gsk_73
03-16 09:27 PM
During my H-1B visa interview at the Delhi Consulate I was told that my Visa is approved but some additional documents are needed. A pink slip, 221(g), was given to me, I submitted all the documents same day. Its been a week and the online status shows 'case is being processed'. I also have a valid advanced parole and I am thinking of entering on AP if the 221(g) takes too long. My question is, the consulate still has my passport, will there be any issues if I ask my passport back? how long does it take to get the passport back? Will the passport be stamped for '221(g) in progress? what kind of issues I can have at the POE? Thanks in advance.
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Ramba
03-22 04:25 PM
In worst case, if 202-a5 was eliminated, do you thing EB visas will be diverted to FB? Will A3 give any protection to EB catagory? 202-a3 will give more protection for FB class due to 10 to 12 years of backlogs in 4th preference FB catagory? If so, it tottaly violates the quota in EB and FB class and there is no meaning of preference level.
Jaime
09-15 06:26 PM
People need to understand that there are some legislators who might want to push legislation favorable to us. They can only do it if they can convince other legislators who are on the fence that:
1) A lot of good people are affected by this. (legal,peaceful,high skilled etc) The crowd there(YOU) on Tuesday will speak to this.
2) They mean business, if we do not act they might leave and we need to act NOW to keep them here.(if many thousands of them can come from all parts of the country, they must be serious)
3) These guys have the support of their employers.(they got/took/were allowed time off from work)
Now in these points, can you see how a friendly lawmaker can use a big successful march to convince his colleagues? This will be like a massive tonic to all the lobbying IV has been doing behind the scenes.
Last year when hundreds of thousands of illegal immigrants took to the streets did you see the impact on legislators? One big difference here is we are legal. That will leave a more powerful impact if it is big.
This is a small price to pay, and it will help you tremendously to speed up the green card process. Lets show solidarity. Every one of us who goes to this will feel proud of the change we manage to bring. If this makes the national media in a big way, I am virtually certain we will get a favorable resolution to our issues. A lot of forces are with us here. Just look at the 13 governor signed letter. Just look at how hard the big high tech. companies are pushing this.
Well said!!!! An image is worth a thousand words! We ca write all we can and complain on here, but an image of thousands of peaceful protestors will stic in people's and legislator's minds, who will then be moved to action! THAT'S WHY WE NEED EVERYONE IN DC!!!!
1) A lot of good people are affected by this. (legal,peaceful,high skilled etc) The crowd there(YOU) on Tuesday will speak to this.
2) They mean business, if we do not act they might leave and we need to act NOW to keep them here.(if many thousands of them can come from all parts of the country, they must be serious)
3) These guys have the support of their employers.(they got/took/were allowed time off from work)
Now in these points, can you see how a friendly lawmaker can use a big successful march to convince his colleagues? This will be like a massive tonic to all the lobbying IV has been doing behind the scenes.
Last year when hundreds of thousands of illegal immigrants took to the streets did you see the impact on legislators? One big difference here is we are legal. That will leave a more powerful impact if it is big.
This is a small price to pay, and it will help you tremendously to speed up the green card process. Lets show solidarity. Every one of us who goes to this will feel proud of the change we manage to bring. If this makes the national media in a big way, I am virtually certain we will get a favorable resolution to our issues. A lot of forces are with us here. Just look at the 13 governor signed letter. Just look at how hard the big high tech. companies are pushing this.
Well said!!!! An image is worth a thousand words! We ca write all we can and complain on here, but an image of thousands of peaceful protestors will stic in people's and legislator's minds, who will then be moved to action! THAT'S WHY WE NEED EVERYONE IN DC!!!!
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glus
07-17 04:46 PM
Guys,
August visa bulletin does not look good, but see point D which states that I485 in in JULY will be accepted.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdraw
http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html:D
August visa bulletin does not look good, but see point D which states that I485 in in JULY will be accepted.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdraw
http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html:D
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eilsoe
10-16 09:50 AM
TIFA!!!!
immigration07
10-06 04:11 PM
finally approved... got magic emails this morning :D:D
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
I went thru all the arguments and counter arguments that this guy made. Some made sense others did not but the post attached below shows he is a piece of thrash full of vanity and arrogance. Just for yur info Mr. gctest getting into a second tier university in India and framing yur SOP with some thrash and sentiments will easily fetch yu a place in yur so called tier one UNiversities in US. I am sure you opted to do that as you were not able to get into any of the tier one B-schools or other similar place of higher learning in India because you did not have the grey matter in your head. Moreover students from those places come to US directly recruited by the companies in US (that too after paying a hefty placement fees per recruit and on a dual intent H1B visa) but unfortunately they too are in EB2 category............I am really happy that you got your GC and can merrily gloat about your academic proficiency and IQ level of "180" (but commonsense...) with much more freedom.
"gctest
Member Join Date: May 2008
Posts: 49
--------------------------------------------------------------------------------
Were you born in a dumpster? You are assuming so many things here.
Whatever Kumar1 may apply to some F-1 students, but not to the cream of the crop.
Nobody asked me if I have immigration intent... they saw that i had I-20 from Cornell, MIT & UMBC and simply asked "Why cornell?". And before i could say anything she smiled and said "welcome to united states"... hah..suck on that
i bet that "jangli maharaj university" you got your diploma from is making your entire family very proud
-------------------------------------------------------------------------------
Last edited by gctest : 10-03-2008 at 09:12 PM. "
How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)
I went thru all the arguments and counter arguments that this guy made. Some made sense others did not but the post attached below shows he is a piece of thrash full of vanity and arrogance. Just for yur info Mr. gctest getting into a second tier university in India and framing yur SOP with some thrash and sentiments will easily fetch yu a place in yur so called tier one UNiversities in US. I am sure you opted to do that as you were not able to get into any of the tier one B-schools or other similar place of higher learning in India because you did not have the grey matter in your head. Moreover students from those places come to US directly recruited by the companies in US (that too after paying a hefty placement fees per recruit and on a dual intent H1B visa) but unfortunately they too are in EB2 category............I am really happy that you got your GC and can merrily gloat about your academic proficiency and IQ level of "180" (but commonsense...) with much more freedom.
"gctest
Member Join Date: May 2008
Posts: 49
--------------------------------------------------------------------------------
Were you born in a dumpster? You are assuming so many things here.
Whatever Kumar1 may apply to some F-1 students, but not to the cream of the crop.
Nobody asked me if I have immigration intent... they saw that i had I-20 from Cornell, MIT & UMBC and simply asked "Why cornell?". And before i could say anything she smiled and said "welcome to united states"... hah..suck on that
i bet that "jangli maharaj university" you got your diploma from is making your entire family very proud
-------------------------------------------------------------------------------
Last edited by gctest : 10-03-2008 at 09:12 PM. "
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pappu
08-10 01:16 PM
Everyone. Calling and worrying about notices and checks is of no use. We are in constant communication with USCIS and they have told us that it will take about 40-60 days to clear the huge backlog for these notices and checks. So everyone needs to be patient. We have tried to explain several times but people keep opening threads or keep asking the same questions on various threads. Today everyone is tracking notices. Tommorrow we will all be tracking EADs and APs. By the time we get our EADs and APs, it will be time to apply for them again next year. So tracking of checks and notices will continue forever and will yield no productive result for our cause. We should be instead worried if the Greencard should come soon and if we dont have to keep applying for EADs and APs every year for the next 5-6 years. Is anyone worried about Namechecks and RFEs? Nobody. Instead of calling USCS we should be calling our lawmakers and ask them to fix the system. We should be working on making this rally successful so that we can all stop worrying about our notices and quickly get our greencards.
We should be worried that if the law does not pass soon, it is not likely to pass for another 2-3 years. And thus use that worry to help out with the rally.
Hope this helps reduce anxiety in everyone.
Please refer this post to anyone who is worried about notices and checks. It is mostly new members that are unaware of the history of the backlogs or the process worry about notices. Others then also start worrying about it seeing everyone worried and panic.
We should be worried that if the law does not pass soon, it is not likely to pass for another 2-3 years. And thus use that worry to help out with the rally.
Hope this helps reduce anxiety in everyone.
Please refer this post to anyone who is worried about notices and checks. It is mostly new members that are unaware of the history of the backlogs or the process worry about notices. Others then also start worrying about it seeing everyone worried and panic.
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optimist578
05-27 04:10 PM
Hi,
I Applied H1b 8th Year Extension on Jan 9th. Still waiting Anybody has this kind of situation? my Case number Starts with WAC
I Applied my H1b extn on Jan 9th , and i went to India on 18th Jan and came back on 18th Feb using my AP is this could be cause for the delay.
Please share your experiences and ideas
Thank You,
Raj.
Have you contacted USCIS Customer Service? What are they saying?
I Applied H1b 8th Year Extension on Jan 9th. Still waiting Anybody has this kind of situation? my Case number Starts with WAC
I Applied my H1b extn on Jan 9th , and i went to India on 18th Jan and came back on 18th Feb using my AP is this could be cause for the delay.
Please share your experiences and ideas
Thank You,
Raj.
Have you contacted USCIS Customer Service? What are they saying?
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geogeo
11-20 08:52 PM
my lawyer just wrote me they filed EB2 for me and told me this means my case will be audited because 'job requirements are not normal' according to DOL :(
That is, my employer is asking for a master's degree for the position and that they should not be asking for master's, but I was assured it would not be difficult to justify that the position requires master's. And this stupid process will take about 2 years on average. I want to screem
That is, my employer is asking for a master's degree for the position and that they should not be asking for master's, but I was assured it would not be difficult to justify that the position requires master's. And this stupid process will take about 2 years on average. I want to screem
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ItIsNotFunny
11-06 04:57 PM
Glad to see your initiatives. But our focus should be different.
The Economy is in very bad shape. Unemployement is rising. At this moment any bill that ask for GC number increase won't pass. We need to wait for atleast few months.
In the meantime as a temprory releif we should push the "Country quoto elimination bill" that does not increase GC numbers.
Also please take a look at my plan that I presented couple of weeks earlier. It is a compromise bill and I feel it has the best chance to pass during lameduck session. My plan gives at least some releif to people waiting for 7 years or waiting for months with PD current.
Please keep the spirit alive. Thanks.
You are right. I guess GC for House concept may fly. Guys, think over it!
The Economy is in very bad shape. Unemployement is rising. At this moment any bill that ask for GC number increase won't pass. We need to wait for atleast few months.
In the meantime as a temprory releif we should push the "Country quoto elimination bill" that does not increase GC numbers.
Also please take a look at my plan that I presented couple of weeks earlier. It is a compromise bill and I feel it has the best chance to pass during lameduck session. My plan gives at least some releif to people waiting for 7 years or waiting for months with PD current.
Please keep the spirit alive. Thanks.
You are right. I guess GC for House concept may fly. Guys, think over it!
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validIV
04-27 02:58 PM
My I-140 receipt date is Feb'20 2009..
Dont you mean 2008 like it says on your profile?
Dont you mean 2008 like it says on your profile?
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lazycis
01-15 11:04 AM
See also
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
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paskal
05-30 08:46 PM
ramus
how do i know whether the webfax i sent went only to my state or to all senators with the new method? when did the system change?
how do i know whether the webfax i sent went only to my state or to all senators with the new method? when did the system change?
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uimv
03-14 12:18 PM
So what exactly is meant by this switching? How/What does it affect? Where or how you/company/USICS decide whether you are on H1 or EAD?
Switch from H1 to EAD is done by filling out new I-9 form for EAD.
Switch from H1 to EAD is done by filling out new I-9 form for EAD.
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snathan
09-30 09:35 AM
Yes, I am a USC, but the Fiance Visa would mean she has to go back to China and wait.
Its possible the IO at POE can deny the entry. So its advisable to get married and follow your attorney's guide.
Its possible the IO at POE can deny the entry. So its advisable to get married and follow your attorney's guide.
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GCKaMaara
12-03 02:19 PM
Good news obviously but I would not jump on it. 2 reasons - we need to make sure they don't keep this practice & second, I don't trust the source of information 100% based on past information.
I support ItIsNotFunny, PD_Recapturing, NK2006..... for their efforts on AC21 issue.
This in from Ron Gotcher website....I guess they are reading our letters.....
Good news concerning AOS denials based on I-140 revocations
--------------------------------------------------------------------------------
__________________
I support ItIsNotFunny, PD_Recapturing, NK2006..... for their efforts on AC21 issue.
This in from Ron Gotcher website....I guess they are reading our letters.....
Good news concerning AOS denials based on I-140 revocations
--------------------------------------------------------------------------------
__________________
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GCHope2011
09-12 11:01 PM
Hi, I have a quite strange situation here:
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
Yes, your inference is correct as your 485 (and therefore EAD, AP) is based on an I-140 petition that was denied.
Which means that all status and benefits that are based on the underlying I-140 petition become null and void.
You should definitely consult a lawyer to understand what options you have now.
I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.
I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.
The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.
Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?
Thanks for all you comments.
Yes, your inference is correct as your 485 (and therefore EAD, AP) is based on an I-140 petition that was denied.
Which means that all status and benefits that are based on the underlying I-140 petition become null and void.
You should definitely consult a lawyer to understand what options you have now.
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07-23 12:38 PM
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gcpain
07-24 02:44 PM
I did not realize this before and even my attorney did not tell me anything about this. what is the requiremnet for passport to apply I485? same time my application was mailed today afternoon in registered post. If there is slight chance of rejecting I want to call back my application and applying with new passport. what you guys think about this?
vin13
03-09 01:17 PM
Ok, so one can own but not run a business with H1B, but can own and run with EAD,right?
Thanks!!
Right, one can own but not run a business with H1-B, but can own and run with EAD.
Thanks!!
Right, one can own but not run a business with H1-B, but can own and run with EAD.
nogc12
08-03 06:08 PM
I dont think the three year extension has anything to do with 485. If your 140 is approved you get 3 years if there is no visa number is available for you. No need to be U.
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