Soul
06-12 07:32 PM
lol you really want it? :P
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angelfire76
12-07 04:28 PM
EB1 is typically for Phds with solid publications behind their belts.
In some cases the individual can sponsor himself without an employer as such people are considered a good value add to the US. In other cases, an employer has to have a bonafide job opening requiring such skills (mostly professors, research, etc.,). These people are usually given their Green cards in ceremonies unlike EB2/EB3 where the card is mailed out in a USPS envelope.
There is also an easy way. In some companies in India, people with 5-6 years of experience are promoted to Project manager roles and have a group of people reporting to them. If this company transfers them to the US to continue the same role, they become eligible for EB1. So in a typical case,
complete education at age 22 and join company x as a software engineer
get promoted to Project manager at age 27 (5 years later)
come to the US at age 28 ( a year later)
apply for GC on EB1 (directly apply for 140/485 as there is no Labor required and also PDs are current)
get GC at age 29
you are all set...get married, buy the mini-van (Odyssey or Sienna), perhaps open a India/Pakistan grocery store on the side which rents out pirated DVDs of desi movies and enjoy life!
I know you are being pointedly sarcastic at a section of green card applicants but Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count)
Haven't heard of EB1s getting GC in ceremonies. After all the little piece of plastic is not an award of merit or anything (even though lot of us seem to think so :D)
In some cases the individual can sponsor himself without an employer as such people are considered a good value add to the US. In other cases, an employer has to have a bonafide job opening requiring such skills (mostly professors, research, etc.,). These people are usually given their Green cards in ceremonies unlike EB2/EB3 where the card is mailed out in a USPS envelope.
There is also an easy way. In some companies in India, people with 5-6 years of experience are promoted to Project manager roles and have a group of people reporting to them. If this company transfers them to the US to continue the same role, they become eligible for EB1. So in a typical case,
complete education at age 22 and join company x as a software engineer
get promoted to Project manager at age 27 (5 years later)
come to the US at age 28 ( a year later)
apply for GC on EB1 (directly apply for 140/485 as there is no Labor required and also PDs are current)
get GC at age 29
you are all set...get married, buy the mini-van (Odyssey or Sienna), perhaps open a India/Pakistan grocery store on the side which rents out pirated DVDs of desi movies and enjoy life!
I know you are being pointedly sarcastic at a section of green card applicants but Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count)
Haven't heard of EB1s getting GC in ceremonies. After all the little piece of plastic is not an award of merit or anything (even though lot of us seem to think so :D)
krishnam70
11-20 03:48 PM
Hi all,
Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.
My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.
Are you using EAD to work or still using H1? If you are using H1 and it is valid the IO at POE will admit you in the non-immigrant status not as a Parolee. This is based on experience and a question I asked the IO when I tried to enter the US using AP even though I had valid H1 stamp in my passport and a valid 797. He mentioned that as a rule they will admit the candidate in non-immigrant status if the candidate is actually working on a non-immigrant visa. If you were are using your EAD and show documentation then they will admit you using AP.
-good luck
kris
Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.
My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.
Are you using EAD to work or still using H1? If you are using H1 and it is valid the IO at POE will admit you in the non-immigrant status not as a Parolee. This is based on experience and a question I asked the IO when I tried to enter the US using AP even though I had valid H1 stamp in my passport and a valid 797. He mentioned that as a rule they will admit the candidate in non-immigrant status if the candidate is actually working on a non-immigrant visa. If you were are using your EAD and show documentation then they will admit you using AP.
-good luck
kris
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glus
06-28 04:47 PM
O MY GOD !! You are so right............guys.. check out Rajiv Khanna's web site, Check out Sheela Murthy's web site, USCIS.....everyone is saying the same.........we are royally screwed. God Helppppppppppp
You are as stupid as what you wrote.
You are as stupid as what you wrote.
more...
frostrated
06-25 01:17 PM
Here are the questions that I have:
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.
2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.
I would like to know what various attorneys think about this
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
enggr
10-04 08:17 AM
They have this in Connecticut (CT) state also . In 2010 Jan I applied for my license transfer and they checked my 797, passport, employment verification letter etc and they said they need to send the verification to USCIS which will take a few hours or a day. they wanted me to come back the next day to collect the license
more...
sac-r-ten
02-26 04:56 PM
Sorry for your situation. Its better to look for H1 transfer soon. Also expose such body shopper here, so that future H1B are aware of such dingy fly by night operators.
Nothing more anybody can do here on this forum, because everyone is sitting tight and holding on to their seats in this economy.
Good luck man.
Nothing more anybody can do here on this forum, because everyone is sitting tight and holding on to their seats in this economy.
Good luck man.
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chanduv23
06-19 10:15 AM
Here is a recap from Murthy bulletin
USCIS Errors in Denying a Case
AILA Liaison requested that, where the USCIS denies a case in error, then the filing fee for a Motion to Reopen or appeal should be waived. It was suggested that the Ombudsman�s office needs to intervene in emergency cases, where time is of the essence.
Although the Ombudsman's office cannot adjudicate or approve a case, it believes that these channels may help in obtaining resolution via internal communications that recommend specific solutions.
It is important that the entire process with USCIS be followed in terms of filing the appeal or motion to reconsider (MTR) or other process. The CIS Ombudsman's office may attempt to intervene to resolve particular matters, but the individual or employer needs to follow the particular agency's guidelines and not miss any deadline or assume that the Ombudsman will resolve all legal concerns within a particular timeframe.
Folks - if we are not willing to help ourselves, we will have to go through these burden. So plese come forward.
If Authorities know about issues that are common and widespread - then necessary steps will be taken to correct them - otherwise we are all bound to suffer
USCIS Errors in Denying a Case
AILA Liaison requested that, where the USCIS denies a case in error, then the filing fee for a Motion to Reopen or appeal should be waived. It was suggested that the Ombudsman�s office needs to intervene in emergency cases, where time is of the essence.
Although the Ombudsman's office cannot adjudicate or approve a case, it believes that these channels may help in obtaining resolution via internal communications that recommend specific solutions.
It is important that the entire process with USCIS be followed in terms of filing the appeal or motion to reconsider (MTR) or other process. The CIS Ombudsman's office may attempt to intervene to resolve particular matters, but the individual or employer needs to follow the particular agency's guidelines and not miss any deadline or assume that the Ombudsman will resolve all legal concerns within a particular timeframe.
Folks - if we are not willing to help ourselves, we will have to go through these burden. So plese come forward.
If Authorities know about issues that are common and widespread - then necessary steps will be taken to correct them - otherwise we are all bound to suffer
more...
chanukya
05-23 07:35 AM
As many of you have been following, there are some provisions that benefit folks with advanced degree in STEM from US universities by exempting them from the Visa quota. I think CIR in its current form has a provision and the Cornyn (4005) and the Brownback (4058) ammendments that are yet to be introduced also have some such provisions.
My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.
Any thoughts or comments?
CORNYN amendment�Very cleverly worded..Regarding US Masters and above...
On Careful reading of SA4005...
On one hand exempts US any Masters from Quota but does not exempt from LC any US Masters unless such US Masters and above are "Member of Professions" ???? with advanced degrees.
So, US Masters(STEM or no STEM) and above still have to go thru LC Process....unless they are "Member of Professions", who will be handled as a special case.
Above "Memebr of Professions" open to many legal interpretations and INS dictionary may say something like it means only Doctors/Lawyers....?
http://immigrationvoice.org/forum/at...6&d=1147880856
Bottom Line, US Masters thru any bill or its amendments cannot avoid LC process.
Only difference is in CORNYN amendment any US Masters (not necessarily STEM US Masters) are exempt from quota.
And your assessment is correct, PERM ..US Masters stand to benefit immedeatly.
My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.
Any thoughts or comments?
CORNYN amendment�Very cleverly worded..Regarding US Masters and above...
On Careful reading of SA4005...
On one hand exempts US any Masters from Quota but does not exempt from LC any US Masters unless such US Masters and above are "Member of Professions" ???? with advanced degrees.
So, US Masters(STEM or no STEM) and above still have to go thru LC Process....unless they are "Member of Professions", who will be handled as a special case.
Above "Memebr of Professions" open to many legal interpretations and INS dictionary may say something like it means only Doctors/Lawyers....?
http://immigrationvoice.org/forum/at...6&d=1147880856
Bottom Line, US Masters thru any bill or its amendments cannot avoid LC process.
Only difference is in CORNYN amendment any US Masters (not necessarily STEM US Masters) are exempt from quota.
And your assessment is correct, PERM ..US Masters stand to benefit immedeatly.
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govind440
08-30 07:05 AM
Hi
tanx for ur reply. I already quit the job since i could not bear him..any more nd his mental torture...I ma planing to give a compliant to DOL and wanna c if it can be helpful to me..Si i cnat record anymore i tohught of recording it but never really got a courage to do that. I will c if i cna sue him...
Try to record few of your conversations with him with a hidden camcorder and/or voice recorder, once you are sure you have enough evidence - talk to a good lawyer, also file for a h1b transfer and change job and once you get into your new job sue this old employer for mental agony and torture etc....... lawyer will manage this
tanx for ur reply. I already quit the job since i could not bear him..any more nd his mental torture...I ma planing to give a compliant to DOL and wanna c if it can be helpful to me..Si i cnat record anymore i tohught of recording it but never really got a courage to do that. I will c if i cna sue him...
Try to record few of your conversations with him with a hidden camcorder and/or voice recorder, once you are sure you have enough evidence - talk to a good lawyer, also file for a h1b transfer and change job and once you get into your new job sue this old employer for mental agony and torture etc....... lawyer will manage this
more...
sweet_jungle
09-24 01:16 PM
[QUOTE=thepaew;292857]It is not possible to switch to F-1 if one has filed I-140. If you wish to pursue an MBA you basically have 3 choices:
1. US-based part-time program
2. If you are married, you can attend on H-4, with risks of being out of status if your spouse loses employment and the difficulty in obtaining US-based placements.
3. Look outside the US - INSEAD, IMD, MBA-HSG, LBS, ISB, etc. etc. There are very good options outside the US too.
Good Luck!
-N[/QUOTE
here is what I am planning to do. Go ahead and apply. If I get admission and GC does not come through by next fall, simply ask for a deferral. If it is not granted, apply again.
I do not want to reset my GC process.
Anybody getting ready for RI next month?
1. US-based part-time program
2. If you are married, you can attend on H-4, with risks of being out of status if your spouse loses employment and the difficulty in obtaining US-based placements.
3. Look outside the US - INSEAD, IMD, MBA-HSG, LBS, ISB, etc. etc. There are very good options outside the US too.
Good Luck!
-N[/QUOTE
here is what I am planning to do. Go ahead and apply. If I get admission and GC does not come through by next fall, simply ask for a deferral. If it is not granted, apply again.
I do not want to reset my GC process.
Anybody getting ready for RI next month?
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asdqwe2k
01-21 05:52 PM
http://news.yahoo.com/s/nm/20070121/pl_nm/usa_immigration_dc
U.S. companies are also clamoring for more H1B visas to allow foreign software engineers and other skilled workers into the country.
The 65,000 visas allotted for 2007 were taken by the end of May last year, months before the end of the fiscal year in September, said Jack Krumholtz, the head of Microsoft Corp.'s government affairs office. It is also difficult to get permanent U.S. residency for foreign workers who would like to stay, he said.
"This is becoming for high-tech companies a huge retention issue," Krumholtz said. "We will start to see highly valued tech employees emigrate back to their home countries."
U.S. companies are also clamoring for more H1B visas to allow foreign software engineers and other skilled workers into the country.
The 65,000 visas allotted for 2007 were taken by the end of May last year, months before the end of the fiscal year in September, said Jack Krumholtz, the head of Microsoft Corp.'s government affairs office. It is also difficult to get permanent U.S. residency for foreign workers who would like to stay, he said.
"This is becoming for high-tech companies a huge retention issue," Krumholtz said. "We will start to see highly valued tech employees emigrate back to their home countries."
more...
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cox
October 23rd, 2005, 08:59 AM
Hi Michael, nice shots. It's easy to see that you brought the discipline and hard work of your nature work to the studio. What was your lighting setup? Flash? strobes?...
Thanks, Kevin. I'm somewhat embarassed, as I did not use any lighting setup, so your attribution of hard work is, I fear, a little misplaced. I have this house with full floor-to-ceiling windows, and was using natural morning light, diffused by the fog that has hung over the bay for the last week in the AM. I used the camera's meter, either spot or center weighted, with manual bracketing when I thought that was insufficient, as was the case with the wreath & red roses.
...I would be interested in knowing the shooting parameters of these shots, what lenses used, etc...
I was using the 1DMII, and three lenses; the 50mm f/1.8, 100mm f/2.8 Macro, and my newly purchased 16-35mm f/2.8L. Most important was the Manfrotto tripod that allows nearly infinite positioning flexibility. As I said before, I made a cheesy PVC pipe frame and welders clips to hang backgrounds (<10 min fabrication time, <$10). All cases used low f stops, 2-6, & long exposures at low ISO for better quality. I was using the low f stops to help hide the imprefections in the background and give the soft focus effect the customer is looking for.
Good luck! I'm off to the Islands for a week.
I hope islands far from caribbean hurricanes!!
Thanks for the input, all. I suppose that I ought to look at getting some lights... Since I was using natural light, we (customer & I) didn't finish yesterday, and I will have to do the last pieces today (about 2 dozen total). That will also allow me to go over contact sheets with her.
Thanks, Kevin. I'm somewhat embarassed, as I did not use any lighting setup, so your attribution of hard work is, I fear, a little misplaced. I have this house with full floor-to-ceiling windows, and was using natural morning light, diffused by the fog that has hung over the bay for the last week in the AM. I used the camera's meter, either spot or center weighted, with manual bracketing when I thought that was insufficient, as was the case with the wreath & red roses.
...I would be interested in knowing the shooting parameters of these shots, what lenses used, etc...
I was using the 1DMII, and three lenses; the 50mm f/1.8, 100mm f/2.8 Macro, and my newly purchased 16-35mm f/2.8L. Most important was the Manfrotto tripod that allows nearly infinite positioning flexibility. As I said before, I made a cheesy PVC pipe frame and welders clips to hang backgrounds (<10 min fabrication time, <$10). All cases used low f stops, 2-6, & long exposures at low ISO for better quality. I was using the low f stops to help hide the imprefections in the background and give the soft focus effect the customer is looking for.
Good luck! I'm off to the Islands for a week.
I hope islands far from caribbean hurricanes!!
Thanks for the input, all. I suppose that I ought to look at getting some lights... Since I was using natural light, we (customer & I) didn't finish yesterday, and I will have to do the last pieces today (about 2 dozen total). That will also allow me to go over contact sheets with her.
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abhijitp
11-16 06:44 PM
I sent in my I-140,I-485,EAD & AP applications to Nebraska Service Center which was the nodal agency to receive all I-140 applications during July -August 2007. They then would transfer some of the cases to TSC for processing. Due the visa bulletin fiasco, my applications were transferred to VSC for data entry and all my receipts have an EAC number. I received my EAD & AP and also a transfer notice informing that my I-485 was transferred to TSC as my job is in a state that comes under TSC's jurisdiction. But I did not hear anything about my I-140 being transferred to TSC. So we called up USCIS to check on it. We were informed that VSC would process my I-140 application and it was not necessary for it to be transferred to TSC unlike I-485.
My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...
How did you know your I-140 went to VSC?
I am curious because a lot of I-140's from my office (all filed in March 2007) are still pending approval with TSC. When we called USCIS for the status they asked us to call back after a couple of weeks (they need 30 days past the 6 months processing timeline). I am curious if these apps in fact got re-routed to some other service center. I hope they would send out a notification if they decided to do that!
BTW, to answer your question, I think there is no way out, except to wait for VSC processing timelines to show up! (I assume you are saying they are not showing a processing timeline for I-140's at VSC.)
My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...
How did you know your I-140 went to VSC?
I am curious because a lot of I-140's from my office (all filed in March 2007) are still pending approval with TSC. When we called USCIS for the status they asked us to call back after a couple of weeks (they need 30 days past the 6 months processing timeline). I am curious if these apps in fact got re-routed to some other service center. I hope they would send out a notification if they decided to do that!
BTW, to answer your question, I think there is no way out, except to wait for VSC processing timelines to show up! (I assume you are saying they are not showing a processing timeline for I-140's at VSC.)
more...
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07-16 07:46 PM
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gcpain
06-25 03:09 PM
You guys are great. Guys like you are making this world better place to live. I wish you both good luck.
I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. So now I have to pay only application fees but not any attorney charges. Do you guys know info about following?
I485 applicatio fee:
I-131 applicatio fee:
I765 applicatio fee:
Once again thanks for your advice.
I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. So now I have to pay only application fees but not any attorney charges. Do you guys know info about following?
I485 applicatio fee:
I-131 applicatio fee:
I765 applicatio fee:
Once again thanks for your advice.
more...
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same_old_guy
02-23 02:01 PM
Dont worry you will get your RFE soon. I saw pretty much everyone is getting RFE for H1 extension ( beyond 6 yr) these days !
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logiclife
12-04 11:59 AM
I'm with you, why is everyone so afraid?
God knows there would be enough people for a class action lawsuit against DOL.
My congressman called DOL and they said my case had been withdrawn: but it had been withdrawn b/c of THEIR errors, TWICE!
Both times it was reinstated and proved to be their error, and they are still using it as an excuse for not processing it yet.
And I thought "developed" countries worked differently than "developing" countries.
If IV has enough people interested I would certainly be interested to participate in a CA suit against DOL. I am losing hope that diplomacy will bring any results for us to be helpful.
USCIS only works faster when there have been mandamus suits filed against them, unfortunately no one seems to have done anything with DOL. Maybe it's time
For the lawsuit.
This isnt the first time people have thought that lawsuit against DOL is a good idea.
That is not true. Nothing will be gained from the lawsuit. There have been lawsuits against DOL before for exactly the ineffciency and slowness. Those lawsuits have failed. They will fail again. Being inefficient is not against the law. See the IV document on DOL- backlogs here :
http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50
Also, read about the lawsuit Liberty Fund v. Chao and judge's opinion on that lawsuit.
And BTW, earlier this year, there were few people on immigration portal collecting money for lawsuit against DOL. I dont know how far it went.
God knows there would be enough people for a class action lawsuit against DOL.
My congressman called DOL and they said my case had been withdrawn: but it had been withdrawn b/c of THEIR errors, TWICE!
Both times it was reinstated and proved to be their error, and they are still using it as an excuse for not processing it yet.
And I thought "developed" countries worked differently than "developing" countries.
If IV has enough people interested I would certainly be interested to participate in a CA suit against DOL. I am losing hope that diplomacy will bring any results for us to be helpful.
USCIS only works faster when there have been mandamus suits filed against them, unfortunately no one seems to have done anything with DOL. Maybe it's time
For the lawsuit.
This isnt the first time people have thought that lawsuit against DOL is a good idea.
That is not true. Nothing will be gained from the lawsuit. There have been lawsuits against DOL before for exactly the ineffciency and slowness. Those lawsuits have failed. They will fail again. Being inefficient is not against the law. See the IV document on DOL- backlogs here :
http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50
Also, read about the lawsuit Liberty Fund v. Chao and judge's opinion on that lawsuit.
And BTW, earlier this year, there were few people on immigration portal collecting money for lawsuit against DOL. I dont know how far it went.
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howzatt
11-14 02:22 PM
As per my family experience: for my husband and daughter they issued EADs without
FP 3 weeks befor FP app-t, but mine EAD was ordered, as I've been informed by e-mail,
in a 4 days after FP was done.
So, even if Biometricals are not mandatory for EAD, but EAD Card has place for FP on it,
in some cases they(USCIS) may pretend that there are a requirements( depends from officer)
Does it have anything to do with how recently you travelled out of the country? or How recently you came into this country? My wife came to US only 6 months back and I am not sure if this has got to do anything with the whole biometrics thing?
It is probably just this IO who has a different intepretation of the rules.
FP 3 weeks befor FP app-t, but mine EAD was ordered, as I've been informed by e-mail,
in a 4 days after FP was done.
So, even if Biometricals are not mandatory for EAD, but EAD Card has place for FP on it,
in some cases they(USCIS) may pretend that there are a requirements( depends from officer)
Does it have anything to do with how recently you travelled out of the country? or How recently you came into this country? My wife came to US only 6 months back and I am not sure if this has got to do anything with the whole biometrics thing?
It is probably just this IO who has a different intepretation of the rules.
toprasad
06-10 12:39 AM
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
srinivas_o
05-08 02:27 PM
I am also in the same boat. If the current employer does not like me to move to a new position, is there anything the current employer can do stop getting GC?
My I-140 approved and I-485 is pending more than 180 days and priority date is Aug 2004 (EB3).
I got a good offer and want to leave the current employer by shifting to EAD from H1. What would be the worst case scenario the present employer can do to stop getting GC or what else I might need from him in the future regarding GC processing?
Gurus, please help.
My I-140 approved and I-485 is pending more than 180 days and priority date is Aug 2004 (EB3).
I got a good offer and want to leave the current employer by shifting to EAD from H1. What would be the worst case scenario the present employer can do to stop getting GC or what else I might need from him in the future regarding GC processing?
Gurus, please help.
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