anu_t
07-24 01:19 PM
If one has a copy of 140 but it has been revoked (no fraud) , when applied for porting how does USCIS finds out the cause of revoking 140? Does USCIS has some kind of data regarding that?
Like what if the labour has been substituted? How one will get this information?
Like what if the labour has been substituted? How one will get this information?
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ksrk
09-01 03:16 PM
Got the email this morning...
EB2I
PD : 10/04
RD : 07/02/07
Beat the 10 year deadline by couple of months :)
Priderock, congratulations on your obtaining the coveted GC. Can you please update your profile to reflect India as your country of chargeability? Also, additional details in your profile will be very helpful.
Good luck and congrats again!
EB2I
PD : 10/04
RD : 07/02/07
Beat the 10 year deadline by couple of months :)
Priderock, congratulations on your obtaining the coveted GC. Can you please update your profile to reflect India as your country of chargeability? Also, additional details in your profile will be very helpful.
Good luck and congrats again!
mnkaushik
01-04 08:50 AM
I dont know if this is possible but how about applying for EB3 using premium processing and once it is approved u have ur prority date set to Apr 2004 and then apply for EB2 I140 and ask for the April 2004 priority date.
I am not sure if u can do this, looking forward from others to see if this is possible.
I am not sure if u can do this, looking forward from others to see if this is possible.
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pbojja
04-23 10:52 AM
My case transfer status clearly indicated that it was transfered to TSC.
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needhelp!
11-06 06:52 PM
brij523.. Taking time out for IV even though you have your GC
lkrastogi
07-16 11:08 PM
My 140 was filed last week and I don't have the receipt number. Can I file 485 without I140 receipt number?
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wandmaker
10-28 12:11 PM
- Pre-approved labor dated 03/2004
- Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
- RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
- 2nd RFE on 140 after 30 days - Education mismatch - Again responded
- There was no response even after 60 days, so we called and created a service request.
- Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch
The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.
Please advice what are options available for me.
USCIS used to accept 3=4, 60 page template evaluations - it is no longer the case. Second, your is SL, it always throws a doubt in legitimacy of job offer. Given the current sitiation, 2nd RFE is mainly on education because USCIS is not convinced with your 1st response. Your chances of success is slim (if you can prove the 3 +1 is in the same line of study) to none - Restart your GC. You are now paying the price for choosing the SL route.
- Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
- RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
- 2nd RFE on 140 after 30 days - Education mismatch - Again responded
- There was no response even after 60 days, so we called and created a service request.
- Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch
The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.
Please advice what are options available for me.
USCIS used to accept 3=4, 60 page template evaluations - it is no longer the case. Second, your is SL, it always throws a doubt in legitimacy of job offer. Given the current sitiation, 2nd RFE is mainly on education because USCIS is not convinced with your 1st response. Your chances of success is slim (if you can prove the 3 +1 is in the same line of study) to none - Restart your GC. You are now paying the price for choosing the SL route.
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salai007
07-17 06:09 PM
Thanks to Rep Lofgren.
I will be sending a Thank card to her soon.
I will be sending a Thank card to her soon.
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bombaysardar
07-17 10:22 PM
If you look at the rules closely on the website, pregnant women are exempted from taking shots. The medical tests should not be a problem.
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gc28262
06-27 10:48 AM
Hi,
I have been out of client project after May 15th 2009. I work for a major Consulting company and have been on Bench since then. Got laid off on June 22nd 2009 due to lack of work in these tough times. For the past 5 weeks, I have tried to find a project through various job sites and could not succeed to get even one client interview due to various reasons. One major reason being Billing Rate, which was not fine with my previous employer.
I am aware that my current stay is not legal anymore and have to wind up things here and leave US at the earliest. I would be getting my last paycheck till this week(June 26th 2009).
Not sure how much more time it will take for me to get a job. Can anyone advise how long can I stay here to find a project/job(if lucky to get one soon) and be able to transfer my H1 without any issues.
Please advise as I am in dilemma to stay in USA and try for 1 more month or go back to India at the earliest to find a job there, though the situation is bad there too.
Please refer to Murthy site link here
http://www.murthy.com/news/UDtermh1.html
Q4.Can I apply for a status other than H1B if I am being laid off?
A. In certain circumstances, an H1B employee may be able to apply for another status. There are a number of different options. Depending on a person's individual circumstances, one may qualify for one of these categories.
Viable options may include F-1 (student status), H-4 or F-2 (dependent of an H1B or F-1 spouse, respectively) and B-2 (tourist) or B-1 (business status). While such a changecould help one stay in status, it is important to ensure that the eligibility criteria are met for whichever status one opts. INS has confirmed that a laid-off H1B worker may apply for a visitor�s visa in order to look for employment. However, a person who is on a status other than an H1B may no longer be able to enjoy the benefits of H1B portability and will be subject to the H-1 cap. This may be the only available option if the applicant's I-94 is expiring, but should not be done without a full understanding of the legal and other consequences.
I have been out of client project after May 15th 2009. I work for a major Consulting company and have been on Bench since then. Got laid off on June 22nd 2009 due to lack of work in these tough times. For the past 5 weeks, I have tried to find a project through various job sites and could not succeed to get even one client interview due to various reasons. One major reason being Billing Rate, which was not fine with my previous employer.
I am aware that my current stay is not legal anymore and have to wind up things here and leave US at the earliest. I would be getting my last paycheck till this week(June 26th 2009).
Not sure how much more time it will take for me to get a job. Can anyone advise how long can I stay here to find a project/job(if lucky to get one soon) and be able to transfer my H1 without any issues.
Please advise as I am in dilemma to stay in USA and try for 1 more month or go back to India at the earliest to find a job there, though the situation is bad there too.
Please refer to Murthy site link here
http://www.murthy.com/news/UDtermh1.html
Q4.Can I apply for a status other than H1B if I am being laid off?
A. In certain circumstances, an H1B employee may be able to apply for another status. There are a number of different options. Depending on a person's individual circumstances, one may qualify for one of these categories.
Viable options may include F-1 (student status), H-4 or F-2 (dependent of an H1B or F-1 spouse, respectively) and B-2 (tourist) or B-1 (business status). While such a changecould help one stay in status, it is important to ensure that the eligibility criteria are met for whichever status one opts. INS has confirmed that a laid-off H1B worker may apply for a visitor�s visa in order to look for employment. However, a person who is on a status other than an H1B may no longer be able to enjoy the benefits of H1B portability and will be subject to the H-1 cap. This may be the only available option if the applicant's I-94 is expiring, but should not be done without a full understanding of the legal and other consequences.
more...
dagu1234
06-08 03:02 AM
did you provide social security number? temporary license can be issued only if you do not provide social security number.
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needhelp!
11-16 01:09 PM
http://picasaweb.google.com/niloufer78/DFWDiwaliMela2007
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mayhemt
04-20 06:33 PM
For all the critiques against this march....
Remember, this march is for pushing lawmakers to 'take up comprehensive immigration reform'. This is not for granting immediate amnesty to undocumented/illegals.
If you are waiting for exclusive reform on H1B/EB3-I/EB2-I instant-green-card-welcoming kit, well, good luck in your shell for another 1000 years. Why not join hands with another group for a similar & bigger goal? Like I said in my initial post, there's nothing to lose... Consider it. Its a 'I scratch your back, you scratch my back' thing..
With a lot of media attention, they finally might take it up seriously before another year is wasted.
From Why March? � May 1 March � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/why-march/) ..
Our broken immigration system hurts millions of families across America. It keeps workers under the exploitative heel of employers, pitting workers against each other when we could be united to move our economy forward. It keeps men, women, and children living in fear of raids, detainment, and deportation. Every day that our government doesn�t pass immigration reform, the fabric of America is unraveled, and the American dream is deferred.
Our leaders� promises are meaningless if they don�t turn their rhetoric into concrete actions and legislation. President Obama, Congress, and the bureaucracy in Washington DC have not delivered the action America needs. We�re marching on May 1st to show them, and the world, that we�re not going to let them get away with it.
Remember, this march is for pushing lawmakers to 'take up comprehensive immigration reform'. This is not for granting immediate amnesty to undocumented/illegals.
If you are waiting for exclusive reform on H1B/EB3-I/EB2-I instant-green-card-welcoming kit, well, good luck in your shell for another 1000 years. Why not join hands with another group for a similar & bigger goal? Like I said in my initial post, there's nothing to lose... Consider it. Its a 'I scratch your back, you scratch my back' thing..
With a lot of media attention, they finally might take it up seriously before another year is wasted.
From Why March? � May 1 March � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/why-march/) ..
Our broken immigration system hurts millions of families across America. It keeps workers under the exploitative heel of employers, pitting workers against each other when we could be united to move our economy forward. It keeps men, women, and children living in fear of raids, detainment, and deportation. Every day that our government doesn�t pass immigration reform, the fabric of America is unraveled, and the American dream is deferred.
Our leaders� promises are meaningless if they don�t turn their rhetoric into concrete actions and legislation. President Obama, Congress, and the bureaucracy in Washington DC have not delivered the action America needs. We�re marching on May 1st to show them, and the world, that we�re not going to let them get away with it.
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goel_ar
08-20 02:12 PM
it is very easy to get it done. You take money , go to scotia bank branch - there are tons of them there & get it done. Takes about 5 min. only. But go to Canada a day before to avoid any problems.
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calgirl
05-25 07:50 PM
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
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GCneeded
11-07 12:32 PM
Thank you everyone for the responses.
Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.
Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.
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zeal2005
02-11 12:25 PM
My GC was filed by Chugh firm and I did not face any problems so far. I left my GC sponsoring company as well and still continuing with them for AC21 and other issues. In general, you have to carefully verify the data in the application that the firm feel up but that is applicable for any law firm you choose.
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go_guy123
03-13 02:43 PM
Are you sure democrats are not listening to republican suggestions? Healthcare debate has been going on for over 1 year. In my 8 years in US, never has been so much time given to debate any single issue. Most of the key provisions in the bill were Republican ideas including tax cuts, coverage for preexisting condition etc. Republicans are taking bribes from insurance companies for stalling the healthcare bill. If democrats did not want to include republicans then they could have passed healthcare bill last year when democrats had super majority in the Senate, before Scott Brown's election. All throughout last year democrats have been trying to get republicans on board. Republican party have stalled the entire government. Now with no other choice, after debating healthcare for more than 1 year, republicans want to restart the entire discussion. This is appalling.
Keeping all tradition, Healthcare bill passed with with filibuster proof majority in the Senate. House passed their own bill with majority. House is now trying to pass Senate bill. Then House and Senate will do reconciliation of the House bill and Senate bill in the conference committee. Every bill has to go through conference committee. After conference committee they will again pass the final bill in the House and the Senate with majority vote. What is wrong with this process? Every republican senator was elected with 50% majority. No one asked republican senators to prove 60% vote. Why can't the Senate pass a bill with 51 votes after passing through the filibuster test of 60 votes when that is how others bills pass? So many large bills including Patriot act were passed with 50 Senate votes + 1 vote of Dick Cheney after the conference committee.
There was no immigration bill last year because of healthcare debate. Republican party is a party of no and they don't want to see anything done.
Healthcare is festering because a lot of democratic party members have been bought off by the insurance lobby and they want to "discuss , debate endlessly etc" to create a stalemate
and thereby kill the bill.
"debate endlessly" is another way of blocking
By the way thats how CIR gets killed and will get killed if tabled.
AC21 was passed in stealth as it was piecemeal...bypassing a lot of process.
Keeping all tradition, Healthcare bill passed with with filibuster proof majority in the Senate. House passed their own bill with majority. House is now trying to pass Senate bill. Then House and Senate will do reconciliation of the House bill and Senate bill in the conference committee. Every bill has to go through conference committee. After conference committee they will again pass the final bill in the House and the Senate with majority vote. What is wrong with this process? Every republican senator was elected with 50% majority. No one asked republican senators to prove 60% vote. Why can't the Senate pass a bill with 51 votes after passing through the filibuster test of 60 votes when that is how others bills pass? So many large bills including Patriot act were passed with 50 Senate votes + 1 vote of Dick Cheney after the conference committee.
There was no immigration bill last year because of healthcare debate. Republican party is a party of no and they don't want to see anything done.
Healthcare is festering because a lot of democratic party members have been bought off by the insurance lobby and they want to "discuss , debate endlessly etc" to create a stalemate
and thereby kill the bill.
"debate endlessly" is another way of blocking
By the way thats how CIR gets killed and will get killed if tabled.
AC21 was passed in stealth as it was piecemeal...bypassing a lot of process.
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gaz
02-17 09:34 AM
I just got my H1 visa and thanks so much for your help. I really appreciate that. I now actually got some questions about the port of entry. As my understanding that they will stamp my passport at the port of entry, I wonder if they will keep my current I-797 at the port of entry (I already have the H1 stamp in my passport). Pls advise. Also, I don�t have the bottom portion of the I-94 on I-797 since I am currently in Malaysia . Would this be a problem? Please also advise if they will issue me the new I-94 at the port of entry. Anybody pls help. Thank you very much.
keep the 797 with you. you may be asked for it at the port of entry - but it will be returned to you. that is your work authorization approval notice
you will get a new i94 - make sure the date on the i94 matches the date-valid-until for the h1b visa.
keep the 797 with you. you may be asked for it at the port of entry - but it will be returned to you. that is your work authorization approval notice
you will get a new i94 - make sure the date on the i94 matches the date-valid-until for the h1b visa.
prabhu07
05-21 11:44 AM
@gcformeornot - Thanks for the reply. Its my current employer who has applied for H1 as my L1 is maxing out, so, I am not in a total rush to change employers.
@surabhi - Thanks for the detailed reply, much appreciated. Your answer to my #2 question just made my day. I just wanted confirmation that I can still use my old priority date. I have no problems starting with a new labor, new I-140, as long as I can retain my old Priority date. Will you get real mad if I ask "can you re-confirm your answer" ? :D Nonetheless, Thanks a bunch again. :)
@surabhi - Thanks for the detailed reply, much appreciated. Your answer to my #2 question just made my day. I just wanted confirmation that I can still use my old priority date. I have no problems starting with a new labor, new I-140, as long as I can retain my old Priority date. Will you get real mad if I ask "can you re-confirm your answer" ? :D Nonetheless, Thanks a bunch again. :)
leo2606
11-13 09:41 PM
Why does he need to wait?He is talking about previous employer.
Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...
Otherwise.. what are you waiting for :-)
Wait for 6 months since Receipt Date... And then complain to DOL... You don't want to lose your I-140...
Otherwise.. what are you waiting for :-)
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