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  • immitul
    10-27 04:54 PM
    So u are saying if she uses her EAD/ AP then my H1b is no longer valid? BTW she got her h1b visa in the lottery earlier this year.

    Spouse using EAD, has no affect on your H1.

    My wife has H1B and she got EAD now. She plans to use her EAD soon, so H1 status gets automatically canned.





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  • priderock
    04-27 12:20 PM
    I think, Radioshack CEO resigned recently after some one exposed about the lies on resume about the education.





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  • shana04
    01-30 11:21 AM
    Any feedback on this is appreciated.

    As both your I 140 are approved, I do not see any major problem. any wasy you are planning to use AC21. Why dont you use your attorney, in that way you can feel secure. If I 140 approved + 180 days from receipt date you should be fine.

    But I would advice you to take any expert opinion. But use your own lawyer and I believe you will do fine

    Good luck





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  • morchu
    05-13 09:50 AM
    I have no question about that. The immigration intent was proven at the time he filed 140.
    But intent is not something which stays forever.

    In another way, even after filing 485 (or even after GC), staying outside of US for lengthier period of time itself is considered as an intention not to permanently stay in US, and can be used as a reason to revoke GC. So in a way USCIS interprets long absence from US as an intention of not immigrating (even if it is for a completely separate cause).

    I know that one of my friends parents after getting GC, revoked them, and later wanted to visit their son and got approved for visitor visa.

    I know it may not be easy, but all I am saying is "it is NOT a closed door". The argument should be "intent was there but not now". And it is on the applicant's shoulder to prove, "why not now".

    "immigrant intent" is proven/shown when and if one files "immigrant petition"



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  • amitga
    03-05 01:51 PM
    They have a provision for deporting legal (and illegal) immigrants on their first DUI conviction. Seems to me they are now serious about creating an officialy declared permanent underclass in this country. The house Democrats are also singing the same chorus. I just can't believe that these are the same Democrats who we thought will replace the Republican Congress on the Hill and legalize every immigrants in this country. There were very few on this forum who thoght otherwise during 2006-CIR failure in the Republican congress.:mad:

    Where are the details of the bill? I am not able to find it anywhere.





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  • indianabacklog
    06-25 11:35 AM
    Had to pay all fees myself. Filed myself so no lawyer fees.



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  • javadeveloper
    11-25 05:13 PM
    One of my friends got GC without any problems.He got substitution labor.

    Another friend (who didn't changed his employer) got RFE asking for employment verification letter.But many of his friends got GCs even after changing employer without any RFE.

    USCIS really rocks :D:D:D





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  • Dhundhun
    08-05 05:13 PM
    1% to 5% cases are listed in .

    Aug 6, 2008 @ 6:30PM EST:

    For EB2 chargeability India: So far in Aug we have 36 GC approvals listed in .

    TSC 34( cases) - 680(based on 5%) to 3400(based on 1%)
    NSC 02( cases) - 040(based on 5%) to 0200(based on 1%)

    Aug 5, 2008 @ 5:00PM EST:

    For EB2 chargeability India: So far in Aug we have 25 GC approvals listed in .

    TSC 23( cases) - 460(based on 5%) to 2300(based on 1%)
    NSC 02( cases) - 040(based on 5%) to 0200(based on 1%)



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  • immilaw
    12-14 11:42 AM
    This is what I meant when I said how they are doing random enforcement raids to bring CIR back onto the front burner. Way to go.

    3-4 more big raids like these and CIR will be passed in a jiffy.





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  • jkays94
    07-11 09:37 PM
    Wasn't it Condi who said that this fiasco was a 'small inconvenience' to the applicants ?? A creative open letter ad highlighting the absurdity of this comment in a major paper would drive the message home, just like Alberto Gonzalez's classmates from Harvard did when they published an ad in the Washington post : http://websrvr80il.audiovideoweb.com/il80web20037/ThinkProgress/2007/Page%20A13%205-15-07.pdf



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  • InLineOnLine
    03-10 08:38 PM
    Thanks for your response. She has some time spent on vacation. I will talk to the employer to see if they can help us out in this matter.

    Regards.





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  • Berkeleybee
    02-09 07:36 PM
    All,

    I posted this text at some Immigration Portal threads today to address concerns that IV is only focused on retrogression. Please feel free to edit and post at other forums or other threads on Immig Portal.

    I. IV MEMBERS AT EVERY STAGE
    � We have members at each stage of the process: labor certification backlog, retrogression backlog, USCIS backlog. Some of our most active members have not got their labor certification.
    � Members who are further along have not forgotten the length of delay and pain of the previous step. We are ALL really in the same boat.

    II. WE EMPHASIZE THE EFFECT OF CUMULATIVE DELAYS
    � The most devastating problem for EB green card applicants is the cumulative effect of delays at each stage. Each delay in isolation may even be bearable (only in theory) but when you pile one on top of the other it is unconscionable. We emphasize this in our new presentation (out shortly).
    � When we meet with lawmakers or talk with other organizations in the coalition we give personal examples and it is this fact of delay piling on top of delay that most of them are shocked by.

    III. DOL-BEC & USCIS BACKLOGS ARE ALREADY SUBJECT TO CONGRESSIONAL & PRESIDENTIAL MANDATES
    � DOL-BECs were created as a result of considerable protest and intervention by Congress.
    � USCIS Backlog Processing is also subject to Presidential mandate � for 6 months processing by September 2006. Congressional hearing transcripts show that members of Congress are well aware of these issues, even the problems with repeat fingerprinting etc.
    � So both DOL-BEC and USCIS Backlog Processing are at the stage of implementing bureaucratic changes, implementing Congressional and Presidential mandates.
    � We *are* pressing for transparency and better implementation at both these stages, as well as for 3 year extensions of H-1Bs, EADs and Advance Paroles for those who are stuck in the Green Card process instead of the current one year.

    IV. RETROGRESSION HAS BEEN TOTALLY IGNORED BY CONGRESS & THE PRESIDENT
    � In contrast to DOL-BEC and USCIS Backlog Processing, Congress has never addressed the issue of Retrogression.
    � So the Retrogression problem is a systemic, policy problem.
    � It will affect all of us eventually, no matter what stage we are at. And it is only going to get worse, and the delay at this stage is the longest of all. Even if cutoff dates move forward, there is nothing to stop them from moving back again once USCIS starts processing visas faster (see posts on how visa cutoff dates are determined).
    � It took a tremendous amount of effort to get Congressional and Presidential mandates to do something about DOL and USCIS backlogs and it will take a tremendous amount of effort to get Congressional action on Retrogression.

    In summary, we urge you to get involved with Immigration Voice (http://www.immigrationvoice.org) no matter at what stage of the green card process you are. We are all in the same boat. Immigration Voice is getting your issues heard wherever it goes. We are totally committed to getting the job done - this is not a half-hearted group of people. Look at what we have done in just 40 days.

    With Comprehensive Immigration on the anvil and with PACE bringing the issue of American Competitiveness and the need for skilled and qualified immigrants, there can be no better time to highlight our problems. Legislative changes are necessary for us and the only way that can happen is if you get involved.

    RECENT IMMIGRATION VOICE ACTIVITIES:
    � Signing with Quinn Gillespie & Associates (http://www.quinngillespie.com/) who will work with us to (a) get corporate sponsorship
    (b) get access to key policymakers
    (c) craft an effective legislative strategy
    (d) design a media strategy

    � Meeting Lawmakers
    � Coordinating with other groups like Compete America
    � Getting the word out in the community
    � Setting up of the organizational and resource infrastructure including the website and forums for discussion
    � A tremendous amount of behind the scenes efforts to improve the quality of our materials and message.


    Visit our website at www.immigrationvoice.org and get involved!



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  • smgms
    07-01 10:21 AM
    First of all thank you for your reply. Here is what happened with my case.

    1. Two weeks back got FP notice for my wife. FP is scheduled for next week.
    2. This week I received an RFE email for my case, still waiting for the actual Mail.
    3. Next day received the email "Document Sent to Applicant" for my wife's case.

    I used AC21 to change the employers. Can you guys let me know.

    1. where the RFE mail will be sent, old lawyer, new lawyer or to me?
    2. What do they mean by "document sent to applicant", which document are they talking about?

    Thanks in advance for your help!!





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  • kondur_007
    05-10 09:22 AM
    why does everyone on the forum get excited so easily?the proposals from CIR are just that-proposals. a bill has to be debated by both senate and house of reps and passed, then approved and signed by president to make it a law. Most bills do not become laws. The information of mere proposals has people all over the forum debating, arguing and doing all kinds of analysis about the various proposals in the CIR bill. So much speculation about something that is at an infantile stage makes me wonder what will happen if any of the proposals actually becomes a law!! i am sure many people in the forum will have heart attacks!!

    I see your way of viewing this; but I have to disagree with you on this.

    We have to do something for ourselves and for the future high skilled immigrants; it is now or never.

    It is not just about the "proposal"; everyone here knows that it is just a proposal and it has long ways to go. However, if we do not work on our agenda now, chances of getting any of our provisions in any future immigration bill are slim.

    Do you have any other proposal as to "what should we do"; besides "not doing anyting"? If you do, we are more than happy to hear your opinion.

    I am sorry to say and do not mean to offend you, but if you think outside the "box" of the proposal; this is the right environment to promote our agenda and bring the awareness of high-skilled immigrantion issues.



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  • myan88
    03-29 10:29 PM
    I need help on my 140 filings. My situation is:

    02/2004, applied EB3 LC, pending until 02/2007

    10/2005, applied PERM EB2, LC & 140 approved, but unable to file 485 due to retrogession

    in 02/2007, my EB3 was certified. I asked attorney to file EB3 140 to capture this earlier PD to my EB2 case.

    But the attorney hired by my company refused to file another EB3 140. His reason is: it may be questioned by USCIS to file a EB3 140 after EB2 140 is approved -- my job position is downgraded. And back and forth I will still use EB2 to apply 485, then it may bring the company to a potential fraud issue, blah, blah...

    I know that the company is reluctant to let me get gc quickly, so the attorney found this excuse. I did not find strong proof to refute this excuse.

    Is there any legal proof (like USCIS memo, AILA Liasion meeting minute, etc) to refute this excuse and convince the employer to go ahead to file 140 for me?

    Thanks





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  • howzatt
    04-13 12:25 PM
    Thats a pretty tough spot to be in. You can try finding a H1B sponsor for yourself and transfer? How about looking for a H1B sponsor for your wife? I believe the H1B quota did not fill up this time.



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  • santb1975
    11-21 02:31 PM
    to every around here





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  • greenmonster
    07-19 08:39 AM
    Hi,
    Could you please advice for the below case.

    Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?

    Thanks





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  • langagadu
    05-01 03:06 PM
    You still have to go through an attorney but I think you are fine as long as you went out of USA and got in after your H1-B approval in 2003.
    I think legal stay is counted from the last entry.


    Hi all;

    Questions if anyone has ever seen an RFE like this one.
    My first RFE was asking for all documents related to work authorized by USCIS.
    I think I responded properly and provided all documents requested.
    Then another RFE just came in end of April mail asking for the following.

    Please provide all school transcripts during your F1 student status.

    Now I am dummy because up until about few days ago I just realized I made big mistake!
    I have gap (7 months) from when I finished school (mid 2002) and when I was approved my H1B (Jan 2003)
    I should have went on OPT after school but mistake I think I could wait pending my H1B application. I did not work during that 7 month period and stupid me did not go to school during that 7 month period in end 2002.

    Any good lawyers in San Jose area think I can pass with a letter of explanation?





    ramus
    07-06 10:56 AM
    PLease donot create new thread for this.. We alrady have thread for this.. There is already one thread on media .. Please put all posts there..

    It is very hard for members to do work if we have so many threads on same topic.



    07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance

    * New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:

    "To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."

    * The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
    * We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:





    vinabath
    04-07 10:30 AM
    What else do you want Bro. Give 30 days time to USCIS to send your card. we, most of us, would me more satisfied just to see the magical words - Current Status: Card production ordered in our case status.

    Regarding holding card in physically, have to wait some time. Which should not be more taxing than waiting to see the magical words.

    I started calling my friends the same night that I got GC, but back in my mind I was still not sure and thought "whatif USCIS made a mistake" and thought may be I should wait until I get the card.

    I have spent coupla nights searching forums what kind of email people get when GC approved. I found most get Approval Email and Card production. I got only one email. I am still not able to believe I got GC. It was like a distant dream few weeks ago.

    Thanks



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