rbharol
08-31 01:34 PM
100% of the calls to today's program were from anti-H1B people. Not 1 call supported the H1Bs. If corporates are supporting more GCs for us, and since the fate of H1B/Employment GCs is linked, we ought to support H1B legislation.
How can we get an advance notification of this recordings?? Seems the anti-immigrant forces have the inside tack
here...
Also, the C-SPAN commentator on H1B/immigration issues is frequntly Dena Bunis of the Orange County register. She said the corporate lobbies "have convinced congressman" there is a shortage...implying that there wasn't one. She needs to be contacted . Here contact info (202) 628-6381 or dbunis@ocregister.com
Will it be a good idea to send Lance Kapman's testimony to her?
How can we get an advance notification of this recordings?? Seems the anti-immigrant forces have the inside tack
here...
Also, the C-SPAN commentator on H1B/immigration issues is frequntly Dena Bunis of the Orange County register. She said the corporate lobbies "have convinced congressman" there is a shortage...implying that there wasn't one. She needs to be contacted . Here contact info (202) 628-6381 or dbunis@ocregister.com
Will it be a good idea to send Lance Kapman's testimony to her?
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glus
01-15 09:37 AM
Hey Everyone,
My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.
Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.
So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.
Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!
hello,
Generally speaking, F-1 is a visa with pure non-immigrant intent. By filing I-130, your brother showed you intend to immigrate to the U.S. As such, most likely F-1 can't be approved. If you said NO when they asked if anyone ever filed an immigrant petition for you, you may be held accountable for committing fraud for immigration purposes. If USCIS realizes you lied on your non immigrant petition, you may become inadmissible and deportable. Consequently, I would consult with an attorney before applying for F-1. Hope this helps.
Under current immigration law, one cannot be issued a non-immigrant visa which carries no dual intent, if one intends to immigrate to the U.S. If you had answered YES on your DS-156, the consular officer would have no legal basis to issue to you a tourist visa.
Best Wishes,
My brother is a US citizen who has filed an I-130 for me and my family in May, 2008. We've traveled to the US on B1/B2 visas in February, 2009. The thing about it is that in the DS-156 form point "36. Has Anyone Ever Filed an Immigrant Visa Petition on Your Behalf?" we've answered "No". I've had no idea at that time that it was referring to the petition for alien relative. Anyways, we've returned back home in time. Also, I've had 3 visas before (2 tourist and 1 student) and never violated any immigration laws.
Then in December, 2009 we've applied for F-1 visa and got denied. This time it was a DS-160 form that we filled out which replaced the old DS-156 form. It didn't have that question about the petition anymore. I think they've decided to exclude it because a lot of people were confused by it. Anyways, the consulate officer didn't like the fact that I haven't transferred my credits from 2 courses of University that I've completed in my home country. Plus my major differed from my previous education course.
So my question is. Is it ok to apply for F-1 visa while I-130 is pending? I mean we've been issued B1/B2 visas before. Even though we've answered "No" to that question, they saw that I had a brother in the US who is a US citizen. I'm thinking of transferring my credits and using same major course this time or at least similar. This way in the eyes of the consulate officer it will look as I am going to the US to finish my education. The thing is, I am planning to attend community college first in order to finish general courses and then transfer to the university. My major in my home university was physics and this community college doesn't have it. I may go with "general education" course at the community college and explain to the consulate officer my situation.
Is it even legal to apply for F-1 visa while I-130 is pending? I believe so. My another question is. Once I finish education. What's the next step would be? Will it be easy to transfer from F-1 to H1B visa while I-130 is pending? What about my wife and a baby who will be on F-2 status? Please share your thoughts. Thank you!
hello,
Generally speaking, F-1 is a visa with pure non-immigrant intent. By filing I-130, your brother showed you intend to immigrate to the U.S. As such, most likely F-1 can't be approved. If you said NO when they asked if anyone ever filed an immigrant petition for you, you may be held accountable for committing fraud for immigration purposes. If USCIS realizes you lied on your non immigrant petition, you may become inadmissible and deportable. Consequently, I would consult with an attorney before applying for F-1. Hope this helps.
Under current immigration law, one cannot be issued a non-immigrant visa which carries no dual intent, if one intends to immigrate to the U.S. If you had answered YES on your DS-156, the consular officer would have no legal basis to issue to you a tourist visa.
Best Wishes,
hopelessinseattle
03-08 09:39 AM
When I was hired last spring, I was not told about GC retrogression by my employer. I beleive they should have explained in graphic detail and if they done so I would not have left a good job and my home in Canada to move to an American nightmare.
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
2011 i love you so much i could
mirage41
04-18 08:34 PM
If i change to a different job profile (engineering to marketing; in the same company though) obviously, AC21 cannot be invoked. am i going to lose the current benefits of I485 (like EAD and AP) while i file for a completely new LC,I-140 and I485?
more...
willwin
10-19 11:43 AM
disclaimer:
This looks promising to me having an EB2-India -Sept 2005 priority date.
I can totally understand a 2005 India EB3 filer thinking this is the worst news ever...and i do feel ur pain.
Why do you think so?
I am EB3-Mar2005(RIR)-India-CP.
This looks promising to me having an EB2-India -Sept 2005 priority date.
I can totally understand a 2005 India EB3 filer thinking this is the worst news ever...and i do feel ur pain.
Why do you think so?
I am EB3-Mar2005(RIR)-India-CP.
pappu
10-06 01:00 PM
From Matthew Oh Website:http://www.immigration-law.com/
Dr. Emilio Gonzalez has just released the latest statistics of the USCIS backlog elimination status. The statistics show number of pending cases by different causes as follows:
Total Pending Cases: 1,131,333
Cases Pending Customer Follow-Up Action: 200,828
RFE or Fault in Initial or Other Required Documentation: 187,457
Others: 13,371
Cases Affected by Limits on Annual Immigration such as Retrogression: 793,722
Family Based Cases: 682,936
Employment-based or Other: 110,786
Cases Pending Other Agency Action: 136,763
4,905: Other Agencies Investigation Result Waiting
130,091: Interview Completed but Waiting for Name Check Clearance
Do these numbers agree with what we at IV have been estimating? Was surprised to note that only 110,786 cases were affected by retrogression in the EB category.
I personally need more defination of
'Employment-based or Other: 110,786 '
it is defining a narrow set of applicants. Are they ones whose 485 is stuck after filing 485. or are they ones whose 485 cannot be filed and only have 140 approved ?
Dr. Emilio Gonzalez has just released the latest statistics of the USCIS backlog elimination status. The statistics show number of pending cases by different causes as follows:
Total Pending Cases: 1,131,333
Cases Pending Customer Follow-Up Action: 200,828
RFE or Fault in Initial or Other Required Documentation: 187,457
Others: 13,371
Cases Affected by Limits on Annual Immigration such as Retrogression: 793,722
Family Based Cases: 682,936
Employment-based or Other: 110,786
Cases Pending Other Agency Action: 136,763
4,905: Other Agencies Investigation Result Waiting
130,091: Interview Completed but Waiting for Name Check Clearance
Do these numbers agree with what we at IV have been estimating? Was surprised to note that only 110,786 cases were affected by retrogression in the EB category.
I personally need more defination of
'Employment-based or Other: 110,786 '
it is defining a narrow set of applicants. Are they ones whose 485 is stuck after filing 485. or are they ones whose 485 cannot be filed and only have 140 approved ?
more...
gclabor07
12-11 11:28 AM
I missed the train too. My PERM application was stuck in Atlanta which cleared in September. Sucks.. to be falling behind. I've contributed $200 to IV so far and will help IV in any way I can.
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desi3933
09-25 10:52 AM
Approved EB2 I140 revoked - AMIE/AMIETE
Link (http://immigrationvoice.org/forum/showthread.php?t=19044)
Link (http://immigrationvoice.org/forum/showthread.php?t=19044)
more...
rockstart
06-18 12:55 PM
Your responsiblity with time sheet ends once it has been approved by your manager. The payment rules between Client -> Primary Vendor -> Your Consulting firm is not your busiess. Tell him straight that Once you fax an approved time sheet you should get that money irrespective of whether they got the money or not.
Also define the reasonable period . I think 2 weeks is fine any thing more is not acceptable.
Also define the reasonable period . I think 2 weeks is fine any thing more is not acceptable.
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Saburi
04-18 09:13 PM
thanks for the response.
do they tell before hand what is the reason for interview . what question to expect.
will they look through tax filling and other stuff.
-- my earlier labor had a issue because of education- 3yr BSC course problem--but new one is fine. I think becasue i have 2 I 140 i have some problem.
Please don't worry everything will be fine, hope you get your GC Soon
Best Regards
do they tell before hand what is the reason for interview . what question to expect.
will they look through tax filling and other stuff.
-- my earlier labor had a issue because of education- 3yr BSC course problem--but new one is fine. I think becasue i have 2 I 140 i have some problem.
Please don't worry everything will be fine, hope you get your GC Soon
Best Regards
more...
validIV
03-18 10:48 AM
One can work on current H-1B (irrespective on basis it was approved), until the H-1B petition is revoked or canceled or expired. However, beneficiary is not eligible for new/extension of H-1B after I-485 denial.
We can quote memos and statutes all day and it would go nowhere. This is simply a matter of interpretation by USCIS and how it applies to the situtation.
Best advice? Talk to more than 1 immigration lawyer.
We can quote memos and statutes all day and it would go nowhere. This is simply a matter of interpretation by USCIS and how it applies to the situtation.
Best advice? Talk to more than 1 immigration lawyer.
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smehta1
05-24 01:41 PM
Done
more...
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cygent
08-07 09:05 PM
Didn't understand you specifically mentioning "US Stem Graduate" in your signature. What do you want to convey through this statement. Ofcourse other statements looks OK.
Thanks for taking notice. That is because of a issue a lot of us face, being eligible for Eb2, but filed under Eb3 due to employer, attorney, etc. etc. et al. Any more Q's I would be pleased to oblige. I will put my category next to that to make it a little more clear :rolleyes:
Thanks for taking notice. That is because of a issue a lot of us face, being eligible for Eb2, but filed under Eb3 due to employer, attorney, etc. etc. et al. Any more Q's I would be pleased to oblige. I will put my category next to that to make it a little more clear :rolleyes:
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JunRN
01-10 05:31 PM
That's why I was saying that if he did work for more than 180 days for the employer, his GC is safe. If not, it can be rescinded if the employer appeal to the I-140 denial of the labor sub. and tries to prove that the original beneficiary is a "fraud".
It can happen to anyone. So to be on the safe side, work for the original petitioner for more than 180 days. If the petitioner is a GC factory, then both beneficiaries will suffer.
Yeah, it's good to know that AC21 works and that one labor is not used to produce many GCs.
It can happen to anyone. So to be on the safe side, work for the original petitioner for more than 180 days. If the petitioner is a GC factory, then both beneficiaries will suffer.
Yeah, it's good to know that AC21 works and that one labor is not used to produce many GCs.
more...
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aau
08-27 04:41 PM
Guys,
I took an info pass last week to check the status of my case. Specifically to check whether the interfile is success or not. IO at USCIS office mentioned that she cannot check whether my case is in EB2 or EB3. I am surprised to hear that. Gurus any has this kind of experience?
Also, She mentioned that my case is assigned to an Officer on August 13th. Do any one has any info how many days(on average), an Office will take to approve a case. Any info. is helpful to me and all.
Overall the Field Office people were polite.
Thanks,
Thun.
EB3 INDIA:
PD: Jan 21, 2004
I-140 approved: July 2005
I-485 ND: 09/04/2007
RD: 07/03/2007
EB2: (Same Employer)
PERM: Jan 21, 2007
I-140 Approved: 07/14/2008 with PD of Jan 21, 2004.
Case Interfiled on 08/06/2008 (Attached the EB2 I-140 to the existing I-485 Application).
Hoping that interfile is success.
Yep, I got the same answer from the IO at my Infopass, when I asked about my Interfile. BTW, what process did your lawyer follow to inform USCIS about the interfile request?
PD : Oct 2005
EB3 - I140
I-485 RD 07/02/2007
EB2 - I140 , Approved 10/2007, PD : Oct 2005
Interfiled May 2008, no reply, no info.
I took an info pass last week to check the status of my case. Specifically to check whether the interfile is success or not. IO at USCIS office mentioned that she cannot check whether my case is in EB2 or EB3. I am surprised to hear that. Gurus any has this kind of experience?
Also, She mentioned that my case is assigned to an Officer on August 13th. Do any one has any info how many days(on average), an Office will take to approve a case. Any info. is helpful to me and all.
Overall the Field Office people were polite.
Thanks,
Thun.
EB3 INDIA:
PD: Jan 21, 2004
I-140 approved: July 2005
I-485 ND: 09/04/2007
RD: 07/03/2007
EB2: (Same Employer)
PERM: Jan 21, 2007
I-140 Approved: 07/14/2008 with PD of Jan 21, 2004.
Case Interfiled on 08/06/2008 (Attached the EB2 I-140 to the existing I-485 Application).
Hoping that interfile is success.
Yep, I got the same answer from the IO at my Infopass, when I asked about my Interfile. BTW, what process did your lawyer follow to inform USCIS about the interfile request?
PD : Oct 2005
EB3 - I140
I-485 RD 07/02/2007
EB2 - I140 , Approved 10/2007, PD : Oct 2005
Interfiled May 2008, no reply, no info.
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hopelessinseattle
03-08 09:39 AM
When I was hired last spring, I was not told about GC retrogression by my employer. I beleive they should have explained in graphic detail and if they done so I would not have left a good job and my home in Canada to move to an American nightmare.
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
more...
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kumar1
07-12 11:43 PM
USCIS is going to make a PDF file and put it on the web site for 24 hours. Anyone who has Adobe Acrobat Reader can pull it, print it and that becomes his green card...Officially this will start on 8/1/2007
On 7/31/2007, USCIS will send out a revised bulletin that............the server which hosts this PDF file has lost its internet connection, it can only upload 50 KB of data and USCIS used that in the month of July so.....you can imagine.
Everyone, smile, I am sure we will have a great weekend this time.
On 7/31/2007, USCIS will send out a revised bulletin that............the server which hosts this PDF file has lost its internet connection, it can only upload 50 KB of data and USCIS used that in the month of July so.....you can imagine.
Everyone, smile, I am sure we will have a great weekend this time.
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sdrblr
09-11 12:35 PM
:D
You cannot mess with that, Can you?
creative eh!:D:D:D:D
http://l.pr/a43tu/just_tattoo_the_PR_card_to_your_body
You cannot mess with that, Can you?
creative eh!:D:D:D:D
http://l.pr/a43tu/just_tattoo_the_PR_card_to_your_body
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gc_dreamer_2010
01-27 05:36 PM
I tweeted to the ones that had twitter accounts. I will also give these guys a call and post letters.
@JudgeTedPoe Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
4 minutes ago Favorite Reply Delete
@louiegohmert Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
5 minutes ago
@SteveKingIA Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
6 minutes ago
@eltongallegly24 Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
@JudgeTedPoe Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
4 minutes ago Favorite Reply Delete
@louiegohmert Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
5 minutes ago
@SteveKingIA Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
6 minutes ago
@eltongallegly24 Sir.Please vote 4 HR 43 to amend the Immigration and Nationality Act in helping Employment based advanced degree immigrants
sbabunle
09-27 02:23 PM
Well said new_phd. These politicians lost focus. I've no clue
what they are trying to achieve.
what they are trying to achieve.
glus
01-25 08:12 AM
You have already violated your F1 status. You can not have a company apply for PERM & i140 while on F1 status, period. All that stuff of "it�s for a future position" or "you did not authorize the company to apply for I 140" is B.S. The only thing that matters is that F1 is not a dual intent visa, and initiating a immigrant process in your name (yes the PERM and I140 applications have your name on it meaning you authorized it) means you violated F1 status. You need to consult an attorney before you file for H1.
Your answer is incorrect as far as I know. Please do a little research before giving such answers.
G
Your answer is incorrect as far as I know. Please do a little research before giving such answers.
G