needhelp!
09-16 06:29 PM
Time to use that precious gift of speech and convey your feelings to the judiciary committee..
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anemmani
01-22 09:34 AM
Why should we fight about every issue that is posted? Cant we debate it like mature people? This tendency to fight (and get emotional) over irrelevant issues will not help us any better.
Most of us in this immigration thread are academically oriented. And I believe that this can be attributed to the way in which we were molded in our early life. Most of our parents would stress academic excellence over athletic and artistic abilities. They made all our choices all the way to college and maybe beyond. They would always trump every argument with the statement, "We know what is best for you."
That said, I think the comparison between western and eastern parenting in US is not completely fair. The section of Indians & Chinese immigrants in US are educated and were probably at the top of their classes in their respective countries. They excelled academically and it helped them (us) immigrate and be part of the successful strata of this country. We cannot compare these immigrants with the Western population as a whole. We should compare eastern and western parenting techniques among parents with similar backgrounds.
Successful American families produce successful kids. This is also true for families of all races. Each set of parents have their own method.
Getting greencard is not everything. We have lives beyond the greencard. We have (or will have) kids and have a responsibility towards raising them to give them the best possible skills (academic, artistic & social) to thrive in their lives. And a mature discussion in parenting methods is useful.
I urge everyone of you to make your arguments and highlight relative merits & de-merits. You may also argue whether this discussion has merit or not. But no name calling.
Nag
Most of us in this immigration thread are academically oriented. And I believe that this can be attributed to the way in which we were molded in our early life. Most of our parents would stress academic excellence over athletic and artistic abilities. They made all our choices all the way to college and maybe beyond. They would always trump every argument with the statement, "We know what is best for you."
That said, I think the comparison between western and eastern parenting in US is not completely fair. The section of Indians & Chinese immigrants in US are educated and were probably at the top of their classes in their respective countries. They excelled academically and it helped them (us) immigrate and be part of the successful strata of this country. We cannot compare these immigrants with the Western population as a whole. We should compare eastern and western parenting techniques among parents with similar backgrounds.
Successful American families produce successful kids. This is also true for families of all races. Each set of parents have their own method.
Getting greencard is not everything. We have lives beyond the greencard. We have (or will have) kids and have a responsibility towards raising them to give them the best possible skills (academic, artistic & social) to thrive in their lives. And a mature discussion in parenting methods is useful.
I urge everyone of you to make your arguments and highlight relative merits & de-merits. You may also argue whether this discussion has merit or not. But no name calling.
Nag
rockets12345
10-30 01:04 PM
Any one please?
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anzerraja
07-20 03:19 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
more...
Lucky7
12-05 06:38 AM
with this type of money and job, you should have filed for EB2.. why EB3
At the time i was 2 semesters away from my Masters plus the mess my previous attorney had caused, my new attorney felt comfortable filing under EB3 because he felt i would have problems at the I-140 stage if i did not compete my Masters by that time.
In 2001 my attorney expected to have my GC by 2003 the latest and he was not counting on this mess with DBEC.
Hope all of us are through with this nightmare by end of 2007.
At the time i was 2 semesters away from my Masters plus the mess my previous attorney had caused, my new attorney felt comfortable filing under EB3 because he felt i would have problems at the I-140 stage if i did not compete my Masters by that time.
In 2001 my attorney expected to have my GC by 2003 the latest and he was not counting on this mess with DBEC.
Hope all of us are through with this nightmare by end of 2007.
amitjoey
12-04 01:21 PM
I am a Commercial/Industrial Architect and have allready had to turn down 2 jobs this year making double what i make here in hicksville Fresno CA due to the fact that i do not have a green card.
As far as the investor visa,i have looked into this too with my attorney and i am not elligible,even though i have the funds,due to the fact that my previous attorney did not file my papers on time in 2000 and therfore had to refile under 245i in 2001 and i am paying the price along with 30 other clients of the crooked attorney who ran away to another state.
My earnings this yr were above your guys fugures but Uncle Sam takes a very large chunk due to being single,no real estate in my name and no tax write offs.
lucky7: Are you a licenced architect? Construction Manager? or a Jun-Architect?. You said $92/hr
As far as the investor visa,i have looked into this too with my attorney and i am not elligible,even though i have the funds,due to the fact that my previous attorney did not file my papers on time in 2000 and therfore had to refile under 245i in 2001 and i am paying the price along with 30 other clients of the crooked attorney who ran away to another state.
My earnings this yr were above your guys fugures but Uncle Sam takes a very large chunk due to being single,no real estate in my name and no tax write offs.
lucky7: Are you a licenced architect? Construction Manager? or a Jun-Architect?. You said $92/hr
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srox
03-04 07:26 PM
Pls add mine :).tq
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enggr
03-17 03:56 AM
Friends,
My I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
My I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.
The following are the words from USCIS denial notice.
"The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "
Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."
We are planning to file a new labor certification by end of this month as the current one is 99% a gone case
As you all know I was trying to save this application to save my wife's EAD.
Please help me with one of the options below.
Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both
1) Appealing the decision
Pros: My wife gets a chance to win her EAD back which is a big win for us
Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer
2) Applying new EB3 I-140
Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.
I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege
. My answer to my attorney regarding the next course of action depends on your advice(s) very much.
Thanks in advance and I really appreciate who posted replies to my questions earlier.
Enggr:
Labor approved 2006 Aug EB2
I-140 applied 2006 Nov EB2
I-140 RFE 2007 Sep
RFE response 2007 Nov
I-140 denied 2008 Mar
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Lisap
02-25 02:18 PM
Hello All,
I was wondering if someone could please explain what the processing dates mean.... For Texas 485 processing date is April 2007. Does this mean they are adjucating 485 applications received in April 2007? I am confused- does this mean that anyone who applied for AOS after april 2007 will not get their GC even if their PD is current? I am just trying to understand the process. Thanks in advance!
I was wondering if someone could please explain what the processing dates mean.... For Texas 485 processing date is April 2007. Does this mean they are adjucating 485 applications received in April 2007? I am confused- does this mean that anyone who applied for AOS after april 2007 will not get their GC even if their PD is current? I am just trying to understand the process. Thanks in advance!
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Tshelar
01-02 02:11 PM
The consulate usually do need more info if you work for Pharmaceucatical or Biotech company. I work for a Pharmaecutical company and when I had gone for my Visa interview they were very specific to ask me if my work deals in any kind of research in chemicals etc. Since I work in the IT department and has nothing to do with reasearch they did not ask for any more info.
I think your wife should be fine if she furnishes the info that they need.
I think your wife should be fine if she furnishes the info that they need.
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chanduv23
03-03 12:14 PM
chanduv
thanks for the encouraging reply. it seems like some people are getting denials without any NOIDs and are going out of status due to that. my previous company is not going to revoke my I-140 so that is not a problem. however i am concerned about any other stupid reasons that these people might put in a denial and make us go through the suffering process. do you know of any such situations or do you think that the USCIS is completely aware of this AC21 clauses and that they do not simply deny the cases. I know i am asking a completely insane question but just wanted to try any ways.
thanks a lot in advance.
Check out my blog on IV also check some threads that ran in past.
Remember - RFE for employment does not necessarily get triggered because of 140 revoke - it can be triggered even if you change address (see some threads)
thanks for the encouraging reply. it seems like some people are getting denials without any NOIDs and are going out of status due to that. my previous company is not going to revoke my I-140 so that is not a problem. however i am concerned about any other stupid reasons that these people might put in a denial and make us go through the suffering process. do you know of any such situations or do you think that the USCIS is completely aware of this AC21 clauses and that they do not simply deny the cases. I know i am asking a completely insane question but just wanted to try any ways.
thanks a lot in advance.
Check out my blog on IV also check some threads that ran in past.
Remember - RFE for employment does not necessarily get triggered because of 140 revoke - it can be triggered even if you change address (see some threads)
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fide_champ
08-04 06:50 PM
Hi,
Thanks , for point 3 , I can apply for premium COS with future date as effective(say 6 weeks from now) , I will know on approval within 2 weeks since its a premium n then i can get my family here since I know for sure L1-H1 is approved , this will avoid family either going to stamping at chennai or every one (all of us) leaving back to india due to non approval of COS. But now Major question is , if I apply for premium COS will it be possible to include dependents COS as well in the same request , with dependents currently being in India ? or if i were to apply COS for them after they are here , will it be same cost n procedure as mine (COS that was successfully processed just for myself)?
You cannot do a COS for them while they are in india. It would be better if you can apply COS for all including yourself at the sametime to avoid complications. Basically the COS for your family must be applied before your COS gets approved. I suggest you speak with a lawyer for exact interpretation of rules.
Thanks , for point 3 , I can apply for premium COS with future date as effective(say 6 weeks from now) , I will know on approval within 2 weeks since its a premium n then i can get my family here since I know for sure L1-H1 is approved , this will avoid family either going to stamping at chennai or every one (all of us) leaving back to india due to non approval of COS. But now Major question is , if I apply for premium COS will it be possible to include dependents COS as well in the same request , with dependents currently being in India ? or if i were to apply COS for them after they are here , will it be same cost n procedure as mine (COS that was successfully processed just for myself)?
You cannot do a COS for them while they are in india. It would be better if you can apply COS for all including yourself at the sametime to avoid complications. Basically the COS for your family must be applied before your COS gets approved. I suggest you speak with a lawyer for exact interpretation of rules.
more...
house Big lack
eastindia
08-20 12:06 PM
Ron says, The USCIS teleconference concerning implementation of PL 111-230 provided the following information:
* The effective date of the new law was August 14, 2010 and all petition submissions postmarked on or after that date are subject to the new tax.
* The new tax only applies to companies that have:
o 50 or more full and part time employees in the US; and
o At least 50% of those employees hold H1B or L status.
* If an employee has an EAD, but is working using an H1B, that employee counts toward the total. If the employee works using his or her EAD, however, the employee does not count.
* The new tax only applies to new H filings (including change of employer filings)
* The new tax DOES NOT apply to extensions or amendments
* The total new tax is $2,000, not the higher amount originally feared
* The CIS confirmed that the additional fee must be paid by the petitioner and not the employee
* Both full and part time employees count toward the 50 employee threshold
* Any L2 employees, working using an EAD, also count toward the total
* The CIS is in the process of developing a new I-129 form to capture information concerning the new fee
* The CSC and VSC are attempting to screen existing cases, with filing postmarks on or after August 14th. For those that are found likely to be subject to the new tax, they will issue RFEs
* DO NOT send checks to the CIS for the additional fee until you receive an RFE.
* New filings by exempt companies should include a signed attestation that they are not subject to the new tax.
* Best practice, use a separate check for the new fee.
* The effective date of the new law was August 14, 2010 and all petition submissions postmarked on or after that date are subject to the new tax.
* The new tax only applies to companies that have:
o 50 or more full and part time employees in the US; and
o At least 50% of those employees hold H1B or L status.
* If an employee has an EAD, but is working using an H1B, that employee counts toward the total. If the employee works using his or her EAD, however, the employee does not count.
* The new tax only applies to new H filings (including change of employer filings)
* The new tax DOES NOT apply to extensions or amendments
* The total new tax is $2,000, not the higher amount originally feared
* The CIS confirmed that the additional fee must be paid by the petitioner and not the employee
* Both full and part time employees count toward the 50 employee threshold
* Any L2 employees, working using an EAD, also count toward the total
* The CIS is in the process of developing a new I-129 form to capture information concerning the new fee
* The CSC and VSC are attempting to screen existing cases, with filing postmarks on or after August 14th. For those that are found likely to be subject to the new tax, they will issue RFEs
* DO NOT send checks to the CIS for the additional fee until you receive an RFE.
* New filings by exempt companies should include a signed attestation that they are not subject to the new tax.
* Best practice, use a separate check for the new fee.
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aamchimumbai
09-12 12:06 AM
Folks,
I applied for my 485 last week and the apps. were received at the NSC on Sep 5. Typically, how long does it take for the USCIS to send a receipt notice? Rather when can I expect to see that my application was accepted for processing....
It'll be a week tomorrow. Can anyone shed some light from their past experience.
Thanks all.
I applied for my 485 last week and the apps. were received at the NSC on Sep 5. Typically, how long does it take for the USCIS to send a receipt notice? Rather when can I expect to see that my application was accepted for processing....
It'll be a week tomorrow. Can anyone shed some light from their past experience.
Thanks all.
more...
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bkarnik
08-24 05:05 PM
Quick point:
I would request members to please post their threads under the proper forum header. The issue raised by this thread has nothing to do with IV Agenda or Legislative issues.
Thanks,
BKarnik
I would request members to please post their threads under the proper forum header. The issue raised by this thread has nothing to do with IV Agenda or Legislative issues.
Thanks,
BKarnik
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BimmerFAn
06-13 01:45 PM
No there is no premium processing process for waiver applications. There seems to be no apparent order in the order they are adjudicated. Once the Department of State recommends you for a waiver you may apply for H1B change of status with the recommendation alone. If ur H1B application is filed for premium processing then the USCIS might adjudicate the waiver within 15 days as part of the h1b processing.
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snhn
06-13 02:53 PM
Ok, My PD is Oct 2001 .EB3 pending labo9r in dallas backlog center. 45 day letter received in Jan of this year. No more conresspondence so far. However my company filed PERM EB3 it got approved and now the I140 is approved as well. My PD is up for the old labor. Is there anyways, I can use PERM approved I140 and apply for 1485.
Thansk!
Thansk!
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peer123
04-10 10:41 AM
I am not sure how to set up a poll question
Can any one who knows how to do it set up a poll question
Have changed job using AC21, after having approved I140 and > 180 days of 485 application?
1. Invoked AC21
2. Invoked AC21 and H1B transfer
3. Did not inoked AC21 but only H1B Transfer
4. Did not change JOB
Thanks
peer123
Can you any one please set up this poll question
Can any one who knows how to do it set up a poll question
Have changed job using AC21, after having approved I140 and > 180 days of 485 application?
1. Invoked AC21
2. Invoked AC21 and H1B transfer
3. Did not inoked AC21 but only H1B Transfer
4. Did not change JOB
Thanks
peer123
Can you any one please set up this poll question
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Sunx_2004
09-08 06:32 PM
Is he EB-3 India, His PD is not even current. He must have ported to EB2..I guess..
Yes, A colleague case is similar to yours. Got his "Welcome" mail via USPS, Online status still show as pending, but only difference, his case is EB3, not EB2. I-485 filed during the July rush, both the primary applicant and the spouse got the welcome notice via USPS mail. LUD seems to be in August sometime. The online status is not really reliable. Still shows as case received and pending. PD is July '04. He is not sure, and his consulting his attorney, if any action required on his side. Not sure, this is a exception or more cases like this.
Yes, A colleague case is similar to yours. Got his "Welcome" mail via USPS, Online status still show as pending, but only difference, his case is EB3, not EB2. I-485 filed during the July rush, both the primary applicant and the spouse got the welcome notice via USPS mail. LUD seems to be in August sometime. The online status is not really reliable. Still shows as case received and pending. PD is July '04. He is not sure, and his consulting his attorney, if any action required on his side. Not sure, this is a exception or more cases like this.
eb3_nepa
08-16 10:18 AM
anyone?
Appu
09-20 09:54 PM
I haven't filed my I-140 yet but I also got a 3 year extension on my H1B. My lawyer, who used to work for the USCIS, says it is not necessary to notify them. She says they often get confused. With one of her previous clients, they actually said "that's OK".
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