justice4all
07-21 02:05 PM
Here I want to make clear, FIFO for taking labor applications and sending ad instructions not for approving. I know depending on compilcation of cases(I think), some cases with PD 2005 get approved fast and cases with PD 2003 are taking longer. I dont know why all these mess in DOL, for taking the labor applications and sending ad instructions.
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pushkarw
11-19 05:43 PM
The flower campaign was a huge success. The holiday season is here and I was thinking about a potentially new and innovative campaign idea. Greeting cards with a recorded audio message to be sent to the Director of USCIS. The message would be unique to the individual sending it. Should include something like "Dear Sir - I wish you a happy and safe holiday season. My name is "xyz". I am a legal immigrant stuck in the green card backlog for "xyz" years. Please help us. This message is just an idea - it could be anything agreed upon by consensus.
Maybe this idea is a little corny but we have to think out of the box. Just imagine - hundreds of greeting cards with their own unique message - could make a point???
Maybe this idea is a little corny but we have to think out of the box. Just imagine - hundreds of greeting cards with their own unique message - could make a point???
NolaIndian32
04-28 12:45 PM
Here's a $50 donation to get the first milestone ($10000) quicker.
Paypal Transaction ID #40A87133HH686523X.
Thanks for your support Espoir!!
Go IV
Paypal Transaction ID #40A87133HH686523X.
Thanks for your support Espoir!!
Go IV
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tonyHK12
03-28 09:07 PM
I recommend you man up and get a bit civil, so we can all at least look good.
I was referring to your clandestine negative comment.
I was referring to your clandestine negative comment.
more...
GCKaMaara
03-05 07:26 AM
I also got the same letter from USCIS today.
Where is the core who advised us to fax letter to USCIS. Please let us know what the action plan is ?
I am ready for $25.
I think we need to contact Ombudsman with this letter. This is ridiculuous.
Where is the core who advised us to fax letter to USCIS. Please let us know what the action plan is ?
I am ready for $25.
I think we need to contact Ombudsman with this letter. This is ridiculuous.
felix31
07-24 11:45 AM
joining the club...
my I-485 was nicely pending @ TSC, and the company just sent H1 papers off to VSC for processing, so I can come back on H1. I am currently sitting in London (working for my GC employer from their UK office), when I got the Card Production E-mail. My previous H1 approval expired in March.
My EAD will expire next month, as well as AP. So, here is the rub, they will not let me come back to US on AP since system shows GC approved, H1 will be rejected since GC is approved.
needless to say PD is not current. I kind of remember having an approved RIR Labor with PD June 2004, but I dont remember having sent for I-140...No idea what to do and how to check that.
Dont trust company's lawyer, and I sent all I-485 papers by myself back in July 2007. I have an attorney that I bug from time to time but he is on vacation now...
So... am I completely screwed...?
My employer transfered me from US to UK couple of months ago, now they are transfering me back. I did go for H1 stamping in Dec here in London and IO said something like, my GC is taking too long, he will check why I dont already have it..
Just venting here, no clue whom to talk to next....
Any suggestions are welcome...
my I-485 was nicely pending @ TSC, and the company just sent H1 papers off to VSC for processing, so I can come back on H1. I am currently sitting in London (working for my GC employer from their UK office), when I got the Card Production E-mail. My previous H1 approval expired in March.
My EAD will expire next month, as well as AP. So, here is the rub, they will not let me come back to US on AP since system shows GC approved, H1 will be rejected since GC is approved.
needless to say PD is not current. I kind of remember having an approved RIR Labor with PD June 2004, but I dont remember having sent for I-140...No idea what to do and how to check that.
Dont trust company's lawyer, and I sent all I-485 papers by myself back in July 2007. I have an attorney that I bug from time to time but he is on vacation now...
So... am I completely screwed...?
My employer transfered me from US to UK couple of months ago, now they are transfering me back. I did go for H1 stamping in Dec here in London and IO said something like, my GC is taking too long, he will check why I dont already have it..
Just venting here, no clue whom to talk to next....
Any suggestions are welcome...
more...
GC_1000Watt
05-17 02:11 PM
It was super easy! Go IV.
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trueguy
07-17 02:42 PM
EB2 is the only hope for all EB3-I folks bcoz EB3-I is last in the chain to get any spillover so you should not have any hopes in next 5 years.
Dates will move one month per year for EB3-I in next 5 years unless a miracle happens.
Dates will move one month per year for EB3-I in next 5 years unless a miracle happens.
more...
gapala
03-20 09:50 PM
There is nothing really called transfer. When you are filing for the first time its counted against the cap. Otherwise its not. So when you are transfering the H1
1. You are not counted against the cap
2. Need to prove you are in status.
Yes there is and it is called visa portability. :) this is for you as well piyu, do not jump into summary so fast.
Ok, Here's what law says about so called "transfer"
D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States;
(b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
(c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.
The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.
Further it says,
The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.
There are few other memo's on this I will try to post the links for reference
1. You are not counted against the cap
2. Need to prove you are in status.
Yes there is and it is called visa portability. :) this is for you as well piyu, do not jump into summary so fast.
Ok, Here's what law says about so called "transfer"
D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States;
(b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
(c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.
The status of a dependent of a principal nonimmigrant that is working pursuant to portability benefits is derivative of and linked to the status of the principal nonimmigrant. Therefore, dependents will remain in H-4 status if the principal nonimmigrant is lawfully working pursuant to portability benefits.
Further it says,
The Service expects, therefore, to propose a rule that would afford H-lB beneficiaries, who are no longer working for the initial H-lB employer, some reasonable period of time such as 60 days after leaving the initial H-lB employer to begin working for a new H-lB petitioning employer under the portability provisions. It is important to note that such a proposed rule would not, of course, take effect until it has been published as a final rule, after notice and comment, and any revisions. This prospective statement of policy is provided solely for informational purposes to Service personnel and shall not be utilized as a standard of adjudication in cases involving portability issues, unless and until promulgation of a final rule implementing AC21 105 with such an interpretation. Service personnel will be notified of any changes in the processing of AC21 benefits that may occur upon the effective date of a final rule.
There are few other memo's on this I will try to post the links for reference
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krishnam70
03-23 08:02 PM
As long as you have had a valid h1b peition approved for employer 1 and employer 2 while you worked for them you are FINE.
According to my lawyer there is nuthing like a h1b transfer. When someone decides to move to a new sponsor that new sponsor files for a h1b via the petition but nuthing gets transfered, they need to refer to old h1b just to prove thatyou are legal and have been maintaining legal status.
in your case Employer X did so but you never joined that employer so you are fine. USCIS can get back to that emplyer if they have not cancelled your h1b as they are liable to pay you by law.
For real as you had an approved petition (latest but not the greatest) from Employer X but did not join them you are fine as long as you were still holding a valid petition with Emp # 2. You should respond back to RFE stating that you were maintaining stauts via emp#2 and were offered a job by EmpX which you never accepted. As a proof you should sen copies of pay stub for enitre period and w-2 + peition and visa copies.
Hope this helps!:)
BTW there is nothing like H1 Transfer as I learned, when you file your H1 with another employer its equivalent to a new H1 only thing is it will not count in the current year's quota.
You are good if you maintained valid status and have the documents to prove, not working for employer X with an approved petition is ok if you maintained your valid status with your current employer.
Get a good letter drafted by your attorney and it should be straightforward. Your attorney should have told you that.
- cheers
kris
According to my lawyer there is nuthing like a h1b transfer. When someone decides to move to a new sponsor that new sponsor files for a h1b via the petition but nuthing gets transfered, they need to refer to old h1b just to prove thatyou are legal and have been maintaining legal status.
in your case Employer X did so but you never joined that employer so you are fine. USCIS can get back to that emplyer if they have not cancelled your h1b as they are liable to pay you by law.
For real as you had an approved petition (latest but not the greatest) from Employer X but did not join them you are fine as long as you were still holding a valid petition with Emp # 2. You should respond back to RFE stating that you were maintaining stauts via emp#2 and were offered a job by EmpX which you never accepted. As a proof you should sen copies of pay stub for enitre period and w-2 + peition and visa copies.
Hope this helps!:)
BTW there is nothing like H1 Transfer as I learned, when you file your H1 with another employer its equivalent to a new H1 only thing is it will not count in the current year's quota.
You are good if you maintained valid status and have the documents to prove, not working for employer X with an approved petition is ok if you maintained your valid status with your current employer.
Get a good letter drafted by your attorney and it should be straightforward. Your attorney should have told you that.
- cheers
kris
more...
Jaime
09-07 01:06 AM
You must attend, you owe it to yourself and your family.
I got your PM, did you get mine?
I got your PM, did you get mine?
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Michael chertoff
07-15 10:05 AM
Even mine is EB2 with level II. I did not see a single case from my company with Level III or Level IV but still a lot of them are EB2.
My 140 approval says: Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2).
My understanding: this is EB2.
exactly same thing with me...
My 140 approval says: Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2).
My understanding: this is EB2.
exactly same thing with me...
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Green_Always
09-18 10:06 AM
Only god knows what processes, rules and regulations they follow. I am glad that i am maintaining H1B status with my I-485 and never used EAD.
Its just so disturbing that you are at the mercy of USCIS who didn't know anything about how to look and process the application.
when you use AC21 it means you used EAD right ?
How can you use AC21 and still be on H1 ? could you give us more info on this pls.
Its just so disturbing that you are at the mercy of USCIS who didn't know anything about how to look and process the application.
when you use AC21 it means you used EAD right ?
How can you use AC21 and still be on H1 ? could you give us more info on this pls.
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kumar1305
01-12 09:55 AM
If we fight we lose once, if we do not we lose every time we don't. IV has nothing to lose if it can at least talk to a very good attorney. I'm not a lawyer but there could many ambiguous statements in it, and good attorney could make use of them to fight.
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H4_losing_hope
02-19 10:40 AM
Got 3 letters yesterday.
We are trying to get as many as we can.
We all appreciate it! :)
We are trying to get as many as we can.
We all appreciate it! :)
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prabasiodia
07-17 07:51 PM
Nicely put paskal.
Let's do something (call Senators, Representatives, lobby) and put our collective strength behind getting those 200000 unused visas. RECAPTURE is the mantra .
you must know something i don't.
aman kapoor is the president and founder of iv- of course you can argue he now has his GC but that fact is he is still the heart and soul of iv and runs the organization on a day to day basis. he is EB3.
the "core group" does not much exist in practical terms right now. there is instead a large "leaders group" that helps coordinate actions and strategy.
this group has a lot of active members- and i find it "comfortable" to say that the majority are EB3. which may actually count for something- since i actually do know somethings you don't :-)
no one stops anyone from doing anything. but whatever you do (and yes you actually have to DO, not just keep talking), has to have a sound basis. Many of the suggestions put forward have flaws, and actually papu and others have been pretty helpful in politely helping to point those out and suggesting changes. of course reddog took objection even to that! incidentally, just for the record, you may want to look at pappu's profile . HE IS EB3!
so what do you want anyway? should we go tell USCIS that leftover Gc from EB2 ROW should go to EB3 ROW instead of EB2 I/C? what about the 28.6% that should belong to EB2? and since you are EB3 I- how does this help you in any way? or should we tell them to stop the preference catogories in INA and make EB1=EB2=Eb3? somehow i do not think that is going to fly.
where were you when USCIS implemented vertical spillover in 2006 and left EB2 I in a U state while giving EB2 Gc numbers to EB3 ROW?
did you object then? did you start a campaign? did EB2 I folks here start saying that iv did not care about them?
in 2007 ordinarily, (like 06) EB2 I and EB3 I would have got only 2,800 GC each. because of iv's efforts in reversing the july bulletin, EB3 I got a huge number of Gc instead. many more than any other category. i don't remember anyone else standing up and saying that this was unfair and that iv is all about EB3I. and that's what a lot of anti iv folks say. that iv is all about EB3 India. so this is very ironical.
and i see here a comment that every campaign has been bad for EB3 india.
i guess july reversal was bad. i guess the campaign for recapture is bad. and the 2 year EAD is bad too. not to mention the gathering support to end country quotas.
you opened my eyes :-)
Let's do something (call Senators, Representatives, lobby) and put our collective strength behind getting those 200000 unused visas. RECAPTURE is the mantra .
you must know something i don't.
aman kapoor is the president and founder of iv- of course you can argue he now has his GC but that fact is he is still the heart and soul of iv and runs the organization on a day to day basis. he is EB3.
the "core group" does not much exist in practical terms right now. there is instead a large "leaders group" that helps coordinate actions and strategy.
this group has a lot of active members- and i find it "comfortable" to say that the majority are EB3. which may actually count for something- since i actually do know somethings you don't :-)
no one stops anyone from doing anything. but whatever you do (and yes you actually have to DO, not just keep talking), has to have a sound basis. Many of the suggestions put forward have flaws, and actually papu and others have been pretty helpful in politely helping to point those out and suggesting changes. of course reddog took objection even to that! incidentally, just for the record, you may want to look at pappu's profile . HE IS EB3!
so what do you want anyway? should we go tell USCIS that leftover Gc from EB2 ROW should go to EB3 ROW instead of EB2 I/C? what about the 28.6% that should belong to EB2? and since you are EB3 I- how does this help you in any way? or should we tell them to stop the preference catogories in INA and make EB1=EB2=Eb3? somehow i do not think that is going to fly.
where were you when USCIS implemented vertical spillover in 2006 and left EB2 I in a U state while giving EB2 Gc numbers to EB3 ROW?
did you object then? did you start a campaign? did EB2 I folks here start saying that iv did not care about them?
in 2007 ordinarily, (like 06) EB2 I and EB3 I would have got only 2,800 GC each. because of iv's efforts in reversing the july bulletin, EB3 I got a huge number of Gc instead. many more than any other category. i don't remember anyone else standing up and saying that this was unfair and that iv is all about EB3I. and that's what a lot of anti iv folks say. that iv is all about EB3 India. so this is very ironical.
and i see here a comment that every campaign has been bad for EB3 india.
i guess july reversal was bad. i guess the campaign for recapture is bad. and the 2 year EAD is bad too. not to mention the gathering support to end country quotas.
you opened my eyes :-)
more...
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ramus
06-13 08:43 PM
Yes we should.. Plus we have to ways to go.. This is just temp. relief.
I think we should, this is a good time, people are happy. We should ask them to sign-up for monthly.
I think we should, this is a good time, people are happy. We should ask them to sign-up for monthly.
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gcpadmavyuh
04-26 12:04 PM
100$ today. paypal Receipt ID: 4AT89021DD156772R. Go IV Go. Let's get the visa numbers recaptured!
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saloni
06-25 11:54 PM
I sent my EAD paper file on 29th May to TSC. I received my EAD's today for 1 year. Cutoff date for 2 year is 30th june.
mirage - Did you paper file or e-file. Did you use USPS or Private courier to send to TSC.
mirage - Did you paper file or e-file. Did you use USPS or Private courier to send to TSC.
kondur_007
09-17 08:57 PM
I think they misplaced AC-21 application and also they missed NOID step. This is basically two mishaps.
Good luck.
Exactly the point that leads me to believe this:
ARE THEY SENDING EVERYTHING TO THE OLD LAWYER???
If they never updated the lawyer info....(AC21 papers being lost is not unusual at all, it happens commonly, as there is no set form for it, mail room does not know what to do with it and so it gets misplaced). However, even if they did not have AC21 info, they would have sent an RFE or at least NOID. All these could be LOST if they went to OLD attorney.
So Infopass is a good idea. To at least get this info and also to get the actual denial notice which may have to to the old attorney as well (to see on what grounds they denied it so you can file MTR accordingly).
Of course, a good attorney is a must.
All in all, I think, it should be ok at the end of the day (just a painful waiting period full of uncertainty) unless they revoked it based on some misrepresentation.
Good Luck.
Good luck.
Exactly the point that leads me to believe this:
ARE THEY SENDING EVERYTHING TO THE OLD LAWYER???
If they never updated the lawyer info....(AC21 papers being lost is not unusual at all, it happens commonly, as there is no set form for it, mail room does not know what to do with it and so it gets misplaced). However, even if they did not have AC21 info, they would have sent an RFE or at least NOID. All these could be LOST if they went to OLD attorney.
So Infopass is a good idea. To at least get this info and also to get the actual denial notice which may have to to the old attorney as well (to see on what grounds they denied it so you can file MTR accordingly).
Of course, a good attorney is a must.
All in all, I think, it should be ok at the end of the day (just a painful waiting period full of uncertainty) unless they revoked it based on some misrepresentation.
Good Luck.
ireddy
06-24 09:04 AM
Done
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