eastindia
04-08 08:39 AM
Looking at this issue, isnt' it USCIS who is at fault here ?
How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?
This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.
This is really wonderful.
USCIS should be screwing people who used Substitute labor. They should even revoke or issue RFEs to all peoples who got Greencard using Substitute labor. I am sure the queue is get very very short if this happens. let us not allow these people who jumped in this queue.
I am writing to USCIS about this. Let us all write to USCIS, Ombudsman and also on USCIS blog about this.
How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?
This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.
This is really wonderful.
USCIS should be screwing people who used Substitute labor. They should even revoke or issue RFEs to all peoples who got Greencard using Substitute labor. I am sure the queue is get very very short if this happens. let us not allow these people who jumped in this queue.
I am writing to USCIS about this. Let us all write to USCIS, Ombudsman and also on USCIS blog about this.
wallpaper keri hilson hairstyle. keri
honge_kamyaab
11-16 09:11 AM
Power of internet, thanks for all the input.
That is right my previous I-94 has expired and I should get the latest I-94 as part of new I-797. My US multiple visa expired last August.
My question is thoroughly answered that I could use the "Automatic revalidation rule" to come back into US using my I-94 and I-797.
One more question to the folks who became Canadian PRs. When I exit out
of US can they force me to give up I-94 as I am landing as Canadian PR. In others words,
can they override "Automatic revalidation rule" in this case.
Part of me says they are two different teams one working for US to track I-94
and the other looking for Canadian PR so they can never rationalize this. If they talk then that could be an issue. Isn't that right?
That is right my previous I-94 has expired and I should get the latest I-94 as part of new I-797. My US multiple visa expired last August.
My question is thoroughly answered that I could use the "Automatic revalidation rule" to come back into US using my I-94 and I-797.
One more question to the folks who became Canadian PRs. When I exit out
of US can they force me to give up I-94 as I am landing as Canadian PR. In others words,
can they override "Automatic revalidation rule" in this case.
Part of me says they are two different teams one working for US to track I-94
and the other looking for Canadian PR so they can never rationalize this. If they talk then that could be an issue. Isn't that right?
Redeye
12-12 05:05 PM
I have EB3 PD of 2004 and it will take a while to get GC for sure. I am in a situation where I do not want to go for stamping and want to use AP in Feb 2008. If I do use AP will it invalidate my H1 with the same employer. My H1 6th year ends in 2010. If I get married in India at a later date will it be an issue to bring my spouse on H4 since I am a parolee?
Is there a way around this with a H1 extention at a later date and stamping at a later date?
Thanks
Is there a way around this with a H1 extention at a later date and stamping at a later date?
Thanks
2011 Keri Hilson modeled her
gcseeker2002
01-02 02:56 PM
Please anyone.........help me.
I couldn't find any other thread in this forum discussing the same problem as mine. Please let me know if it has been discussed already.
Thank you very much.
You dont have to get it stamped if you are returning before your current stamping expires. However it is better to get stamping if you are planning travel after your current stamping expires.
I couldn't find any other thread in this forum discussing the same problem as mine. Please let me know if it has been discussed already.
Thank you very much.
You dont have to get it stamped if you are returning before your current stamping expires. However it is better to get stamping if you are planning travel after your current stamping expires.
more...
permfiling
01-18 01:35 PM
Thanks for the correction to 4k. As the terms says "applicable under law". I think the agreement is in place to scare the person from leaving early. As she is in CA, i don't think CA laws honor these agreements
hkimmi
12-22 01:39 PM
If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.
once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
Check in the Sheela murthy chat session dated : December 18, 2006 and search for "my employer cancels I-I40?"
Looks like we can port the priority date ..., even our employers cancels I-140....
once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.
So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
Check in the Sheela murthy chat session dated : December 18, 2006 and search for "my employer cancels I-I40?"
Looks like we can port the priority date ..., even our employers cancels I-140....
more...
Saralayar
07-29 09:56 AM
My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.
But that petion is based on EB2 :p
Another funny and time pass thread...
But that petion is based on EB2 :p
Another funny and time pass thread...
2010 keri hilson hairstyles. keri
Googler
06-18 08:23 PM
Instead in CIR Section 531 (COMPLETION OF BACKGROUND AND SECURITY CHECKS) takes away the right for courts to rule on writs of mandamus filings:
"(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts."
please please stop reading the old bill
the new one is on the iv home page
or in thomas look at sa.1150 under the s.1358 bill
Thanks for pointing that out Paskal. I stand corrected.
S.A. 1150 Section 216 (http://thomas.loc.gov/cgi-bin/query/F?r110:2:./temp/~r110MkRgxl:e138316:) says:
SEC. 216. STREAMLINED PROCESSING OF BACKGROUND CHECKS CONDUCTED FOR IMMIGRATION BENEFITS.
(a) INFORMATION SHARING; INTERAGENCY TASK FORCE.--Section 105 (8 U.S.C. 1105) is amended by adding at the end the following:
``(e) INTERAGENCY TASK FORCE.--
``(1) IN GENERAL.--The Secretary of Homeland Security and the Attorney General shall establish an interagency task force to resolve cases in which an application or petition for an immigration benefit conferred under this Act has been delayed due to an outstanding background check investigation for more than 2 years after the date on which such application or petition was initially filed.
``(2) MEMBERSHIP.--The interagency task force established under paragraph (1) shall include representatives from Federal agencies with immigration, law enforcement, or national security responsibilities under this Act.''.
(b) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to the Director of the Federal Bureau of Investigation such sums as are necessary for each fiscal year, 2008 through 2012 for enhancements to existing systems for conducting background and security checks necessary to support immigration security and orderly processing of applications.
(c) REPORT ON BACKGROUND AND SECURITY CHECKS.--
(1) IN GENERAL.--Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the background and security checks conducted by the Federal Bureau of Investigation on behalf of United States Citizenship and Immigration Services.
(2) CONTENT.--The report required under paragraph (1) shall include--
(A) a description of the background and security check program;
(B) a statistical breakdown of the background and security check delays associated with different types of immigration applications;
(C) a statistical breakdown of the background and security check delays by applicant country of origin; and
(D) the steps that the Director of the Federal Bureau of Investigation is taking to expedite background and security checks that have been pending for more than 180 days.
Doesn't promise any results and it is not clear if this extra appropriations will be used for the much ballyhooed transformation that Michael Cannon says might kick in in 2010, or for clearing the current backlog BUT is much better than trying to take away the right to file mandamus suits. Also leads us to believe that 180 days is the acceptable amount of time for a namecheck.
"(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts."
please please stop reading the old bill
the new one is on the iv home page
or in thomas look at sa.1150 under the s.1358 bill
Thanks for pointing that out Paskal. I stand corrected.
S.A. 1150 Section 216 (http://thomas.loc.gov/cgi-bin/query/F?r110:2:./temp/~r110MkRgxl:e138316:) says:
SEC. 216. STREAMLINED PROCESSING OF BACKGROUND CHECKS CONDUCTED FOR IMMIGRATION BENEFITS.
(a) INFORMATION SHARING; INTERAGENCY TASK FORCE.--Section 105 (8 U.S.C. 1105) is amended by adding at the end the following:
``(e) INTERAGENCY TASK FORCE.--
``(1) IN GENERAL.--The Secretary of Homeland Security and the Attorney General shall establish an interagency task force to resolve cases in which an application or petition for an immigration benefit conferred under this Act has been delayed due to an outstanding background check investigation for more than 2 years after the date on which such application or petition was initially filed.
``(2) MEMBERSHIP.--The interagency task force established under paragraph (1) shall include representatives from Federal agencies with immigration, law enforcement, or national security responsibilities under this Act.''.
(b) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to the Director of the Federal Bureau of Investigation such sums as are necessary for each fiscal year, 2008 through 2012 for enhancements to existing systems for conducting background and security checks necessary to support immigration security and orderly processing of applications.
(c) REPORT ON BACKGROUND AND SECURITY CHECKS.--
(1) IN GENERAL.--Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the background and security checks conducted by the Federal Bureau of Investigation on behalf of United States Citizenship and Immigration Services.
(2) CONTENT.--The report required under paragraph (1) shall include--
(A) a description of the background and security check program;
(B) a statistical breakdown of the background and security check delays associated with different types of immigration applications;
(C) a statistical breakdown of the background and security check delays by applicant country of origin; and
(D) the steps that the Director of the Federal Bureau of Investigation is taking to expedite background and security checks that have been pending for more than 180 days.
Doesn't promise any results and it is not clear if this extra appropriations will be used for the much ballyhooed transformation that Michael Cannon says might kick in in 2010, or for clearing the current backlog BUT is much better than trying to take away the right to file mandamus suits. Also leads us to believe that 180 days is the acceptable amount of time for a namecheck.
more...
Sunx_2004
05-14 04:42 PM
I was under impression that there is last quarter quota still remain...
Based on below they used it all...
:confused:
I am sure this is noticed by many :
"E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year. "
Based on below they used it all...
:confused:
I am sure this is noticed by many :
"E. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY
Demand for numbers, primarily by Citizenship and Immigration Services Offices for adjustment of status cases, is expected to bring the Employment Third preference category very close to the annual numerical limit in June. As a result, this category is likely to experience retrogressions or visa unavailability beginning in July. Such action would only be temporary, however, and a complete recovery of the cut-off dates would occur for October, the first month of the new fiscal year. "
hair Short Black Hair Styles - Top
jeny
08-06 03:41 AM
Jeny: I believe you are referring to an interview for Consular Processing; not Adjustment of Status, correct?
Thanks,
Jayant
Yes Jayant it is Consular Process. Today i send a mail to them, hope they will replay.
Thanks
Thanks,
Jayant
Yes Jayant it is Consular Process. Today i send a mail to them, hope they will replay.
Thanks
more...
maine_gc
02-02 09:08 AM
Thank you all.
I will be looking this site every day as i did before.
Thanks
I will be looking this site every day as i did before.
Thanks
hot Short hair is where it#39;s at.
ImmigrationAnswerMan
07-24 03:42 PM
Sanjay:
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
more...
house Keri Hilson is Another
YesGC_NoGC
06-19 07:31 PM
Hi
Here is my situation
My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.
I-140 is approved in 2005. 485 Applied in June 2007.
8th year on H1B - H1 Valid till November 2009.
I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.
This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?
I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.
Just tired of waiting for GC and losing the opportunities, What options do I have ?
� Should I stay put and continue to wait till I get GC in hand?
� If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
- Would USCIS makes the decision on my 485 right there saying it's a no go?
- or Would they send me the RFE later on when my PD is current?
- What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)
Any Suggestion - Anybody?
Need to make the decision in next couple of days.
Here is my situation
My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.
I-140 is approved in 2005. 485 Applied in June 2007.
8th year on H1B - H1 Valid till November 2009.
I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.
This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?
I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.
Just tired of waiting for GC and losing the opportunities, What options do I have ?
� Should I stay put and continue to wait till I get GC in hand?
� If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
- Would USCIS makes the decision on my 485 right there saying it's a no go?
- or Would they send me the RFE later on when my PD is current?
- What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)
Any Suggestion - Anybody?
Need to make the decision in next couple of days.
tattoo Keri+hilson+short+hair+
BeCoolGuy
04-13 08:02 AM
Always speak the truth..!!!
Remember, DOL is not depending only on you to find out the truth. The way it works is, if your employer comes under investigation, they'll first try to establish the facts, from DOL LCAs (all for H1Bs, and report fraud to USCIS if necessary). Most likely your name/details came up from LCAs, which are public information. When they ask you, they are trying to find out, the exact degree of exploitation (if any) and whether you willfully participated in it (fraud or exploitation) or not. DOL after all its investigation, establishes, what they callas 'cause of termination' which will allow you as a H1B employee to move out without any issues of that employer.. In addition to H1b individuals, they may also ask Employer for his tax records, payroll info and bank statements, which will establish the truth.
Two, even if you support your employer (for whatever reasons, including fear or immigration), not everybody will, which in turn will anyways trigger proper investigation and the exposure of truth. So why not to convey the fact which will show up anyways.
Three, At your heart you always know, what the truth is. Go with it. Write minimum on paper, if you are not comfortable writing it all. But definately make it a point to write the truth.
Fourth - If DOL is asking you to verify something, fill in WH4 form and submit to them. This will establish you as one of people who blew the whistle. Law protects (even for immigrants) in this case, and your H1b will be intact. THIS WILL SAVE YOUR IMMIGRATION STATUS LIKE NOTHING ELSE CAN...
AND OFCOURSE, START SEARCHING FOR ANOTHER JOB.
Goodluck
Remember, DOL is not depending only on you to find out the truth. The way it works is, if your employer comes under investigation, they'll first try to establish the facts, from DOL LCAs (all for H1Bs, and report fraud to USCIS if necessary). Most likely your name/details came up from LCAs, which are public information. When they ask you, they are trying to find out, the exact degree of exploitation (if any) and whether you willfully participated in it (fraud or exploitation) or not. DOL after all its investigation, establishes, what they callas 'cause of termination' which will allow you as a H1B employee to move out without any issues of that employer.. In addition to H1b individuals, they may also ask Employer for his tax records, payroll info and bank statements, which will establish the truth.
Two, even if you support your employer (for whatever reasons, including fear or immigration), not everybody will, which in turn will anyways trigger proper investigation and the exposure of truth. So why not to convey the fact which will show up anyways.
Three, At your heart you always know, what the truth is. Go with it. Write minimum on paper, if you are not comfortable writing it all. But definately make it a point to write the truth.
Fourth - If DOL is asking you to verify something, fill in WH4 form and submit to them. This will establish you as one of people who blew the whistle. Law protects (even for immigrants) in this case, and your H1b will be intact. THIS WILL SAVE YOUR IMMIGRATION STATUS LIKE NOTHING ELSE CAN...
AND OFCOURSE, START SEARCHING FOR ANOTHER JOB.
Goodluck
more...
pictures Keri Hilson#39;s Latest Short
gimme_GC2006
09-02 10:24 AM
Edit. Latest ..on my case.(with a little history) and this is hilarious.
8/21/2008 : Talk with the California Service Center (hopefully)
Me: My case has been transferred all of a sudden to California with the PD became current (on july 21, 2008), why ?
Answer: Your case has been sent back to TSC on Aug. 15th. We do not have the case any more. You can call TSC to confirm.
8/22/2008: Talk with Customer Service
Customer Service: Your case is still in California.
9/2/2008 : Info pass appointment. Talk with IO
IO: Your case is still in TSC but will be transferred to CSC soon.
I cannot believe such an organization exists in the world.
************************************************** *********************************
lol..
I think we all shud send our customer service experiences to USCIS and DHS leadership..we need to make a note of Agent IDs in the beginning..
atleast then they will feel a pinch to improve customer service (didnt they say that this is also one of the reason for fee hikes last year?/ ) :D:D
8/21/2008 : Talk with the California Service Center (hopefully)
Me: My case has been transferred all of a sudden to California with the PD became current (on july 21, 2008), why ?
Answer: Your case has been sent back to TSC on Aug. 15th. We do not have the case any more. You can call TSC to confirm.
8/22/2008: Talk with Customer Service
Customer Service: Your case is still in California.
9/2/2008 : Info pass appointment. Talk with IO
IO: Your case is still in TSC but will be transferred to CSC soon.
I cannot believe such an organization exists in the world.
************************************************** *********************************
lol..
I think we all shud send our customer service experiences to USCIS and DHS leadership..we need to make a note of Agent IDs in the beginning..
atleast then they will feel a pinch to improve customer service (didnt they say that this is also one of the reason for fee hikes last year?/ ) :D:D
dresses Keri+hilson+haircut+in+
FKFish
01-30 10:31 PM
hi,
I am on h1b EB3 and my 485 is pending since July 2007. I will get married soon and my wife is on F1. It seems I'd better to get married before my 485 approval in order to add her into my 485, right? (My PD is 2004 July which is not current. ) If this is true, since my PD is not current, can I file her 485 now, just add to my 485 or I have to wait until my PD becomes current again?
Many Thanks.
I am on h1b EB3 and my 485 is pending since July 2007. I will get married soon and my wife is on F1. It seems I'd better to get married before my 485 approval in order to add her into my 485, right? (My PD is 2004 July which is not current. ) If this is true, since my PD is not current, can I file her 485 now, just add to my 485 or I have to wait until my PD becomes current again?
Many Thanks.
more...
makeup Keri Hilson inverted bob
pardesh
02-01 08:59 PM
I recently entered the US using AP, basically she would be abandoning her F1 as soon as she enters using her AP. Her status changes from International Student to Pending Immigrant (or something similar). BTW carry at least two original copies of AP. Even if she plans to work on EAD at school or later after graduation, it just makes sense to enter using her AP (think..).
girlfriend Keri Hilson Hairstyle
kshitijnt
02-17 07:34 AM
I have a couple of questions:
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?
thanks.
1. Write unknown
2. New applicant, if you are applying under c09 category for the first time.
1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?
thanks.
1. Write unknown
2. New applicant, if you are applying under c09 category for the first time.
hairstyles keri hilson short hair. keri
Libra
11-15 11:32 AM
bumping....
jeny
08-05 01:58 PM
please be more specific ,which interview??
Visa Interview(for green card)
Visa Interview(for green card)
Aah_GC
05-30 03:49 PM
Hi gurus, Please advise
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
Krishna - H1B and EAD are your work permits, so do not confuse it with AC21. Eitherway, if you are leaving your employer after 180 days of 485 application receive date - you are using AC21. Good luck.
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
Krishna - H1B and EAD are your work permits, so do not confuse it with AC21. Eitherway, if you are leaving your employer after 180 days of 485 application receive date - you are using AC21. Good luck.
No comments:
Post a Comment