kaisersose
07-02 03:26 PM
Guys,
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
You cannot sue them for any of the above.
1) Most people do not understand the processing date concept. If the date says July 2007, then it is a guideline saying most of the cases before that date have already been processed. It does not mean that they will *not* process cases later than that date.
2) FIFO? If they had not dropped Eb3 cases and focussed on EB2 140s, then a lot of approvable 485s would not have been approved this year, resulting in unused visa numbers. So they made that choice. It is a temporary situation due to the huge backlog of 2007.
3) See (2)
I want to sue them for 3 things -
1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
2) Approving 2008 cases before 2007, ie., no FIFO
3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.
You cannot sue them for any of the above.
1) Most people do not understand the processing date concept. If the date says July 2007, then it is a guideline saying most of the cases before that date have already been processed. It does not mean that they will *not* process cases later than that date.
2) FIFO? If they had not dropped Eb3 cases and focussed on EB2 140s, then a lot of approvable 485s would not have been approved this year, resulting in unused visa numbers. So they made that choice. It is a temporary situation due to the huge backlog of 2007.
3) See (2)
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Jerry2009
05-11 01:47 PM
Hi desimass77. How do you convince the school that you are qualified?
My wife has a similar situation. We tried to convince school that we are qualified under "parolee" category. However, my wife's I-94 expires (she entered US using AP last June). Her school uses this reason to reject again. Now, we decide to re-enter US again to get a fresh I-94.
Her school officials say that they are going to query USCIS database once my wife gets a new I94 stamp. It is something called G-845 form.
Just curious, did you school query USCIS database on your case? Or your school just think yo are qualified?
I think the "parolee" category is really ambiguous, since it requires student to enter US with parole for at least one year. On the other hand, it wants I-94 unexpired. AP can hardly fit into this category, as if we entered US, the valid length is usually less than 1 year, unless we re-enter US on the exact same date when the AP was issued.
Please, if anybody successfully convinced school on FAFSA, please share your experience here!
My wife has a similar situation. We tried to convince school that we are qualified under "parolee" category. However, my wife's I-94 expires (she entered US using AP last June). Her school uses this reason to reject again. Now, we decide to re-enter US again to get a fresh I-94.
Her school officials say that they are going to query USCIS database once my wife gets a new I94 stamp. It is something called G-845 form.
Just curious, did you school query USCIS database on your case? Or your school just think yo are qualified?
I think the "parolee" category is really ambiguous, since it requires student to enter US with parole for at least one year. On the other hand, it wants I-94 unexpired. AP can hardly fit into this category, as if we entered US, the valid length is usually less than 1 year, unless we re-enter US on the exact same date when the AP was issued.
Please, if anybody successfully convinced school on FAFSA, please share your experience here!
bhagat69
02-27 09:27 AM
Hi, I am actually in the same boat as you. Though I have an April 2006 PD for EB3 and am now on EAD as well.
Question1: Is it better to try and port my EB3 to EB2 with a different employer. Isn't GC for future employment ? If so, can't I negotiate with another employer and file new labour under EB2 and try and port my priority date from EB3 ? Also, if I do this will my current employer find out ?
Questions2: What is the process for porting EB3 to EB2 without current employer finding out ? What documents are required ? My current employer is not going to give me a copy of my I-140 or my Labour Cert. All I have is the receipt notice of my I-485 filing and my AP/EAD documents.
Questions3: Is it possible that since there are so many India EB2 applicants and fewer India EB3 applicants that it is better to stick with EB3 April 2006 PD ? Dosen't a seperate quota get allocated to EB3 than that which gets allocated to EB2 each year or will EB3 always be behind EB2? Please advise.
I will really appreciate someone who has experience with these issues to advise me on them.
NOTE: Can someone please tell me how I can create my own new thread on immigration voice.
Question1: Is it better to try and port my EB3 to EB2 with a different employer. Isn't GC for future employment ? If so, can't I negotiate with another employer and file new labour under EB2 and try and port my priority date from EB3 ? Also, if I do this will my current employer find out ?
Questions2: What is the process for porting EB3 to EB2 without current employer finding out ? What documents are required ? My current employer is not going to give me a copy of my I-140 or my Labour Cert. All I have is the receipt notice of my I-485 filing and my AP/EAD documents.
Questions3: Is it possible that since there are so many India EB2 applicants and fewer India EB3 applicants that it is better to stick with EB3 April 2006 PD ? Dosen't a seperate quota get allocated to EB3 than that which gets allocated to EB2 each year or will EB3 always be behind EB2? Please advise.
I will really appreciate someone who has experience with these issues to advise me on them.
NOTE: Can someone please tell me how I can create my own new thread on immigration voice.
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mariner5555
05-15 11:32 PM
wow ..so I guess there is hope :)
more...
sunny1000
03-26 03:13 PM
I agree with PCS. We should keep this as a volunteer organisation and send email newsletter,word of the mouth etc, for fundraising. I am not sure if we should impose a membership fee as this is a volunteer org and also people who want to donate money would do it anyways. Just my thought:D
carbon
05-31 01:27 AM
How can we reach the rest of ~496,000 skilled immigrants who are waiting for their green cards? where are they??
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h1techSlave
01-05 05:37 PM
Yeah, I agree with you there that the actual number of successful porting may be miniscule. Plus it takes a lot of time to complete all the steps to successfully get the coveted EB2 status. And even when an EB3 person gets the EB2 status, USCIS/DOS may not release the EB3 visa originally allocated to him or they may release it after a year or so.
End result, they can just copy paste data for EB3 India. One less thing to do for the data entry operators.
i woudl think the actual number porting is miniscule...
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
End result, they can just copy paste data for EB3 India. One less thing to do for the data entry operators.
i woudl think the actual number porting is miniscule...
but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
Even an annual release would be very helpful...:confused:
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blondhenge
05-22 11:54 AM
Are you EB-3 or Eb-2?
I have interview for AOS employment based on June 20th, 2006. The letter simply says get passport and I94. However i am planning to take all documents with me.
Here are my case details:
- Labor was filed in 2001 Nov in MI
- 140 approved in Oct 2003
- 485 filed in Jan 2004
- changed employer in 2004 Nov on EAD
- RFE for employment letter in Mar 2004
- Case transfered to local office (Newark), May 2005
- 3 EAD renewals, 3 AP renewals
- 25 % more salary than old job. Title in old job was programmer/analyst.
- New job when joined was Systems Analyst.
- For RFE response, supplied a good letter with same job description.
- The current JOb is NJ with a well known insurance company.
- Recently i got promoted to Information systems Consultant
Now my Qs are
- What can i expect during the interview?
- Anyone with similar experience, can you share ur experience?
- Change in titles, more salary, labor being from a different state etc are
making me very nervous
- Are there chances that i get rejected/approved same day? if rejected, will be disastrous as i am not H1 anymore?
I have interview for AOS employment based on June 20th, 2006. The letter simply says get passport and I94. However i am planning to take all documents with me.
Here are my case details:
- Labor was filed in 2001 Nov in MI
- 140 approved in Oct 2003
- 485 filed in Jan 2004
- changed employer in 2004 Nov on EAD
- RFE for employment letter in Mar 2004
- Case transfered to local office (Newark), May 2005
- 3 EAD renewals, 3 AP renewals
- 25 % more salary than old job. Title in old job was programmer/analyst.
- New job when joined was Systems Analyst.
- For RFE response, supplied a good letter with same job description.
- The current JOb is NJ with a well known insurance company.
- Recently i got promoted to Information systems Consultant
Now my Qs are
- What can i expect during the interview?
- Anyone with similar experience, can you share ur experience?
- Change in titles, more salary, labor being from a different state etc are
making me very nervous
- Are there chances that i get rejected/approved same day? if rejected, will be disastrous as i am not H1 anymore?
more...
roseball
11-29 12:55 PM
Saurav,
I also noticed the same. On 11/25, there was a new LUD on my case. But again on 11/27 I had new LUD and this time I received a email from USCIS that my card has been ordered. But my wife's status is as it is, her LUD is still 11/25.
Hope this helps.
Nothing to worry.....Thats what happened to one of my friends too...Primary applicant's status changed to card production ordered and no change on spouse's application...But a couple of days later both applications changed to welcome letter sent...So hang in there for a bit and congratulations...
I also noticed the same. On 11/25, there was a new LUD on my case. But again on 11/27 I had new LUD and this time I received a email from USCIS that my card has been ordered. But my wife's status is as it is, her LUD is still 11/25.
Hope this helps.
Nothing to worry.....Thats what happened to one of my friends too...Primary applicant's status changed to card production ordered and no change on spouse's application...But a couple of days later both applications changed to welcome letter sent...So hang in there for a bit and congratulations...
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psychman
11-11 07:00 PM
This is almost identical to the Modifying a Databound Collection case: http://www.kirupa.com/blend_wpf/modifying_databound_collection_pg1.htm
Thanks again Kirupa. I went back over the above post and it helped me answere some of the questions I had, but I do have one more if you don't mind. I have this little project almost wrapped up now. When complete the app will do the following:
-Imports Metadata.xml file generated by Deep Zoom Composer
-On import it will populate the databound image and text boxes with the original data
-On import it will also add four new "tag" elements to the original xml file
-The user will be able to navigate all of the original images and coresponding tags (your MIX08 presentation helped me create the navigation piece ((thanks!))
-The user can add new "tag" data to any of the old and new fields and the new data will overwrite the original xml file when the "save" button is clicked.
I have everything working great. Now I just need to figure out how to take my new "tag" elements and add them into all of the nodes on import. I know how to do this to one node, but I am not sure how to add the new elements to every "Image" node in the file. Here is the code I am using to make this work for the first node:
XmlDocument doc = new XmlDocument();
doc.Load (variable pointing to xml file);
XmlDocumentFragment docFrag = doc.CreateDocumentFragment();
docFrag.InnerXml = "<testItem> test </testItem>";
doc.DocumentElement.FirstChild.NextSibling.AppendC hild(docFrag);
doc.Save("Metadata.xml");
Thanks again Kirupa. I went back over the above post and it helped me answere some of the questions I had, but I do have one more if you don't mind. I have this little project almost wrapped up now. When complete the app will do the following:
-Imports Metadata.xml file generated by Deep Zoom Composer
-On import it will populate the databound image and text boxes with the original data
-On import it will also add four new "tag" elements to the original xml file
-The user will be able to navigate all of the original images and coresponding tags (your MIX08 presentation helped me create the navigation piece ((thanks!))
-The user can add new "tag" data to any of the old and new fields and the new data will overwrite the original xml file when the "save" button is clicked.
I have everything working great. Now I just need to figure out how to take my new "tag" elements and add them into all of the nodes on import. I know how to do this to one node, but I am not sure how to add the new elements to every "Image" node in the file. Here is the code I am using to make this work for the first node:
XmlDocument doc = new XmlDocument();
doc.Load (variable pointing to xml file);
XmlDocumentFragment docFrag = doc.CreateDocumentFragment();
docFrag.InnerXml = "<testItem> test </testItem>";
doc.DocumentElement.FirstChild.NextSibling.AppendC hild(docFrag);
doc.Save("Metadata.xml");
more...
optimist578
04-10 12:03 PM
It is a new EAD and not an extension of your old EAD. You can go online and e-file and there is no need for a lawyer. As you have all your GC details including your Alien #, it is very straight forward.
Are you sure we can e-file ? How will we provide supporting documents like, copy of pending I-485, old EAD approval etc ? Is it safe to assume that USCIS will find out all those information by just Alien # ?
As far as I remember on the EAD filing instructions, they mention that employment based EADs are not eligible for e-filing. Or are they referring to H1Bs etc ?
Also, what if we don't get the new EAD before the current one expires ? Has anybody asked their lawyers ?
Are you sure we can e-file ? How will we provide supporting documents like, copy of pending I-485, old EAD approval etc ? Is it safe to assume that USCIS will find out all those information by just Alien # ?
As far as I remember on the EAD filing instructions, they mention that employment based EADs are not eligible for e-filing. Or are they referring to H1Bs etc ?
Also, what if we don't get the new EAD before the current one expires ? Has anybody asked their lawyers ?
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mallu
02-07 01:25 AM
Hi,
I am on H1B visa. My parents due to a medical condition cannot take care of themselves. They need someone to be present with them 24 hrs a day. Can I get them on H4 visa as dependent? I would like to keep them for 2-3 years in US and take care of them. Please let me know my options.
Thanks in advance.
CG
Parents are not considered dependents . So i am not sure they can come on H4 visa. I can understand the situation ( being the only son of my parents with deteriorating health ). Once in a while i think of getting rid of this stay in USA and heading back home and caring for the ones who raised me to adult hood.
There may be more avenues , let more knowledgeable people in this forum comment.
I am on H1B visa. My parents due to a medical condition cannot take care of themselves. They need someone to be present with them 24 hrs a day. Can I get them on H4 visa as dependent? I would like to keep them for 2-3 years in US and take care of them. Please let me know my options.
Thanks in advance.
CG
Parents are not considered dependents . So i am not sure they can come on H4 visa. I can understand the situation ( being the only son of my parents with deteriorating health ). Once in a while i think of getting rid of this stay in USA and heading back home and caring for the ones who raised me to adult hood.
There may be more avenues , let more knowledgeable people in this forum comment.
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ruwanb
10-16 11:09 AM
Dude....think....How much is the GC worth to you. Things can change in an instant and might take ages to get the I-140 processed. Who knows? no one. Is there a guarantee that you will get it in 4 months? But something is for sure.....
PP gives you below,
1. assurance of you will get a result in 2 weeks. (approved or not....so you can take next steps)
2. give you relaxation. :)
3. You will get your GC in the end much faster.
Is that $1000 worth?
PP gives you below,
1. assurance of you will get a result in 2 weeks. (approved or not....so you can take next steps)
2. give you relaxation. :)
3. You will get your GC in the end much faster.
Is that $1000 worth?
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ramana_akp
12-17 06:33 PM
PD FEB 2003 EB3
Service Center: NSC
Application-type: I-140 Approved in May 2007
Application1-485 Sent: June 27, 2007
USCIS Receipt Date: July 3, 2007
GOT FP,EAD's and AP's in Sep 2007
USCIS Notice Date: NOV 28, 2007 We mailed you a decision
USCIS Notice Date: Dec11 Mail returned undelivarable.
Service Center: NSC
Application-type: I-140 Approved in May 2007
Application1-485 Sent: June 27, 2007
USCIS Receipt Date: July 3, 2007
GOT FP,EAD's and AP's in Sep 2007
USCIS Notice Date: NOV 28, 2007 We mailed you a decision
USCIS Notice Date: Dec11 Mail returned undelivarable.
more...
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baburob2
06-04 02:00 PM
Hi,
My H1b visa stamp is of Company A with expiry date Dec 1, 2007.
I work for company B. I have gone back to India and came back with company B�s 1797 and company A�s visa stamp last year (October) without any issues. So we can come back on our previous H1 B visa stamp if we have a valid 797 with us at the port of entry.
My question is below.
Company B�s 797 is going to expire in Oct 24 2007 and I have to travel India during this time and will be entering USA again on November 11th 2007. I am soon going to apply for new 797 with 3 year extension with the same company (i.e B). Assuming I get the extension with 797 till Oct24 2010. Can I still enter USA(on Nov 11,2007) with the old H1B stamp pf company A (expiring on Dec 1,2007) and new 797 of company B(expiring on Oct 2010)
I am also going to talk to my lawyer regarding this. Just in case if someone has anything to share with me, I will appreciate it.
Thanks
To my knowledge you could do it. However make sure you travel out after the approval of your new H1B. But you might not be given I-94 till the end of 2010, they sometimes give it only for extra 2 years ie till 2009. HOwever plz check with your attorney.
My H1b visa stamp is of Company A with expiry date Dec 1, 2007.
I work for company B. I have gone back to India and came back with company B�s 1797 and company A�s visa stamp last year (October) without any issues. So we can come back on our previous H1 B visa stamp if we have a valid 797 with us at the port of entry.
My question is below.
Company B�s 797 is going to expire in Oct 24 2007 and I have to travel India during this time and will be entering USA again on November 11th 2007. I am soon going to apply for new 797 with 3 year extension with the same company (i.e B). Assuming I get the extension with 797 till Oct24 2010. Can I still enter USA(on Nov 11,2007) with the old H1B stamp pf company A (expiring on Dec 1,2007) and new 797 of company B(expiring on Oct 2010)
I am also going to talk to my lawyer regarding this. Just in case if someone has anything to share with me, I will appreciate it.
Thanks
To my knowledge you could do it. However make sure you travel out after the approval of your new H1B. But you might not be given I-94 till the end of 2010, they sometimes give it only for extra 2 years ie till 2009. HOwever plz check with your attorney.
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gondalguru
06-19 11:45 PM
Please help me as I am in big confusion.
I am J1 physician working in Underserved area. Completed 3 years of waiver requirement 9/2006.
I worked with company A from 5/2004 to 3/2007. Got EB-2 PERM based I-140 apporved with PD: 9/2004 with company A
Also applied for NIW based I-140 (self petiton) approved with PD of 9/2004. I-485 pending on this I-140 with RD of 11/2004. I need to complete 5 yrs in underserved area to get GC using this method.
Changed job in 3/2007 to company B hoping to apply for PERM and GC again. But with this new CIR looming with changes in EB catagory I am moving back to company A.
Now my prior employer company A is offering me job again. They have kept my apporved I-140 intact. It is going to take 4-6 weeks to join them back and be on their payroll.
What should I do?
Can I file new I-485 based on approved I-140 with company A even though I am not working with them now (as future employment)? This will be my 2nd I-485 as the first one is pending for NIW application.
Should I try to interfile first I-485 with PERM based I-140? One lawyer told me that if I interfile I-485 with PERM baed I-140 then there is a risk of denial of the I-485 as it was filed duing my three years of waiver service. Second lawyer told me that interfiling can be done with out problem (especially if I 485 is at TSC) but only after joining company A.
As you can see how complicated the case is and how different lawyers give differnt opinions.... I am very confused. Please advise gurus.
I am J1 physician working in Underserved area. Completed 3 years of waiver requirement 9/2006.
I worked with company A from 5/2004 to 3/2007. Got EB-2 PERM based I-140 apporved with PD: 9/2004 with company A
Also applied for NIW based I-140 (self petiton) approved with PD of 9/2004. I-485 pending on this I-140 with RD of 11/2004. I need to complete 5 yrs in underserved area to get GC using this method.
Changed job in 3/2007 to company B hoping to apply for PERM and GC again. But with this new CIR looming with changes in EB catagory I am moving back to company A.
Now my prior employer company A is offering me job again. They have kept my apporved I-140 intact. It is going to take 4-6 weeks to join them back and be on their payroll.
What should I do?
Can I file new I-485 based on approved I-140 with company A even though I am not working with them now (as future employment)? This will be my 2nd I-485 as the first one is pending for NIW application.
Should I try to interfile first I-485 with PERM based I-140? One lawyer told me that if I interfile I-485 with PERM baed I-140 then there is a risk of denial of the I-485 as it was filed duing my three years of waiver service. Second lawyer told me that interfiling can be done with out problem (especially if I 485 is at TSC) but only after joining company A.
As you can see how complicated the case is and how different lawyers give differnt opinions.... I am very confused. Please advise gurus.
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snathan
02-15 09:48 AM
First of all you are not supposed to involve in any of the PERM process. Its plain illegal. It seems you are taking the wrong route for your porting.
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smaram1
08-11 10:44 PM
It would be great if any one's I485 got approved while their Name Check is Pending?
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yetanotherguyinline
04-07 06:10 PM
Hi Friends.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
Congrats.
Did you have to take a pay cut or did you get a hike? How are salaries for new employees in this market? You can PM me if you dont want to answer on this forum. Just curious...
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
Congrats.
Did you have to take a pay cut or did you get a hike? How are salaries for new employees in this market? You can PM me if you dont want to answer on this forum. Just curious...
immiindi09
01-12 01:55 PM
Gurus,
Here is what I found on USCIS website for renewal I765
*****
If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.
*****
I filled my EAD with I485 on August 2007. I got my EAD on 10/21/2007 which
is expired and want to renew it.
Do I need to pay the filing fee? Here it says any one filed I765 before July 30th 2007, they need to pay the renewal fee but nothing is mentioned for those who filed afterJuly 30th 2007?
Does any one has any idea?
Here is what I found on USCIS website for renewal I765
*****
If you are filing for an extension of your Employment Authorization and your Form I-485, Application for Permanent Residence, was filed before July 30, 2007, then you must pay the $340 filing fee.
*****
I filled my EAD with I485 on August 2007. I got my EAD on 10/21/2007 which
is expired and want to renew it.
Do I need to pay the filing fee? Here it says any one filed I765 before July 30th 2007, they need to pay the renewal fee but nothing is mentioned for those who filed afterJuly 30th 2007?
Does any one has any idea?
veritas1
10-16 10:36 PM
I'm surprised a new I-140 needed to be filed in the first place. I didn't think a new company needed to refile if its a successor in interest...
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