insbaby
07-18 03:51 PM
when i spoke i didnt speak to normal CS rep they forwarded to me Info officer at Nebraska service center , now the key point is they clearly informed us that they have withdrawn the earlier notice and they said they have to open these july files. If they have just completed june filings they wouldnt have even touched july ones for sure. May be the ones returned which are very small in number are for casing whose dates are not current . for ex. if some one has sent app in normal pririty post expecting to reach on july 2 but reached early and got rejected it happened. so its pretty clear none of us have got the files back , all of three attorneys to comp said the same , my friends attorneys said the same , so we dont get in to too many things now , lets wait till next week or around 25th if we still dont receive then they asked me call back so that they can escalate this , she claims even when they reject they have to create a rejection letter and she clearly told that she was not aware that NSC did that type for these July ones.
Are we looking to get the packages back?
Are we looking to get the packages back?
wallpaper Sub Zero vs Batman wallpaper
svr_76
06-14 03:11 PM
Yes a new memo was issued in 2009 (After DHS confirmed that they have worked with FBI to reduce the response time.) Now since FBI claims that 90/95% of the requests are happening within 6 months. DHS/USCIS is not allowing automatic approval of GC is FBI check was the only peice pending and was pending for more than 180 days.
gjoe
06-13 11:27 AM
It is very easy to prove that USCIS did injustice to those with EB3 dates prior to 2004 or 2005 if they stick to the rule of FIFO.
If the first criteria is met, everyone with a PD older than the lastest EB3 ( I know some who got approved with EB3 PD Jan2007)approved so far should also be approved. Or USCIS should go and revoke the GC's to newer PD and allocate them to older PD in the EB category ( I don't like this option).
So let us dream and someday it will come true. If we scream soon our throat will go dry.
Peace...
If the first criteria is met, everyone with a PD older than the lastest EB3 ( I know some who got approved with EB3 PD Jan2007)approved so far should also be approved. Or USCIS should go and revoke the GC's to newer PD and allocate them to older PD in the EB category ( I don't like this option).
So let us dream and someday it will come true. If we scream soon our throat will go dry.
Peace...
2011 sub zero wallpaper mortal
ski_dude12
11-10 02:41 AM
I believe your answer below was related to this situation:
Consider this:
If someone renews his/her H1B after 6 years based on approved I-140. Assuming that dates are not current, the H1B gets renewed for 3 years.
In this scenario if the pending I-485 gets denied, what happens to the current H1B? Does that also get invalidated as it's renewal was based on a pending I-485 and approved I-140?
Thanks,
-Ski
AS I understand : After 6 years, the moment I-485 is denied H1 becomes invalid.
Employee-Employeer can be in agreement to use "Unauthorized work protection - 245(k) - six months", continue to work and immediately apply MTR.
This is complex area and I don't understand fully. Please don't give red dots for these tough questions. I already reduced giving answers from 5-6 per day to one in 5-6 day.
Consider this:
If someone renews his/her H1B after 6 years based on approved I-140. Assuming that dates are not current, the H1B gets renewed for 3 years.
In this scenario if the pending I-485 gets denied, what happens to the current H1B? Does that also get invalidated as it's renewal was based on a pending I-485 and approved I-140?
Thanks,
-Ski
AS I understand : After 6 years, the moment I-485 is denied H1 becomes invalid.
Employee-Employeer can be in agreement to use "Unauthorized work protection - 245(k) - six months", continue to work and immediately apply MTR.
This is complex area and I don't understand fully. Please don't give red dots for these tough questions. I already reduced giving answers from 5-6 per day to one in 5-6 day.
more...
Slowhand
07-19 02:38 PM
Slowhand, No Offense...If I were you, I would first contribute and then deal with this later. High time to contribute. If you have already contributed, please urge your friends to do so.
Just a suggestion, sooner or later that's the way it should be. No offense taken.
Just a suggestion, sooner or later that's the way it should be. No offense taken.
sfcwtu
09-17 12:51 PM
The amendments will go on until Lofgren withdrawn HR6020. I hope she gives it up sooner.
more...
h14life
07-18 10:44 PM
This is applicable when 140 has been approved. If 485 is retrogressed then you will get 3 year extension. If it's current you will get 1 year extension. Guess depends on luck. For e.g if some one has applied for extension in July he/she will now get only 1 year. I found this in a lawyer's chat transcripts.
yes i believe so. i applied my 8th yr h1 ext on may 16 and requested 3 yrs ext. with receipt date may 22. in june my 485 was current. filed for 485 end of june. file prob. reached there on july 2nd. fiasco announcement. july 17th mess is patched up saying dates are current. on july 18th i get a response from atty saying i got 1 yr ext. even though 3 yrs were requested. this is because my dates were current in june & july when they processed h1 ext. but it's a pain to process h1 ext each year based on 1 yr ext.
yes i believe so. i applied my 8th yr h1 ext on may 16 and requested 3 yrs ext. with receipt date may 22. in june my 485 was current. filed for 485 end of june. file prob. reached there on july 2nd. fiasco announcement. july 17th mess is patched up saying dates are current. on july 18th i get a response from atty saying i got 1 yr ext. even though 3 yrs were requested. this is because my dates were current in june & july when they processed h1 ext. but it's a pain to process h1 ext each year based on 1 yr ext.
2010 mortal kombat sub zero
gene77
10-16 04:37 PM
How do we know we're stuck in the namecheck process?
Does the on-line status state that the application is in the namecheck 'phase' or something to that effect?
Thanks,
Does the on-line status state that the application is in the namecheck 'phase' or something to that effect?
Thanks,
more...
jthomas
06-18 01:13 AM
Let me tell you about my experience. I had accident two times one on the street in front of stop sign. My mistake. The other guy hired an attroney to get claims from me. My insurance attroney went on asking for more and more time and finally they made a settlement around $2K. This is a normal american negotiation
My second accident, it was on the freeway and a BMW car hit me at the speed of 70 miles. Called 911 and medical came and asked me whether i was okay and i had no problem the other car bumper was dislogged. They went to nearest medical hospital and was reported a scratch on their body. They made a big claim. My insuarance lawyers were not able to solve the case so the insurance lawyers hired a expert lawyer for me. I met the expert lawyer and he asked me about the accident. He told me that this is a normal way of opening a big window and the insurance lawyer has to close them. Once i got the court paper work he replied with a letter for 90 days time then delayed more. The other party was paying for his hired laywer to sue me and was draining money in the end he signed a full release paperwork with little payment.
Another case, of my nearest friend, Her daughter was tralleving with her friend who was driving the car and dashed on a pole and the passenger girl died on the spot. The girls parrents put a lawsuit and the other person had millions in his bank account (the car was insured with min requirement 15K/30K..) the case went till 4 years and in the end the lawyers made money and settled the case. They blamed the state for roads.
This is how the lawyers make money. Don't worry about anything. Take it easy Whatever happens. If you want remove money for your personal expense like parents needs in india and send them. It will take 18 months to solve and the judges are also bored becasue they hear them everyday.
My insurance lawyer told me this is the way we all make money so don't worry don't talk to the other party. If you get any letters send to the insurance company.
there was a another accident one indian driver made a left turn when the lights were green and three cars hit him. He had minimum insurance and he emotionally suffered for few months. All the other cars who hit had to fix their cars.
(all the above incident happened in CA, and i had been in US(CA) for 7 years).
Don't worry. I drive 100 miles on a busy freeway everyday. Nothing happens if you don't have money.
J thomas
My second accident, it was on the freeway and a BMW car hit me at the speed of 70 miles. Called 911 and medical came and asked me whether i was okay and i had no problem the other car bumper was dislogged. They went to nearest medical hospital and was reported a scratch on their body. They made a big claim. My insuarance lawyers were not able to solve the case so the insurance lawyers hired a expert lawyer for me. I met the expert lawyer and he asked me about the accident. He told me that this is a normal way of opening a big window and the insurance lawyer has to close them. Once i got the court paper work he replied with a letter for 90 days time then delayed more. The other party was paying for his hired laywer to sue me and was draining money in the end he signed a full release paperwork with little payment.
Another case, of my nearest friend, Her daughter was tralleving with her friend who was driving the car and dashed on a pole and the passenger girl died on the spot. The girls parrents put a lawsuit and the other person had millions in his bank account (the car was insured with min requirement 15K/30K..) the case went till 4 years and in the end the lawyers made money and settled the case. They blamed the state for roads.
This is how the lawyers make money. Don't worry about anything. Take it easy Whatever happens. If you want remove money for your personal expense like parents needs in india and send them. It will take 18 months to solve and the judges are also bored becasue they hear them everyday.
My insurance lawyer told me this is the way we all make money so don't worry don't talk to the other party. If you get any letters send to the insurance company.
there was a another accident one indian driver made a left turn when the lights were green and three cars hit him. He had minimum insurance and he emotionally suffered for few months. All the other cars who hit had to fix their cars.
(all the above incident happened in CA, and i had been in US(CA) for 7 years).
Don't worry. I drive 100 miles on a busy freeway everyday. Nothing happens if you don't have money.
J thomas
hair sub zero wallpaper mortal
Desertfox
11-01 04:41 PM
What is this reverse brain drain ? there is no such thing - folks who are here are going to hang on tooth & nail to stay here come hell or high water - the only ones who are going back are the ones who have no other option.
Or they have way more options than you or me!! Don't envy those guys who move around the world like free birds not thinking twice about leaving the green card process half way, and unlike us they probably will earn more after leaving US. Your post shows lots of frustration..... take it easy man!:D
Or they have way more options than you or me!! Don't envy those guys who move around the world like free birds not thinking twice about leaving the green card process half way, and unlike us they probably will earn more after leaving US. Your post shows lots of frustration..... take it easy man!:D
more...
greencard_fever
06-12 12:20 AM
You are saying new OBAMA govt. in many of your postings. Are you his election agent?. This forum is not for any party affiliations. Election is yet to start. Democratic party is not officially announced their candidate. All powerful President Bush is tried hard to help immigrants. Then how come a weak person who is still fighting for a ticket can take left and right congress and senete veterans.!!!!!!
What are you talking? which part of the world do you belong? Obama is the democratic candidat for 2008 Presidential Elections Its conformed.He is not still fighting and also he how can you justify that he is a weak person? do you know he was no where in the picture and no one expected he will won the nomination when the Democratic Primary was begun..now he is the democratic PRESIDENTIAL NOMINEE..by now you should have undestand how powerful he is.
What are you talking? which part of the world do you belong? Obama is the democratic candidat for 2008 Presidential Elections Its conformed.He is not still fighting and also he how can you justify that he is a weak person? do you know he was no where in the picture and no one expected he will won the nomination when the Democratic Primary was begun..now he is the democratic PRESIDENTIAL NOMINEE..by now you should have undestand how powerful he is.
hot the Sub-zero wallpaper is
chanduv23
04-28 04:17 PM
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
AFAIK:
AC21 is not a law, just a guidance. Assume an immigration case goes to court hearing, the judge would completely ignore AC21 guidelines. Any employment per AC21 will be considered unlawful in this case. The probability of a case going to court is not very common though.
The above is just FYI.. You can google for more info.
Don't let lack of knowledge and fear of oppression take over your "thought process".
AC21 is a public law - 106-313 .
AC21 can very well be challenged in court. The reason AC21 cases do not go to courts is because they are resolved through MTRs.
The issue with all this is that we are not raising our voices loud enough about this training issue or procedural issue ant it is always the individual who deals with the case at individual level by filing MTR.
The entire beurocracy and red tape that one has to deal with in such instances is an issue. People have to file MTR - pay legal fee, involve lawmakers if they don't get response soon, write to Ombudsman .....
So lets stop all "speculation", "fear mongering", "own intrerpretations" and work towards helping ourselves
AFAIK:
AC21 is not a law, just a guidance. Assume an immigration case goes to court hearing, the judge would completely ignore AC21 guidelines. Any employment per AC21 will be considered unlawful in this case. The probability of a case going to court is not very common though.
The above is just FYI.. You can google for more info.
Don't let lack of knowledge and fear of oppression take over your "thought process".
AC21 is a public law - 106-313 .
AC21 can very well be challenged in court. The reason AC21 cases do not go to courts is because they are resolved through MTRs.
The issue with all this is that we are not raising our voices loud enough about this training issue or procedural issue ant it is always the individual who deals with the case at individual level by filing MTR.
The entire beurocracy and red tape that one has to deal with in such instances is an issue. People have to file MTR - pay legal fee, involve lawmakers if they don't get response soon, write to Ombudsman .....
So lets stop all "speculation", "fear mongering", "own intrerpretations" and work towards helping ourselves
more...
house mortal kombat women
vsrinir
09-17 11:49 AM
See how Numbers USA propaganda
They are saying these bills grant Amnesty.
I pity them.
GOD BLESS AMERICA
http://www.numbersusa.com/content/
Please contact your U.S. Representative through the Capitol Switchboard (202-224-3121) and ask him/her to do everything possible to stop the passage of three bills in the House Judiciary Committee today: H.R. 5882, a bill that would add an additional 550,000 permanent green cards; H.R. 5924, which would add 20,000 additional foreign nurses per year for three years (plus their families); and H.R. 6020, which would grant amnesty to the illegal-alien spouses, children, brothers, sisters and parents of all 23 million U.S. military veterans
They are saying these bills grant Amnesty.
I pity them.
GOD BLESS AMERICA
http://www.numbersusa.com/content/
Please contact your U.S. Representative through the Capitol Switchboard (202-224-3121) and ask him/her to do everything possible to stop the passage of three bills in the House Judiciary Committee today: H.R. 5882, a bill that would add an additional 550,000 permanent green cards; H.R. 5924, which would add 20,000 additional foreign nurses per year for three years (plus their families); and H.R. 6020, which would grant amnesty to the illegal-alien spouses, children, brothers, sisters and parents of all 23 million U.S. military veterans
tattoo pictures mortal kombat 9 wallpaper sub mortal kombat wallpaper sub zero.
orangutan
10-03 11:57 PM
You dirt boy, don't you remember you were born in the next dumpster to me?:D:D:D
Who knows whether they asked or not, tell me what did you fill out in the visa form. Did you mention you will apply for GC, may be they gave you visa before filling out the application??:p:p:p
Now I know who took my certificates from the dumpster, that is yooooooou:p
Mr.Dump master, 'I' is always typed in CAPS. Go get Rapidex:p
Were you born in a dumpster? You are assuming so many things here.
Whatever Kumar1 may apply to some F-1 students, but not to the cream of the crop.
Nobody asked me if I have immigration intent... they saw that i had I-20 from Cornell, MIT & UMBC and simply asked "Why cornell?". And before i could say anything she smiled and said "welcome to united states"... hah..suck on that
i bet that "jangli maharaj university" you got your diploma from is making your entire family very proud :):):):)
Who knows whether they asked or not, tell me what did you fill out in the visa form. Did you mention you will apply for GC, may be they gave you visa before filling out the application??:p:p:p
Now I know who took my certificates from the dumpster, that is yooooooou:p
Mr.Dump master, 'I' is always typed in CAPS. Go get Rapidex:p
Were you born in a dumpster? You are assuming so many things here.
Whatever Kumar1 may apply to some F-1 students, but not to the cream of the crop.
Nobody asked me if I have immigration intent... they saw that i had I-20 from Cornell, MIT & UMBC and simply asked "Why cornell?". And before i could say anything she smiled and said "welcome to united states"... hah..suck on that
i bet that "jangli maharaj university" you got your diploma from is making your entire family very proud :):):):)
more...
pictures kombat wallpaper sub zero.
royalk2c2
01-31 06:26 PM
Also if you have multiple browsers (IE, Firefox), you can vote from each of them once :D
dresses the official Mortal Kombat
pd_recapturing
04-02 08:58 PM
fyi, I had a soft LUD today on my 485..
your profile says that your application is pending with NSC? I was asking about TSC. Please clarify. Anyone else??
your profile says that your application is pending with NSC? I was asking about TSC. Please clarify. Anyone else??
more...
makeup Featured on:Mortal Kombat
jsb
11-13 09:03 AM
Why do you think that i was 'surprised'?? I was just making a point that this policy was absurd!
EAD is only an interim authorization to work until decision on your application is made. It is not a permanent authroization to work. Think of it, if you could not work unless someone has approved your application.
EAD is only an interim authorization to work until decision on your application is made. It is not a permanent authroization to work. Think of it, if you could not work unless someone has approved your application.
girlfriend mortal kombat wallpaper sub
gc28262
01-28 04:01 PM
Memos are for interpretation of laws by USCIS. Any memo is advisory in nature and does not have force of law. These memos, unless challenged and turned downed by court or withdrawn, are valid.
Your saying that memo is illegal does not mean anything more than your personal opinion.
H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.
PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.
___________________
Not a legal advice.
I know what you are referring to. USCIS has tried to raise this issue in the past in 2 instances. Once in 1990s and another in 2006 timeframe. In both cases lawyers were able to force USCIS to back down. Lot of consulting company applications have been approved since then.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
Please refer this link
http://www.murthy.com/news/n_repatt.html
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer’s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer’s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Your saying that memo is illegal does not mean anything more than your personal opinion.
H-1B petitions have denied in past based on employer-employee relationship, unable to specify duties at end client, and self employment cases. If you are interested, let me know, I will put links here.
PS: This does not mean that I personally agree/disagree with the memo. This is just to show the legal aspect of it.
___________________
Not a legal advice.
I know what you are referring to. USCIS has tried to raise this issue in the past in 2 instances. Once in 1990s and another in 2006 timeframe. In both cases lawyers were able to force USCIS to back down. Lot of consulting company applications have been approved since then.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
Please refer this link
http://www.murthy.com/news/n_repatt.html
Legacy INS (now USCIS) raised many similar issues, in the early- to mid-1990s, regarding the length and nature of the projects in the U.S., timetable of assignments, and the H1B employer’s ability to pay the required prevailing wage. Senior Legacy INS officials from headquarters in Washington DC addressed the concerns of those examiners by pointing out that the law does not permit them to investigate a U.S. employer’s ability to hire H1B employees. The USCIS is bound by memos and policy guidance of the Legacy INS. After that memo, Legacy INS stopped issuing lengthy RFEs on these matters.
The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
hairstyles Sub Zero 2 Mortal Kombat by
feedfront
08-18 04:00 PM
But, when will my time come to apply?? :confused:
wikipedia_fan
03-31 10:19 AM
More likely cause is that the letter from the applicant notifying his new job never reached/registered in CIS systems.
Did the person send the letter in time? Was there any intermediate change in status between NOID and actual denial status? This is crucial to know before jumping to conclusions.
Hello,
Here is my case trail
worked with employer A from June 2005 on h1b visa.
Employer A applied for GC under PERM EB2 with PD - March, 2nd 2006 - labor approved in a couple of weeks
Employer A applied for i 140 in June 2006 and got approved in July 2006
Filed for i 485 in July 2008 never received FP notices
Project got over in last week of February 2008 and unable to find new project.
I switched jobs in last week of April 2008 using EAD - using AC21
Sent AC21 letter to USCIS in July 2008 about job change.
Employer A requested 140 revoke in August 2008.
Spouse got FP notice in August 2008 whereas I (primary) got NOID asking for new employment details.
Responded to NOID in a timely manner and on August 25th, 2008 - my status changed to "Response received - case processing resumed"
In Jan 2009 I got my FP notice.
In Jan 2009 - I travelled using AP and got back fine.
In March 2009 - I got a denial notice saying "485 is denied because 140 was revoked on August 2008. No appeal only MTR" - thisletter comes from a different officer id than the one who sent the NOID.
My question to UN and other gurus. Does it have anything to do with a changed interpretation? My lawyer says "This is a training issue - the new officer did not know about AC21 and as soon as he/she saw 140 as revoked - just ignored your other details on the case and issued a denial notice. This is very common and can be resolved using MTR"
Did the person send the letter in time? Was there any intermediate change in status between NOID and actual denial status? This is crucial to know before jumping to conclusions.
Hello,
Here is my case trail
worked with employer A from June 2005 on h1b visa.
Employer A applied for GC under PERM EB2 with PD - March, 2nd 2006 - labor approved in a couple of weeks
Employer A applied for i 140 in June 2006 and got approved in July 2006
Filed for i 485 in July 2008 never received FP notices
Project got over in last week of February 2008 and unable to find new project.
I switched jobs in last week of April 2008 using EAD - using AC21
Sent AC21 letter to USCIS in July 2008 about job change.
Employer A requested 140 revoke in August 2008.
Spouse got FP notice in August 2008 whereas I (primary) got NOID asking for new employment details.
Responded to NOID in a timely manner and on August 25th, 2008 - my status changed to "Response received - case processing resumed"
In Jan 2009 I got my FP notice.
In Jan 2009 - I travelled using AP and got back fine.
In March 2009 - I got a denial notice saying "485 is denied because 140 was revoked on August 2008. No appeal only MTR" - thisletter comes from a different officer id than the one who sent the NOID.
My question to UN and other gurus. Does it have anything to do with a changed interpretation? My lawyer says "This is a training issue - the new officer did not know about AC21 and as soon as he/she saw 140 as revoked - just ignored your other details on the case and issued a denial notice. This is very common and can be resolved using MTR"
sac-r-ten
03-29 01:47 PM
In my opinion you are doing the right thing by reporting against your employer to DOL. DOL take their own time. But I have known a case where the employer had to shut-shop coz of complaints from former employees.
As some others have mentioned, look out for transfers with consular processing and get back here.
Good luck with everthing.
As some others have mentioned, look out for transfers with consular processing and get back here.
Good luck with everthing.
No comments:
Post a Comment