sunny26
03-10 10:37 AM
if its for education then consult with ur lawyer whether its possible to file for eb3 with same labour.if not file for appeal and get some time.apply new labour
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jnayar2006
03-27 05:40 PM
nsnriv,
The idea of the IV forums is to discuss our agenda, and activities.
Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.
Good luck,
Berkeleybee
Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
The idea of the IV forums is to discuss our agenda, and activities.
Individual cases and problems are best discussed on forums like Immigration Portal. You are sure to find help and advice there.
Good luck,
Berkeleybee
Berkeleybee, I am not sure I totally agree with you - having a forum where people can come in and ask questions related to the core problems is a great way to increase readership and to promote the necessary esprit de corps. The members-only forums - now those, I agree - mainly ideas, activities etc. (Personally, I find it very difficult to stay tuned to 3 or 4 different immigration web sites/forums).
vnsriniv, to answer your question - to the best of my knowledge, you will have to wait till the dates become current - the current processing dates of the service centers don't mean much - there are several cases of 485 approvals of petitions with PDs > cut-off dates based on other posts on this board.
ssa
11-14 01:51 AM
There is a lot of confusion on this topic - not just on the forums but even among practicing immigration lawyers. Bottom line is there is no clear cut wording in any USCIS rule or memo regarding this particular situation so it's open to interpretation. If your attorney is conservative in interpretation s/he will say use of EAD for any job would void H1B. Others say as long as you do not use EAD for the primary Job for which you have the approved H1B its okay to use EAD for other jobs. My own lawyer is in the later camp - the camp which believes use of EAD for secondary jobs does not constitute violation of H1B terms as long as you continue to work for the H1B sponsoring employer for full time. He is immigration attorney for a very big and prominent high tech company.
Pick one lawyer who you are comfortable with and believe in and do as s/he says. Bad news is anything short of USCIS clarification/memo on this will not end this debate conclusively.
Pick one lawyer who you are comfortable with and believe in and do as s/he says. Bad news is anything short of USCIS clarification/memo on this will not end this debate conclusively.
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dhirajs98
01-13 09:51 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.
====
Hey indyanguy,
I don't know who is your current alawyer but if you are not sure about him then why don't you talk to one of the experienced lawyer's like Sila Murthy ot Rajiv Khanna. They might have experienced these kind of cases and probably provide you better and full proof course of action.
my 2 cents.
btw what was your receipt date on uscis website?
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.
====
Hey indyanguy,
I don't know who is your current alawyer but if you are not sure about him then why don't you talk to one of the experienced lawyer's like Sila Murthy ot Rajiv Khanna. They might have experienced these kind of cases and probably provide you better and full proof course of action.
my 2 cents.
btw what was your receipt date on uscis website?
more...
trueguy
08-11 11:48 AM
Bump
MArch172008
05-23 03:32 PM
I am on H1 since 2005 and renewed last year and it is valid till april 2010.
Last year i joined directly to the client and they are processing my GC.
When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
So as back up i want to have a labour approve based on future employment and if possible have 140 processed.
guide me if this is not the correct thing to do...
regards
Last year i joined directly to the client and they are processing my GC.
When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
So as back up i want to have a labour approve based on future employment and if possible have 140 processed.
guide me if this is not the correct thing to do...
regards
more...
go_guy123
11-23 02:23 PM
Well Said.
Also the reason why Dream act is ahead of skilled immigration relief. Its all about votes !!!!
Also the reason why Dream act is ahead of skilled immigration relief. Its all about votes !!!!
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GCScrewed
07-12 10:47 AM
actually, i think that the EB3 will also make rapid advances come October.
with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.
Sorry dude for saying this... but you must be in an illusion. There are tons of EB3s before 2005 simply because before that time, there was no retrogression for quite a while and nobody cared about EB2/EB3 that much.:rolleyes:
with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.
Sorry dude for saying this... but you must be in an illusion. There are tons of EB3s before 2005 simply because before that time, there was no retrogression for quite a while and nobody cared about EB2/EB3 that much.:rolleyes:
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supreet
06-30 12:28 AM
My Wife and I were scheduled to have our fingerprints taken on July 7th and July 9th respectively. Today, we received a letter for my wife and the letter says "Appointment Canceled" "No need to appear at ASC".
The letter does not say if they are going to reschedule OR the reason for cancelling.
I am a July 2007 applicant and this is the first FP appts we have got.
Does anybody have this kind of experience before?
Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.
My case is in TSC.
Any comment is appreciated.
Thanks.
Bipin :mad:
I got the exact same letter. My wife and I were supposed to go to Oakland on July 7th for our FPs (our first) and today we got the letter which says "APPOINTMENT CANCELLED"; "No Need to Appear At ASC".
Additional information - I was laif off last month (May). So far my 485/140 status is unchanged (no RFEs...keeping fingers crossed).
Any ideas what's going on?
- S
The letter does not say if they are going to reschedule OR the reason for cancelling.
I am a July 2007 applicant and this is the first FP appts we have got.
Does anybody have this kind of experience before?
Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.
My case is in TSC.
Any comment is appreciated.
Thanks.
Bipin :mad:
I got the exact same letter. My wife and I were supposed to go to Oakland on July 7th for our FPs (our first) and today we got the letter which says "APPOINTMENT CANCELLED"; "No Need to Appear At ASC".
Additional information - I was laif off last month (May). So far my 485/140 status is unchanged (no RFEs...keeping fingers crossed).
Any ideas what's going on?
- S
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grupak
03-01 12:50 PM
^^^^
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sunilsj
01-21 10:43 AM
I wouldn't make the assumption that this is only happening to consulting cases. I know example where a full-time non-consulting candidate has been held up. Be careful.
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sukhyani
09-04 12:05 PM
Fellows in pain ...
It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
I am still at awe and can't believe ... probably will never do until I get the physical card.
For those interested:
EB3 ROW - Dec 2004 (first application was April 2001)
I filed 765 and 485 in June of this year
Congratulations man!
now here is the stream of questions :)
Your Service Center?
GC approved with Priority date April 2001 or Dec 2004?
It's been horribly long 10 years and many complications along the way but my journey seemed to have reached the end. This morning I got a magically enchanted email:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
I am still at awe and can't believe ... probably will never do until I get the physical card.
For those interested:
EB3 ROW - Dec 2004 (first application was April 2001)
I filed 765 and 485 in June of this year
Congratulations man!
now here is the stream of questions :)
Your Service Center?
GC approved with Priority date April 2001 or Dec 2004?
more...
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BMS1
11-24 01:57 AM
It is really irritating to read 'i' & mba not getting capitalized, I'm typed as im, etc. Type slowly and capitalize where needed. You may be in a hurry but you are irritating potential helping people.
From the statements you have made, the following are clear.
1) You received a query (right word is RFE, start using the right word RFE) and H1-B approval in Aug.
2) Now you (three months later) are in a hurry to understand if the H1-B is approved or not.
Is that right?
For H1-B approval you must already have a job offer from an employer even before H1-B is filed. You can not want to get a job on H1-B after approval.
Try to narrate the story step by step (and type slowly and correctly). Some one will help you.
From the statements you have made, the following are clear.
1) You received a query (right word is RFE, start using the right word RFE) and H1-B approval in Aug.
2) Now you (three months later) are in a hurry to understand if the H1-B is approved or not.
Is that right?
For H1-B approval you must already have a job offer from an employer even before H1-B is filed. You can not want to get a job on H1-B after approval.
Try to narrate the story step by step (and type slowly and correctly). Some one will help you.
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cbpds
10-05 10:07 PM
I am asked to show my I 797 form by the Indian officer once I land in India from USA, not just once every single time :)
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god_bless_you
08-15 09:39 AM
they will make any statement only if they are pounded by letters from us. if you want you can post their contacts on the forum and everyone can write letters to them.
we can ask support from
http://www.usinpac.com/
let us register with USINPAC from here
http://www.usinpac.com/register.asp
another wikipedia which has lot of info on Indian Americans!!
check Politics section on this page
http://en.wikipedia.org/wiki/Indian_American
another interesting item ..
Merrill Lynch recently revealed that there are nearly 200,000 Indian American millionaires. One in every nine Indians in the US is a millionaire, comprising 10% of US millionaires. (Source: 2003 Merrill Lynch SA Market Study).
we can ask support from
http://www.usinpac.com/
let us register with USINPAC from here
http://www.usinpac.com/register.asp
another wikipedia which has lot of info on Indian Americans!!
check Politics section on this page
http://en.wikipedia.org/wiki/Indian_American
another interesting item ..
Merrill Lynch recently revealed that there are nearly 200,000 Indian American millionaires. One in every nine Indians in the US is a millionaire, comprising 10% of US millionaires. (Source: 2003 Merrill Lynch SA Market Study).
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crystal
08-02 01:06 PM
if you want to get something from India. I think DHL is ok so far for me. But make sure that you are shipping it from the DHL main center .Never ever do it from normal (shop)braches as they would take their own sweet time to deliver them to main center.
I was wanted to know what is the best way to get something from India, please share if you had any experience.
thanks
I was wanted to know what is the best way to get something from India, please share if you had any experience.
thanks
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ultrasparc
09-01 08:13 PM
My PD is in Apr 2002, EB3. I filed for EAD renewal on Jun 23 2008. Got approval on Aug 13 2008. got EAD for 1 year in mail instead of 2 year.
I called USCIS they told me use EAD and file new I9 form with employer based on this 1 year EAD. Then re-file new I765 form with USCIS with cover letter explaining why I should get two year EAD; plus send orginal EAD back. if USCIS find any error on their side they will correct it and send new EAD cards.
I am scared to send orignal EAD back.. just in case employer ask for EAD card again!!
Is this procedure sounds right? Any one have any experience with this process?
I called USCIS they told me use EAD and file new I9 form with employer based on this 1 year EAD. Then re-file new I765 form with USCIS with cover letter explaining why I should get two year EAD; plus send orginal EAD back. if USCIS find any error on their side they will correct it and send new EAD cards.
I am scared to send orignal EAD back.. just in case employer ask for EAD card again!!
Is this procedure sounds right? Any one have any experience with this process?
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03-09 09:27 PM
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chris
12-15 04:03 PM
Any of got approved based on this memo ?
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
h1bnogc
08-28 09:54 PM
Thanks for a positive reply at last.I checked my both 797s my current one ends on Nov 14 and my future one starts at Nov 15.So i see there is no gap.Hopefully i will be good i guess.I am planning to go to Charlotte Border Security and see if they say me the same.Any way your comments made me rethink that i will be ok.
Please share your experience in correcting date on I94. Please let us know what you end up doing this situation?
I am just wondering why you did not talk to supervisor or also did you show both new and old approval?
Your shared experience definitely helpful to many...
Please share your experience in correcting date on I94. Please let us know what you end up doing this situation?
I am just wondering why you did not talk to supervisor or also did you show both new and old approval?
Your shared experience definitely helpful to many...
Bpositive
04-03 02:26 PM
There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.
The lawyer will know the exact deadline...i think it is a little later than the 12 week count...
The lawyer will know the exact deadline...i think it is a little later than the 12 week count...
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