vin13
01-08 11:10 AM
LostInGC,
Why did you use AP if you had a valid H1-b?
Why did you use AP if you had a valid H1-b?
wallpaper Angel Warrior Tattoo 007
H4_losing_hope
02-13 08:07 PM
See no GC? Hear no GC? Talk to IV
like it!
like it!
dealsnet
08-04 03:28 PM
I think the abused spouse cause is for the people getting GC with family based catagory. The temporary GC holder after marriage can do this with the help of the lawyer. The spouse abuse and all kind od stuff, to get GC if the husband/wife is not supportive. I know a person got that way after he is abused by his wife and got separated after she bring him from India.
For employment based GC, she yet to file I-485, I don't think she can file forcefully without the help of her husband. Employment based GC for the dependants is a permanent one, not like family based upon marriage.
Talk with a lawyer to find out the options.
Best way is to reconcile with the husband.
She/her friends can discuss this with her husband. If he supports apply for 485 and wait till the approval of that . She can file divorce after that.
If her husband is not supportive and doesnt want to add her for 485 then there is a special category (I dont remember the exact thing)/something like under certain circumstances ( which is like you are Abandoned by husband without no fault of your own and if you go back your hubbys family is going to harass you ...) This u need to check with a lawyer
Rajesh
For employment based GC, she yet to file I-485, I don't think she can file forcefully without the help of her husband. Employment based GC for the dependants is a permanent one, not like family based upon marriage.
Talk with a lawyer to find out the options.
Best way is to reconcile with the husband.
She/her friends can discuss this with her husband. If he supports apply for 485 and wait till the approval of that . She can file divorce after that.
If her husband is not supportive and doesnt want to add her for 485 then there is a special category (I dont remember the exact thing)/something like under certain circumstances ( which is like you are Abandoned by husband without no fault of your own and if you go back your hubbys family is going to harass you ...) This u need to check with a lawyer
Rajesh
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braindrain
04-17 11:57 AM
You can apply starting 1 year prior to your expiry and all the details are available in the Indian Embassy websites.
simple google search would give you all the required details. You can start with the below URL..
www.indianembassy.org/
simple google search would give you all the required details. You can start with the below URL..
www.indianembassy.org/
more...
go_gc_way
01-14 04:31 PM
It is just frustrating to visit these forums and see nothing is happening. We need more members and more money. But if that happens in 10 years, what is the use. Not much anyone can do. Might as well as start packing.
Hello Members,
rajuram brings up a good point ..
It may be only 5% of the members who have taken up all action items seriously and did any thing .. You need strengthen the efforts by more actively participating.
Time and again it is reminded by IV core team of Action items to members. If you have not taken up any of the action items and if you wish something happen and support IV.. PLEASE ACT NOW ON ACTION ITEMS .. I think THIS IS THE TIME with several bills being discussed in media.
WITH OUT YOUR HELP AND PARTICIPATION, YOU HAVE NO IV.
Hello Members,
rajuram brings up a good point ..
It may be only 5% of the members who have taken up all action items seriously and did any thing .. You need strengthen the efforts by more actively participating.
Time and again it is reminded by IV core team of Action items to members. If you have not taken up any of the action items and if you wish something happen and support IV.. PLEASE ACT NOW ON ACTION ITEMS .. I think THIS IS THE TIME with several bills being discussed in media.
WITH OUT YOUR HELP AND PARTICIPATION, YOU HAVE NO IV.
WAIT_FOR_EVER_GC
11-11 12:51 PM
ASK THE LAWYER FOR FREE int the NOV 11 FREE ATTORNEY CALL
Every week there is a free call
Hi All,
I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master�s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"��..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."
Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.
Now here my questions:
1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?
2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!
3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?
4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?
5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.
6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?
7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?
We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.
Every week there is a free call
Hi All,
I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master�s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"��..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."
Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.
Now here my questions:
1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?
2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!
3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?
4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?
5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.
6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?
7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?
We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.
more...
sam_hoosier
05-22 11:23 AM
plss do not rush with ur filing in june....pls file after june 10th so that cut off dates move foward in july VB.
;)
People will be filing their I-485, not their EAD. EAD is something one gets after the 1-485 application has been pending for 6 months :)
;)
People will be filing their I-485, not their EAD. EAD is something one gets after the 1-485 application has been pending for 6 months :)
2010 Warrior Angel Tattoos Great
Ψ
06-11 12:33 AM
http://img62.photobucket.com/albums/v188/_azzy_/Chess_copy.jpg
sorry took soo long here is my next serve. would really like some comments on it
sorry took soo long here is my next serve. would really like some comments on it
more...
shreekhand
08-03 12:45 AM
FYI - Those "guide lines" are known as CFR - Code of Federal Regulations based on US Code (The Law). There is not much they can do outside of a clear CFR.
If the ROW numbers are not used up, they could be used for EB3/EB2 for India 9and China to some extent) at the end of the Fiscal year. All these AILF/AILA lawyers are saying there is no law for doing this.
But I don't see anyone mentioning anywhere that Law prohibits explicitly using those numbers for India EB3, like they did this year. The Visa bulletin provides guidelines on the country cap, but it does not address the unused numbers condition at the end of fiscal year. SO using them for some backlogged countries is not against the law. I think it finally depends on the internal USCIS officials who interprets the law. They will do whatever they want internally within those guide lines. If nothing is written explicitly that it is against the law, then they are not breaking the law. i am not sure if my assumption and interpretation is correct. But these are my thoughts based on events. But This thread has very good observations and study of the past events. Thanks to Dollar500 and Sanju.
If the ROW numbers are not used up, they could be used for EB3/EB2 for India 9and China to some extent) at the end of the Fiscal year. All these AILF/AILA lawyers are saying there is no law for doing this.
But I don't see anyone mentioning anywhere that Law prohibits explicitly using those numbers for India EB3, like they did this year. The Visa bulletin provides guidelines on the country cap, but it does not address the unused numbers condition at the end of fiscal year. SO using them for some backlogged countries is not against the law. I think it finally depends on the internal USCIS officials who interprets the law. They will do whatever they want internally within those guide lines. If nothing is written explicitly that it is against the law, then they are not breaking the law. i am not sure if my assumption and interpretation is correct. But these are my thoughts based on events. But This thread has very good observations and study of the past events. Thanks to Dollar500 and Sanju.
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gcpain
03-28 01:30 PM
Let us form a group who are pushing to introduce Ammendment for Filling I485, AP &EAD when I140 approved/pending, eventhough Cut-off dates are not reached for EB category immigration. Please discuss here weather any work being done to introduce this ammendment with present Comprehencive Bill.
more...
mith1234
05-19 08:08 AM
am staying in US for d past 4 yrs ,have a H1 B visa. i want to invite my younger brother and mom for a ONE month visit to US.My mom has already got 10 yrs of visa as she visited dis place in 2008. My brother has just completed his engineering , is 21 yrs of age and has got placed in infosys.His joining date is in December, so would it be easy for him to get d visitors visa as even i want him to have some fun b4 starting off with his work life. Should he carry his offer letter with him and also would it b wise to book d ticket in advance and show them d return ticket as a proof just to tell them tat he will b back in a month and also would like to know the other questions which r expected. Please HELP.Looking forward to your replies
thanks in advance:)
thanks in advance:)
hot Warrior Going For War On Horse
frostrated
06-21 01:55 PM
By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
Lookup a similar thread(removal proceedings) in IV.
Get legal help before making a decision like that.
taking unemployment benefit is not public charge. while working, you pay into the unemployment. everytime you work, you and your employer pay for umemployment insurance which is managed by the US government. But to be eligible for umeployment insurance benefit, you have to be a legal permanent resident or a citizen.
Lookup a similar thread(removal proceedings) in IV.
Get legal help before making a decision like that.
taking unemployment benefit is not public charge. while working, you pay into the unemployment. everytime you work, you and your employer pay for umemployment insurance which is managed by the US government. But to be eligible for umeployment insurance benefit, you have to be a legal permanent resident or a citizen.
more...
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Lasantha
01-18 11:47 AM
You can stay out side for 3 years in a 5 year period.
Friends,
How long can one stay out of Canada once landed as a permanent resident? Is it 2 years or 3 years???
I did my landing in July 06 and have received canadian PR but then moved back to US since then and have not visited Canada since.
Can somebody please provide some input on this? Friend of mine told me that i have to move before July, 08 in order to maintain canadian PR status. Is it true?
Many thanks for your input on this.
Friends,
How long can one stay out of Canada once landed as a permanent resident? Is it 2 years or 3 years???
I did my landing in July 06 and have received canadian PR but then moved back to US since then and have not visited Canada since.
Can somebody please provide some input on this? Friend of mine told me that i have to move before July, 08 in order to maintain canadian PR status. Is it true?
Many thanks for your input on this.
tattoo Guardian Angel Tattoos
Seems
02-13 05:46 PM
Legal Immigrants - Speak up!
Immigration Voice is your voice
Find your voice with Immigration Voice
A Time To Act - don't just sit and wait for GC
Get Involved - Its Your Life!
Boond boond sey banta saagar - Join IV and be heard!
Immigration Voice is your voice
Find your voice with Immigration Voice
A Time To Act - don't just sit and wait for GC
Get Involved - Its Your Life!
Boond boond sey banta saagar - Join IV and be heard!
more...
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morchu
04-21 02:45 PM
Try to be "truthful" in the "intent".
You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so.
If they see a chance of "fraud" intention, USCIS may call you for interview and if they were able to interpret your intentions as fraud, it is going to be really costly.
Also you need full support from your employer, and might need to show that the offered "permanent position as mentioned in LC" exists at the time of 485 filing.
-Morchu
[QUOTE=fromnaija;335920]Yes, if you are sure of moving back to the job location specified in the Labor Certification you may not have to restart the process. If you know you will not move back, youand your employer will be commiting immigration fraud if a new LC is not applied.
what kind of evidence you need to provide to show the intention that you will move back to the original location!
You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so.
If they see a chance of "fraud" intention, USCIS may call you for interview and if they were able to interpret your intentions as fraud, it is going to be really costly.
Also you need full support from your employer, and might need to show that the offered "permanent position as mentioned in LC" exists at the time of 485 filing.
-Morchu
[QUOTE=fromnaija;335920]Yes, if you are sure of moving back to the job location specified in the Labor Certification you may not have to restart the process. If you know you will not move back, youand your employer will be commiting immigration fraud if a new LC is not applied.
what kind of evidence you need to provide to show the intention that you will move back to the original location!
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gc??
04-26 02:31 PM
I�m in EB2 and My I-140 was approved September 2008 through Employer A. My priority date is March 2008. I moved to Employer B. My old Employer A will not revoke my I-140. He is ready to hire me again, If I want to go back. I am completing 5 years in January 2011.
It would be great if I get answer the below my Question:
1. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
2. If I stay with my current Employer B. will I get 6th extension and will my old priority date will be considered with new processs.
3. which one is best choice, like staying with employer B or going back to Employer A.
Thanks for your help.
Ram
If your first company is willing to take you back and you will be able to file 485, why do you want to start the process with emp b?
It would be great if I get answer the below my Question:
1. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
2. If I stay with my current Employer B. will I get 6th extension and will my old priority date will be considered with new processs.
3. which one is best choice, like staying with employer B or going back to Employer A.
Thanks for your help.
Ram
If your first company is willing to take you back and you will be able to file 485, why do you want to start the process with emp b?
more...
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senthiltamil
09-22 08:48 PM
I applied for my AP on Aug 24th. I haven't seen any update on the case. May I know when you guys applied for it?
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gcgonewild
02-14 12:25 PM
Since you have GC, don't bother about joining the client right now.
Take a break or vacation. Join some other vendor for sometime.
Change your home address. Don't ever take up any mail package.
NJ is not like California. You are indeed answerable, not because the non-compete is valid, but since you have signed some thing that says non-compete.
Rarely these BSs stand all the way to trial, yet they want to intimidate you, take your money and happiness.
These suckers need to be shown where they belong.
Make sure you have documents of everything. Paystubs from the day one you joined. New LCAs for all your work location and you've been paid all prevailing wages etc.
It is advisible you contact a lawyer asap. Do not waste any time.
PM me.
Take a break or vacation. Join some other vendor for sometime.
Change your home address. Don't ever take up any mail package.
NJ is not like California. You are indeed answerable, not because the non-compete is valid, but since you have signed some thing that says non-compete.
Rarely these BSs stand all the way to trial, yet they want to intimidate you, take your money and happiness.
These suckers need to be shown where they belong.
Make sure you have documents of everything. Paystubs from the day one you joined. New LCAs for all your work location and you've been paid all prevailing wages etc.
It is advisible you contact a lawyer asap. Do not waste any time.
PM me.
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DesBhakt
03-09 06:03 PM
:D Fun post psaxena
Nice dream but come to reality, dont even dream of GC till year 2019...... (if it goes in current pace).
Since OP is talking about GC at retirement his dream is about the year 2019 or beyond.
Nice dream but come to reality, dont even dream of GC till year 2019...... (if it goes in current pace).
Since OP is talking about GC at retirement his dream is about the year 2019 or beyond.
webm
09-25 03:02 PM
If spouse apply for Social Security card, will she lose her H4 status. Or the status changes after she starts using the EAD for work.
After she starts using the EAD for work then only lose H4 status ....
After she starts using the EAD for work then only lose H4 status ....
kishdam
02-06 03:28 PM
Hi,
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
- kd
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
- kd
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