glus
01-25 08:04 AM
USCIS has F1 file. If it illegal to apply for PERM while on F1, why did USCIS not reject PERM?
If they did not catch it at PERM, why did they not catch it at the I-140 stage?
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 am not an attorney, so do not take my answers for granted!
Regards to all,
If they did not catch it at PERM, why did they not catch it at the I-140 stage?
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 am not an attorney, so do not take my answers for granted!
Regards to all,
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mhtanim
11-26 02:00 PM
I got my FP done on 11/21.I did open a SR on 10/05, based on which I got my FP notice on 11/06.
My details:
485 filed at NSC on July 6th
Receipting done by CSC on 09/05, EAD and AP sent by CSC
485 pending at NSC
Looks like they have started the FPs for transferred cases like ours...
I haven't got my FP Notice yet! No SR opened.
Is there any NSC-CSC-NSC filer who got FP notice without opening a SR?
My details:
485 filed at NSC on July 6th
Receipting done by CSC on 09/05, EAD and AP sent by CSC
485 pending at NSC
Looks like they have started the FPs for transferred cases like ours...
I haven't got my FP Notice yet! No SR opened.
Is there any NSC-CSC-NSC filer who got FP notice without opening a SR?
srikondoji
07-11 10:10 PM
I have a valid point to akhilmahajan.
I work for security industry (database auditing) and i do know the concerns and security related issues.
Here USCIS may be sending the information of one applicant to the other applicant. This may happen with a probability of 1 in 100.
Now tell me, what will you or i be doing with someone else's data?
Atleast skilled immigrants like us will not harm and or destroy knowingly someone else's credit history. This will not only destroy your future citizenship options but will also lead to deportation in case you are caught.
Also, there will no credit card numbers and or bank account details to be lost.
One more thing is, you can always fight back and reverse the screw up that may happen in case your social security number is misused and you have a proof of it.
By saying this, what iam saying is, the threat is not as serious as the thread author seems to indicate. There are bigger concerns on our plate who needs our attention.
Unless the USCIS mistakenly publishes your data on website and or looses hard disk with all the data in it at walmart, you shouldn't be worried.
Peace.
Cant you think and understand what the post meant?
He is mentioning a very valid point. 485 has all the information which one needs to screw up some one's credit history which takes years and years to build up.
I hope now u will get the point.
I work for security industry (database auditing) and i do know the concerns and security related issues.
Here USCIS may be sending the information of one applicant to the other applicant. This may happen with a probability of 1 in 100.
Now tell me, what will you or i be doing with someone else's data?
Atleast skilled immigrants like us will not harm and or destroy knowingly someone else's credit history. This will not only destroy your future citizenship options but will also lead to deportation in case you are caught.
Also, there will no credit card numbers and or bank account details to be lost.
One more thing is, you can always fight back and reverse the screw up that may happen in case your social security number is misused and you have a proof of it.
By saying this, what iam saying is, the threat is not as serious as the thread author seems to indicate. There are bigger concerns on our plate who needs our attention.
Unless the USCIS mistakenly publishes your data on website and or looses hard disk with all the data in it at walmart, you shouldn't be worried.
Peace.
Cant you think and understand what the post meant?
He is mentioning a very valid point. 485 has all the information which one needs to screw up some one's credit history which takes years and years to build up.
I hope now u will get the point.
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piyu7444
08-19 11:03 PM
The fear is of USCIS rejecting the secondary application (due to insfficient evidence -wedding certificate)
My wife cant leave the country as I dont hold a VISA now........I have a GC. Without both of us going to India we cant possibly get it as we never registered our wedding. She cant leave US coz we dont have AP and even if apply for AP now (which we ll do) it will take 90 days to get AP.
If USCIS rejects the application we ll have to leave US even after I have got my GC and I dont know how long will it take for my wife and kid to get GC once we are in India.
My wife cant leave the country as I dont hold a VISA now........I have a GC. Without both of us going to India we cant possibly get it as we never registered our wedding. She cant leave US coz we dont have AP and even if apply for AP now (which we ll do) it will take 90 days to get AP.
If USCIS rejects the application we ll have to leave US even after I have got my GC and I dont know how long will it take for my wife and kid to get GC once we are in India.
more...
niceguy
05-11 03:37 PM
nchendica:
Could you give what is the current status of your case and what you did? did you get new evaluation from any one? If so, could you share the info. I have a similar situation.
You can email me the details to gcperm@gmail.com
thanks in advance.
Could you give what is the current status of your case and what you did? did you get new evaluation from any one? If so, could you share the info. I have a similar situation.
You can email me the details to gcperm@gmail.com
thanks in advance.
Naruto
10-05 05:21 PM
I can back that one up. We received audit August 13 for 2005. Had to prove we are married & kids live with us. When called and spoke to officer she said it was an "INS flag"! Honest to God that is what she said. She then asked if we had applied in the last couple of months for 485's??? She knew all about the USCIS system and said one way of telling is if you file jointly at the same address each year then why would IRS be asking for proof of marriage and kids living there etc. She was great and confirmed they had received all paperwork. Had to resend due to liquid being spilled on copies.... Even H&R Block said it was INS based.
Then we get 4 out of 5 EAD's approved, but spouse gets RFE and it is proof of name change please resubmit marriage certificate!
Cheers,
LRIndy
How recent is that ? did they ask you for to submit it this year or in year 2005 ? I'm just curiouse what is IRS has to do with immigration? when did you apply for your I-485?
is there a relationship between taxes and Immigration?
Then we get 4 out of 5 EAD's approved, but spouse gets RFE and it is proof of name change please resubmit marriage certificate!
Cheers,
LRIndy
How recent is that ? did they ask you for to submit it this year or in year 2005 ? I'm just curiouse what is IRS has to do with immigration? when did you apply for your I-485?
is there a relationship between taxes and Immigration?
more...
superdude
07-18 05:04 PM
That one gives the description of the plight of GC aspirants not what kind of scenarios in different phases of GC are contributing this plight. What specific action by a congressman has to be taken which section of the law has to be modified in what exact wording should be. Many people say about issues and plight but what exactly has to be done and where and by whom. Sorry if I still missed the info other than the one you gave in the link
Please contribute as much as you can. IV Core will do their best to resolve many of our problems.The issues you mentioned are some of the issues core has been working.
Please contribute as much as you can. IV Core will do their best to resolve many of our problems.The issues you mentioned are some of the issues core has been working.
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rc0878
09-17 09:31 AM
Hi cooldudesfo,
I am just curious that how come you got your EAD and AP approved, since the current processing dates for California Service Center are as follows-:
I-765 Application for EAD (pending I-485) is 11 Weeks
and
I-131 Application for Travel Document is April 18, 2007
Have you received both the documents in hand? I am concerned because I have plans to travel back home in december and am not sure if i will have AP in hand by then.
Thanks.
I am in the exactly same situation.
I talked to my Attorney and they are going to send me Originla I-485 receipt notice. What they told me the RD on original notices is July 2, 2007.
If this is true, then I will just ignore the Aug 28, 2007 RD on my Transfer Notices.
Try to get your original I-485 from Attorney and check out what the RD is on them....
An please post here if you find anything else.
I have my EADs and APs approved already.
I am just curious that how come you got your EAD and AP approved, since the current processing dates for California Service Center are as follows-:
I-765 Application for EAD (pending I-485) is 11 Weeks
and
I-131 Application for Travel Document is April 18, 2007
Have you received both the documents in hand? I am concerned because I have plans to travel back home in december and am not sure if i will have AP in hand by then.
Thanks.
I am in the exactly same situation.
I talked to my Attorney and they are going to send me Originla I-485 receipt notice. What they told me the RD on original notices is July 2, 2007.
If this is true, then I will just ignore the Aug 28, 2007 RD on my Transfer Notices.
Try to get your original I-485 from Attorney and check out what the RD is on them....
An please post here if you find anything else.
I have my EADs and APs approved already.
more...
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bugsbunny
03-30 11:52 AM
if you are on EAD and they pay you...you will have to declare it on your taxes...so you will have to pay upwards of 33% tax on it...which is far far more than the 4% charge currently
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485Mbe4001
06-13 02:24 PM
We had a discussion with our company lawyers about this. We wanted to know if it was possible to file for EB2 after a promotion. They told us the following and said we cannot change (dont know if its bs, you talk to your lawyer.)
a) EB is based on your previous job not the current one. So even when i have worked in my current company for 8 years, the current experience is not counted.
b) The new job/position should have activities more than 50% different to your previous position ( even tho i was eligible for EB2 then, i was suggested EB3, still suffering for that blunder). Unfortunately Software engineer is a position where the job activities include everybody uncle and more.
i think its a different story if you change your job, if you like your job and want to stay then there is little you can do.
Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
a) EB is based on your previous job not the current one. So even when i have worked in my current company for 8 years, the current experience is not counted.
b) The new job/position should have activities more than 50% different to your previous position ( even tho i was eligible for EB2 then, i was suggested EB3, still suffering for that blunder). Unfortunately Software engineer is a position where the job activities include everybody uncle and more.
i think its a different story if you change your job, if you like your job and want to stay then there is little you can do.
Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
more...
bailoor
09-05 09:42 PM
Hi Guys,
I live in Peoria, IL . This place is 3 hours south of Chicago. Just now, I joined the group. I would like to know whether the residents of IL state are going to DC. If yes, is there any BUS planned for the travel or have they formed any group to travel by Air or Van or Car etc.
As DC area will be new for IL residents, if there are known troop, it would be easy to move from airport and also to reach the rally destination etc.
I would appreciate members responding about their group plan so that it would be convinent for others to join the troop and proceed to the desired rally.
Thanks.
Bailoor.
I live in Peoria, IL . This place is 3 hours south of Chicago. Just now, I joined the group. I would like to know whether the residents of IL state are going to DC. If yes, is there any BUS planned for the travel or have they formed any group to travel by Air or Van or Car etc.
As DC area will be new for IL residents, if there are known troop, it would be easy to move from airport and also to reach the rally destination etc.
I would appreciate members responding about their group plan so that it would be convinent for others to join the troop and proceed to the desired rally.
Thanks.
Bailoor.
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Saralayar
04-07 10:06 AM
Can you please let us know if we are making progress towards unused Visa Recapture ? Thanks
^^ BUMP^^
^^ BUMP^^
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dks
05-24 12:46 PM
sent
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k3GC
06-14 06:52 PM
Just heard on CNN that CIR is back on the Senate floor for sure. They have agreed to some compromise. We need to watch our for what has been agreed to and make sure that our requirements are not missed out, else all we will have for ever is a PENDING 485 APPLICATION
more...
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walking_dude
12-10 07:00 PM
Mahatma Gandhi, bless his soul, had the balls to stand up and fight back. On the other hand, majority of our community live in the fear of their own shadows. We should stop comparing our sorry selves to that great man when we lack an atom of the courage he had.
We don't want to goto DC Rally in March as it's too cold. Summer is too hot and in the spring we have family vacations planned. We deserve the punishment we are receiving for our inaction.
Can we do something about this.
Isn't it something similar that happened when Gandhiji was thrown out of a train is South Africa. Gandhi was discriminated based on his color. We are being discriminated on immigration status for our right to work.
We don't want to goto DC Rally in March as it's too cold. Summer is too hot and in the spring we have family vacations planned. We deserve the punishment we are receiving for our inaction.
Can we do something about this.
Isn't it something similar that happened when Gandhiji was thrown out of a train is South Africa. Gandhi was discriminated based on his color. We are being discriminated on immigration status for our right to work.
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rbharol
07-01 10:45 AM
How did the show go?
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helmet
11-10 02:20 PM
Once you used EAD your status is AOS. You can't go back to H4/H1 unless some bad thing happened like 485 is denied.
once started usign EAD you can't go and come on H4/H1 status...
you have to use AP for travelling. If you have a doubt talk to the atternoy that filed your 485.
once started usign EAD you can't go and come on H4/H1 status...
you have to use AP for travelling. If you have a doubt talk to the atternoy that filed your 485.
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imh1b
04-19 09:32 AM
I have sent letter twice. They forward it as it is to USCIS and send a reply back that it has been forwarded to USCIS for action. Then you receive a letter or call from USCIS that your case cannot be considered unless your PD becomes current.
How about you send the USCIS letter back to president again and tell him that this is not what you asked for. You already know PD is not current. The letter was for President to implement a fix A,B and C.
How about you send the USCIS letter back to president again and tell him that this is not what you asked for. You already know PD is not current. The letter was for President to implement a fix A,B and C.
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sjax
04-17 03:40 PM
Applied for H1 extension at Vermont (Premium Processing).
working for the same client for more than 3 years.
Submitted paystubs, timesheets, w2 etc for RFE..
But still rejected the petition saying he needs a letter from client describing my job duites and responsibilities etc.
Now filing for a motion....
working for the same client for more than 3 years.
Submitted paystubs, timesheets, w2 etc for RFE..
But still rejected the petition saying he needs a letter from client describing my job duites and responsibilities etc.
Now filing for a motion....
GCWhru
09-19 06:48 PM
Funny to read this thread, another lighten up thread. :)
sledge_hammer
02-15 11:32 AM
There is no such status as "out of project". Based on the fact that you do not have a job and your employer is not paying you, you are out of status already. It is your employer's responsibility to pay you no matter you have a project or not. In fact, it is because of cases like yours that USCIS has raided those desi body shops and put them behind bars.
My advice to you is change your stauts ASAP to F-1 or if you are married, then to H4.
If the bove two options are not something you can do, please leave the country.
I already put a transfer in Oct 2008. since I am not sure about H1b approval of old company.
Its in pening status.
Out of project since one month.
Thanks
My advice to you is change your stauts ASAP to F-1 or if you are married, then to H4.
If the bove two options are not something you can do, please leave the country.
I already put a transfer in Oct 2008. since I am not sure about H1b approval of old company.
Its in pening status.
Out of project since one month.
Thanks
