anand3597
12-13 05:56 PM
Hello,
We (my wife and I) got our CPO emails on Dec. 1st. In the US since 1997. Hopefully the details below will help you:
1. Called Nebraska service center weekly for last ~2 months to check progress of I485
2. EB3 (Aug. 19, 2004) to EB2 PD porting request sent in Mar. 2009
3. Oct. 2009- was told that I485 review will need to wait till EB2 I140 approval notice is transferred from National visa center to Nebraska center.
4. Nov. 2009- sent letters to senator and congressman requesting assitance.
5. Nov. 20- soft LUD
6. Dec. 1- text message and CPO emails
7. Dec. 7- received green cards in mail
I think the POJ calling method helped us the most in identifying why the PD porting request had not been approved and move the process ahead.
regards,
anand3597
donated to IV
We (my wife and I) got our CPO emails on Dec. 1st. In the US since 1997. Hopefully the details below will help you:
1. Called Nebraska service center weekly for last ~2 months to check progress of I485
2. EB3 (Aug. 19, 2004) to EB2 PD porting request sent in Mar. 2009
3. Oct. 2009- was told that I485 review will need to wait till EB2 I140 approval notice is transferred from National visa center to Nebraska center.
4. Nov. 2009- sent letters to senator and congressman requesting assitance.
5. Nov. 20- soft LUD
6. Dec. 1- text message and CPO emails
7. Dec. 7- received green cards in mail
I think the POJ calling method helped us the most in identifying why the PD porting request had not been approved and move the process ahead.
regards,
anand3597
donated to IV
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msp1976
04-17 12:17 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have give a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase.
I do not know what to do , his is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I will be on status ??
Such type of contract is not legally enforceable....So you have to take your own decision....
I do not know what to do , his is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I will be on status ??
Such type of contract is not legally enforceable....So you have to take your own decision....
GCBy3000
07-11 08:41 PM
This is the letter which I composed and sent to David Obey of WI.
Here is the IV Link http://immigrationvoice.org/forum/showthread.php?p=99419#post99419
How did it ended up in www.congress.org????
http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg
The button below the article lets you send emails to Bush and Cheney...
Here is the IV Link http://immigrationvoice.org/forum/showthread.php?p=99419#post99419
How did it ended up in www.congress.org????
http://www.congress.org/congressorg/issues/alert/?alertid=9979506&content_dir=ua_congressorg
The button below the article lets you send emails to Bush and Cheney...
2011 and Alex Pettyfer is out.
somegchuh
10-26 01:11 PM
I hope they mail it back because that's something I definitely need. I didn't know they will look at my I797. I wish I had known this before my wife went for visa stamping. There's alway a new kink, isn't it :-)
My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
My wife had her visa stamped in Bombay consulate - and during the interview they asked to see the I797 - but i had instructed her to ask for it back and she specifically asked the officer if she could have it back because I needed it - and he promptly gave it.
maybe Delhi Consulate works differently. Hopefully they will mail you back the 797 notice with the passport.
more...
gcisadawg
08-11 04:14 PM
bump
done. EB3-I Oct 2003
done. EB3-I Oct 2003
BharatPremi
12-05 12:22 PM
Me too! Citizen of India.
:)
:)
more...
Sakthisagar
12-07 09:16 AM
Indian SCAM is becoming higher 2G & 4G SCam etc etc... 4G scam, burkhas, rajdeep,pronnoys and sagarikas making the money not salaries. Always the other side is green
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vaishnavilakshmi
07-25 01:00 PM
Thanks for the responses.
I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.
Hi,
I don't know for what u have the affidavits for.Anyways,the solution for ur case(mispelt parents names in ur birth certificate) is"ur parents have to give an affidavit stating the subject that their names were mispelt and the original names are so and so" and all the remaining details are correct.And this affidavit is to be notarised by lawyer.
Hope u got this now,
Goodluck,
Vaishu
I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.
Hi,
I don't know for what u have the affidavits for.Anyways,the solution for ur case(mispelt parents names in ur birth certificate) is"ur parents have to give an affidavit stating the subject that their names were mispelt and the original names are so and so" and all the remaining details are correct.And this affidavit is to be notarised by lawyer.
Hope u got this now,
Goodluck,
Vaishu
more...
milind70
04-07 05:38 PM
I went back to my home country in 02 in an emergency situation and didn't submit my I-94 as well. No questions asked when I got back. Moreover, no issues/questions when I went back again in 05 and came back to the US. I didn't send anything to the USCIS. Not sure whether it affects naturalization or not but so far so good on my 485.
Maverick_2008
PS: What if the airline employee who takes our I-94 made a mistake and it didn't reach the USCIS for any reason? I could be wrong but I think it may not have a drastic impact on 485.
Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.
Maverick_2008
PS: What if the airline employee who takes our I-94 made a mistake and it didn't reach the USCIS for any reason? I could be wrong but I think it may not have a drastic impact on 485.
Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.
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meridiani.planum
06-17 09:38 PM
Thanks to every one for considering my message and answering to the questions.
Today I have received a mail from our Immigration team saying that they are going to file my GC petition next month (July-2010) for Employment-3rd category (EB-3). But I have 17 years of education (in India, 10+2+3+2) plus 11 years of progressive experience. Am I not qualified for EB-2 category? When I asked the same to our Immigration team, they said, "You do not qualify for EB2 because you do not meet the minimum salary and educational requirements. USCIS does not accept a 3-year Bachelor + 2-year Master education combination to qualify for EB2". What does it mean? Please some one let me know what are the requirements to qualify for EB-2 category? Thank you again in advance.
Regards,
swashbuckler
See here:
EB-2 Advanced degrees & Experience | Immigration.Com - Law Offices of Rajiv S. Khanna, PC (http://www.immigration.com/greencard/eb2-green-card/eb-2-advanced-degrees-experience)
specifically:
3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
so your 3+2 will be equivalent to a bachelors, then the additional 11 years of experience you have should put you into EB2.
Having said that, this is not law, it is what USCIS said they "generally" follow. So its upto interpretation. That came out in 2007 (in some AILA Meeting) but there are cases of I-140 being denied in such cases. some very recent (2010/2008):
i-140 denial : India 3 yrs Bachelor + 2 yr Master (http://www.immigration-information.com/forums/i-140-petitions/10141-i-140-denial-india-3-yrs-bachelor-2-yr-master.html)
I-140 Denied due to Education - HELP NEEDED PLEASE (http://www..com/usa-discussion-forums/i140/191165977/i-140-denied-due-to-education-help-needed-please)
Some stay denied, many go through on an appeal with AAO. Some even get through without issues on first go.
You could take a chance with EB2 (if you do, ensure that your Labor is very specific about the needs "OR bachelors +5" part. If you just says masters+1 it'll be denied. the 3+2 is not considered a masters equivalent)
Also, consider the stakes here (you need that I-140 approval to get an H1 extension). One option might be to go with EB3 now, make sure you get the extension, then later file in EB2 (with a new employer?) and recapture the PD.
Depends on your appetite for risk...
Today I have received a mail from our Immigration team saying that they are going to file my GC petition next month (July-2010) for Employment-3rd category (EB-3). But I have 17 years of education (in India, 10+2+3+2) plus 11 years of progressive experience. Am I not qualified for EB-2 category? When I asked the same to our Immigration team, they said, "You do not qualify for EB2 because you do not meet the minimum salary and educational requirements. USCIS does not accept a 3-year Bachelor + 2-year Master education combination to qualify for EB2". What does it mean? Please some one let me know what are the requirements to qualify for EB-2 category? Thank you again in advance.
Regards,
swashbuckler
See here:
EB-2 Advanced degrees & Experience | Immigration.Com - Law Offices of Rajiv S. Khanna, PC (http://www.immigration.com/greencard/eb2-green-card/eb-2-advanced-degrees-experience)
specifically:
3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
so your 3+2 will be equivalent to a bachelors, then the additional 11 years of experience you have should put you into EB2.
Having said that, this is not law, it is what USCIS said they "generally" follow. So its upto interpretation. That came out in 2007 (in some AILA Meeting) but there are cases of I-140 being denied in such cases. some very recent (2010/2008):
i-140 denial : India 3 yrs Bachelor + 2 yr Master (http://www.immigration-information.com/forums/i-140-petitions/10141-i-140-denial-india-3-yrs-bachelor-2-yr-master.html)
I-140 Denied due to Education - HELP NEEDED PLEASE (http://www..com/usa-discussion-forums/i140/191165977/i-140-denied-due-to-education-help-needed-please)
Some stay denied, many go through on an appeal with AAO. Some even get through without issues on first go.
You could take a chance with EB2 (if you do, ensure that your Labor is very specific about the needs "OR bachelors +5" part. If you just says masters+1 it'll be denied. the 3+2 is not considered a masters equivalent)
Also, consider the stakes here (you need that I-140 approval to get an H1 extension). One option might be to go with EB3 now, make sure you get the extension, then later file in EB2 (with a new employer?) and recapture the PD.
Depends on your appetite for risk...
more...
sky7
07-26 11:34 AM
hey njboy..thanks again for ur response.
Yes, i read about the I140 processing and EB3 goes first. But I already filed my I140 in June-06, can i still move that to PREMIUM PROCESSING? (I tried to find any rule/regulation on that...didn't see any). And how long does the PREMIUM Processing takes?
Looks like the average wait time at the Nebraska SC is 3-4 months, hmmm..should i spend that extra $1K? Maybe yes (if we are allowed to switch from regular to premium)...given the "efficiency" of the immigration processing in the US.
Thanks again
Sky
Yes, i read about the I140 processing and EB3 goes first. But I already filed my I140 in June-06, can i still move that to PREMIUM PROCESSING? (I tried to find any rule/regulation on that...didn't see any). And how long does the PREMIUM Processing takes?
Looks like the average wait time at the Nebraska SC is 3-4 months, hmmm..should i spend that extra $1K? Maybe yes (if we are allowed to switch from regular to premium)...given the "efficiency" of the immigration processing in the US.
Thanks again
Sky
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GAFAAAAA
10-27 11:36 AM
you can make bird houses out of tables, surley that blue bird on twitter must land somewhere of a night on his cyber bird house when everyone has shut up for the night about how the jonas brothers suck. he/she probably goes home from work too you know.
more...
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valleywag
07-30 01:21 PM
is this common for all those who have a primary vendor between the employer and the client ? or they are just doing it in random ?
Though i live in hyd i chose delhi for appointment coz previous stampings from delhi had no issues :(
Though i live in hyd i chose delhi for appointment coz previous stampings from delhi had no issues :(
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rvr_jcop
03-27 12:51 PM
I feel the same... but I'm not sure if I am ready to go back just yet. I spent beyond my means to get my masters and spent a couple of years just paying it back.
I might have some left in me to try again one more time and hoping that some reforms would happen which would help me then.
But yeah, I am not sure if I'll really go after that h1 if I have to go for stamping now.
pal :)
Oh, and also, consider the 'risk' involved in the underlying 485. If you have everything in place and all the documents such as LCA are proper, proved A2P etc...then the risk should be negligible. But again, you know that better than us. Good Luck.
In my case, I decided enough is enough. I am going back 'home' should something happen to my 485., in fact with a big smile.
I might have some left in me to try again one more time and hoping that some reforms would happen which would help me then.
But yeah, I am not sure if I'll really go after that h1 if I have to go for stamping now.
pal :)
Oh, and also, consider the 'risk' involved in the underlying 485. If you have everything in place and all the documents such as LCA are proper, proved A2P etc...then the risk should be negligible. But again, you know that better than us. Good Luck.
In my case, I decided enough is enough. I am going back 'home' should something happen to my 485., in fact with a big smile.
more...
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franklin
12-12 11:49 PM
It depends on the terms of the contract.
I think Washington is an "At Will" employment state, so no matter what a contract says, its pretty much !#*$. I'd do some research if I were you -google, get some state specific employment law advice, check your employee handbook etc.
At Will means that either side (employer or employee) can end a contract at any point, AFAIK
Employee handbook should spell it out. I guess they "could" force you to use your PTO - don't know of the legality in that.
Just my opinion, not legal advice:o
Quick search online got this:-
At Will
In Washington, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In Washington, in order to overcome the at-will presumption, an employee must show that the employer made clear and unequivocal statements of job security to the employee.
The most common exception to employment-at will is for public policy. This holds that an employee is wrongfully discharged if the termination is counter to an explicit policy of the government. One example is the discharge of an employee for filing a workers' compensation claim.
Employee Handbooks
While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. It also provides more convenient access by employees and managers. At a minimum, an employee handbook should include:
* A statement regarding the at-will employment relationship
* An equal employment opportunity statement
* A policy regarding sexual and other types of harassment in the workplace
* Internet access, e-mail, and voice mail policies
* The Family Medical Leave Act
In Washington, in limited circumstances, the at-will presumption can be overcome and a just-cause employment relationship can be created by an employee's legitimate expectations that are grounded in an employer's policy statements. The employee has to show that the employer, through the employee manual or otherwise, made representations or promises that termination would be only for just cause.
The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.
I think Washington is an "At Will" employment state, so no matter what a contract says, its pretty much !#*$. I'd do some research if I were you -google, get some state specific employment law advice, check your employee handbook etc.
At Will means that either side (employer or employee) can end a contract at any point, AFAIK
Employee handbook should spell it out. I guess they "could" force you to use your PTO - don't know of the legality in that.
Just my opinion, not legal advice:o
Quick search online got this:-
At Will
In Washington, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In Washington, in order to overcome the at-will presumption, an employee must show that the employer made clear and unequivocal statements of job security to the employee.
The most common exception to employment-at will is for public policy. This holds that an employee is wrongfully discharged if the termination is counter to an explicit policy of the government. One example is the discharge of an employee for filing a workers' compensation claim.
Employee Handbooks
While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. It also provides more convenient access by employees and managers. At a minimum, an employee handbook should include:
* A statement regarding the at-will employment relationship
* An equal employment opportunity statement
* A policy regarding sexual and other types of harassment in the workplace
* Internet access, e-mail, and voice mail policies
* The Family Medical Leave Act
In Washington, in limited circumstances, the at-will presumption can be overcome and a just-cause employment relationship can be created by an employee's legitimate expectations that are grounded in an employer's policy statements. The employee has to show that the employer, through the employee manual or otherwise, made representations or promises that termination would be only for just cause.
The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.
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WaldenPond
02-09 11:03 AM
Hello,
Could anybody please post the latest going on with today's hearing - Committee on Government Reform Hearing: U.S. Competiteveness.
I am not able to find any news/update on this.
Thanks,
Could anybody please post the latest going on with today's hearing - Committee on Government Reform Hearing: U.S. Competiteveness.
I am not able to find any news/update on this.
Thanks,
more...
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chanduv23
12-09 12:16 PM
Guys,
Right now there are 154 guests accessing this site...please become a member, join state chapter and please please contribute to IV..
Guests please take a positive step and become a member. And once you become a member - please contribute. This goes a long way towards helping our cause.
Right now there are 154 guests accessing this site...please become a member, join state chapter and please please contribute to IV..
Guests please take a positive step and become a member. And once you become a member - please contribute. This goes a long way towards helping our cause.
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vandanaverdia
09-09 09:39 PM
We had 2 more users join the WA Chapter. Welcome aboard! We need more....
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gc28262
07-29 11:04 PM
I don't think that dude knows what he is talking about. Anyway EB1 cases ARE separate from EB2/EB3 and ARE adjudicated separately than the rest. That's why it is current and I don't know what more that dude wanted...Just few months here and there in adjudication process of EB1 cases...so what? In this whole mess of years and years of waiting for others, what's the big deal?
This particular EB1 gc aspirant has been waiting for his gc even after 2-3 years of his PD becoming current. He don't want EB1 applications to be subjected to the processing times set for EB2/EB3 etc.
His point is, it does not make sense to wait 2-3 years for a GC once his date is current.
This particular EB1 gc aspirant has been waiting for his gc even after 2-3 years of his PD becoming current. He don't want EB1 applications to be subjected to the processing times set for EB2/EB3 etc.
His point is, it does not make sense to wait 2-3 years for a GC once his date is current.
FredG
May 1st, 2005, 01:58 PM
I'd say you captured the action just fine. All that bird tracking was probably good practice for this.
centaur
02-12 10:10 AM
YOur I-94 will be same as expiration of visa, only it will be in your "old" passport. When you get your new passport, you will have to carry the old with it ( the one with stamped visa) and thats it. No worries.
I am going to Canada tomorrow for my H-1 stamping. My passport expires in Jan 2008 though (less than a year left!!). I assume that I will get a 3-year visa stamp.
However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.
I am going to Canada tomorrow for my H-1 stamping. My passport expires in Jan 2008 though (less than a year left!!). I assume that I will get a 3-year visa stamp.
However, when I re-enter the US, I guess the I-94 I get will have an expiration date that matches my passport expiration date rather than my H1B visa expiration date. Am I correct in assuming this?
Is there such a thing as an I-94 extension, and if so how easily does it get approved. Thank you so much, but I am getting really worried right now.
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