vinnysuru
04-01 10:16 AM
Yes I was called for an in person interview and after the interview was told that the case is approvable. All the checks have been done and I just need a visa # to get the GC. I do not know how and why I was called for interview but I was the amonst the day 1 filer in July 2007. My application had reached on Jul 2 2007.
Here is the answer! Your filing date was July2, 07. If you filed with NSC, in Feb they had moved their processing dates to July 18th. So your case was assigned to officer for review and he called for interview!.
Then he made a decision: Case approvable pending visa availability!
Hope that helps!
Here is the answer! Your filing date was July2, 07. If you filed with NSC, in Feb they had moved their processing dates to July 18th. So your case was assigned to officer for review and he called for interview!.
Then he made a decision: Case approvable pending visa availability!
Hope that helps!
dealsnet
04-15 05:18 PM
You are correct. He have no option. Find a job, go back and tell them to do process the H1B, and do consular interview and stamping and come clean. You may have difficulty in approving the petition, or the process may take several months.
What you did a big mistake to ditch a company and go to a sucker. You are not supposed to start with the new company till you get the RECEIPT NOTICE after file for H1B. THAT IS A MISTAKE AND YOU ARE DID ILLEGAL ACTIVITY/JOB FROM THAT POINT OF TIME.
You have no choice but leave US immediately, go for CP, declare your overstay in the DS156 form, come clean to the VO and hope they forgive it.
Good Luck!
What you did a big mistake to ditch a company and go to a sucker. You are not supposed to start with the new company till you get the RECEIPT NOTICE after file for H1B. THAT IS A MISTAKE AND YOU ARE DID ILLEGAL ACTIVITY/JOB FROM THAT POINT OF TIME.
You have no choice but leave US immediately, go for CP, declare your overstay in the DS156 form, come clean to the VO and hope they forgive it.
Good Luck!
needhelp!
02-15 04:39 PM
May you have plenty of supporters coming your way.
I am happy to report that one brave Dallas member called up and we both will be collecting letters at the DFW Temple on Sunday.
I am happy to report that one brave Dallas member called up and we both will be collecting letters at the DFW Temple on Sunday.
Hermione
09-27 10:07 AM
The article says: "After all, if the legal process was more efficient and less daunting, perhaps the illegal immigration problems wouldn't be quite so bad."
I say, it is not perhaps, it is a given. When there is a legal remedy for any issue (not just immigration), then 9 out of 10 people would not go the illegal way.
This is very much correct. And it is also the reason to position fixing immigration system as a remedy for both legal and illegal immigration. If you propose a help for legal immigrants, lawmakers are not going to listen to you as much as if you proposed something that fixes both legal immigration and encourages less illegal immigration in the future. It is that simple.
I say, it is not perhaps, it is a given. When there is a legal remedy for any issue (not just immigration), then 9 out of 10 people would not go the illegal way.
This is very much correct. And it is also the reason to position fixing immigration system as a remedy for both legal and illegal immigration. If you propose a help for legal immigrants, lawmakers are not going to listen to you as much as if you proposed something that fixes both legal immigration and encourages less illegal immigration in the future. It is that simple.
more...
prem_goel
12-02 11:25 PM
Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.
pappu
08-22 04:57 PM
Pappu - Thanks for your reply. I completed my profile. I thot it was already complete. But filled out reamining fields.
I will call these people in Buffalo to find out if I can motivate them for rally..
Thank you
Thanks. Im glad I was able to help one more person come to the rally. If anyone has any issues they should contact the chapter leads or core team. We needed everyone in DC. Only exceptions are for who are unwell, pregnant or anti-immigrants on this forum. If you are neither of these three then see you in DC.
I will call these people in Buffalo to find out if I can motivate them for rally..
Thank you
Thanks. Im glad I was able to help one more person come to the rally. If anyone has any issues they should contact the chapter leads or core team. We needed everyone in DC. Only exceptions are for who are unwell, pregnant or anti-immigrants on this forum. If you are neither of these three then see you in DC.
more...
ArunAntonio
02-20 07:13 PM
I used the data from this webite to apply for FOIA for I-140
Can you please provide more info on the process of how get a copy of the I140 if the employer is unwilling to provide a copy.
Can you please provide more info on the process of how get a copy of the I140 if the employer is unwilling to provide a copy.
sandy_anand
11-06 04:38 PM
I did not want to start a new thread for this. But I had earlier last month contacted many senators with the official I-485 pending inventory as proof and asking them whether it was humane, ethical and moral to ask someone wait more than 15 years for a green card! And what they are doing to remedy the situation.
This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.
In Response to Your Message
From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
Sent: Fri 11/06/09 1:00 PM
To:
1 attachment
0A953776.gif (2.8 KB)
Dear Mr. Mundada:
Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.
Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.
This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.
Sincerely,
FRL: mts
Thanks for posting this information! Gave you green!:D
This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.
In Response to Your Message
From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
Sent: Fri 11/06/09 1:00 PM
To:
1 attachment
0A953776.gif (2.8 KB)
Dear Mr. Mundada:
Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.
Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.
A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.
This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.
Sincerely,
FRL: mts
Thanks for posting this information! Gave you green!:D
more...
glus
03-19 09:25 AM
i am switching job using ac21. my current employer trusts immigration attorneys. and as expected attorneys suggested (since they get paid) that company should withdraws both H1 and I-140 after I leave. I know I am safe, however USCIS will definitly send me an RFE at time of processing my application and I will have to answer that. So I am trying to put my side to them saying that if it is optional, they should not.
So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.
Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.
On flip side, if it is mandated, then why most of the employers do not withdraw the application ?
NO, period.
So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.
Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.
On flip side, if it is mandated, then why most of the employers do not withdraw the application ?
NO, period.
panday
11-21 09:44 AM
HI everybody,
I hope we get some response form this. One can only hope. Ihave done my part and lets hope others follow on our example.
I hope we get some response form this. One can only hope. Ihave done my part and lets hope others follow on our example.
more...
Anders �stberg
September 27th, 2004, 11:41 AM
I did hear, however, from a reliable source, that Canon will be upgrading the next 1D Mark II to have an in-camera phone.
What a nightmare... just when you're about to take that photo of the bride-groom putting the ring on the bride's finger your camera rings with a loud polyponic hip-hop melody ... :)
What a nightmare... just when you're about to take that photo of the bride-groom putting the ring on the bride's finger your camera rings with a loud polyponic hip-hop melody ... :)
hoolahoous
03-18 11:20 PM
if H1b withdrawal is mandated then why do most of the employer's do not do it ?
shouldn't it put them in a legal situation ?
here is what I found on one of the murthy's posts
According to Department of Labor (DOL) regulations, an employer must continue to pay the H1B worker until there is a �bona fide� termination of the employment relationship. It is not clear exactly what constitutes a �bona fide termination,� but one viewpoint is that termination occurs on the day the employer notifies the H1B employee that the position has been terminated and all obligations for payment of wages terminate on the date of employment termination. The other viewpoint is that a termination only occurs when the H1B employer notifies the INS of the termination, the H1B petition is cancelled and the employer complies with the return airfare obligation for the employee. Please note that INS does not expressly spell out the options and therefore this is an unclear area of immigration law. As it can take several months for the INS to act on a revocation request, employers generally do not continue to pay wages until INS takes action. The employer usually notifies the employee of the termination date and discontinues any salary or other payments at that time. Thereafter, they notify INS.
shouldn't it put them in a legal situation ?
here is what I found on one of the murthy's posts
According to Department of Labor (DOL) regulations, an employer must continue to pay the H1B worker until there is a �bona fide� termination of the employment relationship. It is not clear exactly what constitutes a �bona fide termination,� but one viewpoint is that termination occurs on the day the employer notifies the H1B employee that the position has been terminated and all obligations for payment of wages terminate on the date of employment termination. The other viewpoint is that a termination only occurs when the H1B employer notifies the INS of the termination, the H1B petition is cancelled and the employer complies with the return airfare obligation for the employee. Please note that INS does not expressly spell out the options and therefore this is an unclear area of immigration law. As it can take several months for the INS to act on a revocation request, employers generally do not continue to pay wages until INS takes action. The employer usually notifies the employee of the termination date and discontinues any salary or other payments at that time. Thereafter, they notify INS.
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suresh.emails
01-23 11:34 AM
Well,
The following is the process to schedule parents visiting visa interview online (assuming both Mother and Father are above 45 years old)
1. Pay HDFC Visa fee for $131. If you have paid visa fee on or before December 31, 2007, then take a Demand Draft for $31 (eqv in INR) and present the same during the interview process.
2. Wait for 2 days to activate the bar code.
3. Fill the D-156 and D-157 forms online thru VFS website and wait for dates to show up. Remember such filled application will be valid for 7 days and meanwhile , if interview dates show up, then one can schedule interview.
4. The BEST TIME FOR interview dates check up is early morning 5 AM EST thru 7:30 AM EST. ( I did little research during my parents interview schedule).
5. Filling the D-156 and D-157 online does not mean that, they will be automatically submitted to US consulate. You have to take print out D-156 back to back and D-157 on single page. Then you sign and date the form (if you have filled it on behalf of your parents). Send the forms to parents. They also need to sign the forms.
6. Remember, one have to write applicant names in their NATIVE language (ex: Telugu/Tamil/Kannada etc..,) on 3'rd column of D-157 form.
7. Send notarized affidavit for support I-134 form.
8. All supporting documents
9. If your current H1-B visa is expired. then send your Receipt Notice/H1-B extension approved notice as a proof of your Current STATUS at USA.
10. If you have valid H1-B visa stamping, then send the same along with H1-B I-797 approval notice.
11. If you are on EAD/GC, send your copied of EAD/GC.
12. In case, if you are sponsoring your in-laws. Then send your suppose Date of Birth certificate, passport copies, marriage certificate along with your documents.
13. Educate your parents with all possible questions/answers they may face during the interview.
14. Advice your parents not to lie during the interview process. ask them to answer frankly.
Let me know if you need more information for visiting visa. I can/may answer all possible questions.
P.S: My parents got their visiting visa stamped during the second attempt.
The following is the process to schedule parents visiting visa interview online (assuming both Mother and Father are above 45 years old)
1. Pay HDFC Visa fee for $131. If you have paid visa fee on or before December 31, 2007, then take a Demand Draft for $31 (eqv in INR) and present the same during the interview process.
2. Wait for 2 days to activate the bar code.
3. Fill the D-156 and D-157 forms online thru VFS website and wait for dates to show up. Remember such filled application will be valid for 7 days and meanwhile , if interview dates show up, then one can schedule interview.
4. The BEST TIME FOR interview dates check up is early morning 5 AM EST thru 7:30 AM EST. ( I did little research during my parents interview schedule).
5. Filling the D-156 and D-157 online does not mean that, they will be automatically submitted to US consulate. You have to take print out D-156 back to back and D-157 on single page. Then you sign and date the form (if you have filled it on behalf of your parents). Send the forms to parents. They also need to sign the forms.
6. Remember, one have to write applicant names in their NATIVE language (ex: Telugu/Tamil/Kannada etc..,) on 3'rd column of D-157 form.
7. Send notarized affidavit for support I-134 form.
8. All supporting documents
9. If your current H1-B visa is expired. then send your Receipt Notice/H1-B extension approved notice as a proof of your Current STATUS at USA.
10. If you have valid H1-B visa stamping, then send the same along with H1-B I-797 approval notice.
11. If you are on EAD/GC, send your copied of EAD/GC.
12. In case, if you are sponsoring your in-laws. Then send your suppose Date of Birth certificate, passport copies, marriage certificate along with your documents.
13. Educate your parents with all possible questions/answers they may face during the interview.
14. Advice your parents not to lie during the interview process. ask them to answer frankly.
Let me know if you need more information for visiting visa. I can/may answer all possible questions.
P.S: My parents got their visiting visa stamped during the second attempt.
enggr
10-02 09:47 AM
Dear Friends/attorneys,
Is it possible to request an EB2 to EB3 conversion after a I-140 RFE? I kindly request you all to help me.
I finished my 4-year engineering course in year 2000 and started working with the company which I got recruited. My degree has year 2002 due to the last supplementary exam. My attorney put the graduation as year 2000 and counted 5 years of experience from there (Because my degree has 2 dates on it). INS is counting only 3.5 y ears of experience after degree completion.
I think the only way I can survive this RFE is to request for an approval under EB3 category. The unlucky part is I didn't get that as an option in the RFE itself (which many people got).
The paper ad as well as labor certification is not specific about "progressive experience" or experience after degree completion. The ad just says Bachelors degree with 5 years of experience.
Please advice me how to respond to this RFE in a safe manner.
This is what the paper ad says "F/T MS Degree or equivalent in Engineering field OR BS Degree or equivalent with five years ex "
EB2 PERM : Aug 2006.
EB2 I-140 (REG) : Nov 2006.
EB2 I-485/ EAD : July 2007.
EB2 I-140 RFE received : Sep 2007.
RFE
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree."
---------------------------------------
Is it possible to request an EB2 to EB3 conversion after a I-140 RFE? I kindly request you all to help me.
I finished my 4-year engineering course in year 2000 and started working with the company which I got recruited. My degree has year 2002 due to the last supplementary exam. My attorney put the graduation as year 2000 and counted 5 years of experience from there (Because my degree has 2 dates on it). INS is counting only 3.5 y ears of experience after degree completion.
I think the only way I can survive this RFE is to request for an approval under EB3 category. The unlucky part is I didn't get that as an option in the RFE itself (which many people got).
The paper ad as well as labor certification is not specific about "progressive experience" or experience after degree completion. The ad just says Bachelors degree with 5 years of experience.
Please advice me how to respond to this RFE in a safe manner.
This is what the paper ad says "F/T MS Degree or equivalent in Engineering field OR BS Degree or equivalent with five years ex "
EB2 PERM : Aug 2006.
EB2 I-140 (REG) : Nov 2006.
EB2 I-485/ EAD : July 2007.
EB2 I-140 RFE received : Sep 2007.
RFE
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree."
---------------------------------------
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CantLeaveAmerica
04-01 11:05 AM
Here is the answer! Your filing date was July2, 07. If you filed with NSC, in Feb they had moved their processing dates to July 18th. So your case was assigned to officer for review and he called for interview!.
Then he made a decision: Case approvable pending visa availability!
Hope that helps!
Yes, what Vinnysuru said makes sense completely and seems to be the apt explanation for your case. I have a question though if I may ask?
What did the Immigration officer ask you and what were your answers? Any input from you will be appreciated by all of us if someone here gets an interview call too :)
Then he made a decision: Case approvable pending visa availability!
Hope that helps!
Yes, what Vinnysuru said makes sense completely and seems to be the apt explanation for your case. I have a question though if I may ask?
What did the Immigration officer ask you and what were your answers? Any input from you will be appreciated by all of us if someone here gets an interview call too :)
arrarrgee
07-17 02:39 PM
I second that...Why should there be a link between his req and his contribution? If we are able to answer/clarify whatever doubt he has..probably he would see the value in continuing with the group and probably contribute too...else no first timers would ever wanna join us
can you please help me link the connection between my request and my contribution to IV? I fail to undersand your point!
can you please help me link the connection between my request and my contribution to IV? I fail to undersand your point!
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srikondoji
07-17 02:21 PM
Go little bit more SOUTH and you will end up in NORTH and this is called optimism and i love this optimism over pessimism.
Everybody had different sources and those sources have their own sources.
So, sometimes your sources are wrong and relying them we tend to go wrong. Thats all to it.
However, iam of the view that we should believe all the sources both negative and positive and then make your educated guesees.
This is my guess
There will be relief but not to everyone.
USCIS/DOS will announce the news without an apology, but it will not please everybody.
They will accept few applications just to nake their case stronger and remove the teeth of AILF lawsuit.
USCIS/DOS is ready to take head on with AILF but only after making their asses stiff.
USCIS/DOS knows their bad deeds but is not passing all of it to its masters.
Masters are saying why we need to bend over, lets take on these immigrants.
At the end few will be fired and few will resign from USCIS and DOS with fewer I-485 applications accepted from July 2.
Thats all.
Everybody had different sources and those sources have their own sources.
So, sometimes your sources are wrong and relying them we tend to go wrong. Thats all to it.
However, iam of the view that we should believe all the sources both negative and positive and then make your educated guesees.
This is my guess
There will be relief but not to everyone.
USCIS/DOS will announce the news without an apology, but it will not please everybody.
They will accept few applications just to nake their case stronger and remove the teeth of AILF lawsuit.
USCIS/DOS is ready to take head on with AILF but only after making their asses stiff.
USCIS/DOS knows their bad deeds but is not passing all of it to its masters.
Masters are saying why we need to bend over, lets take on these immigrants.
At the end few will be fired and few will resign from USCIS and DOS with fewer I-485 applications accepted from July 2.
Thats all.
yabadaba
07-14 08:35 AM
this probably the best info out there. There is industry pressure, bi partisan support, approval from the senate. just a matter of time.
Beemar
08-30 01:20 AM
Hi frnds,
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
Can you name them? I think I can help.
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
Can you name them? I think I can help.
trucks55
06-04 03:46 PM
I had recent gt my in-laws visa stamped at chennai consulate, i has send my 3 months bank statements from my online statements..
hope this help you ...
hope this help you ...
amsgc
04-04 02:10 PM
Signin,
You need to give more information about what whether your wife was able to file I-485 for your wife. If you are from a retrogressed country, then your wife was probably not able to file to adjust status. In that case, she is can change from H4 to F1. After the approval, her status is not dependent on yours, and you can start using EAD.
I filed my 485 in August and got married later and my wife is on H4 right now. I'm on H1 as of now. I'm not using my EAD right now, so that my wife can maintain her H4 status. I'm planning her F1 processing from H4, so that once she is on F1 officially, I want to use EAD to change employers.
Is there any risk involved here and if so, please let me know
Thanks in Advance
You need to give more information about what whether your wife was able to file I-485 for your wife. If you are from a retrogressed country, then your wife was probably not able to file to adjust status. In that case, she is can change from H4 to F1. After the approval, her status is not dependent on yours, and you can start using EAD.
I filed my 485 in August and got married later and my wife is on H4 right now. I'm on H1 as of now. I'm not using my EAD right now, so that my wife can maintain her H4 status. I'm planning her F1 processing from H4, so that once she is on F1 officially, I want to use EAD to change employers.
Is there any risk involved here and if so, please let me know
Thanks in Advance
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