sparky_jones
10-27 03:58 PM
Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
A very nice message! Happy Diwali to you too!
Change is hard - but change definitely brings new hope and prosperity.
With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.
Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.
Lets all be together in turbulent times and work towards the change that we always want to see.
IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.
A very nice message! Happy Diwali to you too!
lsuk
07-21 07:17 PM
EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
conchshell
07-16 11:11 AM
It means ALL the cases filed before 7/17/07 have been processed, doesn't mean they are not working on cases beyond july 17th.
Please note, it means that USCIS has touched a case till the mentioned date. It does not mean that they have processed all cases before this date.
Please note, it means that USCIS has touched a case till the mentioned date. It does not mean that they have processed all cases before this date.
rp0lol
08-01 02:57 PM
Guys,
I like the approach however I will request all Iowa residents to call Congressman Kings again and again. Also get your friends and coworkers to call.
Voter calls will always impact politicians...
Lets keep the efforts on...
Thanks
Calling only won't help for our cause.
Some has to go to his office with yesterday's list of amendement and his comments and explin him what's wrong with his stats.
and maybe we should go to our local senator's office with point King was making and right numbers (from DOS or USCIS's published data).
Just my 2 cents.
I like the approach however I will request all Iowa residents to call Congressman Kings again and again. Also get your friends and coworkers to call.
Voter calls will always impact politicians...
Lets keep the efforts on...
Thanks
Calling only won't help for our cause.
Some has to go to his office with yesterday's list of amendement and his comments and explin him what's wrong with his stats.
and maybe we should go to our local senator's office with point King was making and right numbers (from DOS or USCIS's published data).
Just my 2 cents.
more...
hopefulgc
11-05 10:24 PM
Did your company file an EB2 labor/petition on your behalf?
Hi
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
Hi
I my PD is July 2003 EB3 (India).
My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.
I have NOT done any labor substitution or anything like that.
As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
nogc_noproblem
12-12 09:05 PM
Paid Time Off
PTO: planned time off
PTO: planned time off
more...
GCSeekerCT
08-22 07:35 AM
Again, I thank the community here for being supportive and hearing me out.
After considering your valuable suggestions, it only makes sense in waiting at this point, per my evaluation as well.
What are a few months in the game where I have waited this long ?
Just for the record, a major factor in this decision is that "I am not being abused by my current employer". (this is for someone in our situation who IS being abused or given a hard time by the employer)
If one wanted to, one can get out of a messy situation with the employer, thanks to AC21.
Thanks much
After considering your valuable suggestions, it only makes sense in waiting at this point, per my evaluation as well.
What are a few months in the game where I have waited this long ?
Just for the record, a major factor in this decision is that "I am not being abused by my current employer". (this is for someone in our situation who IS being abused or given a hard time by the employer)
If one wanted to, one can get out of a messy situation with the employer, thanks to AC21.
Thanks much
IfYouSeekAmy
01-13 07:48 AM
I like all the faces!!! :p
Ha Ha ;):D:o:):(:confused:
Stop this spreading without proof.
Ha Ha ;):D:o:):(:confused:
Stop this spreading without proof.
more...
mkiv
05-21 12:34 PM
You must send the letter from your original employer if you have not used AC21.
tnite
06-18 12:10 PM
thanks tnite!!!... u r right my opt/h1b overlaped comfortably and i was never out of status
But the problem is that you have to send in a copy of your H1B visa for I485.
The visa will mention the fact that it was issued in May 2007
USCIS might ask you 'Place of last entry: 2000" and how come you have a visa with a issue date of May 2007.
That means that you were at a US port of entry recently.
I think putting your canadian date is the best option.(My opinion)
You can always tell USCIS that you were issued a visa in Canada and technically you left the US and came back again in May 2007
But the problem is that you have to send in a copy of your H1B visa for I485.
The visa will mention the fact that it was issued in May 2007
USCIS might ask you 'Place of last entry: 2000" and how come you have a visa with a issue date of May 2007.
That means that you were at a US port of entry recently.
I think putting your canadian date is the best option.(My opinion)
You can always tell USCIS that you were issued a visa in Canada and technically you left the US and came back again in May 2007
more...
deecha
08-06 11:17 AM
I filed my EB3 LC Substitution I-140 with the copy of the labor. It has been pending since June 2006.
Mine is not labor substitution though. My lawyer never received the original hardcopy of the labor certification.
Mine is not labor substitution though. My lawyer never received the original hardcopy of the labor certification.
mmanurker
12-10 02:30 PM
The dot system if used properly is a good system as other community members can privately control the reputation of each other. Community can also identify posters who are mischief makers by giving them reds and identifying them publicly. This reduces the need for moderators significantly as moderators cannot read every post and every thread everyday. Pls suggest better ways in which we should handle reputation system.
Yes, I agree that dot system if used properly is a good system. I dont mind people giving me red dots but what really bothers me is when people leave nasty comments and use foul language. So is it possible to show/expose user id along with the comments when ever someone uses foul language and leaves a nasty comment? This will make sure that people who use foul language will restrain from leaving such comments for the fear of getting their Id's exposed and the privacy is also maintained for those who use appropriate language.
OR
Show the Id's of all the people irrespective of red/green dots.
If this requires too much of time and work for IV admins then pls ignore this and we can think of alternate solutions.
Yes, I agree that dot system if used properly is a good system. I dont mind people giving me red dots but what really bothers me is when people leave nasty comments and use foul language. So is it possible to show/expose user id along with the comments when ever someone uses foul language and leaves a nasty comment? This will make sure that people who use foul language will restrain from leaving such comments for the fear of getting their Id's exposed and the privacy is also maintained for those who use appropriate language.
OR
Show the Id's of all the people irrespective of red/green dots.
If this requires too much of time and work for IV admins then pls ignore this and we can think of alternate solutions.
more...
guru76
10-05 06:34 PM
I was once asked by an immigration officer in India why I was coming to India. I have an Indian passport. This was in Hyderabad.
So its not just US/Canada.
So its not just US/Canada.
bostonian28
02-17 08:09 PM
As far as I can see Yates memo is what is addressing this issue specifically, based on that I think you should be good, i.e your current employer cannot revoke 140 (please see yates memo)......
It is my opinion....
It is my opinion....
more...
newlife2
09-19 12:03 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
meridiani.planum
02-21 12:37 AM
1. H1 (assuming in your H1petition you had requested a change of status from H4 to H1 and as part of theapproval you have a new I94).
2. she is already outof status. 6months of out of status puts getting a green card into jeopardy.
3. she can travel and re-enter on H4 to activate H4 status.She cant work at that point without filinganother H1 (no need to wait for april/quota etc though, since she has already been granted an H1 once). If she wants to come back with the H1 active she can get an H1 stamping, but my guess is that will be a problem as she does not have payslips.
4. file a change of status to H4, or travel out of the US and return on H4 (assuming her H4 tied to your H1 is still valid)
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
2. she is already outof status. 6months of out of status puts getting a green card into jeopardy.
3. she can travel and re-enter on H4 to activate H4 status.She cant work at that point without filinganother H1 (no need to wait for april/quota etc though, since she has already been granted an H1 once). If she wants to come back with the H1 active she can get an H1 stamping, but my guess is that will be a problem as she does not have payslips.
4. file a change of status to H4, or travel out of the US and return on H4 (assuming her H4 tied to your H1 is still valid)
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
more...
MatsP
January 30th, 2008, 03:12 PM
One piece of advice might be to go for something much less expensive first, to see if you actually like digital photography - the second hand prices are pretty abysmal for these things, so unless you think you are a really good salesman when it comes to selling your old stuff on E-bay or such, it would be less of a risk to you to get either a used P&S or a new, less expensive model.
There are many things that make a difference between a DSLR and a "Advanced P&S" (Pro-sumer P&S or whatever you like to call the category that the Sony ends up in). But in the end, there's only a few of those that actually show in the photos:
1. noise levels - the smaller sensor on the P&S (about half the size compared to the DSLR) means more noise in the picture, especially at high ISO [when you take pictures in rather dark circumstancs].
2. The flexibility in focal length - the P&S has a fixed optical system, you can't really change it [yes, you can buy extra lenses to screw on the front and such, but it's really not that great]. This shows up, usually, more at the wide-angle end than on the telephoto end. The Sony here has a 31-465mm equivalent lens. That's pretty good, but 31mm is on the "narrow end of wide-angle", and you don't really have much choice to fix that. 465mm is plenty for most people.
It's your money, so you spend it as you like :)
--
Mats
There are many things that make a difference between a DSLR and a "Advanced P&S" (Pro-sumer P&S or whatever you like to call the category that the Sony ends up in). But in the end, there's only a few of those that actually show in the photos:
1. noise levels - the smaller sensor on the P&S (about half the size compared to the DSLR) means more noise in the picture, especially at high ISO [when you take pictures in rather dark circumstancs].
2. The flexibility in focal length - the P&S has a fixed optical system, you can't really change it [yes, you can buy extra lenses to screw on the front and such, but it's really not that great]. This shows up, usually, more at the wide-angle end than on the telephoto end. The Sony here has a 31-465mm equivalent lens. That's pretty good, but 31mm is on the "narrow end of wide-angle", and you don't really have much choice to fix that. 465mm is plenty for most people.
It's your money, so you spend it as you like :)
--
Mats
newbee7
07-05 07:26 AM
Ombudsman had correctly predicted this fiasco back in June before the dates were made current:
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
USCIS is evaluated based on backlogs. They wanted to avoid the backlogs that would be seen if all were able to apply in July.
There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38
http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
USCIS is evaluated based on backlogs. They wanted to avoid the backlogs that would be seen if all were able to apply in July.
sunny1000
11-19 06:23 PM
Thanks everyone for replying. My I797 shows all the correct dates (ND and RD). Infact, the date online matches the notice date. So, I guess it is ok.
Munna Bhai
11-09 09:21 AM
I am collecting all the documents and I will do premium processing but would like to get clarification regarding the rule.
I heard that " Labour should be filed 365 days before, whether approved or not" and that will automatically allow you to have 1 year extension.
Is this correct?
-M
I heard that " Labour should be filed 365 days before, whether approved or not" and that will automatically allow you to have 1 year extension.
Is this correct?
-M
fl_gc
08-04 12:28 PM
My EB2 I-140 is also pending. RD for I-140 is 03-21-2007. I have sent two SR.
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