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Bend it like Bieber: Justin

anilsal

12-25 01:32 AM

top if the administrators can make this thread sticky. :)

IV has really mobilized the EB immigrant community under one roof.

I guess there is an immediate need to spread the word about IV to all the folks affected by retrogression.

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nortam1

09-17 04:15 PM

My receipts say the same...
Anybody knows what it is?

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Bend it like Bieber: Justin

aarzoo

02-02 04:48 PM

I have a labor approved for the requirement:
"Must have BS in CS, EE or related field w/5 years of related experience"

EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?

Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.

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thomachan72

04-18 12:19 PM

Does your husband currently have a valid H1b visa "STAMPED" in his passport??

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go_guy123

04-30 03:42 AM

Yes getting her here on an F1 Visa is your best option. You can hv the wedding in India but she shd not disclose abt her wedding and shd cm here on her maiden name and after afew months you can hv a registered marriage here. That is what my cousin did and they flew together to US.

This is totaly wrong. In fact if at a later stage this is found out (as it will) he/she can lose GC as well on grounds of perjury(false declaration).

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RiaonH4

01-18 10:30 AM

There is a add on Sulekha which says u can apply Canadian Citizenship if u are on H1/F1/L1 and u need not move to Canada and stay and work in US. Has someone tried this or have any comments on this idea ?

Add says -->
Attention H1B, F1s, L1s
To difficult to get USA green Card?
Canadian Green Card helps you stay in USA Legally
You do not need to move to Canada
Get a Canadian Green card as a Back-up

Linky --> http://www.maple-immigration.com/ad_index_en.htm

:confused:
Ria

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wandmaker

02-16 12:58 PM

Hi Everyone,

I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

But he agrees to let me join his company but at the same time he worried about few things



Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

Would that be of any problem to both me and employeer.

Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


I would appreciate if some could throw some light on this ....

My future is relied on these issues

Thanks
David

For Q1, Please call 1-866-487-2365
For Q2, Please call 1-800-375-5283

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GCWarrior

04-16 02:25 PM

Hi Gurus,

I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
No RFE/NOID received.

Here is my case.

PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.

I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.

After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.

Please let me know what options I have.


Thanks
GCWarrior

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mnq1979

06-26 10:12 PM

I am thinking to get the AFFEDEVITS of my wife from her FATHER and MOTHER stating the inforation of my her BIRTH.

My wife was born in XYZ city but now her parents reside in ABC city. My question is will it be OK if her parents get the AFFEDEVIT from ABC city stating that she was born on XXX in XYZ city or does the AFFEDEVIT has to be made from XYZ city only.

I just thought of this and wasnt sure if its ok or not. Can any one please clarrify?


Thanks in advance. !!!!

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sureshvd

10-15 11:15 AM

Hi svr_76,
By accepting citizenship will not make you "FORIEGN". Even after 10 yrs you still be looked as Indian immigrant after all. You are right in a sense that sooner we all will cry for for PIO card.

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transpass

09-06 11:23 PM

This one was posted by one of the IV members, sreedhar in other section of the forum. Don't know how much truth to it...:rolleyes:

If anyone has seen this already, my apologies...

http://immigrationvoice.org/forum/showthread.php?p=285637#post285637



Hello All,

I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.

IO: Immigration Officer
MC: My Cousin
MCL: My Cousin Lawyer

IO: We are not able to verify your finger prints. That�s the reason we called you for the personal interview.

MC: I am ready to give right away.

IO: No your finger print images not at all visible. There is no way we can check your Criminal background.

MC: Is there any other alternate solution for this �? If so please advice.

IO: Yes�You have to submit local county police clearance certificates from past 3 years with in 30 days.

MC: Can you increase the time�? 30 days might be not sufficient for me to collect all the information

IO: Sure�Make sure you submit with in 45 days. Thank you.

MC: Can I ask one question�?

IO: Sure�.

MC: I applied my GC in 2003. Almost 5 years completed�Now I have problems with my finger prints. What else I need to do for the getting the approval on GC

IO: Don�t worry�Submit the Police clearance certificates�We will approve your GC soon. With out verifying I can�t approve...If I approve� I will loose my Job�

MCL: Well �.My Client PD is Dec 2003 EB3-INDIA. Visa numbers are not available at this time why you are asking to submit police clearance certificates with 45 days�? And once we submit how you will approve my Client GC without VISA numbers available�?

IO: Good question�.All EB Visa Numbers will current in coming 2 months. That�s all I can say. There is some process going on to collect some unused visa numbers�.I don�t know what exactly going on�But I can say with in 2 months EB Visa numbers will current.

MCL: Oh that�s great�

IO: Yes it is�

MC & MCL: Ok thank you for your time and we will submit police clearance certificates with in 45 days.

IO: That�s good�You are all set to go now. Thank you.

Based on above conversations I am saying�Please do not abuse me if it�s not going to be happened in 2 months. I am just sharing my cousin Interview details. I am also EB3-I 2004. I wish and Pray to GOD to make IO comment come true. Thank you.

-Sree

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ilikekilo

04-12 06:48 PM

Thanks, Even I am thinking the same but just worried, would I also get the copy of RFE??


If you have an attorney represnted and you ahve signed a G325, you will not get the RFE your lawyer rather would get it...

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green_card_curious

03-07 04:12 PM

Hello

I filed concurrently for I-140 and I-485 through NIW petition; and for my wife as dependent beneficiary. I received an RFE in Dec 2008 and got a denial yesterday.

1. Will my I-485 be denied automatically?
2. When we appeal for I-140 decision, will the I-485 status be "pending" or will it be denied first and then activated after subsequent approval of I-140?

PS: the reason for the rejection is unknown.

Please respond ASAP.

Thanks.

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sanprabhu

01-30 09:24 AM

Don't go by Online status message in USCIS website. It is a bull and often flat out incorrect.

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mheggade

12-12 04:39 PM

DOS/USCIS had a co-ordination meeting to discuss how to prepare for the upcoming holiday's. The outcome of the meeting was to push EB2 cases as back as possible , so that people really can have a good time enjoying holiday. (When I say people read it as USCIS/FBI/DOS and lawyers ).

:)
I work for Federal agency as contractor I know very well how things work during the holiday season.

Happy long long holiday's you all.

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Munna Bhai

01-07 11:23 AM

can Employer with draw I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
thanks for your replies.

Yes,but it has no effect on your GC.

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jasmin45

07-16 07:05 PM

There's already a thread floating in the forum to discuss this. Did you search the forum before conveniently created this dupicate thread. Please be considerate to resources on IV. It will be very difficult to desseminate the information all over the place.

Please request admins to delete this one if you could not do so.

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gcpain

03-29 08:22 AM

I agree although absolute aim is getting GC , But It is too vague to put as a clearly defined objective.

Whereas asking for "current Priority Date for every category above EB3" clearly defines our goal.I think categories below EB3 is beyond the scope of this forum.
It is more complicated/different and there are forums which knows the issues clearly and are adressing them

We need to work towards all category of Employment Immigration like EB1, EB2 and EB3. Apart from other priorities including getting GC as early as possible, our top priority is applying I485,AP & EAD for all categories when they are not current.

DPSG: Again do not post any messages like for only EB2 or EB1. It has to be all EB categories.

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tonyHK12

01-11 09:28 AM

The second part also sounds pretty reasonable to me:


This PAV would be issued upon successful completion of an application process that would involve the following:

1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.

The Permanent Administrative Visa would carry with it the following authorizations:

1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;

The Permanent Administrative Visa would carry with it the following prohibitions:

1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
2. Holding an PAV would not imply any safe harbor for applicant's family members;
3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.

A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:

1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.

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frostrated

08-10 08:45 AM

Friends

This is my situation

My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.

Now we r planning to change my wife status from H4 TO F1.

Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.

Pl advice

Thanks

It is very easy and do not need a lawyer.
First get admission into a school and then provide your H4 documents and a letter stating that you do not intend to reside in the US post-completion of your education and that you want to return to your country.

The school will then send your documents to the USCIS for a COS from H4 to F1.
How do I know this? Coz I went thru this.

But remember, do not file your 485 as long as your wife is in school. Coz if you go on to an EAD status, it will be very difficult to convert your F1 spouse to EAD. Since you are EB3 wait until your wife completes her education, and either gets a H1 or H4 prior to submitting 485.

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CCC2006

09-26 01:21 PM

Hi All,

My visa will expire (6 yrs completion) in the month of October 2007. What can I do next. Will I get an years extension based on the Green card filing. What is the standard procedure ?

CCC2006

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