rc0878
03-19 03:24 PM
Let's hope the following happens....coz EB3 seekers like me are also waiting for a long time.
May be I am not aware, say the dates move to 2005, then whoever has a PD till 2005 and has a pending 485, is bound to get GC approved, or incase the dates move back, then he/she is stuck again?
RC
Not only EB2, EB3 India also will move to April 2005, atleast for couple of months before this FY ends, to use the 140K numbers.
May be I am not aware, say the dates move to 2005, then whoever has a PD till 2005 and has a pending 485, is bound to get GC approved, or incase the dates move back, then he/she is stuck again?
RC
Not only EB2, EB3 India also will move to April 2005, atleast for couple of months before this FY ends, to use the 140K numbers.
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pappu
06-14 01:13 PM
http://www.uscis.gov/files/nativedocuments/TransformationConOps_Mar07.pdf
Jaime
09-10 01:04 PM
Process stops if you get laid off and No grace period - No matter whether you have a PhD or Masters from a U.S. university and have been stuck in the green card process for 10 years. If you get laid off after all your contributions and frustrations you are automatically "out of status" that very second, and are expected to LEAVE THE U.S. IMMEDIATELY, doesn't matter if you have kids in school, a mortgage, etc. You'd better leave immediately or you risk being deported and "barred from the U.S." for 10 years (didn't know? Look at the law)
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Rockford
08-29 03:36 PM
I moved to a desi consulting company after I got layed off in 6th year of h1b. ..................... But recently I asked my lawyer for a copy of my L/C and i 140 petition and she refused to give, then my employer requested them to give it to me. ............ and finally I had to talk to my employer and we deicded not to use their services anymore just for my case,.
Chandu,
Just for the record sake, the LC and I140 are your employers petitions and the lawyer is not supposed to give them to you without your employer's consent/approval.
I am sure there are other issues with your lawyer, but this case is kind of fair.
There may be some lawyers who are lenient in this aspect, especially in cases where the beneficiary is paying the lawyer directly.
Chandu,
Just for the record sake, the LC and I140 are your employers petitions and the lawyer is not supposed to give them to you without your employer's consent/approval.
I am sure there are other issues with your lawyer, but this case is kind of fair.
There may be some lawyers who are lenient in this aspect, especially in cases where the beneficiary is paying the lawyer directly.
more...
shsk
11-11 11:02 PM
We can all pitch in and send either congrats greeting card/flower along with IV letter highlighting our pathetic situation.
Hope he addresses something.
Hope he addresses something.
days_go_by
11-07 07:55 PM
Hello NJ members,
Please introduce yourself here.
I am a volunteer for IV, I live in Newport, Jersey City.
I have a May 2001 PD stuck at BEC and a 2004 PD labo approved but can't file 485.
Regards,
dgb.
Please introduce yourself here.
I am a volunteer for IV, I live in Newport, Jersey City.
I have a May 2001 PD stuck at BEC and a 2004 PD labo approved but can't file 485.
Regards,
dgb.
more...
reddymjm
09-09 02:26 PM
I would like to see all EB3 AS DONORS.
2010 JOHN ABRAHAM DOSTANA WALLPAPER
xyzgc
01-17 11:56 PM
Got lots of reds as expected. Excuse me for using strong words. I'm sympathetic towards everyone who has lost jobs or fears layoffs. I have weathered the 2001 storm in the valley. It was horrible. However, people buy expensive real estate without obtaining permanent residency first and then start laughing at others for being so conservative. Its utter stupidity. In one of the other threads I was arguing with some one over whether its a good time to buy a house or not. I am totally for buying a house even in these uncertain times provided you are a dual income and provided you have your green card and despite that some folks didn't agree with me at all!
Today, buying hiouses is risky but folks don't realize if you are on H1B, it is a temp visa you are sticking your neck out. Even if you have your EAD, it doesn't mean shit. If your employer revokes your 140 you are more or less doomed, unless you are very lucky. Now, please don't dispute this statement of mine by presenting legal facts.
I look at it this way, your gc is controlled by your employer, you get laid off by your employer, your company has ZERO interest in keeping your job position alive and considering employing you at a future date. Period.
H1B is not green card, EAD is not green card, your PD being current is not a green card.f you think you can transfer your H1 with some consulting firm and retain H1 status on bench, you are playing with fire.
Giving reds to me is not going to change the basic facts. Leaving your cars and your houses behind without paying your dues is the worst crime in the book. It destroys your credibility. Not only that you, main street, are then responsible for mortgage crisis and then you coolly blame the wall street and Mr. Bush for everything that goes wrong.
Today, buying hiouses is risky but folks don't realize if you are on H1B, it is a temp visa you are sticking your neck out. Even if you have your EAD, it doesn't mean shit. If your employer revokes your 140 you are more or less doomed, unless you are very lucky. Now, please don't dispute this statement of mine by presenting legal facts.
I look at it this way, your gc is controlled by your employer, you get laid off by your employer, your company has ZERO interest in keeping your job position alive and considering employing you at a future date. Period.
H1B is not green card, EAD is not green card, your PD being current is not a green card.f you think you can transfer your H1 with some consulting firm and retain H1 status on bench, you are playing with fire.
Giving reds to me is not going to change the basic facts. Leaving your cars and your houses behind without paying your dues is the worst crime in the book. It destroys your credibility. Not only that you, main street, are then responsible for mortgage crisis and then you coolly blame the wall street and Mr. Bush for everything that goes wrong.
more...
logiclife
03-09 12:09 AM
Many thanks Abha for your contributions.
Would you also like to join the membership drive of immigration voice. We are organizing a chain recruitment drive (since a couple of days) to help get more members and have 10,000 members.
Please email me at jay@immigrationvoice.org so that I can send you brochure/doc for volunteering. Its really not a big commitment, except 45 minutes per day for a few days.
Here is more: http://immigrationvoice.org/forum/showthread.php?t=305
--Jay.
Would you also like to join the membership drive of immigration voice. We are organizing a chain recruitment drive (since a couple of days) to help get more members and have 10,000 members.
Please email me at jay@immigrationvoice.org so that I can send you brochure/doc for volunteering. Its really not a big commitment, except 45 minutes per day for a few days.
Here is more: http://immigrationvoice.org/forum/showthread.php?t=305
--Jay.
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chanduv23
07-01 11:58 AM
fyi
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
Any indepth on what is the bigger picture here? Something is happening in the background on the immigration side.
Looks like lot of politics and blame game among agencies.
I think immigration lawyers or AILA etc.. may also not have any say here though they all put up on their website that we will file lawsuit etc.....
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
Any indepth on what is the bigger picture here? Something is happening in the background on the immigration side.
Looks like lot of politics and blame game among agencies.
I think immigration lawyers or AILA etc.. may also not have any say here though they all put up on their website that we will file lawsuit etc.....
more...
logiclife
01-31 02:15 PM
[QUOTE=logiclife]Unpaid bench means you are "Out of Status". Not illegal.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
Look. Here's the deal.
Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.
The problem arises at the time of H1 transfer. And here is the classic situation:
You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.
So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.
I don't agree at all with this statement. People can go on a unpaid maternity leave and still maintain status.
Out of status is anyway no better than illegal.
Look. Here's the deal.
Whether you are on unpaid bench while looking for a project, or on unpaid maternity leave or on unpaid vacation. Missing paystubs means you are out of status. Period. Probably for maternity leave, you can have unpaid days off but still you may be issued paystubs of 0-dollar in which case it might be ok. I dont know about unpaid maternity leave.
The problem arises at the time of H1 transfer. And here is the classic situation:
You are looking for a project on an unpaid bench. You've been unpaid for 2 months. Then you find a project but thru another employer(bodyshop). Then you join that project and change your employer and file for H1 transfer. When you file for H1 transfer, since you are missing paystubs from previous employer for 2 months, due to unpaid bench, there is a "Gap" in employment. USCIS considers missing paystubs as out of status and then sends an inquiry about the H1 transfer. So you are in hanging status. Then you shell out a couple of thousand dollars to an attorney to reply to that inquiry about the gap to USCIS with whatever crap fits into that. Most of the cases, USCIS approves the petition with I-94. Sometimes it approves without I-94 therby forcing you to travel out of country and come back.
So the unpaid bench is a really issue if you have to change your employer at the end of the bench time. If you continue with the same employer after your unpaid bench, then yes, you are out of status but it doesnt create problems.
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nixstor
10-15 08:20 PM
Do not forget to notarize your request. It prevents a frivolous rejection
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newbee7
07-05 12:58 AM
"Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS’ data. Through these discussions, the Ombudsman learned that accounting and processing methods differ at the Nebraska and Texas Service Centers (where USCIS processes employment-based petitions)."
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
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nogc_noproblem
04-23 08:01 PM
Congratulations Googler.
Thanks for all your informative inputs.
Thanks for all your informative inputs.
more...
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gondalguru
07-11 02:03 PM
I think all the unused EB1 and EB2-ROW visa number trickles down to EB2 - India/China and thats the main reason for a big jump in EB2-India cut off dates.
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grinch
03-09 07:22 PM
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prad123
05-05 11:32 PM
My friend was on situation. He consulted lawyer. If already change of status is applied from October 1 you will be in H1. But if you go out of country and come back before October 1st with L1 visa, you are COS will not be valid. Youcan continue in L1. But only problem is you can not switch to H1 later without stamping.
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sukhwinderd
02-16 07:49 PM
so many people stuck in backlog in DC/VA area and not even 5 came up for help.
i am hopeful of more contributions, please dont let me down.
thanks
i am hopeful of more contributions, please dont let me down.
thanks
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fcres
07-24 04:48 PM
Well according to this FAQ dated 07/23 they will accept application without medical report (Qn# 13) which is also an initial evidence. So i hope EVL is also ok.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
My lawyer agreed to send the EVL separate eventhough he said he does not foresee a rejection on the case on this ground. He said its not advised to send another 485, just sent a cover letter and the EVL.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
My lawyer agreed to send the EVL separate eventhough he said he does not foresee a rejection on the case on this ground. He said its not advised to send another 485, just sent a cover letter and the EVL.
days_go_by
11-07 07:55 PM
Hello NJ members,
Please introduce yourself here.
I am a volunteer for IV, I live in Newport, Jersey City.
I have a May 2001 PD stuck at BEC and a 2004 PD labo approved but can't file 485.
Regards,
dgb.
Please introduce yourself here.
I am a volunteer for IV, I live in Newport, Jersey City.
I have a May 2001 PD stuck at BEC and a 2004 PD labo approved but can't file 485.
Regards,
dgb.
tikka
07-03 10:35 AM
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