despite the delays and frustrations, it is FAIR! The per country limit is to ensure that citizens of ALL nations have an equal opportunity to immigrate to the U.S. and not just a select few. The only thing that I have found unfair as far as immigration in this country is concerned is the politicians' focused efforts to do something for the "illegal" immigrants at the expense of the "legal" immigrants.
We are all in this together and the insults and innuendos that dominate this forum divide us so let's stop them and focus on the real issues!
Not entirely correct. When as you say this country treats all Employment based immigrants equally, why set quotas, why distinguish between EB1, EB2 EB3 etc.
The point is there are rules and they tend to favor certain applicants over others in the queue. More education generally does mean more skill. It does not always mean more pay, but this country has decided to use education and work experience as the criterion for EB category allocation.
How can you say all nations have an equal opportunity to immigrate to the USA. That is patently false and you know it. Now you can defend it and say it is the US right to set its rules the way it wishes, and I can respect that, but to say it is equal opportunity is wrong.
What I have said all along is that EB immigration is to redound to the benefit of US EMPLOYERS not you or me. That is why the rules were skewed so much in their favor. Now, we agree there has been some abuse in this system, by those this system was meant to help, however its purpose remains intact. The rest of the rules are secondary to this intent, but nevertheless important.
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walking_dude
09-19 05:46 PM
Great post, explaining IVs efforts. Thumbs Up.
However, I don't think the critics will shut up. It's their job to be critical of everything, for no reason, including their own existence. It's a mentality that cannot be changed.
Strength respects strength. If we have the strength to do things and make a difference (rallies, meetings, receptions, press conferences, paid ads), then that strength begets more strenght because other powers want us to join hands with them so that they can do their favorite things (AgJobs, DREAM etc).
However, I don't think the critics will shut up. It's their job to be critical of everything, for no reason, including their own existence. It's a mentality that cannot be changed.
Strength respects strength. If we have the strength to do things and make a difference (rallies, meetings, receptions, press conferences, paid ads), then that strength begets more strenght because other powers want us to join hands with them so that they can do their favorite things (AgJobs, DREAM etc).
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amitjoey
05-24 01:00 PM
Thank you cnag, sguntaka, sreenivaskk, sanjay, glen, nmdial, coolpal for your contributions
The total is $5250
The total is $5250
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delhiguy79
07-22 12:57 AM
yea it is written but not in the secion of initial evidence ....
So its still a big confusion...............
So its still a big confusion...............
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eager_immi
02-12 10:54 PM
I agree with you, there are enough people who do h1b bashing really well, we are here to fight a cause let us do that right.
We do NOT support H1b increase without first reforming the EBsystem - we are neutral on this issue. There is nothing for us to gain by either supporting or opposing H1-b increase. We cannot support it because it worsens retrogression. We cannot oppose it for the simple reason that we are ourselves on H1-B. If someone thinks H1-B is bad, then how on earth can you justify giving GCs to these H1-Bs ? Why don't we start by deporting ourselves then ?
The reason zazona and numbers USA are "successful" is simply because they are citizens groups - and they have a sympathetic audience of folks who lost their jobs, as well as sympathetic mouthpieces like Lou FOULMOUTH. Politicians are bound to give weightage to these people's concerns (valid or not) if they wish to remain in power.
Lets leave H1-B bashing as an exercise to the zazona,foulmouth and co. We have scarce resources to begin with as it is, and they are best spent on something constuctive.Unfortunately, we do not seem to have any shortage of ideas on what new items IV should be working on.
We do NOT support H1b increase without first reforming the EBsystem - we are neutral on this issue. There is nothing for us to gain by either supporting or opposing H1-b increase. We cannot support it because it worsens retrogression. We cannot oppose it for the simple reason that we are ourselves on H1-B. If someone thinks H1-B is bad, then how on earth can you justify giving GCs to these H1-Bs ? Why don't we start by deporting ourselves then ?
The reason zazona and numbers USA are "successful" is simply because they are citizens groups - and they have a sympathetic audience of folks who lost their jobs, as well as sympathetic mouthpieces like Lou FOULMOUTH. Politicians are bound to give weightage to these people's concerns (valid or not) if they wish to remain in power.
Lets leave H1-B bashing as an exercise to the zazona,foulmouth and co. We have scarce resources to begin with as it is, and they are best spent on something constuctive.Unfortunately, we do not seem to have any shortage of ideas on what new items IV should be working on.
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Dhundhun
06-27 04:50 PM
i efiled on June 9th and finger scan and photo appt on July 7th. i hope they don't approve my application before then :rolleyes:
Did you sent photo? If not then you can be sure.
Did you sent photo? If not then you can be sure.
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dilber
07-07 01:04 PM
Pardon my ignorance but are these bills dead now? or are wee doing some new campaign? havent seen any new action Items or any thing. I have called and I am calling again to follow up should I keep doing this or we have some information othervise?
PD073102VA
03-19 10:49 PM
stucklabor,
I hope you are right and I am wrong. So, "special handling"
cases do not go through labor certification at all. Do professors have to go through "special handling" labor certification?
If you are right then it means that an advanced degree holder in STEM from a US school with 3 years of prior US experience will be able to apply for I-140 and I-485 right away.
Thanks for clarifying.
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
I hope you are right and I am wrong. So, "special handling"
cases do not go through labor certification at all. Do professors have to go through "special handling" labor certification?
If you are right then it means that an advanced degree holder in STEM from a US school with 3 years of prior US experience will be able to apply for I-140 and I-485 right away.
Thanks for clarifying.
Your interpretation is incorrect. An advanced degree holder from the US will not need labor certification. Please go through my and Appu's reasoning in earlier posts on this thread to understand why.
Per Frist's bill, an advanced degree holder in STEM with 3 years experience will be subject to special handling in labor cert. Your (iii) refers to this person. This person is not subject to the numerical quota.
An advanced STEM degree holder from the US does not need labor cert. This is because notwithstanding the applicant's admissiblity for permanent residence, the applicant can file for adjustment of status as long as he has an immigrant petition. "Applicant's admissibility for permanent residency" refers to labor cert for EB 2/3 workers - see section 212 of INA. So irrespective of labor cert, the advanced STEM degree holder from the US can file for Adjustment of Status and I140. However, this person is subject to numerical quota and has to wait for a green card number for 485 approval.
Put both the above paragraphs together - the advanced STEM degree holder from the US with 3 years experience has the best of both worlds - no labor cert, no quota, can file for I140 and I48.
gapala
03-20 08:12 PM
The H1B visa belongs, in effect, to the company that sponsors it. You cannot work for any other company on that visa other than sponsor. If this is a transfer, then, In a so-called "visa transfer" what actually happens is that the initial visa is cancelled in favor of another one issued for the new employer. What that means is OP's work with old employer is considered as "unauthorized work". Do not consider this as illegal presence, as his legal presence is controlled by a valid I-94.
you never worked for X and has been working w/o break with #2 ... u said, I believe.
Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.
If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
I hope you assume this as a new H1B not a transfer or else your post is wrong.
As long as you have had a valid h1b peition approved for employer 1 and employer 2 while you worked for them you are FINE.
According to my lawyer there is nuthing like a h1b transfer. When someone decides to move to a new sponsor that new sponsor files for a h1b via the petition but nuthing gets transfered, they need to refer to old h1b just to prove thatyou are legal and have been maintaining legal status.
Really?
in your case Employer X did so but you never joined that employer so you are fine. USCIS can get back to that emplyer if they have not cancelled your h1b as they are liable to pay you by law. Pay him? Correct, only if OP work for them :) Employee "no show" is not considered as employer problem, han he had to cancel the H1. !:)
For real as you had an approved petition (latest but not the greatest) from Employer X but did not join them you are fine as long as you were still holding a valid petition with Emp # 2. You should respond back to RFE stating that you were maintaining stauts via emp#2 and were offered a job by EmpX which you never accepted. As a proof you should sen copies of pay stub for enitre period and w-2 + peition and visa copies.
Hope this helps!:)
Once the H1 transfer application is approved, Employer 2 is not considered as sponsor but employer X. Hence work with Employer 2 is not authorized.
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, Correct, but its a change of sponsor and new sponsor is X.
so there is no question that you recent h1 is valid (Employer X after transfer) and past is invalid (employer #2) . I cannot agree with you more on this., but this is opposition to your earlier suggestion (see in red). Get an attorney, Good weekend !:)
you never worked for X and has been working w/o break with #2 ... u said, I believe.
Write to USCIS simple explanation and show a proof such as HR letter stating your presence on active payroll continusly for all the term and run it through attorney, if you have. Else put together logically framed chronologically ordered history. Attach W2's for the years and demonstrate un-broken timeline.
If their is nothing to hid or falsify, ... don't worry about anything. Good news is your case is active. People here ( no offense to anyone) will split hairs trying to answer simple issue. Keep it simple and truthfull and nothing adverse will happen.
I hope you assume this as a new H1B not a transfer or else your post is wrong.
As long as you have had a valid h1b peition approved for employer 1 and employer 2 while you worked for them you are FINE.
According to my lawyer there is nuthing like a h1b transfer. When someone decides to move to a new sponsor that new sponsor files for a h1b via the petition but nuthing gets transfered, they need to refer to old h1b just to prove thatyou are legal and have been maintaining legal status.
Really?
in your case Employer X did so but you never joined that employer so you are fine. USCIS can get back to that emplyer if they have not cancelled your h1b as they are liable to pay you by law. Pay him? Correct, only if OP work for them :) Employee "no show" is not considered as employer problem, han he had to cancel the H1. !:)
For real as you had an approved petition (latest but not the greatest) from Employer X but did not join them you are fine as long as you were still holding a valid petition with Emp # 2. You should respond back to RFE stating that you were maintaining stauts via emp#2 and were offered a job by EmpX which you never accepted. As a proof you should sen copies of pay stub for enitre period and w-2 + peition and visa copies.
Hope this helps!:)
Once the H1 transfer application is approved, Employer 2 is not considered as sponsor but employer X. Hence work with Employer 2 is not authorized.
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, Correct, but its a change of sponsor and new sponsor is X.
so there is no question that you recent h1 is valid (Employer X after transfer) and past is invalid (employer #2) . I cannot agree with you more on this., but this is opposition to your earlier suggestion (see in red). Get an attorney, Good weekend !:)
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