bharad
09-18 04:26 PM
My PD is oct 2004 it is way-off from the current priority dates according to the visa bulleting, but still I received the EAD for only one year(approval date: 9/11/2008). Did you receive any positive info from the INFO-PASS appointment?
:)
That's the only logical thing to do right now, sending original EAD might be a bit risky.....i will update after my info pass appointment.
:)
That's the only logical thing to do right now, sending original EAD might be a bit risky.....i will update after my info pass appointment.
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chanduv23
05-28 03:51 PM
Heard this from our company lawyer .... uscis will issue RFE for all I-485 applications that are pending for a while to make sure the applicant still has the job offer. He got this from a very reliable source. I dont know how true it is...just sharing what I have heard.
RFE for employment verification seems to be common these days. As long as you are eligible to port jobs under AC21 - there is no need to worry if you used AC21.
RFE for employment verification seems to be common these days. As long as you are eligible to port jobs under AC21 - there is no need to worry if you used AC21.
matreen
10-13 04:16 PM
My case reached USCIS on July, 12th and still waiting; nothing have been received yet...
I have called my lawyer she is also frustraited and said we have to wait as CIS is making some changes.
I understand it's really frustrating as people started receiving who filed in August....it seems to me CIS is not following proper channel and everything is messed up.
Lets hope for the best....
M
I have called my lawyer she is also frustraited and said we have to wait as CIS is making some changes.
I understand it's really frustrating as people started receiving who filed in August....it seems to me CIS is not following proper channel and everything is messed up.
Lets hope for the best....
M
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indyanguy
01-13 09:40 AM
We received the RFE letter on my pending I-140.
I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.
Initially I had sent:
a. 1 letter from Company A
States my title, skills dates
b. 2 letters from Company B.
1 generic letter from HR stating dates, no skills
1 letter from colleague stating title, skills, dates
Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?
=====
Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.
Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
====
I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.
Initially I had sent:
a. 1 letter from Company A
States my title, skills dates
b. 2 letters from Company B.
1 generic letter from HR stating dates, no skills
1 letter from colleague stating title, skills, dates
Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?
=====
Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.
Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
====
more...
ksircar
07-30 08:39 PM
As far as I know your son is safe as I485 has already been filed. I had a similar situation with my daughter, she became 21 only yesterday, but I filed her I485 on June 25 and according to my attorney, she should be fine.
mpgc
10-19 03:23 PM
What if I take the title "Information Technology Specialist" instead of "Computer and Information Systems Manager". Do you think its similar title?
Could you please tell me what are the similar job titles for "Computer and Information Systems Manager" that I can take?
Please advise me....
Thank you very much.
Its probably going to be difficult to justify at a later time how the job role can still be the same if ur title changes from Manager to S/w Engineer...
It would make sense to request ur new employer to alter the title to s'th like S/w specialist or s'th like that... which can more easily b justified as an alternative to the earlier job title.
Again, u need to pay even more attention to ensure that the job role is identical becoz that is what matters more...
Applying AC 21 will save u in case ur old employer tries to revoke 140...
Could you please tell me what are the similar job titles for "Computer and Information Systems Manager" that I can take?
Please advise me....
Thank you very much.
Its probably going to be difficult to justify at a later time how the job role can still be the same if ur title changes from Manager to S/w Engineer...
It would make sense to request ur new employer to alter the title to s'th like S/w specialist or s'th like that... which can more easily b justified as an alternative to the earlier job title.
Again, u need to pay even more attention to ensure that the job role is identical becoz that is what matters more...
Applying AC 21 will save u in case ur old employer tries to revoke 140...
more...
pappu
07-30 11:38 AM
I do not doubt that these calls serve a purpose. What I am not very happy about is what transpires after the call. I look for some kind of gratification or closure after a certain issue has been raised. When we participate in such calls with Ombudsman, and even when individuals focus on their own issues, it would not be too difficult to identify some of the generic problems. From the calls this time and the past one, I would be surprised it they did not see customer service and processing times as major issues. Not to say these are high priority problems but that most likely would be the summary of two calls.
But, what happens after that? We do not see what procedures are in place/discussions to rectify these problems.
Thats where I think calls/meeting with USCIS local or DC body could help. Thanks for pointing out that such meetings are already in the works. I will defer my discussion to my local chapter. Thanks.
I agree.
Maybe this is something our community can ask Ombudsman's office so that after calls, we can know any follow up action and status on the 'issues' raised during the call.
But, what happens after that? We do not see what procedures are in place/discussions to rectify these problems.
Thats where I think calls/meeting with USCIS local or DC body could help. Thanks for pointing out that such meetings are already in the works. I will defer my discussion to my local chapter. Thanks.
I agree.
Maybe this is something our community can ask Ombudsman's office so that after calls, we can know any follow up action and status on the 'issues' raised during the call.
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fromnaija
07-30 10:52 PM
After some extensive search I found the answer I wanted at:
http://www.immigration.com/newsletter1/childprotac.pdf
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
http://www.immigration.com/newsletter1/childprotac.pdf
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
more...
sbmallik
09-13 02:44 PM
The Priority Date portability fails only if the approved I-140 was determined to be fraudulent. Otherwise, even if it is revoked, you are good.
Yes, the new employer has to re-start your GC process, so that you can port the older PD to the new application. So, not much time can be gained ...
Other option is to change job after I-485 application is pending for 6 months, but this involves sticking to the current employer for longer time. The advantage is the new employer needn't re-start the process - just invoke AC21 clause and proceed. Exact time requirement depends on your priority date and country of changeability.
Yes, the new employer has to re-start your GC process, so that you can port the older PD to the new application. So, not much time can be gained ...
Other option is to change job after I-485 application is pending for 6 months, but this involves sticking to the current employer for longer time. The advantage is the new employer needn't re-start the process - just invoke AC21 clause and proceed. Exact time requirement depends on your priority date and country of changeability.
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Eberth
10-28 09:47 PM
nope, the client cancelled the job (why isnt there a angry face smilie???), www.eberthdesigns.com/~gfb/index1.html and www.eberthdesigns.com/~gfb/index2.htm , it was going to be my first real job, and i'm very mad because they never called me back, and when i try to contact them, they never and i mean NEVER are in their houses!!!!
sorrry, i needed to get this out of me :o
sorrry, i needed to get this out of me :o
more...
chaukas
08-28 03:20 AM
Have sent several mails , but to no avail ....
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gc28262
07-31 07:42 AM
This company is on the wrong side of the law. Please read H1B laws from DOL(Department of Labor) site.
Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)
Employee Rights
H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.
U.S. workers and job applicants may also have certain rights under the H-1B programs. U.S. workers employed by an H-1B dependent or willful violator employer may not be laid off within 90 days before or after the employer files a USCIS petition to employ an H-1B worker in an essentially equivalent job. In addition, an H-1B dependent employer or willful violator must offer the job to any U.S. worker who applies and is equally or better qualified for the job than the H-1B alien worker. The U.S. Department of Justice has the authority to investigate complaints of failure to hire qualified U.S. workers.
No employer of H-1B, H-1B1, or E-3 workers may intimidate, threaten, blacklist, discharge, or in any other manner discriminate against any employee, former employee, or job applicant for disclosing violations of H-1B, H-1B1, or E-3 provisions or for cooperating in an official investigation of the employer's compliance.
U.S. workers and H-1B/H-1B1/E-3 workers may also examine the public disclosure documents that the employer is required to maintain that provide information about the employer's compliance with the attestation elements.
Complaints about non-compliance with H-1B/H-1B1/E-3 labor standards may be filed with a local Wage and Hour Division office.
U.S. Department of Labor — Wage and Hour Division (WHD) — District Office Locations (http://www.dol.gov/whd/america2.htm)
If you want to complain about this employer, fill in WH4 (http://docs.google.com/viewer?url=http://www.dol.gov/whd/forms/wh-4.pdf)form and send it to one of the following offices
Northern New Jersey District Office
US Dept. of Labor
Wage & Hour Division
200 Sheffield Street, Room 102
Mountainside, NJ 07092
Phone:
(908) 317-8611
1-866-4-USWAGE
(1-866-487-9243)
Joseph Petrecca
District Director
Southern New Jersey District Office
US Dept. of Labor
Wage & Hour Division
3131 Princeton Pike, Bldg. 5, Rm. 216
Lawrenceville, NJ 08648
Phone:
(609) 538-8310
1-866-4-USWAGE
(1-866-487-9243)
Pat Reilly
District Director
Also let your friends know that it is illegal for the employer to ask money for H1B processing and also making you sign a bond.
Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)
Employee Rights
H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.
U.S. workers and job applicants may also have certain rights under the H-1B programs. U.S. workers employed by an H-1B dependent or willful violator employer may not be laid off within 90 days before or after the employer files a USCIS petition to employ an H-1B worker in an essentially equivalent job. In addition, an H-1B dependent employer or willful violator must offer the job to any U.S. worker who applies and is equally or better qualified for the job than the H-1B alien worker. The U.S. Department of Justice has the authority to investigate complaints of failure to hire qualified U.S. workers.
No employer of H-1B, H-1B1, or E-3 workers may intimidate, threaten, blacklist, discharge, or in any other manner discriminate against any employee, former employee, or job applicant for disclosing violations of H-1B, H-1B1, or E-3 provisions or for cooperating in an official investigation of the employer's compliance.
U.S. workers and H-1B/H-1B1/E-3 workers may also examine the public disclosure documents that the employer is required to maintain that provide information about the employer's compliance with the attestation elements.
Complaints about non-compliance with H-1B/H-1B1/E-3 labor standards may be filed with a local Wage and Hour Division office.
U.S. Department of Labor — Wage and Hour Division (WHD) — District Office Locations (http://www.dol.gov/whd/america2.htm)
If you want to complain about this employer, fill in WH4 (http://docs.google.com/viewer?url=http://www.dol.gov/whd/forms/wh-4.pdf)form and send it to one of the following offices
Northern New Jersey District Office
US Dept. of Labor
Wage & Hour Division
200 Sheffield Street, Room 102
Mountainside, NJ 07092
Phone:
(908) 317-8611
1-866-4-USWAGE
(1-866-487-9243)
Joseph Petrecca
District Director
Southern New Jersey District Office
US Dept. of Labor
Wage & Hour Division
3131 Princeton Pike, Bldg. 5, Rm. 216
Lawrenceville, NJ 08648
Phone:
(609) 538-8310
1-866-4-USWAGE
(1-866-487-9243)
Pat Reilly
District Director
Also let your friends know that it is illegal for the employer to ask money for H1B processing and also making you sign a bond.
more...
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anzerraja
07-20 09:26 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/sh...ad.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/sh...ad.php?t=10708
Could you please pledge an amount ?
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gcnotfiledyet
02-26 11:29 AM
http://hammondlawgroup.blogspot.com/
From this group it does not look like there is any rule followed by states as they follow CGFNS guidelines. It is just that USCIS has started using OOH for PTs. It looks like AILA will be filing something with USCIS.
My first question: you have been here for 5yrs on h1b then why did you not file green card under schedule A when it was current until Dec 2006? I am really surprised. You would have been on green card long time back. Actually I am even surprised that you did not go for masters even afer being here for 5years.
If there is any other way you can continue your presence in US then go for it. You just have to be patient for USCIS to start accepting what state boards accept while issuing licenses. If state boards do not mind foreign bachelors to practise PT then I don't understand why USCIS would care. I think its just another shot from USCIS to shoot immigrants out of this country.
Getting into masters of PT can't be that quick. Schools just don't accept students everyday. They have deadlines for every semester and there is so much paperwork including exams, evaluations, proof of funding etc etc. So do talk to lawyer for your options to stay here, talk to school on how to enroll in masters, if your spouse is on h1 then get onto h4 by filing cos. These are just my guesses. Again talk to lawyer for your options ASAP.
From this group it does not look like there is any rule followed by states as they follow CGFNS guidelines. It is just that USCIS has started using OOH for PTs. It looks like AILA will be filing something with USCIS.
My first question: you have been here for 5yrs on h1b then why did you not file green card under schedule A when it was current until Dec 2006? I am really surprised. You would have been on green card long time back. Actually I am even surprised that you did not go for masters even afer being here for 5years.
If there is any other way you can continue your presence in US then go for it. You just have to be patient for USCIS to start accepting what state boards accept while issuing licenses. If state boards do not mind foreign bachelors to practise PT then I don't understand why USCIS would care. I think its just another shot from USCIS to shoot immigrants out of this country.
Getting into masters of PT can't be that quick. Schools just don't accept students everyday. They have deadlines for every semester and there is so much paperwork including exams, evaluations, proof of funding etc etc. So do talk to lawyer for your options to stay here, talk to school on how to enroll in masters, if your spouse is on h1 then get onto h4 by filing cos. These are just my guesses. Again talk to lawyer for your options ASAP.
more...
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chanduv23
09-09 02:31 PM
REDMOND HEROS
BELLEVUE CHAMPIONS
KIRKLAND STARS
COME ON MARINERS - LETS MOVE THE RAINIER LETS BRING THE CASCADES TO DC
BELLEVUE CHAMPIONS
KIRKLAND STARS
COME ON MARINERS - LETS MOVE THE RAINIER LETS BRING THE CASCADES TO DC
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beautifulMind
06-09 12:05 AM
You can only get a US visa outside of USA and you only need a visa to enter US since you already in US then why do you need a visa? when you go back just apply for another B1 Visa
more...
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calboy78
02-05 04:44 PM
A few years ago this was the rule:
10 yrs visitor visa - can NOT stay > 180 days
5 yr visitor visa (same price as 10 yrs visitor visa) - can stay > 180 days but you have to register with appropriate agency in India. I got 5 yr visa for my son, he stayed there for 7 months. we had registered him in nearest police station.
So, in my opinion PIO is better - its like 15 yr visa.
hope this helps.
Me and my were indian nationals with EAD etc. Our Kid was born here. We are planning to go to India and planning to apply for Visa for our kid.
I would like to know 10year indian visa is best of PIO card is best. I read some where that if any one has PIO card, and if they are staying more than 180days, we have to report to Foriegners Report cell in india.
Do we need to report the same if kid has india visa for 10years?
I am not sure how far this is true? Can anyone guide on this.
~Sree
10 yrs visitor visa - can NOT stay > 180 days
5 yr visitor visa (same price as 10 yrs visitor visa) - can stay > 180 days but you have to register with appropriate agency in India. I got 5 yr visa for my son, he stayed there for 7 months. we had registered him in nearest police station.
So, in my opinion PIO is better - its like 15 yr visa.
hope this helps.
Me and my were indian nationals with EAD etc. Our Kid was born here. We are planning to go to India and planning to apply for Visa for our kid.
I would like to know 10year indian visa is best of PIO card is best. I read some where that if any one has PIO card, and if they are staying more than 180days, we have to report to Foriegners Report cell in india.
Do we need to report the same if kid has india visa for 10years?
I am not sure how far this is true? Can anyone guide on this.
~Sree
girlfriend 5M RED WALLPAPER BORDER
GCcomesoon
06-25 01:27 PM
Guys
Go to rite-aid & they are really cheap if you are looking to save some money.I went to Kinkos & the lady said it would cost around $65 for me & my wife ( 8 copies each ) , Now she herself suggested that I should save some money & try some other place like CVS, or Rite-Aid
I went to rite-aid & paid approx $15 for me & my wife ( 8 copies each )
Thanks
GCcomesoon
Go to rite-aid & they are really cheap if you are looking to save some money.I went to Kinkos & the lady said it would cost around $65 for me & my wife ( 8 copies each ) , Now she herself suggested that I should save some money & try some other place like CVS, or Rite-Aid
I went to rite-aid & paid approx $15 for me & my wife ( 8 copies each )
Thanks
GCcomesoon
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leonqiu
06-14 07:40 PM
First, Congrats to everyone and IV Core Team!!
Priority Date may retrogress again. I am debating right now if I need to push my lawyer to file I-485 ASAP (hired by the firm, won't move a bit if not being bugged).
My understanding is: the immediate benefits for my wife and me once I-485 is filed are Advanced Parole and Employment Authorization Document.
My question is: are AP and EAD linked with Priority Date in any way, or you will have them once I-485 package is sent, no matter what? In other words, if PD retrogresses again in the near future, will AP and EAD be delayed also?
Thanks again!!! Sorry, have to open a thread like this. Went thru 30+ pages of posting on I-485, haven't found the answer.
Priority Date may retrogress again. I am debating right now if I need to push my lawyer to file I-485 ASAP (hired by the firm, won't move a bit if not being bugged).
My understanding is: the immediate benefits for my wife and me once I-485 is filed are Advanced Parole and Employment Authorization Document.
My question is: are AP and EAD linked with Priority Date in any way, or you will have them once I-485 package is sent, no matter what? In other words, if PD retrogresses again in the near future, will AP and EAD be delayed also?
Thanks again!!! Sorry, have to open a thread like this. Went thru 30+ pages of posting on I-485, haven't found the answer.
ram_ram
09-11 02:59 PM
The PDF says
FOR MORE INFORMATION CONTACT USCIS OCOMM 202.272.1200
So may be we can call and ask them if the 140 times are less than 3 months, Did we miss our approvals in mail? :)
http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf
According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.
FOR MORE INFORMATION CONTACT USCIS OCOMM 202.272.1200
So may be we can call and ask them if the 140 times are less than 3 months, Did we miss our approvals in mail? :)
http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf
According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.
Jerrome
05-21 12:42 PM
well i have not used AC21, jsut changed the employer, so you mean to say i have to send the letter from the employer who originally sponsered me? right?
No you have to send AC21 with new EVL.
No you have to send AC21 with new EVL.
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