dilbert_cal
03-29 11:19 PM
Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.
If what you are saying constitutes a fraud, isnt filing the PERM the first step of the fraud and thats already committed -
I'm not a lawyer - so dont know much about legalities - but this is a common practise nowadays - filing multiple labor petitions for the same person does happen - I believe it certainly is possible that you can go forward provided and thats very important - provided your company is willing to cooperate. It can always happen that they had job 'X' initially but later on the requirements changed which created job 'Y'. Now, you are overqualified for 'Y' as X's qualitifications were greater than Y but that doesnt stop you from applying for or to be considered for job 'Y'. There are folks who have 10 years of experience and their labor is for 2 or 3 years of experience. Certainly doesnt look like fraud to me - of course, if your company wants you to be stuck - you dont have much choices. I've known another instance where the company claimed it may be fraud and on something that they had proposed to do all along - things did sort out finally but its a long story :-)
If what you are saying constitutes a fraud, isnt filing the PERM the first step of the fraud and thats already committed -
I'm not a lawyer - so dont know much about legalities - but this is a common practise nowadays - filing multiple labor petitions for the same person does happen - I believe it certainly is possible that you can go forward provided and thats very important - provided your company is willing to cooperate. It can always happen that they had job 'X' initially but later on the requirements changed which created job 'Y'. Now, you are overqualified for 'Y' as X's qualitifications were greater than Y but that doesnt stop you from applying for or to be considered for job 'Y'. There are folks who have 10 years of experience and their labor is for 2 or 3 years of experience. Certainly doesnt look like fraud to me - of course, if your company wants you to be stuck - you dont have much choices. I've known another instance where the company claimed it may be fraud and on something that they had proposed to do all along - things did sort out finally but its a long story :-)
DSLStart
09-23 08:48 PM
see this latest approval:
http://boards.immigration.com/showthread.php?t=286510
http://boards.immigration.com/showthread.php?t=286510
shana04
07-30 01:37 AM
Thanks a lot for sharing good info.
jayleno
09-24 10:57 AM
Family based visas has a lot of support from the citizens who are actually voting in the elections, no wonder politicians like it. No matter what you say, anti-immigrants will always twist the truth and spread the news that all these visas are new and will take away American jobs. Dont you think family based people will want to drop all the employment based green cards?
Guys, HR 5882 is having Total recapture of 550,000 visas (Employment Based + Family Based) . We all were hoping that this bill would pass, but it did not pass in Judiciary Committee so far. Probably because of opposition from some lawmakers, may be group of some people due to current state of Economy.
But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
Guys, HR 5882 is having Total recapture of 550,000 visas (Employment Based + Family Based) . We all were hoping that this bill would pass, but it did not pass in Judiciary Committee so far. Probably because of opposition from some lawmakers, may be group of some people due to current state of Economy.
But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
more...
kerstbrd
02-22 06:17 PM
I went to REC (one of the top 20 schools in India) did my Mastrs in Full scholarship and have International papers for IEEE + Few Algorithms that have been presented at Int. Conferences,( I could not attend the conf. in Paris since I did not want to go and get stamped and go through all the hassel- Go figure). I am an Ideal candidate for EB1 but my lawyer said there is a 50/50 chance for further enquiry and it will only delay the process.
I know, I know but trust me, I was a University topper in Probablity and AI theories and I decided to chicken-out.
Not because I am afraid of enquiries, I just dont want to raise any flags. I want to keep working, Hopefully get my GC within few* years and then prove myself .
I applied under EB2 only because I don't want any enquiries and I know these POS lawyers will only delay the RFE's.
Anyway, I was just frustated, sorry about this rage but just needed an outlet.
People will only file under EB1 when A) They are not from India/China and They are not afraid to go and face any flags.
& /OR B) They have good lawyer, who is very much prudent and willing to take chances.
Any other theories and welcome
*CONDITIONS APPLY LOL
my friend, you've been played. EB1 requires no labor cert. Your lawyer convinced you to "chicken out" & wait a couple of years longer in the queue. Thereby paying him fees to help you do labor certs and multiple H1/EAD/AP renewals.
I know, I know but trust me, I was a University topper in Probablity and AI theories and I decided to chicken-out.
Not because I am afraid of enquiries, I just dont want to raise any flags. I want to keep working, Hopefully get my GC within few* years and then prove myself .
I applied under EB2 only because I don't want any enquiries and I know these POS lawyers will only delay the RFE's.
Anyway, I was just frustated, sorry about this rage but just needed an outlet.
People will only file under EB1 when A) They are not from India/China and They are not afraid to go and face any flags.
& /OR B) They have good lawyer, who is very much prudent and willing to take chances.
Any other theories and welcome
*CONDITIONS APPLY LOL
my friend, you've been played. EB1 requires no labor cert. Your lawyer convinced you to "chicken out" & wait a couple of years longer in the queue. Thereby paying him fees to help you do labor certs and multiple H1/EAD/AP renewals.
morchu
05-13 09:50 AM
I have no question about that. The immigration intent was proven at the time he filed 140.
But intent is not something which stays forever.
In another way, even after filing 485 (or even after GC), staying outside of US for lengthier period of time itself is considered as an intention not to permanently stay in US, and can be used as a reason to revoke GC. So in a way USCIS interprets long absence from US as an intention of not immigrating (even if it is for a completely separate cause).
I know that one of my friends parents after getting GC, revoked them, and later wanted to visit their son and got approved for visitor visa.
I know it may not be easy, but all I am saying is "it is NOT a closed door". The argument should be "intent was there but not now". And it is on the applicant's shoulder to prove, "why not now".
"immigrant intent" is proven/shown when and if one files "immigrant petition"
But intent is not something which stays forever.
In another way, even after filing 485 (or even after GC), staying outside of US for lengthier period of time itself is considered as an intention not to permanently stay in US, and can be used as a reason to revoke GC. So in a way USCIS interprets long absence from US as an intention of not immigrating (even if it is for a completely separate cause).
I know that one of my friends parents after getting GC, revoked them, and later wanted to visit their son and got approved for visitor visa.
I know it may not be easy, but all I am saying is "it is NOT a closed door". The argument should be "intent was there but not now". And it is on the applicant's shoulder to prove, "why not now".
"immigrant intent" is proven/shown when and if one files "immigrant petition"
more...
krishnam70
07-17 07:13 PM
Thanks for your list. So it seems we can do it without attorney help. I am not sure what my attorney is doing its been a month since he had all the papers and fee. I am going to try filing myself:mad:
and file yourself using the thread for self-filers in this forum.
cheers
and file yourself using the thread for self-filers in this forum.
cheers
dvb123
02-28 07:02 PM
US grants home schooling German family political asylum | World news | The Guardian (http://www.guardian.co.uk/world/2010/jan/27/german-home-schooling-family-asylum)
USCIS goes by the book not by the how dumb the rule is.
USCIS goes by the book not by the how dumb the rule is.
more...
sagar_nyc
04-02 05:17 PM
yes , I 140 they will ask details about employer only
Hi Chapsi29,
Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.
RK
Hi Chapsi29,
Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.
RK
anilsal
10-24 11:42 PM
It was #170 for me. I think Yahoo deleted some post before me. So I got bumped to #169. The guy who posted after me has a nasty post. I am pushing legal immigration and he is complaining about illegal imm & minimum wage.
more...
anyway
01-25 01:52 AM
Hey anyway!
The icons can all be found here: C:\Program Files (x86)\Microsoft SDKs\Windows Phone\v7.0\Icons
You can just drag and drop the icon you want into Blend or explicitly add it via the Projects panel :)
Your question on connecting to an XML data source is interesting because there are several ways of doing this. One approach is by using Linq and just parsing the output.
Here is an example of that: http://blog.kirupa.com/?p=144
Let me know if this helps you get started or if you have further questions :megaman:
Cheers,
Kirupa :look:
Hey Kirupa... I've already drag and drop the icon in the Texbox (see image above). I would like to know how to make the image clickable (turn it into a button)?
I used a button control in expression blend and it is clickable by default and just to test it I did this:
private void showmsg(object sender, RoutedEventArgs e)
{
MessageBox.Show("Search Performed " , "It Works", MessageBoxButton.OKCancel);
}
How do I do something similar with icons?
The icons can all be found here: C:\Program Files (x86)\Microsoft SDKs\Windows Phone\v7.0\Icons
You can just drag and drop the icon you want into Blend or explicitly add it via the Projects panel :)
Your question on connecting to an XML data source is interesting because there are several ways of doing this. One approach is by using Linq and just parsing the output.
Here is an example of that: http://blog.kirupa.com/?p=144
Let me know if this helps you get started or if you have further questions :megaman:
Cheers,
Kirupa :look:
Hey Kirupa... I've already drag and drop the icon in the Texbox (see image above). I would like to know how to make the image clickable (turn it into a button)?
I used a button control in expression blend and it is clickable by default and just to test it I did this:
private void showmsg(object sender, RoutedEventArgs e)
{
MessageBox.Show("Search Performed " , "It Works", MessageBoxButton.OKCancel);
}
How do I do something similar with icons?
akhilmahajan
04-20 11:50 AM
Well said sir.
It really paints a true picture for all of us.
It really paints a true picture for all of us.
more...
Kalloo dada
03-26 03:21 PM
I am not sure how these questions will help? Maybe it will proove that we are high skilled and highly paid members who cannot even contribute $20!!
Indians dont want to pay, they want everything free or cheap.
FYI--I am also an Indian.
Indians dont want to pay, they want everything free or cheap.
FYI--I am also an Indian.
txh1b
08-18 12:19 PM
Currently i am asking my employer to refund me the Medical expenses that they have been charging me without my knowledge. Since they are not responding back to my questions, i have threatened them that i will pursue for my GC expenses also that they promised to cover (also documented in my offer letter).
My current status is EAD and i no longer work for that Employer and i am out of job and looking for employment right now.
This seems to be a civil issue and no govertment agency will be able to help you as far as medical charges go. With regards to the GC fees, only Labor costs have to be paid by the employer after July 2007. Rest of it can be legally passed over to you. I think you have no claim whatsoever that will interest a govt agency if the labor was filed before July 2007.
My current status is EAD and i no longer work for that Employer and i am out of job and looking for employment right now.
This seems to be a civil issue and no govertment agency will be able to help you as far as medical charges go. With regards to the GC fees, only Labor costs have to be paid by the employer after July 2007. Rest of it can be legally passed over to you. I think you have no claim whatsoever that will interest a govt agency if the labor was filed before July 2007.
more...
GC_ASP
05-14 04:29 PM
Texas
Thank you very much for your prompt reply.
You mentioned your friend has added his wife to his green card application. Can you please let me know which Center (Texas or Nevada) is processing her I-485.
Thank you very much for your prompt reply.
You mentioned your friend has added his wife to his green card application. Can you please let me know which Center (Texas or Nevada) is processing her I-485.
chanduv23
07-13 07:38 AM
Please sign your petition and give support to Congresswoman Lofgren's requests from her letter dated July 9th, 2007. Doing so is the only way we can begin to restore fairness to this process.
http://www.immigrantslist.org/page/petition/Chertoff
Can you tell more about your organization, maybe you must merge with IV, more numbers more strength.
Contact IV core.
http://www.immigrantslist.org/page/petition/Chertoff
Can you tell more about your organization, maybe you must merge with IV, more numbers more strength.
Contact IV core.
more...
indianindian2006
08-28 03:19 PM
Dint know if i could post it, as its internal mail, thats y i removed it. Sorry abt confusion.
Venkat,
Did you not post some days back that you were approved for 485.What is your PD and what service center.
Venkat,
Did you not post some days back that you were approved for 485.What is your PD and what service center.
gsc999
02-09 01:25 AM
I went to usa on h4 one yr back.h1 is approved on nov2007.Before approval i faced one query because my employer assaign she is going to work on particular location,he mentioned city of USA also.So they raised query why only that place.My employer replyed that query and after few months i received I-797B form in the place of I-797A approval notice.That says i am not applied h1 from USA.In that time we mentioned, we are applied from USA.In that situation i have to go for stamping .But I have other option,we amended that h1 I-797B.We did premium process.With in one month i got h1 approval notice in nov2007.
I am the first employee to my employer.Is there any querys raised on this.I have one month paystub.My employer going to send tax returns of 1 yr,wages,project details,client letter.Do i need other than these documents from my employer.pls tell me.
Now i am in india.I have to go Embassy for stamping.Which location shall i go for stamping in India.
Will embassy people check indian experience also.Because in indian company i have few problems with documents.If that experience will not match with the my h1 ,i mean what i submit in the process of h1.Is any queries raised.
Now i am in india.I have to go Embassy for stamping.If i face any queries in my h1 stamping,can i go USA in that time period to USA by h4.OR Did I have to stamp h4 also because my husband changed other company.My h4 is going to expire within 5 months.
In many forums i requested for replys.No result,I received only 1 reply.Pls help me.Thanks for your patience by reading this long mail.
Need Advice pls.
--
To attract responses you will need to reframe your question in a simple language. I hope you will do that.
On a simplistic level, the original office that granted your H1 or H4 or the state where you have permanent/ residential address on your passport is your best shot unless there are valid issues like business travel etc.
See below for more details:
https://www.vfs-usa.co.in/Home.aspx
I am the first employee to my employer.Is there any querys raised on this.I have one month paystub.My employer going to send tax returns of 1 yr,wages,project details,client letter.Do i need other than these documents from my employer.pls tell me.
Now i am in india.I have to go Embassy for stamping.Which location shall i go for stamping in India.
Will embassy people check indian experience also.Because in indian company i have few problems with documents.If that experience will not match with the my h1 ,i mean what i submit in the process of h1.Is any queries raised.
Now i am in india.I have to go Embassy for stamping.If i face any queries in my h1 stamping,can i go USA in that time period to USA by h4.OR Did I have to stamp h4 also because my husband changed other company.My h4 is going to expire within 5 months.
In many forums i requested for replys.No result,I received only 1 reply.Pls help me.Thanks for your patience by reading this long mail.
Need Advice pls.
--
To attract responses you will need to reframe your question in a simple language. I hope you will do that.
On a simplistic level, the original office that granted your H1 or H4 or the state where you have permanent/ residential address on your passport is your best shot unless there are valid issues like business travel etc.
See below for more details:
https://www.vfs-usa.co.in/Home.aspx
gauravsh
05-04 10:36 AM
I assume you haven't filed your I 1485 yet.
Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)
When you are in India, you can apply for an H1B and get a visa stamping while coming back.
Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?
Really appreciate all the answers!!
Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)
When you are in India, you can apply for an H1B and get a visa stamping while coming back.
Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?
Really appreciate all the answers!!
addsf345
11-25 01:27 PM
My 485 got denied Oct14th as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I (Lawyer) filed MTR on NOV 6th. Got mtr granted yesterday.PM me if you need more details
Congratulations that finally everything is again on track. Sorry to hear the trouble you had without any fault of your own. Did you used AC21 by H1 transfer or just used EAD?
Congratulations that finally everything is again on track. Sorry to hear the trouble you had without any fault of your own. Did you used AC21 by H1 transfer or just used EAD?
pointlesswait
01-05 04:21 PM
i woudl think the actual number porting is miniscule...
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
It may be a common thing - swaying away from EB3 to Eb2 for earlier PD holders and there by choking up some EB2 space but shouldn't that cause loosening ( i'm not talking substantial ) in EB3 Priority Date ?
I mean EB3 India Priority Dates seems to have a Coma and that always hover around Aug/Oct 2001 - for last few years its like , it moves like some months and then scrolls down.
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
It may be a common thing - swaying away from EB3 to Eb2 for earlier PD holders and there by choking up some EB2 space but shouldn't that cause loosening ( i'm not talking substantial ) in EB3 Priority Date ?
I mean EB3 India Priority Dates seems to have a Coma and that always hover around Aug/Oct 2001 - for last few years its like , it moves like some months and then scrolls down.
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