guru76
09-16 07:14 PM
tv25's H1 visa was denied. Not the spouse.
But the main issue is tv25's spouse H1 is denied and the reason is "misrepresentation".
But the main issue is tv25's spouse H1 is denied and the reason is "misrepresentation".
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quizzer
10-16 04:21 PM
Hi Guys,
My LCA has Computer Software Engineer as job title.I have 5 years of Experience as Oracle functional consultant.Currently I'm working as Oracle consultant.My 140 is approved and got my EAD card.In jan 2008 it will be 180 days of filing 485.I want to change my career towards IT Sales.
I have an offer from an American Staffing company as a Technical Recruiter.The job responsibilities include hiring Software Engineers.But the job title is different from my LCA.I want to join this company using EAD in jan 2008 and apply AC 21.Today I have checked with my Lawyer this is what she says"
In instances such as this, when we send the letter to the USCIS regarding AC21, we include the following details with reference to the job title. � Although the job title differs, the job duties are substantially the same. The title used by the company is their internal designation for this position."
She says that i will be able to work as Technical Recruiter using EAD.Any one can suggest me on this?I have very little knowledge about AC 21 and how it works
Thanks in advance
h12gc
I would not do this as the job responsibility is completely different. Just curious why do you want to change from oracle functional to Recruiter???
Take the opinion of many lawyers and experts before even thinking about doing this.
Thanks
My LCA has Computer Software Engineer as job title.I have 5 years of Experience as Oracle functional consultant.Currently I'm working as Oracle consultant.My 140 is approved and got my EAD card.In jan 2008 it will be 180 days of filing 485.I want to change my career towards IT Sales.
I have an offer from an American Staffing company as a Technical Recruiter.The job responsibilities include hiring Software Engineers.But the job title is different from my LCA.I want to join this company using EAD in jan 2008 and apply AC 21.Today I have checked with my Lawyer this is what she says"
In instances such as this, when we send the letter to the USCIS regarding AC21, we include the following details with reference to the job title. � Although the job title differs, the job duties are substantially the same. The title used by the company is their internal designation for this position."
She says that i will be able to work as Technical Recruiter using EAD.Any one can suggest me on this?I have very little knowledge about AC 21 and how it works
Thanks in advance
h12gc
I would not do this as the job responsibility is completely different. Just curious why do you want to change from oracle functional to Recruiter???
Take the opinion of many lawyers and experts before even thinking about doing this.
Thanks
franklin
08-24 02:46 PM
As posted earlier in this thread "MOST" people will get FP notices. Sometimes minors do not
(from I485 instruction form)
5. Biometric services.
If you are between the ages of 14 and 79, you must be fingerprinted as part of the USCIS biometric services requirement. After you have filed this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. If necessary, may also take your photograph and signature. Failure to appear to be fingerprinted or for other biometric services may result in a denial of your application.
(from I485 instruction form)
5. Biometric services.
If you are between the ages of 14 and 79, you must be fingerprinted as part of the USCIS biometric services requirement. After you have filed this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. If necessary, may also take your photograph and signature. Failure to appear to be fingerprinted or for other biometric services may result in a denial of your application.
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Macaca
01-25 10:47 AM
Hi Macaca:
USCIS cannot reject PERM as USCIS has nothing to do with PERM. PERM is done by the dept of labor, and this agency is not part of USCIS.
In terms of PERM, PERM is not considered an "immigrant petition" and thus would not be deemed as violation of status. PERM is berely the assurance there is no workers who want to take the job in the position beeing sought. Note, that when you go for a visa, one of the questions asked is, Have you ever filed an immigrant visa petions, or has an immigrant visa petiion was ever filed on your behalf?"
The law finds an immigrant petion only when one applies via I130 (family based immigrant petition" or I140 (employment based immigrant petition). Only filing of IMMIGRANT PETITION would constituate a violation of one's non-immigrant intent and status.
I went for consular approval last year. At that time I had applied for LC. The form had the question Have you ever filed an immigrant visa petion, or has an immigrant visa petiion was ever filed on your behalf? My attorney told me to say No.
USCIS has F1 file. Why did they not reject I-140?
USCIS cannot reject PERM as USCIS has nothing to do with PERM. PERM is done by the dept of labor, and this agency is not part of USCIS.
In terms of PERM, PERM is not considered an "immigrant petition" and thus would not be deemed as violation of status. PERM is berely the assurance there is no workers who want to take the job in the position beeing sought. Note, that when you go for a visa, one of the questions asked is, Have you ever filed an immigrant visa petions, or has an immigrant visa petiion was ever filed on your behalf?"
The law finds an immigrant petion only when one applies via I130 (family based immigrant petition" or I140 (employment based immigrant petition). Only filing of IMMIGRANT PETITION would constituate a violation of one's non-immigrant intent and status.
I went for consular approval last year. At that time I had applied for LC. The form had the question Have you ever filed an immigrant visa petion, or has an immigrant visa petiion was ever filed on your behalf? My attorney told me to say No.
USCIS has F1 file. Why did they not reject I-140?
more...
Kushal
12-05 03:53 AM
Are you sure he is an attorney? May be he is a normal guy like me still in his halloween costume as Attorney.:D
You are funny guy
You are funny guy
mundada
06-25 01:40 PM
Subject: 13 years to get a green card through legal route!
Message:
Dear Sir/Madam,
I will need in total 13 years to get a green card, even though I am employed in high skill job!
I applied for green card in July 2006 under employment based category 2 (EB2-India), which is only for the people employed in a high skill job. There are more than 25,000 people waiting in this category and the annual quota is only 3,000. At this rate, I may get visa after 10 years or 13 years in total!
Furthermore, I am restricted by law to work in the same or similar job category till I get green card. So on one hand the category wants bright people but on the other hand it stops that bright person from advancing in the career for not 1 or 2 years but 13 years!
How human is it to make a person and his family who has been in this country for last 10 years, paid taxes on time, has no criminal record, and employed in a very high skill job wait 13 years to get a green card so that can start a normal life?
Thank you for reading.
Best Regards.
Notes:
Mr. Charles Oppenheim of the Department of State Visa Office stated on June 10, 2009 that there are 25,000 EB2 India cases that are pre-adjudicated but are waiting for a visa number.
Message:
Dear Sir/Madam,
I will need in total 13 years to get a green card, even though I am employed in high skill job!
I applied for green card in July 2006 under employment based category 2 (EB2-India), which is only for the people employed in a high skill job. There are more than 25,000 people waiting in this category and the annual quota is only 3,000. At this rate, I may get visa after 10 years or 13 years in total!
Furthermore, I am restricted by law to work in the same or similar job category till I get green card. So on one hand the category wants bright people but on the other hand it stops that bright person from advancing in the career for not 1 or 2 years but 13 years!
How human is it to make a person and his family who has been in this country for last 10 years, paid taxes on time, has no criminal record, and employed in a very high skill job wait 13 years to get a green card so that can start a normal life?
Thank you for reading.
Best Regards.
Notes:
Mr. Charles Oppenheim of the Department of State Visa Office stated on June 10, 2009 that there are 25,000 EB2 India cases that are pre-adjudicated but are waiting for a visa number.
more...
jonty_11
05-22 06:10 PM
they will have ur recors...and ur I797 application to prove u r legal...
Its a ironic sattire.....we r all trying to prove ourselves illegal now,
Its a ironic sattire.....we r all trying to prove ourselves illegal now,
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Munna Bhai
06-10 03:20 PM
I know this topic has been discussed in other threads as well and those threads got buried over the Period of time but this is getting beyond limit now - let me know if anyone has any good idea or if we can do anything together......
My PD is EB3 Mar 2005 and my 140 is applied in EB3 May 2007. at NSC (Nebraska) Its been 13 months and no signs of movement and no one is helping . Here what I did on a personal level and here is what i heard.
a) Contacted USCIS - they said contact employer/lawyer because they are the beneficiary.
b) Contacted Lawyer - they said 'Pls wait for some more time' & then ask employer.
c) Contacted Employer - they said that we can't push lawyers unless your case is passed 2 months from Processing Date update.
d) Contacted Local Congressman - Told them that the Processing Date update is a farce and USCIS (NSC) moves them back n forth just to save their Face. This is really unfair for a certain category of peoples. They took my case no. and inquired and then said that since you have a parallel H1B and a job - we would wait. If your existence in US comes on the Line then we will Jump in and help you. We are sorry but we can't really expedite unless a emergency comes.
Now tell me folks what other options we all have - NSC is just messing with EB3 140. Whatever is the workload this can not happen. Do we still have some options to work on (apart from sitting idle and pray) ?
My PD is EB3 Nov 2004 and my 140 is applied in EB3 1st May 2007 and still now no updates..just waiting..waiting waiting..
My PD is EB3 Mar 2005 and my 140 is applied in EB3 May 2007. at NSC (Nebraska) Its been 13 months and no signs of movement and no one is helping . Here what I did on a personal level and here is what i heard.
a) Contacted USCIS - they said contact employer/lawyer because they are the beneficiary.
b) Contacted Lawyer - they said 'Pls wait for some more time' & then ask employer.
c) Contacted Employer - they said that we can't push lawyers unless your case is passed 2 months from Processing Date update.
d) Contacted Local Congressman - Told them that the Processing Date update is a farce and USCIS (NSC) moves them back n forth just to save their Face. This is really unfair for a certain category of peoples. They took my case no. and inquired and then said that since you have a parallel H1B and a job - we would wait. If your existence in US comes on the Line then we will Jump in and help you. We are sorry but we can't really expedite unless a emergency comes.
Now tell me folks what other options we all have - NSC is just messing with EB3 140. Whatever is the workload this can not happen. Do we still have some options to work on (apart from sitting idle and pray) ?
My PD is EB3 Nov 2004 and my 140 is applied in EB3 1st May 2007 and still now no updates..just waiting..waiting waiting..
more...
ameryki
03-09 03:32 PM
I am going to India for couple months and plans to return back on AP.I am planning to get my passport Renewal in India.Is it OK to Renew in India as it shows my India address.
Thanks In advance
don't make this mistake. renew it here in US even it means you postponing your travel dates....it is smooth, simple and effortless here as opposed to in india.
Thanks In advance
don't make this mistake. renew it here in US even it means you postponing your travel dates....it is smooth, simple and effortless here as opposed to in india.
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leo2606
08-13 07:57 PM
I hate to say, f*** the future bulletins. WHY??? I am EB3 waiting for looooooooooooooong long time. No hope.
- future VBs - I CARE SHIT ABOT IT.
- visa availability in the coming months - NO HOPE FOR EB3
- awareness about visa wastage - YES, I AM AWARE, WHAT DIFFERENCE IT MAKES
- dates becoming current for most EB categories - NO HOPE, MAY BE EB2- I AM STILL HAPPY FOR THOSE GUYS
- light at the end of tunnel for most of us - NO F'ING LIGHT I SEE
- USCIS efficiencies -CRAP, I DON'T HAVE WORDS TO DESCRIBE IT
Sorry for my words, I am stuck in the shit, I am just venting not on you santa123.
If you are real Santa I am requesting you for a GC gift this Christmas ;-)
Dear IVans,
Now that the SEP VB is out, what does this indicate in terms of
- future VBs
- visa availability in the coming months
- awareness about visa wastage
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
- USCIS efficiencies
Pls share your thoughts. Thanks!
- future VBs - I CARE SHIT ABOT IT.
- visa availability in the coming months - NO HOPE FOR EB3
- awareness about visa wastage - YES, I AM AWARE, WHAT DIFFERENCE IT MAKES
- dates becoming current for most EB categories - NO HOPE, MAY BE EB2- I AM STILL HAPPY FOR THOSE GUYS
- light at the end of tunnel for most of us - NO F'ING LIGHT I SEE
- USCIS efficiencies -CRAP, I DON'T HAVE WORDS TO DESCRIBE IT
Sorry for my words, I am stuck in the shit, I am just venting not on you santa123.
If you are real Santa I am requesting you for a GC gift this Christmas ;-)
Dear IVans,
Now that the SEP VB is out, what does this indicate in terms of
- future VBs
- visa availability in the coming months
- awareness about visa wastage
- dates becoming current for most EB categories
- light at the end of tunnel for most of us
- USCIS efficiencies
Pls share your thoughts. Thanks!
more...
go_gc_way
02-04 10:33 PM
I had my I140 approved too and had mentioned it in my application. They dont bother you. They however gave me 221g to verify student status and delayed my visa for two weeks. Interview was less than 2 mins and the vo said she had to verify student status thats it.
Please explain what is student status and 221g. You mean , if you are student of any intitute in US, while your I-140 is approved?
Please explain what is student status and 221g. You mean , if you are student of any intitute in US, while your I-140 is approved?
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vivache
02-17 12:47 AM
Well this is a 'nice to know' thread .. :)
not useful for me .. but still nice to know.
not useful for me .. but still nice to know.
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hopefullegalimmigrant
04-18 10:08 PM
I am really not into my own/ or any one particular case. We need to start reignite an awareness for legal immigration overhaul. Does not matter what one's priority date is.
C'mon guys what ever has happened we need to reignite and restart the immigration torch
What can be done/ What needs to be done.... Lets do it
Can the guru's of the forum please let us know if there is a campaign we can start/restart. SOMETHING needs to be done, right now
C'mon guys what ever has happened we need to reignite and restart the immigration torch
What can be done/ What needs to be done.... Lets do it
Can the guru's of the forum please let us know if there is a campaign we can start/restart. SOMETHING needs to be done, right now
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JunRN
09-22 11:14 AM
But they are not yet finish with the horse bill. I think Republican's Smith and King will again filibuster by trying to put in a lot of amendments to the horse's bill until the day is over. The chairperson is not doing good countering the filibustering of the Republican side.
more...
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LostInGCProcess
05-05 02:44 AM
Update:
The Doctor admitted his mistake.
He completely forgot to mark the TB test earlier.
He was ready to back date to avoid more inconveniance to me.
But I told him to be sincere in all aspects.
I basically forced him to give my wife a TB test again and also the x-ray.
Now the plan is to submit all this information with a nice letter which states that the doctor had forgotten things last time etc etc.
Hopefully they will mark the case as - resume processing.
If I were you, I would not have gone with the repeat of X-ray test unless it was absolutely necessary. X-ray are very harmful to the human cells and tissues. It was a ( Probably honest) mistake by the doctor who was going to give the correct report...and you forced him to take the x-ray again!! hmmmmm....I have nothing more to say.
The Doctor admitted his mistake.
He completely forgot to mark the TB test earlier.
He was ready to back date to avoid more inconveniance to me.
But I told him to be sincere in all aspects.
I basically forced him to give my wife a TB test again and also the x-ray.
Now the plan is to submit all this information with a nice letter which states that the doctor had forgotten things last time etc etc.
Hopefully they will mark the case as - resume processing.
If I were you, I would not have gone with the repeat of X-ray test unless it was absolutely necessary. X-ray are very harmful to the human cells and tissues. It was a ( Probably honest) mistake by the doctor who was going to give the correct report...and you forced him to take the x-ray again!! hmmmmm....I have nothing more to say.
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sweet23guyin
04-03 11:15 AM
It all boils down how one interprit the following statement...
"AILA believes the language emphasized merely signals that one would lose his underlying nonimmigrant status by changing employers, rather than by adding one."
"AILA believes the language emphasized merely signals that one would lose his underlying nonimmigrant status by changing employers, rather than by adding one."
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cherryred50
04-10 11:56 AM
Hi Zcool
I don't have a job right now with this vendor But in the future if the vendor finds me a job shall I work with him.
Thanks,
Uday
I don't have a job right now with this vendor But in the future if the vendor finds me a job shall I work with him.
Thanks,
Uday
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h12gc
10-16 05:42 PM
gc_chahiye,
Thanks for your suggestions.I checked with my Lawyer about the job title .she says job responsibilities matter in this case.Job title is for any company's internal designation it seems.
I don't know exactly what AC 21 regulations are.I just want to follow any best Lawyer's advice in this matter.
The term Technical Recruiter is very generic This job can be done by any person who doesn't have any technical background .But If a person with good technical skills will bring more value to the company.
The area which i'm focussing is basically IT Sales.Company which is offering me this Technical recruiter position is impressed with my technical back ground and hiring me.They are actually looking for some one who is very senior and having good amount of experience with Technical back ground specially ERP Packages.The role is also not confined to just recruiting but meeting the clients and bidding the tech support and new impementations for the company.
I personally see lot of career growth in this path.But unfortunately there is nothing one can do in this matter.
Thanks,
h12gc
Thanks for your suggestions.I checked with my Lawyer about the job title .she says job responsibilities matter in this case.Job title is for any company's internal designation it seems.
I don't know exactly what AC 21 regulations are.I just want to follow any best Lawyer's advice in this matter.
The term Technical Recruiter is very generic This job can be done by any person who doesn't have any technical background .But If a person with good technical skills will bring more value to the company.
The area which i'm focussing is basically IT Sales.Company which is offering me this Technical recruiter position is impressed with my technical back ground and hiring me.They are actually looking for some one who is very senior and having good amount of experience with Technical back ground specially ERP Packages.The role is also not confined to just recruiting but meeting the clients and bidding the tech support and new impementations for the company.
I personally see lot of career growth in this path.But unfortunately there is nothing one can do in this matter.
Thanks,
h12gc
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gcnirvana
05-30 01:29 PM
ur current I797 should be the latest one for 2010.....since u got ur VISA stamped based on that....why would the POE officer not look at that but look at a previous I797....
How can u get VISA stamped on passpoer for 2010 if u do not have a I797 until 2010..its confusing to me. OR am I missing something.
I got my stamping till 2010 based on my I-140. I did that to save another visit to embassy when I go out of country and its costing me dearly. The visa stamp clearly mentions the effective dates from both 797s. So the officer asked for both 797s and stamped the end date from the current one. As he sounded positive that I can update it at my local USCIS, I didn't persuade him much. Maybe I should've done that!!!
How can u get VISA stamped on passpoer for 2010 if u do not have a I797 until 2010..its confusing to me. OR am I missing something.
I got my stamping till 2010 based on my I-140. I did that to save another visit to embassy when I go out of country and its costing me dearly. The visa stamp clearly mentions the effective dates from both 797s. So the officer asked for both 797s and stamped the end date from the current one. As he sounded positive that I can update it at my local USCIS, I didn't persuade him much. Maybe I should've done that!!!
BharatPremi
12-09 01:50 PM
Please donate that extra money meant for leisure to IV instead going to Bahama this year. You may help yourself doing this and that humble act may get your GC quick and thus enable you to enjoy cruises to Bahama every year without worrying about Visa validity and time lines.
njsucks
08-07 03:15 PM
how about live in Canada and work remotely for an american company? Is thata possible? but have to report to the company once one or two month though.
