thomachan72
06-04 11:38 AM
Senate is planning to vote on THIS friday and I don't see any urgency or any heat(debate) on this topic. today they will strat debating at 2:30????
No, they said may be this Friday / next week.
No, they said may be this Friday / next week.
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Templarian
08-26 12:00 PM
Yea, I was making a calvin( and hobbes, hobbes is to hard to make) during my lunch then my works video card shot (luckily i have 4 monitors so 2 still work or I would be screwed). Would be nice if when a video card blew it didn't shut down the entire thing :(
I'll make it when I get off of work.
I'll make it when I get off of work.
hdblue
04-18 03:10 AM
diptam - Thanks for the reply. The letters I had sent earlier is very similar to the template of the letter you posted. I am going to get new letters and send them over. Hopefully, it will get me out of this crazy 140 delay.
getrdone - By the labor application, I assume you are talking about the approved labor certificate that lists the experience and skills? If so, yes I do have a copy of it and will be including this language in the letters.
By the way, is it required to send 2 letters from each employer?
Hi,
Thank very much for posting. I have got some my experience lettter. I want share to this thread. I'll share soon again.
If you want to do more info, you also visit at: Experience letter (http://experienceletter.info)
Take care.
getrdone - By the labor application, I assume you are talking about the approved labor certificate that lists the experience and skills? If so, yes I do have a copy of it and will be including this language in the letters.
By the way, is it required to send 2 letters from each employer?
Hi,
Thank very much for posting. I have got some my experience lettter. I want share to this thread. I'll share soon again.
If you want to do more info, you also visit at: Experience letter (http://experienceletter.info)
Take care.
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calboy78
02-05 04:44 PM
A few years ago this was the rule:
10 yrs visitor visa - can NOT stay > 180 days
5 yr visitor visa (same price as 10 yrs visitor visa) - can stay > 180 days but you have to register with appropriate agency in India. I got 5 yr visa for my son, he stayed there for 7 months. we had registered him in nearest police station.
So, in my opinion PIO is better - its like 15 yr visa.
hope this helps.
Me and my were indian nationals with EAD etc. Our Kid was born here. We are planning to go to India and planning to apply for Visa for our kid.
I would like to know 10year indian visa is best of PIO card is best. I read some where that if any one has PIO card, and if they are staying more than 180days, we have to report to Foriegners Report cell in india.
Do we need to report the same if kid has india visa for 10years?
I am not sure how far this is true? Can anyone guide on this.
~Sree
10 yrs visitor visa - can NOT stay > 180 days
5 yr visitor visa (same price as 10 yrs visitor visa) - can stay > 180 days but you have to register with appropriate agency in India. I got 5 yr visa for my son, he stayed there for 7 months. we had registered him in nearest police station.
So, in my opinion PIO is better - its like 15 yr visa.
hope this helps.
Me and my were indian nationals with EAD etc. Our Kid was born here. We are planning to go to India and planning to apply for Visa for our kid.
I would like to know 10year indian visa is best of PIO card is best. I read some where that if any one has PIO card, and if they are staying more than 180days, we have to report to Foriegners Report cell in india.
Do we need to report the same if kid has india visa for 10years?
I am not sure how far this is true? Can anyone guide on this.
~Sree
more...
deafTunes123
11-13 03:01 PM
I am curious. What is WOM?
To my knowledge there is no way to expedite the AOS process.
Gurus?
To my knowledge there is no way to expedite the AOS process.
Gurus?
ggc
08-16 05:43 PM
Thank you all!. In my case only issue I can see is, when my wife travelled from India to US, at the port of entry customs check, they found some meat products. And they charged fine of $300 and we paid it. They also took copy of her passport and gave a letter (name is: Department of homeland security. U.S customs and border protection. Notice of alleged violation)
It was my wife's mistake actually, she did not declared meat products in customs form.
In the interview, if IO asks my wife about any violations or criminal records, does she has to give info on that port of entry incident? Will there be any negetive effects on this?
It was my wife's mistake actually, she did not declared meat products in customs form.
In the interview, if IO asks my wife about any violations or criminal records, does she has to give info on that port of entry incident? Will there be any negetive effects on this?
more...
dingudi
05-08 08:42 AM
I had all my records for vaccinations. But a friend of mine completed 3 vaccinations last july 2007. The civil surgeon put the dates for these on the form. For others the civil surgeon did the same thing , that he checked the "not appropriate age" but did not write anything like "child record not found" under the dates.He just left it blank. Also he checked the "eligible for waiver" in the field below. I am sure lot of cases are similar to yours.
I met with the Civil Surgeon who completed my I-693, today. It seems like USCIS did some mistake. He checked the sealed envelope and didn't understand why USCIS generated a RFE for this. We completed all our required vaccination back in June-July 07 when we did our medicals .
We did the 3 vaccination that are required , Td, MMR and Varicella. The Dr put the dates for these vaccination in the I 693 supplement form. For all other vaccine he put the 'child record not found' under the dates and checked under the column 'Not appropiate age'. I also checked that all other vaccine are not required since we crossed that age. USCIS has problem with the 'Child record not found' written under the dates. The Dr said that he has been filling this form in this manner for last 15 yrs and never had any problem with USCIS. This is the first time he is getting this kind of RFE. He said he will talk to the USCIS.
Its very difficult to get the records for those vaccination. Does anyone has any idea about how other Doctors handle this ?
With this situation I wanted to know what are the options we have ? Dr said that it might take one week to get the reply from them. Since there is time boundation to send the reply I m little worried what we can do about this.
Please suggest how we can handle the Medical RFE ?
I met with the Civil Surgeon who completed my I-693, today. It seems like USCIS did some mistake. He checked the sealed envelope and didn't understand why USCIS generated a RFE for this. We completed all our required vaccination back in June-July 07 when we did our medicals .
We did the 3 vaccination that are required , Td, MMR and Varicella. The Dr put the dates for these vaccination in the I 693 supplement form. For all other vaccine he put the 'child record not found' under the dates and checked under the column 'Not appropiate age'. I also checked that all other vaccine are not required since we crossed that age. USCIS has problem with the 'Child record not found' written under the dates. The Dr said that he has been filling this form in this manner for last 15 yrs and never had any problem with USCIS. This is the first time he is getting this kind of RFE. He said he will talk to the USCIS.
Its very difficult to get the records for those vaccination. Does anyone has any idea about how other Doctors handle this ?
With this situation I wanted to know what are the options we have ? Dr said that it might take one week to get the reply from them. Since there is time boundation to send the reply I m little worried what we can do about this.
Please suggest how we can handle the Medical RFE ?
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snathan
06-10 09:18 AM
I am very thankful for such a generous response in such a short span of time.
I have everything back with me except I-94 and VISA ( which can be had in india).
I owe this forum a lot.....:) and i will have to repay it ...
I am happy to know that your 'thefted' issue is solved . Is there any way you can help IV. There is a fund drive going on to solve some immigrant issue. If possible please contribute.
I have everything back with me except I-94 and VISA ( which can be had in india).
I owe this forum a lot.....:) and i will have to repay it ...
I am happy to know that your 'thefted' issue is solved . Is there any way you can help IV. There is a fund drive going on to solve some immigrant issue. If possible please contribute.
more...
tampacoolie
06-30 05:30 PM
:eek: right on the money. You hit the selfish lawyers head with nail here. There is no way that USCIS can reject your case. job well done.
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pd_recapturing
09-04 10:41 AM
There is a confusion in following statement:
"Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested"
I read in some other forums that you do not need to wait for your PD to be current to interfile. Is that true ? My attorney is also saying that we can interfile as soon as we receive the RN. My PD is May 2004.
"Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested"
I read in some other forums that you do not need to wait for your PD to be current to interfile. Is that true ? My attorney is also saying that we can interfile as soon as we receive the RN. My PD is May 2004.
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punjabi
10-09 04:20 PM
I would suggest you to consult an attorney! If you talk to a different IO, he might listen to you. People in USCIS are confused from this confusion of July 2 event.
An attorney might help. Or if this is only a money-issue, I would simply go ahead and "donate" USCIS with higher fee. At least the application will be accepted.
Good Luck.
An attorney might help. Or if this is only a money-issue, I would simply go ahead and "donate" USCIS with higher fee. At least the application will be accepted.
Good Luck.
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the_jaguar
03-25 10:46 PM
Thanks for the wishes, folks. I wish you all the very best too. Here are some answers:
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
Actually, my first I-140 was approved after I left the company. For some strange reason, Company A didn't withdraw the application immediately, but waited until it got approved - they were probably hoping that I would go back to them, which I might still do. We parted on good terms.
Yes, I did transfer my H-1B and I was within my initial 6 year period.
Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.
Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
In my case, I know that company A filed to withdraw my I-140 for sure. This will be hard to believe, but it's true: both company A and company B use the same law firm, so my lawyer knew that company A had withdrawn my I-140. Yes, the approval is at USCIS's discretion, but this is a grey area - Yates memo says that the priority date can be retained as long as the application has not been revoked by USCIS due to fraud, but the law seems to be a bit ambiguous (I am not a lawyer though). This ends up making each of these cases unique. I am just happy that I didn't have to go through a lengthy MTR process...
You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?
Actually, my first I-140 was approved after I left the company. For some strange reason, Company A didn't withdraw the application immediately, but waited until it got approved - they were probably hoping that I would go back to them, which I might still do. We parted on good terms.
Yes, I did transfer my H-1B and I was within my initial 6 year period.
Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.
Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.
In my case, I know that company A filed to withdraw my I-140 for sure. This will be hard to believe, but it's true: both company A and company B use the same law firm, so my lawyer knew that company A had withdrawn my I-140. Yes, the approval is at USCIS's discretion, but this is a grey area - Yates memo says that the priority date can be retained as long as the application has not been revoked by USCIS due to fraud, but the law seems to be a bit ambiguous (I am not a lawyer though). This ends up making each of these cases unique. I am just happy that I didn't have to go through a lengthy MTR process...
more...
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BEC_fog
04-23 10:55 AM
Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
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vadicherla
11-05 09:11 AM
I just voted
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manderson
08-15 09:26 AM
"IV was very active in lobbying for CIR 2006, which was passed in senate. "
True but most people don't know the difference between passing it in senate and signing it into law - they will think it simply passed (this has been my experience when talking to GC/485 newbies). Please say something like "which was passed in the senate (upper house of parliament), short of passing into law".
True but most people don't know the difference between passing it in senate and signing it into law - they will think it simply passed (this has been my experience when talking to GC/485 newbies). Please say something like "which was passed in the senate (upper house of parliament), short of passing into law".
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nit_sea
01-04 09:50 AM
I am under same situation . My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied .
Can she apply again for COS to F1 after coming back in US on H4 ?
Can she apply again for COS to F1 after coming back in US on H4 ?
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vpadman
02-09 02:07 PM
Are there any members from Huntsville, Alabama ?
It would nice for a few us to meet here and discuss various immigration issues.
It would nice for a few us to meet here and discuss various immigration issues.
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bluekayal
04-01 01:57 AM
Mitra Kalita is part of SAJA- South Asian Journalists Association.
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Tantra
08-03 11:18 PM
This just confirms the pathetic state of concern and sincerity USCIS associates to people awaiting these updates. Guess nobody bothered to even review this report before making it public. Oh, it was reviewed but in the same manner our applications are adjudicated. Go figure!
virald
01-31 09:30 PM
Has anyone analyzed who would be an ideal president from our point of view? Does IV think any candidate is more pro-legal immigrant than the other?
Lollerskater
04-23 11:46 AM
I have a filing date of July 2nd 2007. My RD? A fantastic Oct 21 2007. That's 3 and a half months, more than a quarter year away.
I filed at NSC, my case ended up in TSC.
Nothing much makes sense, nowadays. :confused:
I filed at NSC, my case ended up in TSC.
Nothing much makes sense, nowadays. :confused:
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