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wandmaker
02-23 11:02 AM
Hello Sir,
I'm in H1B visa, so also my husband.
In this time of recession, i fear if I'm laid off, wanted to seek your valuable guiance on the following:
- transfer my status from H1 to H4? have all pay stubs in tact.
/ You can transfer to H4 as long as you have all the paper work /
- return back to H1 B status once I find an opening with new company? All I will need to do is transfer my H4 status back to my same H1B visa?
/ Yes, COS from H4 to H1 /
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
/ Your H1 petition will be valid until it is revoked by your employer. It does not matter whether it is valid or revoked. Filing COS from H4 to H1 will put you back on H1 status as you will not be coming under the cap /
Please let me have your views on this. Highly appreciate a speedy response.
Thank you in advance,
Shivani:confused:
See Inline.
Please update your profile
I'm in H1B visa, so also my husband.
In this time of recession, i fear if I'm laid off, wanted to seek your valuable guiance on the following:
- transfer my status from H1 to H4? have all pay stubs in tact.
/ You can transfer to H4 as long as you have all the paper work /
- return back to H1 B status once I find an opening with new company? All I will need to do is transfer my H4 status back to my same H1B visa?
/ Yes, COS from H4 to H1 /
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
/ Your H1 petition will be valid until it is revoked by your employer. It does not matter whether it is valid or revoked. Filing COS from H4 to H1 will put you back on H1 status as you will not be coming under the cap /
Please let me have your views on this. Highly appreciate a speedy response.
Thank you in advance,
Shivani:confused:
See Inline.
Please update your profile
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wandmaker
02-24 02:49 PM
For those who think that this is good and will not affect them -
What we are hearing now in the news is just the tip of the iceberg. It is just ground work to justify tougher measures against employment based immigration. If it continues, CIR will be passed giving path to citizenship to ILLEGAL immigrants without any measure for employment based immigration. Remember, the only folks who have been in influential position to support EB immigration has been big businesses (like Microsoft, Oracle) and AILA. With the rising unemployment rate, nobody will listen to these businesses. With the indictment of (even a few) cases of H-1B fraud, AILA will not be able to fight the impending tsunami against legal employment based immigrants.
If we don't do anything, illegals will be citizens while people with H-1 and even EAD will be forced to go back. This is the beginning of the end to employment based immigration.
For those who can't read normal font.
BTW, update your profile when you get time, it will help IV and you.
What we are hearing now in the news is just the tip of the iceberg. It is just ground work to justify tougher measures against employment based immigration. If it continues, CIR will be passed giving path to citizenship to ILLEGAL immigrants without any measure for employment based immigration. Remember, the only folks who have been in influential position to support EB immigration has been big businesses (like Microsoft, Oracle) and AILA. With the rising unemployment rate, nobody will listen to these businesses. With the indictment of (even a few) cases of H-1B fraud, AILA will not be able to fight the impending tsunami against legal employment based immigrants.
If we don't do anything, illegals will be citizens while people with H-1 and even EAD will be forced to go back. This is the beginning of the end to employment based immigration.
For those who can't read normal font.
BTW, update your profile when you get time, it will help IV and you.
english_august
09-16 11:57 PM
http://dcrally.blogspot.com/
There are people who are working extremely hard to make this a success. People living within the driving distance of DC - please, there is still time. This rally will be a great occasion to network, learn and stand up for your issues. Just imagine the energy and buzz coming out from this rally. If you can make it, please do so.
There are people who are working extremely hard to make this a success. People living within the driving distance of DC - please, there is still time. This rally will be a great occasion to network, learn and stand up for your issues. Just imagine the energy and buzz coming out from this rally. If you can make it, please do so.
2011 HERE IT IS SIR.
gcpool
03-12 06:29 AM
The above is right. But make sure its applied all over the application. If not the application will be returned to you. Use the above argument in the front and then attach both the I-140s and then mark on the I-140 which is original one and which ones priority date is being used.
Do this for every applicant. Get it done via an attorney who has done this before. Most of them dont even have a clue how to do it.
It can be done at I-485 stage.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
Do this for every applicant. Get it done via an attorney who has done this before. Most of them dont even have a clue how to do it.
It can be done at I-485 stage.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
more...
Jaime
09-20 01:42 PM
Hey Jaime you seem to be all charged up!!
Great energy, will inspire many!!
Hope we have one more rally soon!
You bet rajsand! We saw the strength of our unity in DC and we learned many things, one of which is we MUST educate people and Congress! It's amazing how little they actually know about us, in spite of HOW MUCH we contribute! That is JUST NOT FAIR!
Another thing we learned is: WE CAN MAKE CHANGES!!! WE CAN AND DO AND WILL SUCCEED!!!
Let's keep going with this!!!! IDEAS????
Great energy, will inspire many!!
Hope we have one more rally soon!
You bet rajsand! We saw the strength of our unity in DC and we learned many things, one of which is we MUST educate people and Congress! It's amazing how little they actually know about us, in spite of HOW MUCH we contribute! That is JUST NOT FAIR!
Another thing we learned is: WE CAN MAKE CHANGES!!! WE CAN AND DO AND WILL SUCCEED!!!
Let's keep going with this!!!! IDEAS????
Pagal
06-26 08:48 AM
Hello,
Great! Can work on content ... there is already a thread in Donor forum (http://immigrationvoice.org/forum/398888-post13.html). Would be great, if your efforts are coordinated with IV core ...
Great! Can work on content ... there is already a thread in Donor forum (http://immigrationvoice.org/forum/398888-post13.html). Would be great, if your efforts are coordinated with IV core ...
more...
chanduv23
03-24 10:26 AM
Yesterday i got the mail from USCIS stating below. "My PD Dec 2006, INDIA, EB2 (I GOT MARRIED AFTER I APPLIED FOR I 485, SO MY WIFE IS NOT YET IN APPLICATION. I AM WAITING FOR DATES TO GET CURRENT FOR ME SO I CAN ADD HER INTO MY APPLICATION"
I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!
Request for Evidence
The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.
Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.
You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.
Officer # 11**
This is exactly the same language I had when I got a NOID after ac21 change. Just respond back with evidence requested and you will be fine.
I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!
Request for Evidence
The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.
Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.
You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.
Officer # 11**
This is exactly the same language I had when I got a NOID after ac21 change. Just respond back with evidence requested and you will be fine.
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aroranuj
08-20 11:57 PM
I would appreciate it if someone can give me some advise...I need to file my EAD renewal & refuse to pay insane amounts of money to my attorney...
Thanks!!!!
I am filing for my EAD renewal and had a quick question...I have an EAD card from when I was in college and did my OPT. The problem though is that I do not have some of the details that they ask for while filing EAD renewal, such as what Center was it processed at & what was the application date.
I have already called USCIS & they cant pull up what center my EAD was filed at or the date it was filed. Can anyone suggest what I should do in this situation? What do I put in the form? Does anyone have similar experiences?
Thanks!!!!
I am filing for my EAD renewal and had a quick question...I have an EAD card from when I was in college and did my OPT. The problem though is that I do not have some of the details that they ask for while filing EAD renewal, such as what Center was it processed at & what was the application date.
I have already called USCIS & they cant pull up what center my EAD was filed at or the date it was filed. Can anyone suggest what I should do in this situation? What do I put in the form? Does anyone have similar experiences?
more...
gc_buddy
11-18 02:35 PM
Dear Members,
One of the IV member recieved a phone call from Ombudsman office and is as follows.
-----------------------------------------------------------------------
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
----------------------------------------------------------
The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.
With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters
One of the IV member recieved a phone call from Ombudsman office and is as follows.
-----------------------------------------------------------------------
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
----------------------------------------------------------
The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.
With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters
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Rb_newsletter
09-08 10:22 PM
I see some words 'brightest', and 'high-skilled'. Who is classified as 'brightest' and 'high-skilled'?
Can EB immigrants expect something out of CIR?
Senator Charles E. Schumer (http://schumer.senate.gov/new_website/record.cfm?id=314990)
6. We must encourage the world�s best and brightest individuals to come to the United States and create the new technologies and businesses that will employ countless American workers, but must discourage businesses from using our immigration laws as a means to obtain temporary and less-expensive foreign labor to replace capable American workers; and finally
------------------------
////////////////////////
------------------------
Sixth, we need to recognize the important contribution that high-skilled immigrants have already made, and must continue to make, toward revitalizing and reinventing the American economy.
No immigration system would be worthwhile if it is unable to attract the best and brightest minds of the world to come to the United States and create jobs for Americans�as has been the case for Yahoo, Google, Intel, E-Bay, and countless other companies.
That being said, any reformed immigration system must be successful in encouraging the next Albert Einstein to emigrate permanently to the United States while, at the same time, discouraging underpaid, temporary workers from taking jobs that could and should be filled by qualified American workers.
Can EB immigrants expect something out of CIR?
Senator Charles E. Schumer (http://schumer.senate.gov/new_website/record.cfm?id=314990)
6. We must encourage the world�s best and brightest individuals to come to the United States and create the new technologies and businesses that will employ countless American workers, but must discourage businesses from using our immigration laws as a means to obtain temporary and less-expensive foreign labor to replace capable American workers; and finally
------------------------
////////////////////////
------------------------
Sixth, we need to recognize the important contribution that high-skilled immigrants have already made, and must continue to make, toward revitalizing and reinventing the American economy.
No immigration system would be worthwhile if it is unable to attract the best and brightest minds of the world to come to the United States and create jobs for Americans�as has been the case for Yahoo, Google, Intel, E-Bay, and countless other companies.
That being said, any reformed immigration system must be successful in encouraging the next Albert Einstein to emigrate permanently to the United States while, at the same time, discouraging underpaid, temporary workers from taking jobs that could and should be filled by qualified American workers.
more...
chaki
02-13 12:23 AM
Thanks for your responses. Can you answer one more question ?
If my current Eb3 labor and its associated I-140 is cleared can I accept the promotion and refile under Eb2 retaining my priority date.
Chaki
If my current Eb3 labor and its associated I-140 is cleared can I accept the promotion and refile under Eb2 retaining my priority date.
Chaki
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chanduv23
10-09 08:15 AM
Come on folks - all the way to Riverhead we have tonnes of people living in these areas affected by Retrogression.
EAD is not a solution - EAD just makes our life a bit easier than on h1b - the struggle continues even on EAD.
How can you expect govt to fix your problem if you lack motivation?
Lets start mobilizing the chapter
Remember, we are no VIPs, we are in a mass distribution system and no one has special previlidges here, your lives won't change uless you motivate yourselves and speak up for yourselves.
We need a very strong resprsentation from everyone in the community.
Ignoring our requests only puts all of us in a tougher situation
EAD is not a solution - EAD just makes our life a bit easier than on h1b - the struggle continues even on EAD.
How can you expect govt to fix your problem if you lack motivation?
Lets start mobilizing the chapter
Remember, we are no VIPs, we are in a mass distribution system and no one has special previlidges here, your lives won't change uless you motivate yourselves and speak up for yourselves.
We need a very strong resprsentation from everyone in the community.
Ignoring our requests only puts all of us in a tougher situation
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desi3933
05-15 04:21 PM
I got my GC last year august but her gc/485 status is still pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.
Its ok. Her I-485 can be approved only when PD is current.
__________________
Not a legal advice.
Its ok. Her I-485 can be approved only when PD is current.
__________________
Not a legal advice.
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ksurjan
10-19 08:33 AM
A friend of mine took infopass (new York) yesterday and got his AP. He had to wait for six hours though. He took a strongly worded letter from his comapny stating that he needed to travel for business reasons.
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jliechty
November 17th, 2004, 02:55 PM
My first advice would be to bump up the ISO for indoor shots, so the shutter speed will be faster and you will be able to avoid blurred movement. In full auto mode, cameras may not increase the ISO above some unreasonably low number, like 400. Try going to a mode that lets you pick the ISO (program?) and set it to 1600 (with a DSLR the noise will be much less than 1600 ISO film grain, so don't be afraid to experiment).
Not knowing about the automatic metering systems on modern cameras, I'm not able to analyze what might be throwing off the meter to cause it to underexpose, so I'll leave that up to our resident DSLR gurus. ;)
Not knowing about the automatic metering systems on modern cameras, I'm not able to analyze what might be throwing off the meter to cause it to underexpose, so I'll leave that up to our resident DSLR gurus. ;)
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alien2006
11-17 11:52 AM
I had a similar problem when I applied for my OPT, not once but twice. The one year EAD had a wrong date, the issue date and expiry date was the same. The second time, they didn't give me the correct start date, so I sent it again. No filing fees since it was their mistake.
You souldn't have anything to worry about.
You souldn't have anything to worry about.
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uslegals
08-20 09:42 PM
GCOrNoGC - what do u mean by PM's..? I have not recd. anything from u.!
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pady
06-18 07:17 PM
No, I don't have any agreement with my employer. The only noncompete is between my employer and the vendor. The client is happy to work through different vendor.
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Refugee_New
06-12 06:41 PM
When did processing time became on or after your RD: 06/06/07
Processing time has passed my RD nearly 4 months back. My PD has been current throughout this one year(except those two months in 2008)
Name check is not cleared. With this new 180 rule, i think i should not worry about that. When i talked to IO, they told me that my case has been pre adjudicated and other than NC everything looks good.
Processing time has passed my RD nearly 4 months back. My PD has been current throughout this one year(except those two months in 2008)
Name check is not cleared. With this new 180 rule, i think i should not worry about that. When i talked to IO, they told me that my case has been pre adjudicated and other than NC everything looks good.
adde72
07-05 11:25 PM
Whatever the conditions put for immigration number of people to work in USA is increasing. Yearly there is 20 to 30% increase in F1 Visa for past 3 years . And 130k H1b applications also tells the story. Still USA is topmost market for India and China. USA depends on India and China. But opposite also true(India and China dependent on USA). The change of equation unlikely for many decades. Many European countries and Gulf countries are giving temporary visa and no green card. Still huge demand for working in those countries. Immigration is USA is for mutual benefit not just for country but also for immigrants. If dollar value goes down 20 rupees then outsourced jobs will come back to USA and Indian economy also will crash. So ,for developing countries welfare USA economy should be stable
Indian economy is not depend on the dollar value !!!! wake up ..Its not the IT companys any more ..there are infrastructure ,reality and services sectors which are driving india now...our imports cost more than exports ...
Indian economy is not depend on the dollar value !!!! wake up ..Its not the IT companys any more ..there are infrastructure ,reality and services sectors which are driving india now...our imports cost more than exports ...
eeezzz
10-09 04:14 PM
and when the processing dates move forward, the pd will retrogress. they will find ways to scr** this way or that.
I think processing dates only matters about if you can do SR. It doesn't matter if they are going to adjust your I-485. The reason I think this way is based on processing date for EAD and AP. Myself and many people got EAD or AP and our dates are no where close to the date list on processing center. So I think processing center date not really matters if they have your case in hand and ready to adjust.
Maybe when the boss at USCIS thinks CSR are bored, they will adavnce the date to keep them busy with SR.
I think processing dates only matters about if you can do SR. It doesn't matter if they are going to adjust your I-485. The reason I think this way is based on processing date for EAD and AP. Myself and many people got EAD or AP and our dates are no where close to the date list on processing center. So I think processing center date not really matters if they have your case in hand and ready to adjust.
Maybe when the boss at USCIS thinks CSR are bored, they will adavnce the date to keep them busy with SR.
Source URL: http://cyclistatlarge.blogspot.com/2011/04/6610-lcd-ways.html
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