roseball
04-02 12:53 PM
Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
What your attorney is suggesting I believe is the right approach at this time. I would consult a reputed attorney and take his/her advise before taking any action. I would also have your company start a new PERM case in parallel, just incase. Yes, ETA-750 provides a little more flexibility w.r.t EB2 to EB3 downgrades when compared to 9089, but it depends on the educational requirements mentioned on the form. But your approach should be to get I-485 approval based on earlier I-140 and if that doesn't work out, then request for a downgrade. Hope it works out for you, good luck.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
What your attorney is suggesting I believe is the right approach at this time. I would consult a reputed attorney and take his/her advise before taking any action. I would also have your company start a new PERM case in parallel, just incase. Yes, ETA-750 provides a little more flexibility w.r.t EB2 to EB3 downgrades when compared to 9089, but it depends on the educational requirements mentioned on the form. But your approach should be to get I-485 approval based on earlier I-140 and if that doesn't work out, then request for a downgrade. Hope it works out for you, good luck.
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myeb2gc
04-27 10:03 AM
Hi Ram,
My employer company is smaller one, 15 only.
And no marketing, but he is good giving me incentives.
I am planning to go with bigger consulting firm so that they can market me well and .....
So i am thinking of change of employer.
So are my earlier 3 questions.
My employer company is smaller one, 15 only.
And no marketing, but he is good giving me incentives.
I am planning to go with bigger consulting firm so that they can market me well and .....
So i am thinking of change of employer.
So are my earlier 3 questions.
rolrblade
03-11 01:34 PM
I don't understand in what cases consulate holds a person's passport. What if the applicant wants to return back home country instead of waiting in Canada?
You have a right to ask for your passport back. You can always state the logic that in the case of emergency, will the consulate provide the passport back at a moments notice? probably not!
Also, a passport is the property of the issuing government and no other government entitiy / individual has a right to hold it. I wouldnt state it in these terms though :) .... the emergency travel reason should suffice!
You have a right to ask for your passport back. You can always state the logic that in the case of emergency, will the consulate provide the passport back at a moments notice? probably not!
Also, a passport is the property of the issuing government and no other government entitiy / individual has a right to hold it. I wouldnt state it in these terms though :) .... the emergency travel reason should suffice!
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sujitp@gmail.com
10-05 03:44 PM
Please delete this post
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sbabunle
09-05 03:44 PM
The CIR includes increases in legal immigration. If the dems take the house, then the house alongwith the already pro-immigrant senate will pass big increases in immigration (family and eb). If i was a republican, i would try to pass CIR after the november elections and before the new congress in January, when he party still has some control. If the dems solve the immigration issue in the next congress when they have the reins, the hispanic vote will heavily tilt democratic for a long time to come.
Well if the Republicans want those hispanic votes why dont they
pass the CIR right away? Why they have to wait until the mid term?
Well if the Republicans want those hispanic votes why dont they
pass the CIR right away? Why they have to wait until the mid term?
rajenk
08-21 12:55 AM
Ok,
Today the paralegal staff at my lawyer's office told me that they got my wife's application rejected back on July 20th!! They were handling lot of filings and could not update me about this. I am happy that they pro actively re-filed the application. My wife's application was rejected because of improper fees! They filed again and reached USCIS Nebraska on 25th July. Now I am waiting for her application to be receipted.
Thanks
Raj
Today the paralegal staff at my lawyer's office told me that they got my wife's application rejected back on July 20th!! They were handling lot of filings and could not update me about this. I am happy that they pro actively re-filed the application. My wife's application was rejected because of improper fees! They filed again and reached USCIS Nebraska on 25th July. Now I am waiting for her application to be receipted.
Thanks
Raj
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desi_voice
05-02 07:39 PM
Guys,
My visa stamping on my passport expires on end of Sep 2009. I am planning to go to India mid July 2009 and come back mid August 2009. I have H1B-I-797 extension upto August 2011. My I-94 which was issued at the POE and the I-94 at the bottom of the extended I-797 has the same number. From what I know when I leave US I should hand over bothe I-94s(given at POE & one below I-797). From what I heard from friends, IO is suppose to give new I-94 validity date based on the extended I-797 validity date and should not give based on date of expiry of visa stamp on the passport.
@bbct
I think IO did a mistake for you, you could have asked him to give I-94 based on your extended I-797.
@mckottayam
IO did the correct thing for you by giving I-94 validity date based on your extended I797.
Question is, incase IO gives a I-94 based on the visa stamping validity date and not on the validity of I-797 can we ask him to give a I-94 based on the I-797. If he refuses, how can we extend the I-94 validity based on I-797.
My visa stamping on my passport expires on end of Sep 2009. I am planning to go to India mid July 2009 and come back mid August 2009. I have H1B-I-797 extension upto August 2011. My I-94 which was issued at the POE and the I-94 at the bottom of the extended I-797 has the same number. From what I know when I leave US I should hand over bothe I-94s(given at POE & one below I-797). From what I heard from friends, IO is suppose to give new I-94 validity date based on the extended I-797 validity date and should not give based on date of expiry of visa stamp on the passport.
@bbct
I think IO did a mistake for you, you could have asked him to give I-94 based on your extended I-797.
@mckottayam
IO did the correct thing for you by giving I-94 validity date based on your extended I797.
Question is, incase IO gives a I-94 based on the visa stamping validity date and not on the validity of I-797 can we ask him to give a I-94 based on the I-797. If he refuses, how can we extend the I-94 validity based on I-797.
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dhesha
08-29 06:41 PM
what is the date shown on the online status message?
Is it RD or ND. I think ND is later than RD right. I believe they show the ND but say your application was "received on". Is it right ?
Does the processing time on website go via RD or ND?
I called USCIS today and they said they are using the receipt date on I797 and not on the website. Yes that is right on website they show ND and say receipt date..its all messed up, but as per totay's call, it seems 797 RD is what they are using.
Is it RD or ND. I think ND is later than RD right. I believe they show the ND but say your application was "received on". Is it right ?
Does the processing time on website go via RD or ND?
I called USCIS today and they said they are using the receipt date on I797 and not on the website. Yes that is right on website they show ND and say receipt date..its all messed up, but as per totay's call, it seems 797 RD is what they are using.
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maddipati1
08-31 10:54 AM
Even after they stopped issuing Interim EADs at Filed Offices, one can always 'request' for interim EAD at field office by taking an appointment thry InfoPass. FO then would talk to service centers about the case.
This is never changed. It is clearly stated in Form I-765 and in the original inter-office communication cancelling the production of interim EAD at FOs.
Whats new in Ombudsman tele-conference is that u can request interim EAD at a field office just after 75 days intead of 90 days as in earlier policy.
This is never changed. It is clearly stated in Form I-765 and in the original inter-office communication cancelling the production of interim EAD at FOs.
Whats new in Ombudsman tele-conference is that u can request interim EAD at a field office just after 75 days intead of 90 days as in earlier policy.
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immi_grant
06-25 03:36 PM
Thanks to all who responded so far !!
I saw the denial letter and here is the gist of it from what I understood :
Got an RFE asking for client letter (since when my case was filed in Jan 2010, I was working for the client). From then onward I am off and on with the same client depending on their schedules / needs.
So when we got the RFE, I was not working for the client. My attorney replied to the RFE stating that I completed my project before time and now internally working on product development (which we do ) and produced the time sheets and everything for the internal project as well as for the client till the date of completion.
My case got denied reasons pertaining that USCIS asked for client letter, but you (petetioner) submitted papers that he is not working for the client anymore and now working for an internal project. OK. But where is the client letter that we asked for ? Since you didn't produce that, we are denying the case.
I saw the denial letter and here is the gist of it from what I understood :
Got an RFE asking for client letter (since when my case was filed in Jan 2010, I was working for the client). From then onward I am off and on with the same client depending on their schedules / needs.
So when we got the RFE, I was not working for the client. My attorney replied to the RFE stating that I completed my project before time and now internally working on product development (which we do ) and produced the time sheets and everything for the internal project as well as for the client till the date of completion.
My case got denied reasons pertaining that USCIS asked for client letter, but you (petetioner) submitted papers that he is not working for the client anymore and now working for an internal project. OK. But where is the client letter that we asked for ? Since you didn't produce that, we are denying the case.
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RajForGC
03-31 07:56 AM
I am applying 2nd PERM on April 3rd week, job is little different at least postion is little higher than the EB3, but they fall under the same O*net, not sure what is gonna happen, as of attoreny we can able to get approve, but some of the people says DOL will take more time to decide 2nd PERM, lets see.
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hanu0913
10-08 11:03 AM
You'd have to wait for PD to become current to add spouse.
Furthermore, if you get married before I-485 is approved, spouse may be added once PD becomes current, even though by then you have your GC.
can you please make sure that some one can add spouse once the PD is current after the GC got approved and if some one is married before I-485 approval
Furthermore, if you get married before I-485 is approved, spouse may be added once PD becomes current, even though by then you have your GC.
can you please make sure that some one can add spouse once the PD is current after the GC got approved and if some one is married before I-485 approval
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waitnwatch
08-04 12:03 PM
Thank you for this information. Never realized that this should be done.
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sam2006
08-03 12:27 PM
we just have to live it :)
or we can work towards making the Sep 13 Rally success
or we can work towards making the Sep 13 Rally success
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svr_76
06-17 03:04 PM
I had mine today. The Officer answered the following questions-
1. Assigned to Officer - Yes
2. Status of various checks- She said she could see 2 checks and both are complete FBI and NameCheck. She did nt say anything about IBIS (She said - "I just see 2 checks and both are done and good, sir. There might be other checks but its not showing up on my screen)
3. No transfered/interview scheduled.
4. Opened up a SR for me for followup.
1. Assigned to Officer - Yes
2. Status of various checks- She said she could see 2 checks and both are complete FBI and NameCheck. She did nt say anything about IBIS (She said - "I just see 2 checks and both are done and good, sir. There might be other checks but its not showing up on my screen)
3. No transfered/interview scheduled.
4. Opened up a SR for me for followup.
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jonty_11
10-06 12:48 PM
I disagree a bit, he can very well work in McDonald's as a burger flipper on EAD after 180 days of filing of I-485. However, He must show a good faith job offer in the LC category (same or similar) at the time when his I-485 is about to be approved i.e. dates are current and his file is in IO's hands.
After 180 days of I-485 filing and before his petition is ready to be approved, alien can work anywhere. He has no burden during that period.
My 2 cents.
USCIS is recently rejecting strait forward EAD/AC21 cases...and u think if they RFE all ur paystubs and see a period of McDonald's employment...they will not deny the 485....
U will be lucky if they dont!!!!
With a weak economy ...and layoffs..bias against would be immigrants is going to be even more pronounced...Hard times are ahead...
After 180 days of I-485 filing and before his petition is ready to be approved, alien can work anywhere. He has no burden during that period.
My 2 cents.
USCIS is recently rejecting strait forward EAD/AC21 cases...and u think if they RFE all ur paystubs and see a period of McDonald's employment...they will not deny the 485....
U will be lucky if they dont!!!!
With a weak economy ...and layoffs..bias against would be immigrants is going to be even more pronounced...Hard times are ahead...
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mambarg
07-27 12:45 PM
If NSC had put all applications from July 2nd to July 17th on hold.
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
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peer123
04-04 04:54 AM
,,,,, others please weigh in
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lazycis
11-30 11:54 AM
It usually takes a long time for them to fix their own mistakes. So do not lose sleep over it. Write to the director of the service center. If that does not help, complain to CIS Ombudsman
delax
08-03 09:39 PM
Looks like they (TSC) are now processing July 3rd onwards. Any July 2nd filler , filled at TSC still waiting. Also do you know if your name check was cleared.
Not only July 2nd but probably 1000s of 2004 PDs with July 2 as RD are waiting......Its great to see 2006 approvals - at least USCIS is working......but FIFO does not exist in their dictionary.....Its probably LIFO....
Not only July 2nd but probably 1000s of 2004 PDs with July 2 as RD are waiting......Its great to see 2006 approvals - at least USCIS is working......but FIFO does not exist in their dictionary.....Its probably LIFO....
u.misc
02-01 09:47 AM
Dear all,
I am sorry to post here. I know this is wrong but don't know where to go to. My husband does not have any idea about how to invest his money. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?
I rely on him for all this but I get no help.
Thank you for your support.
Again, my apologies.
BUY AND READ THE BOOK TITLED:
"INVESTMENT FOR DUMMIES" whose GC is in process and priority date in backlogged due to retrogression and by the way married to husband who's cash pooping machine but can't figure out what to do with money.
Its along title but you sure can get a good deal on amazon.
I am sorry to post here. I know this is wrong but don't know where to go to. My husband does not have any idea about how to invest his money. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?
I rely on him for all this but I get no help.
Thank you for your support.
Again, my apologies.
BUY AND READ THE BOOK TITLED:
"INVESTMENT FOR DUMMIES" whose GC is in process and priority date in backlogged due to retrogression and by the way married to husband who's cash pooping machine but can't figure out what to do with money.
Its along title but you sure can get a good deal on amazon.
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