GC_1000Watt
07-29 05:43 PM
Thank you gc_1000_waats, My attorney also suggested the same as you had mentioned.
So, what is the difference between filing MTR and re-filing after it is declined? Why can't everybody whose h-1 petition has been declined, re-file for H-1 rather than going through the tedious path of MTR?
Well the reason is money. When you are reapplying you are paying the full fees to USCIS again ( I am sure USCIS likes it :D).
I am not too sure but I guess when you file MTR, you are not required to pay any fees.
So, what is the difference between filing MTR and re-filing after it is declined? Why can't everybody whose h-1 petition has been declined, re-file for H-1 rather than going through the tedious path of MTR?
Well the reason is money. When you are reapplying you are paying the full fees to USCIS again ( I am sure USCIS likes it :D).
I am not too sure but I guess when you file MTR, you are not required to pay any fees.
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GotFreedom?
07-30 10:49 PM
The date will move to sept 2002 since this is my PD and then it will stuck for another 5 years.
lol, but you have got to specify the exact date and time of your PD coz' the pace it moves at, ever second matters.
They did mention in one of the other threads that it will touch 2003 for ROW so I do not see any light at the end of the tunnel for EB3 I folks.
lol, but you have got to specify the exact date and time of your PD coz' the pace it moves at, ever second matters.
They did mention in one of the other threads that it will touch 2003 for ROW so I do not see any light at the end of the tunnel for EB3 I folks.
mirage
07-16 11:32 PM
They are all liars. Everybody on the hill knows H1B pays all kind of taxes. It's not worth wasting time in correcting somebody who's not ignorent but telling lies, same is true with Lou Dubbs
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Jitamitra
05-31 12:14 PM
Recently joined.
Contributed $200.
Contributed $200.
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joydiptac
05-26 01:50 PM
This is not a good advice...USCIS may have the file as active, and may approve EAD...If and when USCIS starts working on the application and issues RFE, etc., ...they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.
Thanks Saikat, for pointing out some potential pitfalls.
I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.
One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)
Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :
1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.
2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.
HTH
Thanks Saikat, for pointing out some potential pitfalls.
I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.
One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)
Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :
1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.
2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.
HTH
ameerka_dream
04-19 08:35 AM
^^^^^^^^^^bump^^^^^^^^^^
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like_watching_paint_dry
02-27 01:51 PM
I don't have any examples of a NOIR based on EB green card holder changing jobs too soon after 485 approval. I however have seen counter examples where a person changed jobs within a month of 485 approval and never had any problems at N-400 as long as they have maintained a good employment history, paid taxes, not committed any crime etc.
This is not to say that you or I or some other Joe wont have any issues, but is a hopeful indicator. It is however best to play it safe unless there's a pretty darn good reason to take up a job change soon after 485 approval.
This is not to say that you or I or some other Joe wont have any issues, but is a hopeful indicator. It is however best to play it safe unless there's a pretty darn good reason to take up a job change soon after 485 approval.
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ilikekilo
06-02 05:26 PM
did you send web faxes and contribute to IV, if not please do
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sanz
03-31 12:07 PM
Sen. Grassley calls for new L-1 visa probe
Raises concern that a 2006 report on L-1 visa was ignored
WASHINGTON -- U.S. Sen. Chuck Grassley (R.-Iowa) has asked the U.S. Department of Homeland Security (DHS) inspector general to investigate the L-1 visa program, saying he is increasingly concerned about loopholes in it.
Grassley on Tuesday released a letter to Charles Edwards, the DHS inspector general, asking him to dust off a 2006 inspector general report about the visa program and find out why the report's recommendations "were never implemented."
Grassley, who has been pressing for reforms of the H-1B visa, said he wants to find out the number of L-1 visa holders now living in the U.S.
The L-1 is used for multinational companies to bring employees into the U.S. and doesn't have has many restrictions as the H-1B visa, such as a prevailing wage requirement.
In his letter, Grassley wrote that "there's growing concern by many experts that companies are turning to L visas when the supply of H-1B visas are low. There is also a general consensus that L visas are being used to bring in 'rank and file' employees rather than top-level professionals with truly 'specialized knowledge.'" Specialized knowledge usually means advanced knowledge or expertise in a field.
In the 2006 study, the DHS's inspector general report referred to the L-1 visa as "the computer visa." It reported that from 1999 to 2004, nine of the 10 firms that petitioned for the most L-1 workers were computer and IT-related outsourcing service firms that specialized in labor from India. The number of L-1 petitions approved from 1995 to 2005, in most years, was just over 40,000. In 2001, nearly 60,000 were approved.
The report also found that the visa program was vulnerable to abuse and made several recommendations, including requiring immigration enforcement officers to assist in "checking the bona fides" of L visa petitions; putting in place a process for overseas verification of a petition; and clarifying what was meant by specialized knowledge, a requirement for the visa similar to what is asked for in H-1B visas.
Grassley said he wanted another look at the program because, "I have grown increasingly concerned that loopholes within the L-1 visa program have led to manipulation and broad overreach by those who use the program and have resulted in a great deal of fraud and abuse within the program
Raises concern that a 2006 report on L-1 visa was ignored
WASHINGTON -- U.S. Sen. Chuck Grassley (R.-Iowa) has asked the U.S. Department of Homeland Security (DHS) inspector general to investigate the L-1 visa program, saying he is increasingly concerned about loopholes in it.
Grassley on Tuesday released a letter to Charles Edwards, the DHS inspector general, asking him to dust off a 2006 inspector general report about the visa program and find out why the report's recommendations "were never implemented."
Grassley, who has been pressing for reforms of the H-1B visa, said he wants to find out the number of L-1 visa holders now living in the U.S.
The L-1 is used for multinational companies to bring employees into the U.S. and doesn't have has many restrictions as the H-1B visa, such as a prevailing wage requirement.
In his letter, Grassley wrote that "there's growing concern by many experts that companies are turning to L visas when the supply of H-1B visas are low. There is also a general consensus that L visas are being used to bring in 'rank and file' employees rather than top-level professionals with truly 'specialized knowledge.'" Specialized knowledge usually means advanced knowledge or expertise in a field.
In the 2006 study, the DHS's inspector general report referred to the L-1 visa as "the computer visa." It reported that from 1999 to 2004, nine of the 10 firms that petitioned for the most L-1 workers were computer and IT-related outsourcing service firms that specialized in labor from India. The number of L-1 petitions approved from 1995 to 2005, in most years, was just over 40,000. In 2001, nearly 60,000 were approved.
The report also found that the visa program was vulnerable to abuse and made several recommendations, including requiring immigration enforcement officers to assist in "checking the bona fides" of L visa petitions; putting in place a process for overseas verification of a petition; and clarifying what was meant by specialized knowledge, a requirement for the visa similar to what is asked for in H-1B visas.
Grassley said he wanted another look at the program because, "I have grown increasingly concerned that loopholes within the L-1 visa program have led to manipulation and broad overreach by those who use the program and have resulted in a great deal of fraud and abuse within the program
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gc_in_30_yrs
11-21 06:59 PM
In the context of Premium processing of H1B�s, I-140, EAD�s etc can we press our demands to newly elected Dems to have I-485 premium processing by paying extra $$$ to USCIS?
"Premium GC processing" will work as follows:
Pre-processing Condition/Base Rules:
If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....
...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!
USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..
Premium Paid GC - Few base Rules:
Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:
1. Pre- adjudicated:
Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability
2. Income Tax & W2�s:
Applicant pays Income Tax, files W2�s for say 3-4 years
3. EAD�s more than 3:
I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years
4. Check Legal entry in USA:
Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA
5. Security Threat/Name Check:
Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?
6. FP:
Finger Printing at least once (NOT over by 15 months etc..)
7. Biometric:
I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time
8. H1B/H4 extensions:
I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)
After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.
I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
Just kidding. I like your analogy.
"Premium GC processing" will work as follows:
Pre-processing Condition/Base Rules:
If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....
...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!
USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..
Premium Paid GC - Few base Rules:
Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:
1. Pre- adjudicated:
Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability
2. Income Tax & W2�s:
Applicant pays Income Tax, files W2�s for say 3-4 years
3. EAD�s more than 3:
I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years
4. Check Legal entry in USA:
Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA
5. Security Threat/Name Check:
Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?
6. FP:
Finger Printing at least once (NOT over by 15 months etc..)
7. Biometric:
I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time
8. H1B/H4 extensions:
I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)
After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.
I am sure ash0210 will get a job in USCIS to write rules for issuing GCs.
Just kidding. I like your analogy.
more...
billu
08-20 02:10 PM
4. An apology from USCIS for the delay!!
i think we should have USCIS director come home personally to deliver sincere apology in both verbal and written for making people from india file GC and provide detailed explaination for reasons of the delay....thats the only way for him to keep getting our business in future...
i think we should have USCIS director come home personally to deliver sincere apology in both verbal and written for making people from india file GC and provide detailed explaination for reasons of the delay....thats the only way for him to keep getting our business in future...
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gc_lover
06-20 12:24 PM
Hi gc_lover,
Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
for 140/485. I will try to pursue with my attorney if I get this info.
Thanks.
Case Details
TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
Waiting for Certification docs. to file 140/485.
Hello,
I got this from immigration-law.com website
=======================================
06/05/2007: I-140 Petitions Ineligible for Premium Processing
Under the regulation, the USCIS is authorized to suspend certain types of I-140 petitions for the premium processing on its website notice. As of now, the following I-140 petitions are not eligible for the premium processing:
1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
2. Labor Certification substitution requests; and
3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
It appears that the third category includes any I-140 petitions filed without the original labor certification regardless of whether they should obtain a duplicate labor certification from the DOL. It also appears that they refuse to process on the premium processing basis the I-140 petitions to request the priority date transfer unless the original labor certification application is filed with the request.
===============================================
You can apply for 140/485 but you cannot go for premium processing. I also know a case who has done this. You do not need any extra documents to file without LC. My lawyer had confirmed this thing. However, I am planning to send print out of website and email I have from BEC.
Yes, you can file without actual LC papers, so don't wait!
Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
for 140/485. I will try to pursue with my attorney if I get this info.
Thanks.
Case Details
TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
Waiting for Certification docs. to file 140/485.
Hello,
I got this from immigration-law.com website
=======================================
06/05/2007: I-140 Petitions Ineligible for Premium Processing
Under the regulation, the USCIS is authorized to suspend certain types of I-140 petitions for the premium processing on its website notice. As of now, the following I-140 petitions are not eligible for the premium processing:
1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
2. Labor Certification substitution requests; and
3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
It appears that the third category includes any I-140 petitions filed without the original labor certification regardless of whether they should obtain a duplicate labor certification from the DOL. It also appears that they refuse to process on the premium processing basis the I-140 petitions to request the priority date transfer unless the original labor certification application is filed with the request.
===============================================
You can apply for 140/485 but you cannot go for premium processing. I also know a case who has done this. You do not need any extra documents to file without LC. My lawyer had confirmed this thing. However, I am planning to send print out of website and email I have from BEC.
Yes, you can file without actual LC papers, so don't wait!
more...
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go_guy123
01-04 10:30 AM
This decade was lost because the Hispanic caucus was hell bent on Comprehensive approach...all or nothing model...and therefore got nothing.
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greensignal
12-31 11:04 AM
thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009
You can use your h1b to work after returning to US on AP.
You can use your h1b to work after returning to US on AP.
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GCNaseeb
08-08 04:25 PM
Even if you are not working on a project, you are technically working for a H1-B sponsorer. Once you could file your AOS, you are legal with a status of "AOS pending". During 180 days period, you don't have to work and just sit at home. Its very unlikely that your already filed AOS application will get adjudicated within 180 days. Once after 180days of filing, you invoke AC21 and start working on again with any employer.
You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...
You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...
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aristotle
08-08 01:13 PM
Just had an infopass appointment.
Me: Can you tell us the status of our 485s?
I/O: Name checks are pending for both
Me: Do you know when they were started?
I/O: At the time your application was submitted (duh!)
Me: Would our applications still be processed?
I/O: Yes, they are at TSC(duh!) and they are aware of the 6 month rule
Me: Are they assigned to an officer?
I/O: Right now they are with the officer"s" at Texas, as recently as July 31st, not too long ago.
Me: When do our fingerprints expire?
I/O: blank
I had enough by then.. dont think anything will happen to our apps this month. My wife will get a RFE, because of incomplete medicals (Xray), I was atleast hoping to get that RFE this month.
Me: Can you tell us the status of our 485s?
I/O: Name checks are pending for both
Me: Do you know when they were started?
I/O: At the time your application was submitted (duh!)
Me: Would our applications still be processed?
I/O: Yes, they are at TSC(duh!) and they are aware of the 6 month rule
Me: Are they assigned to an officer?
I/O: Right now they are with the officer"s" at Texas, as recently as July 31st, not too long ago.
Me: When do our fingerprints expire?
I/O: blank
I had enough by then.. dont think anything will happen to our apps this month. My wife will get a RFE, because of incomplete medicals (Xray), I was atleast hoping to get that RFE this month.
more...
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morchu
05-21 12:39 AM
I believe he just meant to say "not possible with one 140".
He just mentioned it in a confusing way.
"A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date."
The petition mentioned here is an I140 for EB1/EB2/EB3.
So it doesn't hurt to have more I140s approved. Whenever you do a "subsequent" petition, you just claim the earliest priority date (of the already approved ones).
I understand two I-140s, one existing (EB-3) and second new I-140 (EB2), but you have also mentioned more. Why need more than two, in what circumstances?
He just mentioned it in a confusing way.
"A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date."
The petition mentioned here is an I140 for EB1/EB2/EB3.
So it doesn't hurt to have more I140s approved. Whenever you do a "subsequent" petition, you just claim the earliest priority date (of the already approved ones).
I understand two I-140s, one existing (EB-3) and second new I-140 (EB2), but you have also mentioned more. Why need more than two, in what circumstances?
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bostonian28
12-10 12:16 PM
Please look at the below links, it says that one can move jobs after 180 days even without 140 being approved.
http://www.murthy.com/news/n_yatmay.html
Any comments / suggestions ?
http://www.murthy.com/news/n_yatmay.html
Any comments / suggestions ?
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pcs
01-04 08:09 AM
Many of us can not watch it for valid reasons..
Youtube will be great ... send the link...
Greatjob...
Youtube will be great ... send the link...
Greatjob...
akhilmahajan
09-14 03:22 PM
Please if you at home and can listen to it that will be great. Is there a way to record it up?
Being at work cant listen to it. I would have loved to listen to a dedicated and devoted personality.
Cheers.
Being at work cant listen to it. I would have loved to listen to a dedicated and devoted personality.
Cheers.
ravindrajadeja
04-30 08:34 PM
Yes getting her here on an F1 Visa is your best option. You can hv the wedding in India but she shd not disclose abt her wedding and shd cm here on her maiden name and after afew months you can hv a registered marriage here. That is what my cousin did and they flew together to US.
Thanks Chalam.. So who sponsored for her education?..Did she mention in admission process that her fiance is going to sponsor her education and also did she mention that during the F1 visa application process?...OR she did everything on her own not related to her fiance?..
Thanks again
Thanks Chalam.. So who sponsored for her education?..Did she mention in admission process that her fiance is going to sponsor her education and also did she mention that during the F1 visa application process?...OR she did everything on her own not related to her fiance?..
Thanks again
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