grupak
02-12 01:21 PM
Any runners in NC?
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GC_1000Watt
08-05 03:45 PM
The company I work for in USA has a India Office.
That office paid the exact NEW fees through HDFC.
They then couriered the HDFC receipts to my home in India.
I arrived in my city.
Went to VFS office, submitted the required doc's.
They created the courier package which is used to send the passport back.
After few days I went to the US consulate as per my scheduled appointment.
I use the VFS lounge service which helps because I had luggage etc.
It was quite a smooth process in Mumbai, except that it took 2 hours of waiting.
My 9:30 appt actually happened at 11:45.....
But yes, there were many many people who had demand draft's in their hand, either of full fees or the difference.....
Thanks man!
Did you stay in nearby hotel to consulate? If yes please share name.
That office paid the exact NEW fees through HDFC.
They then couriered the HDFC receipts to my home in India.
I arrived in my city.
Went to VFS office, submitted the required doc's.
They created the courier package which is used to send the passport back.
After few days I went to the US consulate as per my scheduled appointment.
I use the VFS lounge service which helps because I had luggage etc.
It was quite a smooth process in Mumbai, except that it took 2 hours of waiting.
My 9:30 appt actually happened at 11:45.....
But yes, there were many many people who had demand draft's in their hand, either of full fees or the difference.....
Thanks man!
Did you stay in nearby hotel to consulate? If yes please share name.
mallu
02-29 01:43 PM
please don't post information you are not sure of. unless employer withdraws H1 there is no way USCIS can know of this. (Employers are not legally bound to file for H1 withdrawal) Also I would like to know the source of your 'zero tolerance' policy in regards to H1. In fact they forgive upto 6 months of 'unauthorized' employment when processing I-485. (http://www.murthy.com/news/n_nscuna.html). If they wanted to have 'zero tolerance' they would have forced employers to withdraw H1 or atleast inform USCIS of layoff.
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
I hope you "heard" it from others too and i read those things from some immigration sites . Don't have exact link. And GOD save folks from USCIS when people say they have N number of days of grace period for H1B status .
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
I hope you "heard" it from others too and i read those things from some immigration sites . Don't have exact link. And GOD save folks from USCIS when people say they have N number of days of grace period for H1B status .
2011 dwyane wade career.
vidyas_m
03-31 01:07 PM
Very well written letter. However If you agree here is something I feel should be updated.
old:
"These immigrants are waiting to showcase their innovation leadership with their U.S. work experience American education. Immigration Voice will insist that Congress focus on the Green Card backlog rather than on H-1B visas,� concluded Kapoor."
New:
"These immigrants are desperately waiting to showcase their innovation and leadership with their U.S. work experience and an American education. Immigration Voice would like to insist that Congress focus on resolving the Green Card backlog as an endeavor in itself, rather than confusing the issue with H-1B visas,� concluded Kapoor."
Thanks.
Done!
However, I agree with vdesai_8's corrections and I believe that it would be good to make those corrections in the letter. Thank you!
old:
"These immigrants are waiting to showcase their innovation leadership with their U.S. work experience American education. Immigration Voice will insist that Congress focus on the Green Card backlog rather than on H-1B visas,� concluded Kapoor."
New:
"These immigrants are desperately waiting to showcase their innovation and leadership with their U.S. work experience and an American education. Immigration Voice would like to insist that Congress focus on resolving the Green Card backlog as an endeavor in itself, rather than confusing the issue with H-1B visas,� concluded Kapoor."
Thanks.
Done!
However, I agree with vdesai_8's corrections and I believe that it would be good to make those corrections in the letter. Thank you!
more...
UNFLUX
05-21 06:11 PM
good stuff DJ :thumb:
I think once your battle-plate is cleared off a bit more, you and I should tangle. whattaya say?
I think once your battle-plate is cleared off a bit more, you and I should tangle. whattaya say?
new_horizon
03-04 10:23 AM
From what I know TN visa is not dual intent like H1B. So you can't continue processing your GC when holding a TN visa.
Changing citizenship does not affect how Priority Dates are recaptured (aka pd porting).
Once you are Canadian citizen, you can also avail TN visa (in addition to H-1B) to work for US employer.
Check this link
NAFTA � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/nafta.asp)
_______________________
Not a legal advice.
US citizen of Indian origin
Changing citizenship does not affect how Priority Dates are recaptured (aka pd porting).
Once you are Canadian citizen, you can also avail TN visa (in addition to H-1B) to work for US employer.
Check this link
NAFTA � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/nafta.asp)
_______________________
Not a legal advice.
US citizen of Indian origin
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qualified_trash
10-09 11:00 AM
Dilbert_cal:
Does this mean that with AC-21, I can just switch jobs (provided it is similar), and that my PD etc remains the same and that I don't have to do my labor and I-140 again? My I-485 has been filed for more than a year now (my 140 is also approved), and while I would like to change my job, I don't want to do the whole thing again.
Your response will be HIGHLY appreciated, bcuz you seem to know this stuff well.
qplearn
yes!!
with AC21, you do not have to do the whole thing again......... that I am sure of!!
Does this mean that with AC-21, I can just switch jobs (provided it is similar), and that my PD etc remains the same and that I don't have to do my labor and I-140 again? My I-485 has been filed for more than a year now (my 140 is also approved), and while I would like to change my job, I don't want to do the whole thing again.
Your response will be HIGHLY appreciated, bcuz you seem to know this stuff well.
qplearn
yes!!
with AC21, you do not have to do the whole thing again......... that I am sure of!!
2010 Person: NBA player Dwyane Wade
gc_check
01-11 12:41 AM
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
I would suggest, you explore other option and try a join a new employer to process GC rather than looking for options that are uncertain. Although, I feel sorry for your case, it does not sound right to jump lines, while so many people are waiting in line for GC for many many years. There are certain genuine cases in LC Substitution case, but these are very few in numbers, and also it just can't be right when someone just gets ahead of you, while you are waiting for years. It is really good, that LC Substitution is eliminated, so that people like you do no loose the precious time depending on these employers like this and also people who are waiting for years get their chance first. Appealing, etc can be done, but a positive outcome is very very slim in this case, if the original person had worked for this employer for 180 days or more and invoked AC21, then AC21 protects the original beneficiary. If original beneficiary has not worked for this employer at all, then there might be a small chance, but still it is very complicated. As posted here, talk to an attorney other than your employers attorney or yours and get a second opinion and decide accordingly.
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
I would suggest, you explore other option and try a join a new employer to process GC rather than looking for options that are uncertain. Although, I feel sorry for your case, it does not sound right to jump lines, while so many people are waiting in line for GC for many many years. There are certain genuine cases in LC Substitution case, but these are very few in numbers, and also it just can't be right when someone just gets ahead of you, while you are waiting for years. It is really good, that LC Substitution is eliminated, so that people like you do no loose the precious time depending on these employers like this and also people who are waiting for years get their chance first. Appealing, etc can be done, but a positive outcome is very very slim in this case, if the original person had worked for this employer for 180 days or more and invoked AC21, then AC21 protects the original beneficiary. If original beneficiary has not worked for this employer at all, then there might be a small chance, but still it is very complicated. As posted here, talk to an attorney other than your employers attorney or yours and get a second opinion and decide accordingly.
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bharani
10-02 10:57 AM
IMHO If you have money save it for future payments(atleast a year's payments). If you lose job, this money will help make your payments.
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kufloyd
06-13 08:22 PM
Kufloyd: Did you also see a change in LUD on your spouse's (assuming you filed for dependent) I-485?
The reason i ask that question is that i am exactly in same boat as you are. Case was transferred back and forth between NSC and CSC and it's finally pending at NSC and i saw a soft LUD on my I-485 today, but no change on my wife's I-485. Do don't know, if there's a pattern to it?
I didn't file a dependent 485...
By the way, how do you tell a soft LUD from a "hard" LUD?
The reason i ask that question is that i am exactly in same boat as you are. Case was transferred back and forth between NSC and CSC and it's finally pending at NSC and i saw a soft LUD on my I-485 today, but no change on my wife's I-485. Do don't know, if there's a pattern to it?
I didn't file a dependent 485...
By the way, how do you tell a soft LUD from a "hard" LUD?
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vdesai_8
03-31 03:33 PM
Done.
hot Kobe Bryant vs Dwayne Wade.
invincibleasian
02-05 09:19 AM
Please explain what is student status and 221g. You mean , if you are student of any intitute in US, while your I-140 is approved?
I was here on F1 first and then converted o H1. I went for a H1 stamping after about 5years. Student status refers to the status of the F1 visa. They usually track it using SEVIS. My bad luck since SEVIS was not up that day or my name was not showing up since I was a pre sevis grad enrollment. 221g is a document they hand out if they cannot issue a visa due to lack of documents or need to no further administrative processing like verify employer/status on a visa etc. You need to either appear again before the consulate or they get back to your later. My case was a nightmare and I dont plan to ever go back again to India period. Guys do your research on the web regarding 221g do travel plans accordingly!
I was here on F1 first and then converted o H1. I went for a H1 stamping after about 5years. Student status refers to the status of the F1 visa. They usually track it using SEVIS. My bad luck since SEVIS was not up that day or my name was not showing up since I was a pre sevis grad enrollment. 221g is a document they hand out if they cannot issue a visa due to lack of documents or need to no further administrative processing like verify employer/status on a visa etc. You need to either appear again before the consulate or they get back to your later. My case was a nightmare and I dont plan to ever go back again to India period. Guys do your research on the web regarding 221g do travel plans accordingly!
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chanduv23
02-11 11:22 PM
Am I not reading his post right??
Sure - great - lets get this to work :)
Sure - great - lets get this to work :)
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quizzer
09-16 12:15 AM
Please consult an expert attorney as its a complex case.
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pictures 14: Dwyane Wade: .0676 Points
sbajaj80
09-14 01:04 PM
Does anyone know if there is a time frame (say 60 or 90 days) within which they have to approve your EAD, AP & 485 after issuing the receipt notice?
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tv25
09-15 10:23 AM
We need experts advice in the following matter.
Here is my situation, I have entered US on H-4 and after sometime I have applied for H1(Change of status) through a consulting company. I have worked for this company for 3 months.
When I went for H1 stamping,visa officer said that my case need to go through Administrative processing . I came back on H-4.
We have applied for 485 (through my spouse) and got EAD and AP.I have started working on my EAD. Recently we have received a mail from the consulate saying my H1 was denied and there was a note saying
"section 212 (a) (6) (c) which prohibits unlawful misrepresentation. See form DSL-851 for further details . ". (Not sure what triggered this?). I couldn't find this form anywhere, what is this form?
We have sent an email to US consulate abroad, asking for reasons and future steps, and we have received a response saying
"your case has been fowarded to the USCIS for a final determination. As for your H-4 visa, a decision may not be taken until the USCIS makes a final determination in your case by the USCIS."
Can you advice us what to do next?
1. Will it be possible to withdraw the H1-B application from USCIS?
2. Approximately how long it may take to get a final decision?
3. Is it better to contact USCIS about the case?
4. Will there be any impact of this on my 485 application? or on any future immigration processes?
5. Will there be any problem while entering or leaving the country?
6. Does USCIS notify us about the final decision?
7. Is it better to seek help from Senator in this matter to know what is the decision on our case?
Please advice on this matter as we have travel plans next month.
Thanks in advance for your help.
Here is my situation, I have entered US on H-4 and after sometime I have applied for H1(Change of status) through a consulting company. I have worked for this company for 3 months.
When I went for H1 stamping,visa officer said that my case need to go through Administrative processing . I came back on H-4.
We have applied for 485 (through my spouse) and got EAD and AP.I have started working on my EAD. Recently we have received a mail from the consulate saying my H1 was denied and there was a note saying
"section 212 (a) (6) (c) which prohibits unlawful misrepresentation. See form DSL-851 for further details . ". (Not sure what triggered this?). I couldn't find this form anywhere, what is this form?
We have sent an email to US consulate abroad, asking for reasons and future steps, and we have received a response saying
"your case has been fowarded to the USCIS for a final determination. As for your H-4 visa, a decision may not be taken until the USCIS makes a final determination in your case by the USCIS."
Can you advice us what to do next?
1. Will it be possible to withdraw the H1-B application from USCIS?
2. Approximately how long it may take to get a final decision?
3. Is it better to contact USCIS about the case?
4. Will there be any impact of this on my 485 application? or on any future immigration processes?
5. Will there be any problem while entering or leaving the country?
6. Does USCIS notify us about the final decision?
7. Is it better to seek help from Senator in this matter to know what is the decision on our case?
Please advice on this matter as we have travel plans next month.
Thanks in advance for your help.
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eb3_nepa
06-20 09:57 AM
stucklabor,
Thanks for your post. It's good to hear the perspective of a core member of IV like yourself. I understand your point of view but respectfully disagree with your definition of the greatest good. The greatest good will not be achieved by just passing the labor cert. stage. The greatest good is achieved once we have the GC card. Your effort on retrogression to benefit 250k & 200k is plausible. But you help them to pass one bridge, to just get stuck on the next. If there are 25k people stuck in name check at this time, imagine what will happen when the estimated 200k-250k reach that stage.
If the 25k spent in average 3 years in the name check, what will be the wait time for that massive population that are headed that way after retrog & labor cert? The EB process is a big picture and the greatest number will not get the greatest good until all these obstacle are resolved all the way to the end.
sroym, i think the point stucklabor was trying to make is, that currently most of the people are stuck in retrogression and labour which makes things far more unbearable than actually having an EAD/AP and such benefits. There is a whole thread on this discussion where members of all nationalities have complained about IV not taking the FBI name check issue seriously. I think the moot point that IV core members are focussing on is, the fact that retrogression is making life unbearable for just about everyone. Plus given the following facts:
1) A Serious Majority of the IV members are affected more by retrogression+labor as compared to FBI name checks. and
2) IV core members have full time jobs and spouses and are working pro-bono for the good of everyone and money collected is also coming in slowly and thorugh the IV members themselves.
These 2 facts mean that both time and money is at a premium and they have to spend it solving the problem they originally started to solve. Believe me, some of the core members themselves are stuck with the FBI name check issue for the past 2 years or so.
Given all these facts, you have to understand where IV and it's mission/policy stands. To my understanding the policy is "One step at a time".
Thanks for your post. It's good to hear the perspective of a core member of IV like yourself. I understand your point of view but respectfully disagree with your definition of the greatest good. The greatest good will not be achieved by just passing the labor cert. stage. The greatest good is achieved once we have the GC card. Your effort on retrogression to benefit 250k & 200k is plausible. But you help them to pass one bridge, to just get stuck on the next. If there are 25k people stuck in name check at this time, imagine what will happen when the estimated 200k-250k reach that stage.
If the 25k spent in average 3 years in the name check, what will be the wait time for that massive population that are headed that way after retrog & labor cert? The EB process is a big picture and the greatest number will not get the greatest good until all these obstacle are resolved all the way to the end.
sroym, i think the point stucklabor was trying to make is, that currently most of the people are stuck in retrogression and labour which makes things far more unbearable than actually having an EAD/AP and such benefits. There is a whole thread on this discussion where members of all nationalities have complained about IV not taking the FBI name check issue seriously. I think the moot point that IV core members are focussing on is, the fact that retrogression is making life unbearable for just about everyone. Plus given the following facts:
1) A Serious Majority of the IV members are affected more by retrogression+labor as compared to FBI name checks. and
2) IV core members have full time jobs and spouses and are working pro-bono for the good of everyone and money collected is also coming in slowly and thorugh the IV members themselves.
These 2 facts mean that both time and money is at a premium and they have to spend it solving the problem they originally started to solve. Believe me, some of the core members themselves are stuck with the FBI name check issue for the past 2 years or so.
Given all these facts, you have to understand where IV and it's mission/policy stands. To my understanding the policy is "One step at a time".
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Randy
02-22 07:43 PM
Guys,
Its quite a gathering out here who have shown some interest or support for the Green card issue for the PhDs. I see numbers increasing slowly. I am networking and try to get more PhDs involved and become aware of the PACE Bill. Friends from many universities are contemplating the line of action to get a change in the language as well as to include the current PhD students/PhD holders in getting benefits from the bill.
I and my friends have drafted a letter and will be sending to our senator (Allen Specter) very soon. It will be great if many more enthusiasts come out and show their support / give their suggestions openly.
So lets keep it rolling.
Its quite a gathering out here who have shown some interest or support for the Green card issue for the PhDs. I see numbers increasing slowly. I am networking and try to get more PhDs involved and become aware of the PACE Bill. Friends from many universities are contemplating the line of action to get a change in the language as well as to include the current PhD students/PhD holders in getting benefits from the bill.
I and my friends have drafted a letter and will be sending to our senator (Allen Specter) very soon. It will be great if many more enthusiasts come out and show their support / give their suggestions openly.
So lets keep it rolling.
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pooja_34
05-28 10:27 AM
Not sure why you guys still use the paper filing route rather than e-filing. Then you wouldnt be wondering about check cashing etc etc. I have e-filed for both AP and EAD for the last 3 years. Last time my wife's e-filed EAD came in less than 4 weeks.
Wake up people .... E-filing is better than paper filing !!!
Wake up people .... E-filing is better than paper filing !!!
Guig0
01-06 06:54 AM
Originally posted by Makaveli
ooooooooh, Guuig0 is a poet and shakespeare lover!!! .....but, you are seriously scaring me Guig0 with that shakespeare stuff...i failed many essays and tests on that dude and his stories...
No shakeaspere man, TOLKIEN! I have read all his works :)
ooooooooh, Guuig0 is a poet and shakespeare lover!!! .....but, you are seriously scaring me Guig0 with that shakespeare stuff...i failed many essays and tests on that dude and his stories...
No shakeaspere man, TOLKIEN! I have read all his works :)
nat23
06-14 05:44 PM
^^^^^
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