raamskl
07-04 03:38 PM
Attorney Murthy referred to few cases (I think she said 3) that went thru her law firm, which got approved on the last week of June and also on July 2nd. She said both her client (who were pleasently surprised, good for them) and the law firm were surprised as the dates were not current in June and also not in July due to revised VB.
She mentioned it in the context of lot of crazy things that is happening in USCIS and questioned the 60,000 cases that are being claimed to have been approved in under a month. All these bizarre happenings would get questioned and hopefully explained in the litigation.
Join the litigation was the big message in the conference call today.
Good Luck.
She mentioned it in the context of lot of crazy things that is happening in USCIS and questioned the 60,000 cases that are being claimed to have been approved in under a month. All these bizarre happenings would get questioned and hopefully explained in the litigation.
Join the litigation was the big message in the conference call today.
Good Luck.
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sdudeja
01-30 11:19 AM
So did you call the USCIS to ask what is going on. What does this actually mean. Is this just another mistake of USCIS.
Canadianindian
07-09 09:18 PM
nixtor and english_august are requesting IV members to join them tomorrow in Washington DC.
It would be great if members are able to make it to this event.
Please please join these folks...strenght is in numbers. I bet if you can wait 10 years for GC, you folks can surely spare couple of hours. Please confirm and support.
It would be great if members are able to make it to this event.
Please please join these folks...strenght is in numbers. I bet if you can wait 10 years for GC, you folks can surely spare couple of hours. Please confirm and support.
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sreedhar
11-09 12:57 PM
Recently I have got Denial notice from INS on my I-140 application. All the documents are fine. Just They have mentioned as My Education Qualification is not equivalent to US Education. My Education is B.Sc. Physics and MBA.
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
Sorry to hear...is your I-140 EB3 or EB2...If its EB2 then 4 of my friend got same results.
Is anybody has got same problem, and if yes Please let me know what to do in this situation.
I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.
Please suggest me on this.
Thanks
Yogs.
Sorry to hear...is your I-140 EB3 or EB2...If its EB2 then 4 of my friend got same results.
more...
beautifulMind
11-27 04:21 PM
USCIS just went through the laborous task of processing more than 1 million applications for 485, ead, ap combined and also sending out FP notices and guess what, come Feb-march most of us will be ready to reapply for EAD and AP and USCIS has to go through the same process and this is likely to continue for next 4-5 years atleast..All USCIS wil be doing is processing EADs and AP..
Don't you guys think USCIS must be seriuosly thinking of a solution to clear this mess once and for all
Options
1) Give 3 yr ead and AP
2) As a one time thing make priority dates of all july applications only current :) (highly unlikely)
Don't you guys think USCIS must be seriuosly thinking of a solution to clear this mess once and for all
Options
1) Give 3 yr ead and AP
2) As a one time thing make priority dates of all july applications only current :) (highly unlikely)
immiguy
07-18 01:39 PM
Thanks for the replies. Since all the dates are current under the July bulletin, how are the 485s processed ?
1) Order of priority dates and EBs?
2) Order of the date on which the 485 applications were received?
1) Order of priority dates and EBs?
2) Order of the date on which the 485 applications were received?
more...
gcnotfiledyet
02-24 04:35 PM
i have given blood probably 10-12 times.
Red Cross may not have taken you blood for other reasons not because you are an immigrant , one major reason to deny blood donation is travel
outside US to a country that still has widesspread malaria.
India and most Southeast asian coutries among such countries is one such issues.
Please dont spread incorrect information.
I have volunteered in sports event, donated blood, build houses as volunteer and have been part of volunteer trail maintainance.....and i am an immigrant.
This country is one of the most independent and free countries on face of earth.
Texcan,
There are lot of places which will not take blood if you have not stayed here for 5years. It generally takes 5years for any antigens to get out of system. So some places have rule of thumb for 5years. Now when you are immigrant from India, it is taken for granted to question your length of stay.
There are lot of places which will accept blood from everybody for lack of donors and do their own screenings. It depends on funding/urgent need. I am sure there was no intention of denial based on immigration status/race.
Red Cross may not have taken you blood for other reasons not because you are an immigrant , one major reason to deny blood donation is travel
outside US to a country that still has widesspread malaria.
India and most Southeast asian coutries among such countries is one such issues.
Please dont spread incorrect information.
I have volunteered in sports event, donated blood, build houses as volunteer and have been part of volunteer trail maintainance.....and i am an immigrant.
This country is one of the most independent and free countries on face of earth.
Texcan,
There are lot of places which will not take blood if you have not stayed here for 5years. It generally takes 5years for any antigens to get out of system. So some places have rule of thumb for 5years. Now when you are immigrant from India, it is taken for granted to question your length of stay.
There are lot of places which will accept blood from everybody for lack of donors and do their own screenings. It depends on funding/urgent need. I am sure there was no intention of denial based on immigration status/race.
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kaisersose
11-13 04:13 PM
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
Your H-1b must be sponsored by a US company. H-1b terms require you to gainfully work only for that employer. As long as your US tax returns do not show any other source of income and show you have been working fulltime for your sponsoring employer, you should be fine.
They do not bother with foreign wages or what you do with your free time ( as long as it inot a second job).
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
Your H-1b must be sponsored by a US company. H-1b terms require you to gainfully work only for that employer. As long as your US tax returns do not show any other source of income and show you have been working fulltime for your sponsoring employer, you should be fine.
They do not bother with foreign wages or what you do with your free time ( as long as it inot a second job).
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satishku_2000
07-30 05:08 PM
Thanks for posting this. I was thinking of creating a thread for this purpose. Self filers please make sure that you file the "correct" versions of 131 and 765
Here is a link for your reference.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D
Here is a link for your reference.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D
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H1B-GC
04-17 12:35 PM
however rich your future wife is, I am sure she is not going to like being referred to as your 'finance'. :rolleyes:
LOL.... Nice catch.;) . read it as fianc� the first time.
LOL.... Nice catch.;) . read it as fianc� the first time.
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meridiani.planum
11-12 02:26 PM
6months is to comply with AC21. I donot recall any one saying wait xyz time to switch after you get a GC.
Its indeed a bit of a grey area, though lawyers say stick for 6 more months to be conservative. See:
MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
How soon can I leave the employer after I get my GC - ImmigrationPortal Forums (http://forums.immigration.com/blog.php?bt=668)
Its indeed a bit of a grey area, though lawyers say stick for 6 more months to be conservative. See:
MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
How soon can I leave the employer after I get my GC - ImmigrationPortal Forums (http://forums.immigration.com/blog.php?bt=668)
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countdrak
11-01 01:01 AM
I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.
I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.
Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.
Any help would be great.
I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.
Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.
Any help would be great.
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aperregatturv
04-20 05:24 PM
I applied AP Feb 3 2011 for my wife and i got approved mail and also checked website saying it was approved.
Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT
Your Case Status: Post Decision Activity
On April 8, 2011, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
But i have not received the document yet and wife is leaving on 24 th Apr 2011.
I would like to know if she can go without and when i get it i can mail the document so she can come back.
Please help.
Thanks
Arun
Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT
Your Case Status: Post Decision Activity
On April 8, 2011, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
But i have not received the document yet and wife is leaving on 24 th Apr 2011.
I would like to know if she can go without and when i get it i can mail the document so she can come back.
Please help.
Thanks
Arun
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narendra_modi
07-07 01:48 PM
If you have not yet received any RFE, you are a lucky person and your I-485 application has been filed perfectly. As per USCIS announcements, they have almost completed (99.99%) review of all pending AOS cases and pre-adjudicated most of them. I will presume that your case has been pre-adjudicated and all set to go Green whenever visa number is available.
One way to find out whether your case been pre-adjudicated is to call USCIS thro POJ method and talk to a IO (not customer service person) and they will be able to tell you.
Thanks for reply, if you don't mind, do you have the USCISs' announcement link about this pre-adjudication ? Does it say those who pre-adjudicated will not get any future RFE/Denials ?
One way to find out whether your case been pre-adjudicated is to call USCIS thro POJ method and talk to a IO (not customer service person) and they will be able to tell you.
Thanks for reply, if you don't mind, do you have the USCISs' announcement link about this pre-adjudication ? Does it say those who pre-adjudicated will not get any future RFE/Denials ?
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morse
11-16 02:34 PM
...Mdipi.com, but Lost's just has more depth. Yours is sweet, and it's not even funny how much better it is than what I could do. Keep it up :)
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a_yaja
07-07 09:48 PM
I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
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jayZinDC
05-30 02:38 PM
it happened to me, I just checked online with rx # to see if everything was ok and it did in 24 hrs.
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rheoretro
09-13 05:22 PM
my american colleagues do know about immigration problem.....they dont give a jack.........afterall they dont even socialize much with co-workers....i am here in alabama.......i dont know how it is in other places...
I can't help you because of your situation. Much better in other places.
I can't help you because of your situation. Much better in other places.
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isserializable
04-28 09:09 AM
can somebody please shed some light on this one?
blacktongue
10-04 01:15 PM
It was not supposed to be shown to Indians on IV
Did you not read on the page
[������ݴ���]EB3C����ֲ���DemandData(AoS&CP) - δ��ռ�(mitbbs.com) (http://www.mitbbs.com/article_t2/EB23/31236411.html)
BTW: Please do not let Indian know it :-)
Traitor.
Did you not read on the page
[������ݴ���]EB3C����ֲ���DemandData(AoS&CP) - δ��ռ�(mitbbs.com) (http://www.mitbbs.com/article_t2/EB23/31236411.html)
BTW: Please do not let Indian know it :-)
Traitor.
StuckInTheMuck
07-18 09:03 AM
My friends who applied after me got it and I'm moving in 2 weeks.
In case your FP notice does not arrive before you move, you may want to arrange with someone to monitor your mailbox. I read somewhere USPS does not forward USCIS letters to the new address (assuming it is a permanent move), in which case the notice may go back undelivered.
In case your FP notice does not arrive before you move, you may want to arrange with someone to monitor your mailbox. I read somewhere USPS does not forward USCIS letters to the new address (assuming it is a permanent move), in which case the notice may go back undelivered.
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