четверг, 9 июня 2011 г.

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  • Becks
    03-16 10:16 AM
    This is very good post. I have been waiting for this news where we enter when not working for GC sponsoring employer.

    Thanks for sharing.




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  • 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?




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  • nemadeni
    08-28 03:18 PM
    we recently received 1 year EAD. I called USCIS regarding incorrect Validity period. They told me the send the I765 form again along with original EAD for fixing it.

    Anybody doing this?




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  • acruix
    07-13 04:05 PM
    http://www.immigrantslist.org/page/petition/Chertoff



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  • SunnySurya
    08-04 09:35 AM
    I came to know of a case where this gentelman who has PD of Nov 2002 EB2 has his case pending at Nebraska for a really long time. His Name check and other formalities were cleared and no body was sure the reason for the hold up. He had numerous infopass appointments as well as written to various lawmakers etc... After getting tired of doing all that he decided to take 15 days off from work. And do you know where did he go:
    He went to Lincoln, Nebraska.
    The story goes that every day he would stand in front of the office and he was turned back but he continued to sit in the lobby requesting to see the director. Finally his persitence paid off. On 15th day he was granted half an hour with the Director and he presented his case. In few hours he saw his 485 status changed to approved.

    So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.




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  • dixie
    10-01 01:16 PM
    It is not as simple as that. PERM started only last year - march 2005 to be precise. Now imagine someone from India who has a pending LC app using the old system in EB3 in December 2004 - his application would most likely still be languishing in PBEC or DBEC. Optimisitically, assume he gets his labor approved in September 2007 (when DOL has promised to clear the backlogs) - Even assuming he gets his I-140 overnight, an end-of-2004 PD will certainly not be anywhere near current by the rate at which EB3 India dates are progressing, So that means another 4 - 6 years or so just to FILE 485. All this assuming his LC is approved - if LC gets turned down after waiting 3 years, he has to start over with a new 2007 PD !!
    This is exactly the situation that one of my colleagues finds himself in.





    But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.

    BUt thanks for your clarification. I used to think PERM has solved problems for all.



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  • chanduv23
    06-18 02:24 PM
    I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.

    Any suggestions from the gurus?

    I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?

    For people who filed motion for an appeal, could you please post your feedbacks/experiences?


    Appeal or motion is specific to USCIS - not sure how this is done with DOL. Try asking in lawyer section




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  • ivgclive
    10-29 01:53 PM
    Because,

    You have been threatened
    You have been fired
    You have been unemployed...
    ...You want to try something against them. But what are we trying to prove?

    Take it to court only if you think you want to sue them and get money. As other said, it is an expensive process on your side too.

    If you just want to prove it is a "wrongful termination", you don't have to. In US eveyone knows what is "fired" means in this economy.

    If you just want to be reinstated in the same position, it is difficult to continue the job in a private company, if they are not willing to employ you.

    In few days, the urge will go away.

    You will realise that your new job is much better than the one you left. Just enjoy.

    You can lodge a complaint with DOL, USCIS, sue your employer, prove 'wrongful termination' etc. But unncessary load to carry.

    Good luck with your new job.

    Hi Guys,
    I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?

    Good news is another company has already applied for my H1 transfer.

    I will appreciate all suggestions and advices for which I thank you in advance.



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  • Libra
    07-15 04:10 PM
    Its very simple, they are anti-immigrant channels, dont you know lou dobbs, o'rielly anti-immigrant shows have more ratings, so there is no way they want their viewer change their mind on immigration system. they are surviving on anti-immigrant programs.

    All we can do is exposing their lies, and make atleast few of them know most trusted new channels are not so trustable.

    I have the same question. If somebody knows please let us know




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  • ramidiskr
    01-09 04:19 PM
    I am in similar situation,
    But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?

    I would mail the AP once it is approved and can she come back with AP?

    I would be maintaining my H-1 status all the way through......

    Please advise!!!



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  • smisachu
    09-28 10:25 PM
    I got my FP done today. I received the FP notice around 12th Sep. My receipt date is 4th Sep. Case is in Tx.

    Appointment time was 2PM. We reached 15mins early. The time does not matter. Long line to check and accept the form. Then we were issued numbers and asked to wait for the numbers. For the amount of people waiting for FP, they did a good and fast job. Mostly young kids and they were fast.

    Did FP and took Picture of self and wife and we were done. It took a little over 1 hour. I carried my passport but showd Drivers licence and that was all that was needed. Hope this helps.




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  • txuser
    03-10 01:31 PM
    You can apply for L2 with COS online using form I-539. I'm not sure about applying for L2 without COS though. You can probably apply for L2 with COS now, and if your H1B goes through fine, withdraw the L2 petition.

    Make sure that you attach copies of your prior employer's H1B Approval Notice, recent paystubs, new employer's H1B receipt notice, paystubs, your I94 along with the other documents to substantiate that you are currently in status and in the country. This is required for the USCIS to grant COS and I-94 with your L2 approval notice.

    Also, in the above case, you don't have to go out of country - you will get a new I-94 along with your L2 approval notice.

    Please note that this is just my opinion based on my recent transition from H1B to L2. Please get the advice of an Immigration Attorney (probably your new employer's attorney?) before taking any decision.



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  • mihird
    11-15 10:48 PM
    It will be YOUR I-140, not your spouse's...your spouse doesn't even have to disclose your I-140 story while going through F1 stamping...

    The trouble only starts when you file 485..now if your spouse is on a F1...the immigrant/non-immigrant conflict of intent could pose a problem...




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  • wandmaker
    10-28 12:11 PM
    - 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.

    USCIS used to accept 3=4, 60 page template evaluations - it is no longer the case. Second, your is SL, it always throws a doubt in legitimacy of job offer. Given the current sitiation, 2nd RFE is mainly on education because USCIS is not convinced with your 1st response. Your chances of success is slim (if you can prove the 3 +1 is in the same line of study) to none - Restart your GC. You are now paying the price for choosing the SL route.




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  • dreamgc_real
    06-18 09:52 AM
    how does the eb3 to eb2 interfiling work?



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  • MetteBB
    05-11 01:48 PM
    Here's the new pear...

    only little adjustments




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  • bestia
    10-31 03:03 AM
    ... but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.


    stylepoet, I don't see where is a problem for E2/EB5 situation for countries with treaties. The problem is for countries who don't have treaties with the US, and their people don't have a chance for E2. But on this I understand the position of US government. Look. You are allowed to do you business here, on E2. If you do a serious business then your business should worth at least $1m. If it is, then you will qualify for EB5. Also, you don't need to sell your business nowhere. $1m can be a loan (even from a friend or relative), anything. As long as it's a real investment, and as long as it's a legitimate business. I think it's fair.

    Also, I've read that CIS scrutinizes EB5 in great detail, since it's an easy path for all kinda bad people with money. But they approve if they are convinced that everything is legitimate.




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  • jingi1234
    10-08 05:52 PM
    can2004:
    What is your current status? did u get your GC? and when did u respond to RFE? 5 months ago?:confused::eek::rolleyes:




    jsb
    07-17 04:22 PM
    How do you get Infopass appointment, and what purpose does it serve? I mean, is it really useful for a routine check on your status. Sorry, if I asked this in a wrong thread.




    nolud
    02-11 03:33 PM
    I received a letter from uscis/DHS on Jan 28.
    It was in response to my request about my wifes I-485 being in namecheck for a long time.

    The response stated:
    "The review of our records indicate that the investigation into your background has been completed. The processing of your case has been delayed because the requirement review is still in process."

    Does this mean that the namecheck has been completed?
    What is "requirement review"?
    Did anyone else get this type of letter?

    Wifes Case dates:
    PD - Jul 2003
    Interview Date - Jan 4 2006
    Type - Family based ( on marriage )
    Info Pass - Sep 2007
    Last FP - Oct 2007
    LUD - 10/2007 ( probably because of FP )

    Current Status:
    On October 7, 2003, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Note: If this is the wrong forum/area, please advise where is this question best suited for...
    Thanks to ALL



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