Munna Bhai
09-27 12:39 PM
If USCIS goes to Ex-employer they can say anything. They can say we had a agreement ( though a Void one )with this fellow that he will be my chained slave( sorry for the word but that's how some employers expect you to be) for next 5 years and he ditched us using a EAD ....
USCIS should directly come to me/petitoner or the petitioner's approved attorney (as in G28) and ask for a FUTURE employment proof again as an RFE... The above should never happen...
Could you please tell a little more detail on this - Did USCIS send an RFE to Ex-employers attorney ( because his/her name in mentioned in G28) and that attorney in turn queried Ex-employer about this Particular Guy ??
Thanks !!
This is fair guess, most probably if you don't inform USCIS that you have changed the job then it might happen that USCIS may contact your employer to ask whether they would like to continue with GC, it's like 45 day letter for BEC.
USCIS should directly come to me/petitoner or the petitioner's approved attorney (as in G28) and ask for a FUTURE employment proof again as an RFE... The above should never happen...
Could you please tell a little more detail on this - Did USCIS send an RFE to Ex-employers attorney ( because his/her name in mentioned in G28) and that attorney in turn queried Ex-employer about this Particular Guy ??
Thanks !!
This is fair guess, most probably if you don't inform USCIS that you have changed the job then it might happen that USCIS may contact your employer to ask whether they would like to continue with GC, it's like 45 day letter for BEC.
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redds777
10-24 08:14 PM
Hi Everyone
A BIG thank you to all those who attended the MD/DC/VA meeting in Rockville . The get together was constructive and i was hoping for few more attendees. For those who attended , i hope IV has inspired members to go and meet the local represetatives in the local offices. IV wil help you with required documentation and talking points if you need help.
Guys those who could not attend today, please make sure you followup with your represtatives and make them aware of your issues to them BEFORE any Immigration bill is discussed on the floor. you need to organize and make your voices heard in DC otherwise even if the CIR happens , it is not a guarantee that all our provisions will be addressed in that. This message is for ALL members ( irrespective of EB2, EB3 etc..)
If you need any help, please contact local chapters or IV admin starsun.
Hope we will get something done this time for EB community
Thanks
Ravi.
I have tried to contact as many as i can in last week and this week. Overall a positive response . hope to see all of the members on sunday .
Thanks
Redds
A BIG thank you to all those who attended the MD/DC/VA meeting in Rockville . The get together was constructive and i was hoping for few more attendees. For those who attended , i hope IV has inspired members to go and meet the local represetatives in the local offices. IV wil help you with required documentation and talking points if you need help.
Guys those who could not attend today, please make sure you followup with your represtatives and make them aware of your issues to them BEFORE any Immigration bill is discussed on the floor. you need to organize and make your voices heard in DC otherwise even if the CIR happens , it is not a guarantee that all our provisions will be addressed in that. This message is for ALL members ( irrespective of EB2, EB3 etc..)
If you need any help, please contact local chapters or IV admin starsun.
Hope we will get something done this time for EB community
Thanks
Ravi.
I have tried to contact as many as i can in last week and this week. Overall a positive response . hope to see all of the members on sunday .
Thanks
Redds
vallabhu
05-14 01:11 PM
Vallabhu,
Even I have 3 years degree + diplomas in computers + 10 years exp. I got my i-140 approved year back in EB2.
I got my education evaluated by http://www.trustfortecorp.com/. They equated it with US 4 years graduation, my lawyer used this evaluation to file for labor/i-140.
If you have any diplomas then use it in future filings. Let me know you have any further questions.
I have PGDCA from an institute in INDIA I don't if that counts.
Even I have 3 years degree + diplomas in computers + 10 years exp. I got my i-140 approved year back in EB2.
I got my education evaluated by http://www.trustfortecorp.com/. They equated it with US 4 years graduation, my lawyer used this evaluation to file for labor/i-140.
If you have any diplomas then use it in future filings. Let me know you have any further questions.
I have PGDCA from an institute in INDIA I don't if that counts.
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drirshad
07-06 07:31 PM
Updated -> VISA BULLETIN FOR JULY 2007 => no change ........
The Visa Bulletin for July 2007 must be read in conjunction with the Update of July Visa Availability.
Once you go the link above it points to the 2nd July message
http://travel.state.gov/visa/frvi/bulletin/bulletin_3266.html
UPDATE ON JULY VISA AVAILABILITY
The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.
Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
Department of State Publication 9514
CA/VO: July 2, 2007
The Visa Bulletin for July 2007 must be read in conjunction with the Update of July Visa Availability.
Once you go the link above it points to the 2nd July message
http://travel.state.gov/visa/frvi/bulletin/bulletin_3266.html
UPDATE ON JULY VISA AVAILABILITY
The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.
Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numerical limitation.
Department of State Publication 9514
CA/VO: July 2, 2007
more...
meridiani.planum
07-13 11:52 PM
If USCIS can process 150K EBs in 12 months @ 12,500 / month, then they can do 25,000 in 2.5 months.
how can you count on that? The whole reason we are trying to do visa recapture is because USCIS has in the past (in fact most of the years) wasted visas.
I believe THEY WILL - there is a lot of pressure on them to do so.
what is the pressure? this year is special as they have also received a very large number of other petitions too (family based, naturalization etc). In fact the big pressure is naturalization because delay there is potentially going to prevent people from voting in the national elections. EB is slightly below the radar.
So I think there is no harm in sending, like they say, a "polite reminder" to USCIS.
After October, we should focus our campaigning energies towards EB3s, they need all the help they can get. I personally know EB3 folks with families, who are waiting in hope...
agree.
how can you count on that? The whole reason we are trying to do visa recapture is because USCIS has in the past (in fact most of the years) wasted visas.
I believe THEY WILL - there is a lot of pressure on them to do so.
what is the pressure? this year is special as they have also received a very large number of other petitions too (family based, naturalization etc). In fact the big pressure is naturalization because delay there is potentially going to prevent people from voting in the national elections. EB is slightly below the radar.
So I think there is no harm in sending, like they say, a "polite reminder" to USCIS.
After October, we should focus our campaigning energies towards EB3s, they need all the help they can get. I personally know EB3 folks with families, who are waiting in hope...
agree.
ashkam
06-11 10:58 PM
I don't think it's a matter of who to blame. USCIS doesn't care who you blame, the only thing they are concerned with is if you are in status and if you received an erroneous extension, you will be out of status after one year. I read in an USCIS document that the burden for notifying them of an error lies with you. I cannot find it right now, quite possibly because I am drunk, but I will try some more.
more...
Munna Bhai
02-08 08:52 AM
Hello,
Once I-140 is approved & if I transfer my case to another attorney, how will I get notice about finger-printing etc.
What I mean is how rest of the Correspondence takes place once I-140 is approved, I know that there is finger-printing etc.
Can this Correspondence possible without the involvement of attorney and company??
Thanks,
Once I-140 is approved & if I transfer my case to another attorney, how will I get notice about finger-printing etc.
What I mean is how rest of the Correspondence takes place once I-140 is approved, I know that there is finger-printing etc.
Can this Correspondence possible without the involvement of attorney and company??
Thanks,
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lifestrikes
02-18 09:55 AM
To file ITIN Number you need to submit W7 form. No wastes your money going to Tax consultant.
Send supporting documents (as per W7 Instructions)
How to Apply - Second Bullet says the following.
Your original, completed tax return(s) for which the ITIN is needed. Attach Form W-7 to the front of your tax return. If you are applying for more than one ITIN for the same tax return (such as for a spouse or dependent(s)), attach all Forms W-7 to contain an expiration date, they are considered current at all the same tax return. After your Form W-7 has been processed, times. The IRS will assign an ITIN to the return and process the return
Link to W7 Instructions (http://www.irs.gov/pub/irs-pdf/iw7.pdf)
Link to W7 Form (http://www.irs.gov/pub/irs-pdf/iw7.pdf)
Mail both W7, supporting documents and your Married Filed Jointly tax returns to Austin, Texas address (this is different from regular tax mailing address).
It took us about 6 weeks to get the ITIN + Tax Refund.
State Tax Return (if required)
Till you receive the ITIN, you will not be able to file state tax. So, if you apply for ITIN no in Feb, if you get ITIN before April 18, then file your state tax, if not, apply for State Tax extension.
Send supporting documents (as per W7 Instructions)
How to Apply - Second Bullet says the following.
Your original, completed tax return(s) for which the ITIN is needed. Attach Form W-7 to the front of your tax return. If you are applying for more than one ITIN for the same tax return (such as for a spouse or dependent(s)), attach all Forms W-7 to contain an expiration date, they are considered current at all the same tax return. After your Form W-7 has been processed, times. The IRS will assign an ITIN to the return and process the return
Link to W7 Instructions (http://www.irs.gov/pub/irs-pdf/iw7.pdf)
Link to W7 Form (http://www.irs.gov/pub/irs-pdf/iw7.pdf)
Mail both W7, supporting documents and your Married Filed Jointly tax returns to Austin, Texas address (this is different from regular tax mailing address).
It took us about 6 weeks to get the ITIN + Tax Refund.
State Tax Return (if required)
Till you receive the ITIN, you will not be able to file state tax. So, if you apply for ITIN no in Feb, if you get ITIN before April 18, then file your state tax, if not, apply for State Tax extension.
more...
heywhat
01-30 10:36 PM
We had a Conference call with our internal immigration department just few days back (which is very reliable department in company). During concall many ppl. raised same question and reply was exactly same as explained by logiclife.
No need to do anything with GC LC but definitely u need to get updated H1b LC.
No need to do anything with GC LC but definitely u need to get updated H1b LC.
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kalkar
07-15 06:14 PM
Hi Guys,
My h1b expired couple of months back but did not extend it as I have an approved EAD and am continuing with the same employer who filed for my GC. I94 in my passport has the H1b expiry date. Is it safe for me to travel outside the country as I have an EAD and AP?
Thanks for your help.
My h1b expired couple of months back but did not extend it as I have an approved EAD and am continuing with the same employer who filed for my GC. I94 in my passport has the H1b expiry date. Is it safe for me to travel outside the country as I have an EAD and AP?
Thanks for your help.
more...
xgoogle
08-19 09:22 AM
Bump.
Seems like Texas has gone back to older dates and Nebraska is getting hot. So what happens to the derivatives of people whose GC has arrived from Texas ?
Seems like Texas has gone back to older dates and Nebraska is getting hot. So what happens to the derivatives of people whose GC has arrived from Texas ?
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manuseeksgc
09-18 03:45 PM
I respect what you guys are suggesting... but the following is what I heard from my lawyer:
"I could not locate a USCIS memo with a clear answer to this question. However, based on my understanding of the law, I believe that as long as the new Advance Parole application is approved before the current one expires, ***** should be fine and he would not have to return to the USA. He could leave now and return in January with the new Advance Parole"
"I could not locate a USCIS memo with a clear answer to this question. However, based on my understanding of the law, I believe that as long as the new Advance Parole application is approved before the current one expires, ***** should be fine and he would not have to return to the USA. He could leave now and return in January with the new Advance Parole"
more...
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jindhal
06-01 05:04 PM
but if it is.. count me in. I would be willing to make quite a lot of contribution for this feature.
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Munna Bhai
09-23 07:56 AM
I understand it is legal. Well, what if ex-employer responds to the query asking NOT TO GIVE THE GC to its ex-employee? With this there are 2 answers to USCIS query - one from ex-employer other from principal applicant. USCIS query is directed to the ex-employer and there is all the possibility that it gives more importance to ex-employer's reply. We are kind of jeopardizing getting GC here. Educating the implementor of a rule about the same rule is ridiculous but that is the world we are currently in!!! shame on US CIS!!!!
The basic push I was giving was that he has to tell USCIS that he has used AC21. If ex-employee gives "don't give GC", that has no effect if you have followed the rule of the law of AC21. You need to explain and write indetail. Nobody can do anything if you followed law. Lot of application are pending, lot of similiar names and the chances that these type of issues do come up are more.
The basic push I was giving was that he has to tell USCIS that he has used AC21. If ex-employee gives "don't give GC", that has no effect if you have followed the rule of the law of AC21. You need to explain and write indetail. Nobody can do anything if you followed law. Lot of application are pending, lot of similiar names and the chances that these type of issues do come up are more.
more...
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485Mbe4001
10-05 04:30 PM
this is strange, whenever we give the fingerprints the prints are QA'ed and the system assigns points the prints. the total points have to exceed a certain number before being accepted. Plus they also clean your fingers before taking a print...
i dont think its a big deal, just give your prints again and follow up with an info pass appointment after a week or so.
I received ANOTHER finger printing notice just for me saying "The FBI was unable process your finger print card. In order for the USCIS to continue processing your application, it will be necessary to have your prints retaken."
Is there a way I can ensure that this time it gets done correctly? Bunch of idiots we have working at the USCIS local offices!! I gave my first set of prints on Sep 25th and already there is a problem!
Has anyone been in the same boat before?
i dont think its a big deal, just give your prints again and follow up with an info pass appointment after a week or so.
I received ANOTHER finger printing notice just for me saying "The FBI was unable process your finger print card. In order for the USCIS to continue processing your application, it will be necessary to have your prints retaken."
Is there a way I can ensure that this time it gets done correctly? Bunch of idiots we have working at the USCIS local offices!! I gave my first set of prints on Sep 25th and already there is a problem!
Has anyone been in the same boat before?
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kate123
10-28 07:52 PM
It was nice meeting you too. Pls. stay active. Support from our members is our strength.
It was really nice meeting you all and we came to know lot of things from pappu and naveen..
yeasterday's meeting was very very productive and thanks a lot for every one who came to the meeting..
kiran..
It was really nice meeting you all and we came to know lot of things from pappu and naveen..
yeasterday's meeting was very very productive and thanks a lot for every one who came to the meeting..
kiran..
more...
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needhelp!
10-03 05:42 PM
guys, please post if you are from houston even if not attending
RSVP..
RSVP..
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pappu
11-20 02:22 PM
Guys,
What are your plans for thanks giving? I am not sure yet. How about meeting some time during next week or weekend?
nixtor, pls PM everyone and collect thier contact info so that you can discuss and organize a conf. call to start the chapter activities. you can use the free liveoffice conference call site to set up confrence call
What are your plans for thanks giving? I am not sure yet. How about meeting some time during next week or weekend?
nixtor, pls PM everyone and collect thier contact info so that you can discuss and organize a conf. call to start the chapter activities. you can use the free liveoffice conference call site to set up confrence call
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h1techSlave
04-12 08:02 AM
I am happy that you have received your GC. I am happy for me, since I am closer to the GC window now.
ashkam
03-31 08:58 AM
Thanks for the replies.
The only reason why I want to change my status from H4 to F1 is because I will not be able to get assistantship on H4.
You would probably be better off going back to your home country and reentering on an F1. If you file for a COS, it would probably take, on an average, 3 months to be approved. Till then you cannot work on an assistantship.
If your F1 is denied in your home country, your H4 remains intact so you can reenter on your H4 and then try for a COS here. Also, although grad assistantships require you to be on an F1, FYI, tuition waivers do not, so if you could arrange something with your graduate department to volunteer assistantship work for a tuition waiver (without receiving an assistantship, something that my wife did) while your COS application is pending, you could try for that. Later, when your F1 gets approved, you could upgrade to a full assistantship. Double check with your international student advisor about that.
As to your chances of getting your F1 approved in your home country, I guess that is hit or miss.
The only reason why I want to change my status from H4 to F1 is because I will not be able to get assistantship on H4.
You would probably be better off going back to your home country and reentering on an F1. If you file for a COS, it would probably take, on an average, 3 months to be approved. Till then you cannot work on an assistantship.
If your F1 is denied in your home country, your H4 remains intact so you can reenter on your H4 and then try for a COS here. Also, although grad assistantships require you to be on an F1, FYI, tuition waivers do not, so if you could arrange something with your graduate department to volunteer assistantship work for a tuition waiver (without receiving an assistantship, something that my wife did) while your COS application is pending, you could try for that. Later, when your F1 gets approved, you could upgrade to a full assistantship. Double check with your international student advisor about that.
As to your chances of getting your F1 approved in your home country, I guess that is hit or miss.
radhagd
04-24 12:24 PM
Thank you, radhagd....
I think my case being slow is a chain-reaction of the lawyers around me being lazy:
1. My new company lawyer was lazy and didn't want to spend time prepare AC21...otherwise I won't be asked for RFE the first place when they finally get to my case on 03/05/2008
2. I hired my previous company's lawyer for my RFE and because of the H1B 04/05/2008 deadline, she didn't even start to prepare my case until 7 days before the RFE deadline.
Actually I prepared AC21 papers by myself and posted, We do not need lawyer for this. Anyways Good Luck for your GC.
I think my case being slow is a chain-reaction of the lawyers around me being lazy:
1. My new company lawyer was lazy and didn't want to spend time prepare AC21...otherwise I won't be asked for RFE the first place when they finally get to my case on 03/05/2008
2. I hired my previous company's lawyer for my RFE and because of the H1B 04/05/2008 deadline, she didn't even start to prepare my case until 7 days before the RFE deadline.
Actually I prepared AC21 papers by myself and posted, We do not need lawyer for this. Anyways Good Luck for your GC.
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