paskal
12-26 05:04 PM
please feel free to join in
those from other states asking this question: you are very welcome
Dial-In #: 1-218-486-1300
Bridge: 405416
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those from other states asking this question: you are very welcome
Dial-In #: 1-218-486-1300
Bridge: 405416
9pm cst
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new2gc
06-25 11:18 AM
Colbert, Immigrant Farm Workers Challenge Pundits And Unemployed To 'Take Our Jobs' (http://www.huffingtonpost.com/2010/06/24/colbert-immigrant-farm-wo_n_624875.html?ir=Politics)
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. http://www.takeourjobs.org
Good one..........may be they should host a reality show on TV as well to challenge/show what they do for living and what these politicians are blaming them for....
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. http://www.takeourjobs.org
Good one..........may be they should host a reality show on TV as well to challenge/show what they do for living and what these politicians are blaming them for....
swamy
01-02 12:57 PM
I am from ATL
eduction evaluation done by a prof from GA sate university
and my transcripts.
Spend some money and get your credentials evaluated by a professional organization - you should be able to locate one online. Some prof giving his opinion wont cut it with USCIS.
eduction evaluation done by a prof from GA sate university
and my transcripts.
Spend some money and get your credentials evaluated by a professional organization - you should be able to locate one online. Some prof giving his opinion wont cut it with USCIS.
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keerthi
04-03 11:01 AM
I work as a software engineer in India and the US branch of my company has filed a L1-B petition by September 2008. The petition got denied by Nov 18, 2008 stating that I don't possess "specialized knowledge". Knowing that I am the only person who possesses knowledge of one of the company's product, we filed an appeal to re-consider by Dec 18, 2008.
The USCIS moved the case to AAO by Feb 9, 2009. After which there is no status change. The status of the case as reported by the USCIS web site is:
Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
Two months have passed by and I don't know how much more time it is going to take. Can someone please tell me how long this process is going to take?
Should we just withdraw this appeal and re-file again? In the meantime can I opt a B1 and work there a few months until the L1-B is approved?
The USCIS moved the case to AAO by Feb 9, 2009. After which there is no status change. The status of the case as reported by the USCIS web site is:
Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
Two months have passed by and I don't know how much more time it is going to take. Can someone please tell me how long this process is going to take?
Should we just withdraw this appeal and re-file again? In the meantime can I opt a B1 and work there a few months until the L1-B is approved?
more...
kondur_007
09-17 09:38 PM
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
http://immigrationvoice.org/forum/sh...ad.php?t=20403
Hope this helps.
Good Luck.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
http://immigrationvoice.org/forum/sh...ad.php?t=20403
Hope this helps.
Good Luck.
guesswho
06-11 03:09 PM
Sunny1000,
Please be careful before replying. If you do not know, don't answer.
I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
Please be careful before replying. If you do not know, don't answer.
I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
more...
RanchCharm
07-17 07:14 PM
Hi All,
I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.
My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?
I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?
Please advise.
Thanks,
Nachi
I applied for my 485 on June 30th 2007, It reached USCIS on July 2nd. On July 2nd morning USCIS announced that all applications will be rejected because there are no VISA numbers. Considering that I went to Mexico on July 12th and got my H1 stamped. Today USCIS has announced that it will accept applications through 8/17/2007.
My question is: In my 485 app. I entered my old I-94# and VISA #. Since I went to Mexico and got my H1 stamped and entered US my I-94 and VISA #'s have changed. Will this be an issue?
I heard that USCIS will verify my status using the I-94 on the 485 form before issuing a 485 reciept. In which case my old I-94 would show that I have left the country & USCIS can abondon my application!! Is this true? Has this happend to any of you?
Please advise.
Thanks,
Nachi
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DDLMODES
10-13 05:30 PM
I filed on 8th August and havent yet received my notices in mail.. I contacted my lawyer today and he sent copies of my receipts and then he also found out that they had received my FP notice .. I am supposed to go on 27th Oct to Newark USCIS... Anyone coming on same day ..
My application is being processed at Texas..
Not many people who have filed with me has recieved any notices as of yet..
So dont worry guys we all should be fine..
Thanks everybody for the info.
laborchic, could you please let us know when you will receive the FP notice yourself ?
I don't have any lawyer so if USPS loses it, I have no way of knowing.
Also, when you have dependents (wife for ex) they make the appointments in the same day or is completely random ?? Anybody knows anything about that ?
P.S.: Called USCIS 1 month after the receipts (last week) and they told me to wait another week.
My application is being processed at Texas..
Not many people who have filed with me has recieved any notices as of yet..
So dont worry guys we all should be fine..
Thanks everybody for the info.
laborchic, could you please let us know when you will receive the FP notice yourself ?
I don't have any lawyer so if USPS loses it, I have no way of knowing.
Also, when you have dependents (wife for ex) they make the appointments in the same day or is completely random ?? Anybody knows anything about that ?
P.S.: Called USCIS 1 month after the receipts (last week) and they told me to wait another week.
more...
nandakumar
09-07 01:50 PM
I emailed my details.
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rocky74
07-20 12:35 AM
Only those whose labor got approved prior to July can apply for 140/485. August Bulletin says "U" for all categories
It is hard to predict when the numbers will be available again in the future. They may open up for EB1 and for other countires except India, China, Phillipphines and Mexico.
You mean labor approved in July or Labor filed in July and approved before August 17. I understand that Priority date of July means that you must have filed the LCP in July.
It is hard to predict when the numbers will be available again in the future. They may open up for EB1 and for other countires except India, China, Phillipphines and Mexico.
You mean labor approved in July or Labor filed in July and approved before August 17. I understand that Priority date of July means that you must have filed the LCP in July.
more...
dealsnet
07-23 01:55 PM
AP expiry doesn't mean out of status. If paroled into US and the I-485 is in process means no problem.
But if you are on EAD and not renewed EAD means, you can't work till you have received a new EAD.
AP need only going abroad. IT IS BETTER TO HAVE IN HAND, FOR USING AN EMERGENCY TRAVEL.
But if you are on EAD and not renewed EAD means, you can't work till you have received a new EAD.
AP need only going abroad. IT IS BETTER TO HAVE IN HAND, FOR USING AN EMERGENCY TRAVEL.
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LondonTown
03-30 08:36 AM
Have you ever participated any of the IV's campaign on various issues. Have you ever volunteered your time or donated money.
If no, you deserve this and rot in hell. There is no solution and you people are running to IV only when disastor strikes. But its too late.
If you cannot get the original contract nothing can be done...
poorslumdog: Please try to be polite.
If no, you deserve this and rot in hell. There is no solution and you people are running to IV only when disastor strikes. But its too late.
If you cannot get the original contract nothing can be done...
poorslumdog: Please try to be polite.
more...
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eastindia
04-22 09:28 AM
So basically you are saying you cannot sue the people responsible for greencard problem.
I think the only option left is to either sue God or sue yourself for your bad luck.
I think the only option left is to either sue God or sue yourself for your bad luck.
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dazed378
03-28 02:47 PM
Thanks, snathan.
Is not it strange that IRS processed the tax refund before completing the ITIN processing? They could not confirm the current status of my wife's ITIN processing, as they could not pull out any details about the W-7 based on the information provided by me. They only guessed that it might be still undergoing processing. I wonder if they misplaced the W-7 form or something like that :-(.
Is not it strange that IRS processed the tax refund before completing the ITIN processing? They could not confirm the current status of my wife's ITIN processing, as they could not pull out any details about the W-7 based on the information provided by me. They only guessed that it might be still undergoing processing. I wonder if they misplaced the W-7 form or something like that :-(.
more...
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cygent
11-12 06:33 PM
Is that even if I-140 is not approved (pending), after I-485 is pending for 180 days, one can change jobs using the EAD?
http://www.visalaw.com/05may4/2may405.html
Read about the AC21 analysis - You can change with either H1 or EAD. You can also do so before 180 days, but not without some risk (case by case basis).
http://www.visalaw.com/05may4/2may405.html
Read about the AC21 analysis - You can change with either H1 or EAD. You can also do so before 180 days, but not without some risk (case by case basis).
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legal_la
07-17 06:24 PM
PLEASE HELP PLEASE
I am going to India on 19th July as my mothe ris very sick... what should i need to do? i am coming back on 4th august
Nothing is more important than visiting her dont even worry about this, and regarding your filing you are still fine you will be able to file after you come back. Just keep all documents ready best you can before you leave and even after you come back you will have 13 days to send the application.
I am going to India on 19th July as my mothe ris very sick... what should i need to do? i am coming back on 4th august
Nothing is more important than visiting her dont even worry about this, and regarding your filing you are still fine you will be able to file after you come back. Just keep all documents ready best you can before you leave and even after you come back you will have 13 days to send the application.
more...
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ravi98
06-18 10:00 AM
Well, I understand that. But, when the stars line up finally, I don't want to see my application having problems because I used a pre-approved labor.
it would be encouraging to hear from folks who got their GC and used pre-approved labor. Years and years of wait should yield something, and just not plain disappointment.
Not sure if there is anything you can do about it currently. Your lawyer may be your best bet to know obstacles may come your way - if they do.
it would be encouraging to hear from folks who got their GC and used pre-approved labor. Years and years of wait should yield something, and just not plain disappointment.
Not sure if there is anything you can do about it currently. Your lawyer may be your best bet to know obstacles may come your way - if they do.
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felix31
04-18 11:26 AM
vicks don,
did you file with vermont before April 1st?
my husband's I-140 case was initially sent to Nebraska (after april 1st batch) and it got transferred to Texas and we got Texas service center receipt notice.
I guess you would send RFE to the center that issued the RFE. Wait for it to arrive....Also, you already have receipt notice, right? Look for the first three letters your receipt number starts with. If it is EAC, that your case is with vermont. If it is SRC, than your case is with Texas..
hope this helps..
Oh, and one extra detail, the online message from Texas says it takes 400+ days to process these applications. I am absolutely horrified by it..
The web site says they are processing Jan 06 cases, but somehow that does not look real..
did you file with vermont before April 1st?
my husband's I-140 case was initially sent to Nebraska (after april 1st batch) and it got transferred to Texas and we got Texas service center receipt notice.
I guess you would send RFE to the center that issued the RFE. Wait for it to arrive....Also, you already have receipt notice, right? Look for the first three letters your receipt number starts with. If it is EAC, that your case is with vermont. If it is SRC, than your case is with Texas..
hope this helps..
Oh, and one extra detail, the online message from Texas says it takes 400+ days to process these applications. I am absolutely horrified by it..
The web site says they are processing Jan 06 cases, but somehow that does not look real..
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Nil
11-10 02:54 PM
^^^^
rsdang1
06-24 03:47 PM
I understand where you are coming from but more awareness and publicity will only help and hopefully drive action...
Go Mayor Go... get us CIR...:D
Go Mayor Go... get us CIR...:D
lkapildev
11-26 10:44 PM
I got my AP status online as Document Mailed to Applicant:
What does it mean?
Has any one got the AP after Document mailed to application status?
What does it mean?
Has any one got the AP after Document mailed to application status?
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