coolwiz26
07-03 12:59 AM
I will sue them too. They need to be punished for what they have done. pls tell me the procedure and I will do it.
-C
-C
wallpaper numbered coordinate graph
WillIWin?
01-04 09:16 AM
This is possible. The gist of the rule is:
Once a I140 has been approved, the PD belongs to the applicant. The only situation when this will not work is if the Labor OR I-140 have been obtained by fraud. This means that even if the company revokes the I-140, the PD stays with you (the applicant).
You will have to first get an I-140 approved with the older priority date (EB3). Once this is done, apply for the second I-140 (EB2) along with documents proving your earlier PD (EB3 labor+ I-140). If all the documents are in order, then the new EB2 I-140 will be approved with the older PD.
Since you are working for the same company, this will be relatively easy since they have all the paperwork. Getting the company to file two I-140s is another matter :)
Once a I140 has been approved, the PD belongs to the applicant. The only situation when this will not work is if the Labor OR I-140 have been obtained by fraud. This means that even if the company revokes the I-140, the PD stays with you (the applicant).
You will have to first get an I-140 approved with the older priority date (EB3). Once this is done, apply for the second I-140 (EB2) along with documents proving your earlier PD (EB3 labor+ I-140). If all the documents are in order, then the new EB2 I-140 will be approved with the older PD.
Since you are working for the same company, this will be relatively easy since they have all the paperwork. Getting the company to file two I-140s is another matter :)
SureShot
11-02 02:31 PM
you can also put links on an image in dreamweaver with image maps.
it's very easy. Just bring the image (or images if you have cut it up) into dreamweaver. Click on the image and in your Properties Pannel you will notice a bunch of options for drawing. Choose the square or the circle or whatever shape you want to make and just draw ontop of your image. This will be an active Hyperlink and will not ad and colours or outlines to your pic.
Hope that helps.
it's very easy. Just bring the image (or images if you have cut it up) into dreamweaver. Click on the image and in your Properties Pannel you will notice a bunch of options for drawing. Choose the square or the circle or whatever shape you want to make and just draw ontop of your image. This will be an active Hyperlink and will not ad and colours or outlines to your pic.
Hope that helps.
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qplearn
10-01 02:24 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.
So one temporary solution to all of this is the ability to file for I-140 and 485 even when labor is pending.
I have full sympathy for your colleague. That is a nightmarish situation.
This is exactly the situation that one of my colleagues finds himself in.
So one temporary solution to all of this is the ability to file for I-140 and 485 even when labor is pending.
I have full sympathy for your colleague. That is a nightmarish situation.
more...
jkays94
05-17 07:33 PM
My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.
The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Did you appeal your case to the Board of Immigration Appeals ? Have you sought the intervention of congressional offices ? Congressional offices can ask questions and get answers which you otherwise would never get. What status did you file under ? EB category ? etc
Judges in the US do not discriminate on national origin or immigration status. There have been cases where legal and illegal immigrants convicted of crimes have sued the US and won key phases of their cases even when the cases were appealed. Examples of such are Jogi v. Voges and :
In two recent decisions, the Fourth Circuit reversed lower court rulings that had dismissed law suits filed by two Colombian nationals under the Alien Tort Statute. Both lawsuits sought $2 million in damages on the grounds that the arresting authorities had failed to advise them of their right to consular notification and communication.
While this were not immigration cases, the following case might even demonstrate that Judges are there to uphold the law without fear or favor. In this particular case, a court ordered a US consulate to adjudicate a visa application in 60 days when the applicants had been kept waiting for over 4 years. Mind you the individual was outside the US and still sued and won :
Mandamus Granted Against U.S. Embassy in Moscow in 4-Year Wait for Visa (http://www.aila.org/content/default.aspx?docid=16767)
A District Court in California grants mandamus against the U.S. Embassy in Moscow in an immigrant visa case, finding that 4 years is an unreasonable time for an application to be pending and that a U.S. petitioner has standing to bring a mandamus action against an overseas consulate in a visa application case. Courtesy of Kenneth White.
Finally, I am not an attorney, but I strong suggest pursuing the congressional office route, if need be, use both your congressman(woman) and senator's office to get to the bottom of what appears to be an obvious error. You might want to schedule a meeting with them rather than discuss the issue over the phone and provide all copies of correspondence.
The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Did you appeal your case to the Board of Immigration Appeals ? Have you sought the intervention of congressional offices ? Congressional offices can ask questions and get answers which you otherwise would never get. What status did you file under ? EB category ? etc
Judges in the US do not discriminate on national origin or immigration status. There have been cases where legal and illegal immigrants convicted of crimes have sued the US and won key phases of their cases even when the cases were appealed. Examples of such are Jogi v. Voges and :
In two recent decisions, the Fourth Circuit reversed lower court rulings that had dismissed law suits filed by two Colombian nationals under the Alien Tort Statute. Both lawsuits sought $2 million in damages on the grounds that the arresting authorities had failed to advise them of their right to consular notification and communication.
While this were not immigration cases, the following case might even demonstrate that Judges are there to uphold the law without fear or favor. In this particular case, a court ordered a US consulate to adjudicate a visa application in 60 days when the applicants had been kept waiting for over 4 years. Mind you the individual was outside the US and still sued and won :
Mandamus Granted Against U.S. Embassy in Moscow in 4-Year Wait for Visa (http://www.aila.org/content/default.aspx?docid=16767)
A District Court in California grants mandamus against the U.S. Embassy in Moscow in an immigrant visa case, finding that 4 years is an unreasonable time for an application to be pending and that a U.S. petitioner has standing to bring a mandamus action against an overseas consulate in a visa application case. Courtesy of Kenneth White.
Finally, I am not an attorney, but I strong suggest pursuing the congressional office route, if need be, use both your congressman(woman) and senator's office to get to the bottom of what appears to be an obvious error. You might want to schedule a meeting with them rather than discuss the issue over the phone and provide all copies of correspondence.
hopelessGC
08-18 10:19 AM
This is actually a very important matter for you; my best advise would be to contact a good attorney and get the advise. You do not want to put your GC in jeopardy based on opinion from other people who may have incomplete information.
Just my opinion.
Good Luck.
I second that.
Just my opinion.
Good Luck.
I second that.
more...
prolegalimmi
03-27 08:41 PM
Prolegalimmi,
Our team is in contact with NPR. Are you working with sunil on this?
Thanks,
Berkeleybee
No Berkeleybee. I just wrote the comments to the editor, and would like to, and wanted to encourage others to do the same so NPR feels a need to bring this view to the public. There are 300,000 of us affected, if only everyone wrote about this to anyone they could. If I am duplicating efforts, my apologies.
Our team is in contact with NPR. Are you working with sunil on this?
Thanks,
Berkeleybee
No Berkeleybee. I just wrote the comments to the editor, and would like to, and wanted to encourage others to do the same so NPR feels a need to bring this view to the public. There are 300,000 of us affected, if only everyone wrote about this to anyone they could. If I am duplicating efforts, my apologies.
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sripk
05-17 02:24 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
more...
Gigantic697
10-12 01:29 PM
My wife got her H1b in 2007 and she was working for the company for 1 year and then she delivered in Oct 08 and since Oct 2008 she's on maternity leave. She was supposed to join back but because of the downturn her employer asked to extend the maternity leave and its an year almost. During this whole period her employer is ok and he has not removed her job. Is my wife is in status? I read on the web that the maternity leave is mutual as long as the employer and employee exists its ok. But my question is that is there a time limit on that. Also she's not getting paid for the full year when she was on maternity leave. The state remains the same now also. So what are right steps to do.....
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
Change to H4 till the employer asks to join back and then change to H1?
Please suggest
hair hot numbered coordinate graph
reno_john
06-20 05:19 PM
Sam is rite, Leave it blank , USCIS will check the system and fill it. I have seen few cases in this forum where applicant wrote a A# and when they received the receipt it was different, SO leave blank there is no harm.
Even my attorney left it blank even though I have my I-140 approved before filing my I-485
Even my attorney left it blank even though I have my I-140 approved before filing my I-485
more...
hdblue
05-10 11:55 PM
PVGanesh,
Yes, affidavits or letter on employer letterheads from your colleagues about your progressive experience should suffice.For EB2 you need to prove that you have Masters or Bachelors with five years of progressive experience.
Good luck.
Cheers
HI,
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Yes, affidavits or letter on employer letterheads from your colleagues about your progressive experience should suffice.For EB2 you need to prove that you have Masters or Bachelors with five years of progressive experience.
Good luck.
Cheers
HI,
Thank for your information. I have got some my ideals. I believe that it's useful.
If you want to do more info, you also visit at: Duties responsibilities (http://dutiesresponsibilities.info/)
Best rgs and I'll return back.
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rajuram
01-10 02:04 AM
When will USCIS process my 485 case? - this sounds familiar, I have asking this question for the last seven years, are we not all asking this......
more...
house numbered coordinate graph
SK2007
07-11 02:51 PM
Just keep waiting. My PD was current for months now, but my 140 is still pending. just keep waiting.
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imh1b
07-29 02:38 PM
Please READ EB2/EB3 Prediction rather Calculation thread.
Q on his first post has explained it so clearly what might happen.
The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.
Q on his first post has explained it so clearly what might happen.
The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.
more...
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gc_kosam
06-02 04:11 PM
Thanks
What is the basis for the answers? Please provide some reference.
I thought that answer to
Q1: Yes they need to re do I-140
Q2 : Regular timeframe
Guru's can some one give your thoughts to my 2 question (here I am posting my 1st post again for the reference):
My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My queries are
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application
2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.
What is the basis for the answers? Please provide some reference.
I thought that answer to
Q1: Yes they need to re do I-140
Q2 : Regular timeframe
Guru's can some one give your thoughts to my 2 question (here I am posting my 1st post again for the reference):
My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My queries are
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application
2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.
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kcindian
08-03 08:13 PM
Hi,
My EAD expires October 21 2008. I had applied for EAD and AP renewal July 1 and got my LIN numbers by July 7th. The official dates on the USCIS websites are for July 7th. I have not gotten my FP notices yet.
Can anybody tell me based on experience, how long is it taking for NSC to approve renewal cases?
My PD is July 2003 - EB3.
KC Indian
My EAD expires October 21 2008. I had applied for EAD and AP renewal July 1 and got my LIN numbers by July 7th. The official dates on the USCIS websites are for July 7th. I have not gotten my FP notices yet.
Can anybody tell me based on experience, how long is it taking for NSC to approve renewal cases?
My PD is July 2003 - EB3.
KC Indian
more...
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gccovet
04-01 01:25 PM
Please update your profile.
GCCovet
GCCovet
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vin13
10-26 05:48 PM
What you think , doesn't matter.
Cant fly through FRANCE/UK for sure, without a valid US visa stamped.
People had issues even with Lufthansa, but as per law on the German Consulate , a person should be able to transit through Germany. But i would avoid it.
Emirates/Direct AI/Continental should be OK from East Coast.
Alright. I did not realize that this was a case of no valid visa on passport. I cannot attest to that.
Cant fly through FRANCE/UK for sure, without a valid US visa stamped.
People had issues even with Lufthansa, but as per law on the German Consulate , a person should be able to transit through Germany. But i would avoid it.
Emirates/Direct AI/Continental should be OK from East Coast.
Alright. I did not realize that this was a case of no valid visa on passport. I cannot attest to that.
hairstyles numbered coordinate graph
puskeygadha
06-02 09:03 PM
I am a client of fragemonon and what does it mean now
my case was audited on may 21. They were saying there are 10,000
cases they filed and all are audited. What is supervised recruitment
?????
are we doomed?
my case was audited on may 21. They were saying there are 10,000
cases they filed and all are audited. What is supervised recruitment
?????
are we doomed?
Green.Tech
09-16 11:00 PM
Hi All,
I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
How about pursuing a full time MBA with EAD ( 485 PENDING)
I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?
It is possible to get an MBA full time on H-1 only if your company will give you a leave of absence for the duration (same case for EAD). Most of the firms don't have that long of absence permitted as per their policies. Therefore, most of the folks get the degree on F-1 status. F-1 status also works out good because by doing so you do not waste 2 yrs of your H-1 which you can use when you graduate. Alternatively, part time MBA is very much doable on H-1 status.
Hope this helps. Good luck!
I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
How about pursuing a full time MBA with EAD ( 485 PENDING)
I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?
It is possible to get an MBA full time on H-1 only if your company will give you a leave of absence for the duration (same case for EAD). Most of the firms don't have that long of absence permitted as per their policies. Therefore, most of the folks get the degree on F-1 status. F-1 status also works out good because by doing so you do not waste 2 yrs of your H-1 which you can use when you graduate. Alternatively, part time MBA is very much doable on H-1 status.
Hope this helps. Good luck!
GCHope2011
09-17 11:19 AM
Talked to a lawyer, essentially everyone is right.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
Thanks for taking time to provide a closure to this topic for everyone's benefit.
And wish you the very best for your next steps.
On paper, I am not illegal as long as the 485 is pending, but in theory, I am illegal as long as 140 is denied.
The clock for illegal stay starts when 140 is denied.
This is a gray area and there is no USCIS rule for what to do in this case. So to be safe, I need to get out and come back as H4 again.
gotgc, how did you do InfoPass? I went though the infopass system and there is no option for me to verify whether my 485 is indeed legitimately active (based on the NIW 140) or not.
Thanks for taking time to provide a closure to this topic for everyone's benefit.
And wish you the very best for your next steps.
