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  • saimrathi
    07-12 08:35 AM
    Sent a letter to Arnie telling him about the rally on 7/14.. Fingers crossed... :)




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  • mikemeyers
    11-09 12:20 PM
    anyone else has any opinion..plz share it...




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  • veni001
    01-18 05:48 PM
    How u know that the chances are 95%? Why can't it be 5%? :D

    Simple, Employer got audited and had a denial ! Second almost all software related EB2 PERM/I140 gets audited, if not you are in that 0-5% ;)




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  • solraj
    03-19 01:24 PM
    Check with the employer and the designated lawyer if they received a notice saying 140 denied.If not check with your employer and see how the trend is wrt 140 approvals recently if anyone got approvals or any denials if yes is it an Ability to pay or Education.Either way you can file a Motion to reopen for both 140 and 485.I believe it has to be done in 30 days. So you should really rush getting this done.I would advise doing it from a very experienced lawyer than the actual lawyer who filed your original cae.



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  • santa123
    10-06 08:41 PM
    I just read about someone in San Fernando who killed his family and himself because he didn't have a job.

    Please reach out to your friends in times of difficulty....the world is not going to end if you don't have a job OR if you there are delays in getting your GC..the world is a wonderful place and still full of opportunity - to add value, to help others etc...you may need to reach out to your friends for help to find your calling or the next opportunity....please don't be desperate....and please ask for help. we all have so many things to be happy and thankful for...

    Cheers!!

    Well said... the economy will rebound as time progresses. Let us hope and pray it happens quickly.




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  • ArkBird
    10-28 02:05 AM
    If it is EB2, forget about it. EB2 and 3 yr degree is big No No. If it is EB3 (seems unlikely as you filed in 04/2007 and EB3 was not current) consult good lawyer and file MTR.

    HTH



    - 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.



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  • 2008FebEb2
    09-22 11:28 AM
    Not many cases in 2007 and 2008.

    Looks like people got p1ssed off and not applying anymore in EB2 2008:p




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  • immigration
    03-12 09:22 AM
    MN. You can call and tell them that you are using ITIN and will update with SSN when you have one.



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  • Simran21
    10-01 05:35 AM
    While taking a VISA appointment , there is a question which says "Are you applying for same visa class that expired in the last 12 months?"

    Here are my doubts

    1. I had a H1 B VISA which expired in May 2007 processed by my previous employer. As I am applying for the same VISA class , but though a differnt employer, should the answer be 'YES'?

    2. Since my daughter will be appearing for the H4 VISA interview for the FIRST TIME, Is she also eligible to come along with me if I choose "YES" to the question "Are you applying for same visa class that expired in the last 12 months?".

    Thanks in advance.




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  • desi3933
    03-15 02:57 PM
    Thanks.
    So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
    (The pdf does not state what action USCIS will take)

    Incorrect, again!

    Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).

    There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.


    _______________________
    Not a legal advice.
    US citizen of Indian origin



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  • TheCanadian
    02-08 03:44 PM
    Congrats!




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  • praveen888
    04-09 09:45 PM
    Ken,

    I am on same boat. Mine and my wife case also transfered from Texas to Orlando,FL.My PD is EB2 sep06 and we filed 485 July2nd'07.140 approved in March07.

    We never worked in FL state.

    My case is tranfered on 8th April'08 and a LUD today(9th April 08).



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  • smisachu
    12-19 10:26 AM
    Do we have to carry all the Tax filing papers or just W2 is good enough?
    I am planning to go for stamping in Jan. Thanks in advance for the input.


    Rather than taking inputs from forum members on the documents required, I recommend go to Consulate website or vfs website to find the list of documents. Ex: http://chennai.usconsulate.gov/work_visas_h_l.html

    Yes, carry all your AOS related documents. Please note that, you cannot expect passport immediately after stamping. This is due to extra PIMS clearance introduced recently. In my case, my passport with visa stamp reached me only after 10 business days. So please have that extra buffer in your travel schedule.

    After going through the nervousness of waiting for passport I felt it would have been better if I did not go to stamping in first place. Just travelled on AP would have been wise decision.




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  • monkeyman
    02-04 05:33 PM
    First of all, you need to heed to your lawyer's advise. Any charges that demonstrates a lack of good moral character can prevent a re-entry even if you have your green card. Any crime against a person with intent to harm is sufficient charges to reject entry or deny I-485 or revoke the GC. I do know that road rage conviction, DUI, drugs found in person qualify for such denials - I am not sure about domestic violence - hence my recommendation to consult with attorney.

    Most of the people who are denied entry on AP are people who were out of status (people whose visa expired and they overstayed, H-1 visa holders who ran out of the period and cannot justify the delay between the H-1 expiry date and EAD issued date).

    If you were out of status, attorneys advise you to not leave the country.



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  • gjoe
    01-30 06:19 PM
    Either the account of Jaime has been hacked or there is some problem with the forum showing the number of your post count incorrectly.

    Hey guys, can anyone help? I�ve been disconnected from the site for a while due to personal reasons. Does anyone know approximately the following?

    1- Approximate PERM processing times (from filing time) for EB2
    2- Approximate I-485 and I-140 processing times from filing date for EB2
    3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2
    4- Are I-140 and I-485 still being filed concurrently?

    I know there are trackers, but I find them all confusing!

    Sorry for the many questions. This would help me a lot! Thanks in advice for any input guys!

    (or send me a private message if easier, thanks!)




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  • sidd_k2002
    02-11 01:45 PM
    Kederex,
    Were you working on H1 when you sponsored your parents for graduation? Because i am working on my OPT and that fears me most when i think of sponsoring my parents, since OPT is nothing but simply a part of F1 visa



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  • purgan
    12-18 06:40 PM
    Immigrantion Restrictionist/Racists have been calling Congresional offices and pounding the privelege of their One vote each, so they can be spared of foreign competition even though US competitiveness goes down the drain. I guess each one to himself. Here are some of the more interesting conversations...

    ==


    Senator Kyl:
    Q. What is Senator Kyl's position to be on Cornyn's "dark of the night"
    attempt to ramrod an H-1B increase?
    A. Are you calling on behalf of any organization?
    A. Yes, the org's name is Sandra. I only have one vote and no campaign
    donations.
    "Very low likelihood of this passing, and in the future Senator Kyl will
    take into careful consideration such meansures."
    A. You haven't answered my question. Kyl has been a consistent supporter
    of H-1Bs
    A. Senator hasn't made a decision and is still considering.
    Q. How did the Senator vote on the H1-C two days ago?
    A. I'm not finding a record.
    Q. It was HR1285--on December 5.
    A. Oh, that was a unanimous voice vote.
    Q. So does that mean Senator Kyl voted for it?
    A. I can check, just a moment........it was a unanimous voice vote
    ================================================== ========
    Senator McCain:
    Q What is McCain's position on Cornyn's "dark of the night" attempt to
    ramrod an H-1B increase?
    A. He hasn't yet taken a position.
    ================================================== ========
    Senator Grassley (Casey Mills)
    Asked for Casey but aide couldn't find him
    Q. Does Grassley support H1-B increases?
    A He doesn't know.
    I gave him a rundown as if I were Debbie--nursing shortage is artificially
    created. Grassley probably voted for H1-C, etc.
    I retrained for a job after 20 years to go into nursing, and now find wages
    are kept low by foreign nurses.
    A. He'll pass concerns along.
    ================================================== ==============
    Senator Dorgan
    Express thanks to Senator Dorgan for opposing H1-Bs.
    ================================================== =================

    Sandra

    ++++++++++++++++++++++++++++++++++++++++++++++++++ +

    I called Cornyn's office just now - male staffer got really annoyed when I
    asked him if Senator Coryn supports displacing well-educated American
    workers with Foreign H-1B Visa holders. He immediately passed me off to a
    voice mail box of a staffer who handles immigration matters. (Yes, I know
    H-1B's are so-called "non-immigrant Visas" but we all know most of these
    people end up staying here -)

    Of course the staffer did not pick up his phone - but the staffer's name is
    Landon Bell. Why not ring up Senator Corn-Hole's office and ask for Landon
    Bell, and ring Landon's bell a bit?

    Gerard

    ++++++++++++++++++++++++++++++++++++++++++++++++++ +

    I called Cornyn's office just now - stated my opposition of course. The
    person I spoke with said that Cornyn was trying to get his bill introduced
    today, and he was not sure if it would be voted on today.

    Hopefully Cornyn fails. I think he is getting our message, but I also
    think he does not care.

    Roy

    ++++++++++++++++++++++++++++++++++++++++++++++++++ +

    Maybe you all have different information that I just obtained from both
    Senator Pete Domenici's office (Republican) and Senator Jeff Bingaman's
    office (Democrat) -- both of New Mexico. But both of their offices claim
    that Skil Bill "Access to High Skilled Foreign Workers" S 2691 has NOT left
    committee yet and thus cannot be voted on yet. (It is certainly possible
    that you all have different or better information than was conveyed to me
    but this is what I obtained.)

    Domenici's office staff person couldn't tell me which side of the fence he
    was on as he hasn't "made a press release" yet. And, as long as it is in
    committee he apparently doesn't voice an opinion.

    Senator Bingaman's office staff also told me that he had not expressed an
    opinion to him on his position on the bill. The young, female staff woman
    who answered the DC phone seemed STUNNED when she pulled up the bill and
    started to read parts of it. She thought they'd have to take some kind of
    special test to get into the USA for these jobs -- no. I only wish she
    were casting a vote as I know how she'd vote! Again, she told me that
    the bill was not out of committee YET and the Senators are going home
    tomorrow afternoon. They are doing "yesterday morning's" work tonight or
    some such backward thinking. There has been no floor debate on the bill so
    the staff claimed would mean there will NOT be a vote on the bill tonight.
    No one would guarantee me that NO voting would take place tomorrow but did
    say it was UNlikely.

    Finally, when I got to the staff woman in DC she was a bit surprised
    because someone had called her on the bill from one of the Senator's New
    Mexico offices. (A bit strange unless it was my calling the Senator's 800
    number which connected me some place in New Mexico and they called the DC
    office for information regarding my inquiry.)

    (BE careful when you call, however, one Bingaman's staff males that I
    spoke with tried to give me the WRONG Senate Bill number reference. He
    asked "This is Senate Bill 2626?" I said "The one I am calling on is
    "Senate Bill 2691 "Access to High Skilled Foreign Workers" so unless the
    bill has been reassigned a number that I don't know about -- I am calling
    on the Skil Bill "Access to High Skilled Foreign Workers.")

    Oh, yeah! the woman from Bingaman's office said "Oh, THAT's a
    Republican sponsored bill!"

    Cynthia

    ++++++++++++++++++++++++++++++++++++++++++++++++++ +

    I, too, phoned Cornyn's office and the person I spoke with kept insisting
    that the H-1B's had to be paid the same as Americans and then he said the
    senator wants to make America more competitive by bringing in skilled
    workers. I directed him to Norm's article in the San Francisco paper and to
    the Programmers Guild. I asked him how it would make our nation more
    competetive to bring in a worldwide supply of cheaper labor to take our
    jobs. Silence.

    LC Evans
    http://lcevans.com
    Jobless Recovery
    A satirical novel about American job losses




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  • Pankaj
    10-02 09:02 AM
    My Employer had not paid me for 5 weeks. Yesterday, I filed the complain to DOLI, VA. Lets see how it would go. I would recomend, if you have waited so long to get your salary dont get affraid to file the complain. It might be slow but definate success.

    Other experince people can provide more information on this matter.




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  • bobbydalal
    09-22 03:46 PM
    Guys forget what we think on the HR5882. iF WE ALL GET TOGETHER AND PRAY ANYTHING IS POSSIBLE. So lets stop being negative in our approcah and just say yes it will and keep calling and praying yaar.




    humsuplou
    03-09 12:28 PM
    I know that with H1-B, one is not supposed to run his/her own business. But how about with EAD?




    redcard
    01-19 01:08 PM
    Here is my understanding:

    Situation 1-

    1. Get New Visa Stamped:

    If you get a new visa stamped, you will be entering on the new visa. The consular will cancel your old visa at the time of issue of new visa. My understanding is that you can have only one valid visa of the same type stamped at one time. The visa stamp does not have an effective date and it only has expiry date. Again this could have changed with all the changes in the last year or so,, but in the past they would cancel the old visa generally with the wordings �CWOP� across the old stamp at the time of new visa issue. If that�s the case you will enter on your new visa which will have the extended expiry date.

    Situation 2

    2. No New Visa Stamped and entering on the old visa

    I am not sure how this works; because the new H1-B extension you just got has the same I-94 Number printed on the approval card (on the bottom left side) as the paper I-94 you have stapled on your Passport. Once you leave you will surrender your I-94 that�s on your passport and get a new I-94 when you enter which would have a new I-94 number which will now be different from your I-94 on the H1 B extension. I believe this I-94 will take precedence over the I-94 that you have on your H1-B approval since that will now show in the USCIS records as surrendered. Again this is my understanding but an attorney can give you a better advise on this..


    Hope this helps..



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