vasu009
07-11 03:34 PM
Congresswoman Zoe Lofgren (D-CA), chair of the House Immigration Subcommittee, sent Secretary Chertoff a list of questions and a request for documents from USCIS to get to the bottom of the whole Visa Bulletin fiasco. The letter is very interesting not just because it puts a heck of a lot of pressure on DHS right now, but also because Lofgren's folks imply from the questions that USCIS was short circuiting established security clearance procedures to "pre-request" visa numbers from DOS. If it turns out full security clearances were not carried out, USCIS will either need to say that they had the legal justification (which would be a public relations disaster for the agency) or that they intended to complete the checks after the fact (which would be a direct violation of their own regulations). The only way to avoid answering the questions and to make this go away would be to eat crow and start working the case July cases.
http://blogs.ilw.com/gregsiskind/
Download letter_to_chertoff_re_visa_bulletin_issues_july_9_ 2007.pdf
http://blogs.ilw.com/gregsiskind/
Download letter_to_chertoff_re_visa_bulletin_issues_july_9_ 2007.pdf
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xela
04-23 01:16 AM
everyone that sent in for july 2nd was accepted they did not send them back.
I have rd july 2nd and my pd has been current no approval yet.....
just means they might look at your case....hopefully...
I have rd july 2nd and my pd has been current no approval yet.....
just means they might look at your case....hopefully...
jayram123
07-12 04:40 PM
We do not need new thread. Either close or change the title, please.
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Ann Ruben
07-05 09:02 PM
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
I hope this information is helpful,
Ann
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
I hope this information is helpful,
Ann
more...
shreekhand
12-08 10:53 PM
Good info Bpositive...
LPR coz you didn't present the card. Henceforth... when you re-enter using your physical GC, they will write ARC on the immigration stamp, that is, Alien Resident Card.
LPR coz you didn't present the card. Henceforth... when you re-enter using your physical GC, they will write ARC on the immigration stamp, that is, Alien Resident Card.
rajuram
06-06 09:32 AM
I also got the interview letter today in Dallas. mine is also PD Jul 2003, EB3 India
Did you see any LUDs in the recent past?
Did you see any LUDs in the recent past?
more...
lazycis
12-17 10:49 AM
The letter does not say anything. It just says that your I-485 is denied.
It does not give nay reason. It does not even say to appeal..
Thanks
The USCIS cannot do that. They are required to provide a reason for the denial by regulations. I've never seen a NOD without a letter with an explanation.
It does not give nay reason. It does not even say to appeal..
Thanks
The USCIS cannot do that. They are required to provide a reason for the denial by regulations. I've never seen a NOD without a letter with an explanation.
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vkrishn
08-27 08:13 PM
There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!
more...
desi3933
02-26 12:07 PM
Don't give advise, if you are not sure.
Nobody can file AOS, if they are out of status.
....
CONSULT A LAWYER.
Follow your own advice. You are incorrect here.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
Nobody can file AOS, if they are out of status.
....
CONSULT A LAWYER.
Follow your own advice. You are incorrect here.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
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ivjobs
11-09 01:48 PM
Just to keep the ideas about entrepreneurship and the group activity floating at a central place, a file has been created in the group. Any one who feels their ideas, thoughts and proposals are worth and benefit the VI entrepreneur community, please add them below. The team will review them frequently and try to implement as many as feasible in the best interests of the IV and the group.
Compilation of some of the ideas/thoughts already proposed by the entrepreneurship group members:
1. Create a Charter which describes our activities,what we want to do,
roles, responsibilities, How to address issues and conflicts among
members etc.
2. Establish a core team/board who will report to a chair and is
ultimately responsible for policies, actions etc.
3.Identify and assign responsibility to individual members
4.Clearly identify the chain of command (whose responsible for what
and who does final decision)
5. Also assign the charter/board to come up with a business plan, do
investment analysis etc for the group.
6. Chalk out any short term and long term initiatives such as
attracting and retaining folks, managing day to day affairs, sharing
the wealth of knowledge and profits.
7. Should we register a ivstartup.org domain?
its 9.99/yr at godaddy, so that we can move from an informal setup
like yahoo groups to a more formal setup...with our own forum and
all..
8.Also to meet the cost...lets have a $1 as a yearly fee (or 50
cent/month) or 10$ life long membership....that will cover the cost
of hosting.
9. Like the one proposed on IV about Housing Crisis and speedy green card approval for buying houses, why not we propose an agenda for speedy green card process for I 485 pending and aspiring/existing entrepreneurs?
10. Create a shared repository for the all the startup related information specifically targeting IV audience.
Please add in your thoughts to the above or visit
http://finance.groups.yahoo.com/group/ivstartup/files/
Compilation of some of the ideas/thoughts already proposed by the entrepreneurship group members:
1. Create a Charter which describes our activities,what we want to do,
roles, responsibilities, How to address issues and conflicts among
members etc.
2. Establish a core team/board who will report to a chair and is
ultimately responsible for policies, actions etc.
3.Identify and assign responsibility to individual members
4.Clearly identify the chain of command (whose responsible for what
and who does final decision)
5. Also assign the charter/board to come up with a business plan, do
investment analysis etc for the group.
6. Chalk out any short term and long term initiatives such as
attracting and retaining folks, managing day to day affairs, sharing
the wealth of knowledge and profits.
7. Should we register a ivstartup.org domain?
its 9.99/yr at godaddy, so that we can move from an informal setup
like yahoo groups to a more formal setup...with our own forum and
all..
8.Also to meet the cost...lets have a $1 as a yearly fee (or 50
cent/month) or 10$ life long membership....that will cover the cost
of hosting.
9. Like the one proposed on IV about Housing Crisis and speedy green card approval for buying houses, why not we propose an agenda for speedy green card process for I 485 pending and aspiring/existing entrepreneurs?
10. Create a shared repository for the all the startup related information specifically targeting IV audience.
Please add in your thoughts to the above or visit
http://finance.groups.yahoo.com/group/ivstartup/files/
more...
joelly
04-05 03:49 PM
I am not sure about the time frame, but your worst case scenario will be if your old company revoke your I-140, then you can't port your PD.
Another option for you is to stay in the same company and re-apply new LC under PERM with EB2 requirement this time. If you are willing to do this, then you won't have to worry about the possible revocation.
Good luck!!
Another option for you is to stay in the same company and re-apply new LC under PERM with EB2 requirement this time. If you are willing to do this, then you won't have to worry about the possible revocation.
Good luck!!
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gjoe
08-21 05:35 PM
Yes that is correct!
Are you a gemini? If this is also an yes I will go further to predict more
Are you a gemini? If this is also an yes I will go further to predict more
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sobers
02-08 02:58 PM
Intel chairman calls for immigration reform (Financial Times/ Feb 7, 2005)
http://msnbc.msn.com/id/11221265/
Craig Barrett, chairman of Intel, the world's largest semiconductor maker, called for comprehensive immigration reform to make the US more competitive, during a live question-and-answer session on FT.com.
Mr Barrett, one of a number of technology leaders including Bill Gates to have criticised restrictions on foreign workers in the US, said the first step in simplifying the immigration process would be "to replace the current arbitrary quota system with an open market type approach".
The US's H1-B visa allows foreign engineers and scientists to work on a temporary basis in the US but is capped at 65,000 a year. Mr Barrett said this was inadequate: the current quota had been exhausted and there could be no new admissions until another came into effect in October this year.
Mr Barrett said demand was also greater than supply for green cards that allowed permanent employment, with the cap at 140,000 a year and long processing delays meaning individuals having to wait up to seven years to obtain one.
"These arbitrary caps undercut business's ability to hire and retain the number of highly educated people in the fields where we need to maintain our leading position," he said.
"Instead of arbitrary caps, a market-based approach that responds to demand is needed."
The tabular content relating to this article is not available to view. Apologies in advance for the inconvenience caused.
Mr Barrett was asked by an Intel employee why his company had stopped sponsoring its workers for green cards between 2001 and 2004. The Intel chairman said this was during the longest and deepest recession in the semiconductor industry. It had been waiting for business conditions to improve before resuming the process.
"We should just staple a green card to every advanced degree granted to a foreign national from a US university in science and engineering," he said in another answer.
Mr Barrett also advocated improvements in the US education system to make America more competitive in technology fields.
"Today, we compare ourselves to our neighbours � California to Arizona, Texas to Florida, etc. We do not compare ourselves to the rest of the world and recognise that the bar of achievement, the level necessary for competitiveness is continually being raised."
Craig Barrett: America should open its doors wide to foreign talent
--------
IV Moderators- please use this information in your presentations.
http://msnbc.msn.com/id/11221265/
Craig Barrett, chairman of Intel, the world's largest semiconductor maker, called for comprehensive immigration reform to make the US more competitive, during a live question-and-answer session on FT.com.
Mr Barrett, one of a number of technology leaders including Bill Gates to have criticised restrictions on foreign workers in the US, said the first step in simplifying the immigration process would be "to replace the current arbitrary quota system with an open market type approach".
The US's H1-B visa allows foreign engineers and scientists to work on a temporary basis in the US but is capped at 65,000 a year. Mr Barrett said this was inadequate: the current quota had been exhausted and there could be no new admissions until another came into effect in October this year.
Mr Barrett said demand was also greater than supply for green cards that allowed permanent employment, with the cap at 140,000 a year and long processing delays meaning individuals having to wait up to seven years to obtain one.
"These arbitrary caps undercut business's ability to hire and retain the number of highly educated people in the fields where we need to maintain our leading position," he said.
"Instead of arbitrary caps, a market-based approach that responds to demand is needed."
The tabular content relating to this article is not available to view. Apologies in advance for the inconvenience caused.
Mr Barrett was asked by an Intel employee why his company had stopped sponsoring its workers for green cards between 2001 and 2004. The Intel chairman said this was during the longest and deepest recession in the semiconductor industry. It had been waiting for business conditions to improve before resuming the process.
"We should just staple a green card to every advanced degree granted to a foreign national from a US university in science and engineering," he said in another answer.
Mr Barrett also advocated improvements in the US education system to make America more competitive in technology fields.
"Today, we compare ourselves to our neighbours � California to Arizona, Texas to Florida, etc. We do not compare ourselves to the rest of the world and recognise that the bar of achievement, the level necessary for competitiveness is continually being raised."
Craig Barrett: America should open its doors wide to foreign talent
--------
IV Moderators- please use this information in your presentations.
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felix31
06-05 10:15 AM
My last annual H1B extension ritual (8th year) took 10 months. The corresponding H4 extension was approved in 1 month though. No RFEs etc. Go figure :)
I am gearing up for this year's ritual again now -- hope its less than 10 months this year ..
:eek: USCIS defies all logic. Good luck to you!!
We figured if we file h1 and H4 together under premium processing, both cases will be processed as premium (at least that was our previous experience - 3 times in the past).
H1 (7th yrs) extension was processed within 10 days, my h4 is dragging for almost 3 full months. RFE said that they want to see copy of 7th yr h1 approval...:mad:
The only good thing is that hubby's I-140 has been recently approved so at least we will have time to recuperate and then file for 3 yrs extension around Christmas.
And if we are lucky:D Canada PR will arrive before we celebrate our 9yrs in US.
I do not think we will stick around forever, if CIR does not survive conference...no point in slaving 4 more yrs till our PD becomes current..
I am gearing up for this year's ritual again now -- hope its less than 10 months this year ..
:eek: USCIS defies all logic. Good luck to you!!
We figured if we file h1 and H4 together under premium processing, both cases will be processed as premium (at least that was our previous experience - 3 times in the past).
H1 (7th yrs) extension was processed within 10 days, my h4 is dragging for almost 3 full months. RFE said that they want to see copy of 7th yr h1 approval...:mad:
The only good thing is that hubby's I-140 has been recently approved so at least we will have time to recuperate and then file for 3 yrs extension around Christmas.
And if we are lucky:D Canada PR will arrive before we celebrate our 9yrs in US.
I do not think we will stick around forever, if CIR does not survive conference...no point in slaving 4 more yrs till our PD becomes current..
more...
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Macaca
03-28 05:09 PM
You can't have an F1 AND an H1.
Is part-time H1 and full-time student without F1, a problem with Univ.?
Is part-time H1 and full-time student without F1, a problem with Univ.?
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rockstart
02-20 07:14 PM
I submitted my passport renewal in december 09 and received my new passport in feb 10. Exactly 3 months to the date. Its a pretty slow process. Initially they gave me a Jan date to pick the passport ( I did not personally not via mail) and when I went there they said they had not received police clearance from India (no change in house or any info from old passport) but good part was they said they will call me when the passport is ready and they did call. Other wise there is no way to contact them. The phone just rings and rings and message box is full.
more...
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ivjobs
11-09 08:33 PM
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nousername
02-24 07:23 PM
It clearly says "evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience."
The above person is called a professor.
USCIS wants to know from a professor whether the job profile really needs the degree's you have i.e. is that a good match?
I'm an analyst myself and was asked if MBA is relevant to what the job is. Any educated person can answer that question but USCIS wanted a letter from some professor. If you attorney can not do it then approach your old professors and tell them that you need a letter stating that the job profile you have requires the degree which you also have.. Makes sense??? More like a recommendation letter without actually stating your name.
Hi NoUserName,
here more details:
Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst
My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.
I really confused how to answer this query, if you have any ideal please help me
The above person is called a professor.
USCIS wants to know from a professor whether the job profile really needs the degree's you have i.e. is that a good match?
I'm an analyst myself and was asked if MBA is relevant to what the job is. Any educated person can answer that question but USCIS wanted a letter from some professor. If you attorney can not do it then approach your old professors and tell them that you need a letter stating that the job profile you have requires the degree which you also have.. Makes sense??? More like a recommendation letter without actually stating your name.
Hi NoUserName,
here more details:
Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst
My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.
I really confused how to answer this query, if you have any ideal please help me
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yestogc
07-02 09:11 PM
If your original H1B has expired and extension has been denied then you cannot work until MTR is approved.
It is not stated anywhere how much time someone gets after his petition is denied, but you can take it anywhere between 30-45 days.
Do you have EAD ?
It is not stated anywhere how much time someone gets after his petition is denied, but you can take it anywhere between 30-45 days.
Do you have EAD ?
TwinkleM
06-24 12:14 AM
My H1 filed & approved thorugh company A from October 2004.
H1 then transferred to company B & approved from Nov 2005.
My GC process (EB3 Category) started & labor filed through company C for future job in Feb 2006. Labor approved & I-140 filed in June 2006. RFE received in April 2007 & documents received by INS in May 2007. SINCE THEN I-140 is pending... I-485 & EAD filed in July fiasco. EAD approved and renewed once. Valid until september 2010.
My H1 extension through company B denied in Jan 2009 (H1 expired in september 2008). MTR filed in Feb 2009, still pending. This made my EAD active as I have continued working for company B.
Another H1 filed through company C (GC sponsoring company) in April 2009 and RFE notice dated 23rd June, 2009 yet to be received.
In the process of filing 2nd labor through Comapny C ( same company), but this time under EB2 category.
At this point, my questions are:
1) Since my new H1 is through my GC sponsoring company, will RFE for H1 impact old GC process & new GC process?
2) Is my old pending I-140 eligible for premium processing since it is stuck for almost 3 years now? If yes, is it worth doing it?
The reason I want to get my old I-140 to be approved so that I can retain my old priority date.
Experts please share some knwoledge and suggest the steps best for my situation....Am really stressed out...
Thank You in advance...
H1 then transferred to company B & approved from Nov 2005.
My GC process (EB3 Category) started & labor filed through company C for future job in Feb 2006. Labor approved & I-140 filed in June 2006. RFE received in April 2007 & documents received by INS in May 2007. SINCE THEN I-140 is pending... I-485 & EAD filed in July fiasco. EAD approved and renewed once. Valid until september 2010.
My H1 extension through company B denied in Jan 2009 (H1 expired in september 2008). MTR filed in Feb 2009, still pending. This made my EAD active as I have continued working for company B.
Another H1 filed through company C (GC sponsoring company) in April 2009 and RFE notice dated 23rd June, 2009 yet to be received.
In the process of filing 2nd labor through Comapny C ( same company), but this time under EB2 category.
At this point, my questions are:
1) Since my new H1 is through my GC sponsoring company, will RFE for H1 impact old GC process & new GC process?
2) Is my old pending I-140 eligible for premium processing since it is stuck for almost 3 years now? If yes, is it worth doing it?
The reason I want to get my old I-140 to be approved so that I can retain my old priority date.
Experts please share some knwoledge and suggest the steps best for my situation....Am really stressed out...
Thank You in advance...
ivjobs
11-10 10:02 AM
Couple of polls have been started in the entrepreneurship group. Please follow the below link to participate
http://finance.groups.yahoo.com/group/ivstartup/polls
http://finance.groups.yahoo.com/group/ivstartup/polls
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