rsdang
11-21 05:27 PM
abandoning AP was what I was refereing to... but as I said please chek with your lawyer that if you leave country in the middle of the application is that a problem.
Take Care
Take Care
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amitjoey
03-18 04:24 PM
Hello
I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.
I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.
I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.
Thanks
Raghu
My I140 has been pending for a long time too, without any reason. So finally after many service requests, I have talked to one of the senators of my state. I have explained the situation, ofcourse used the opportunity to highlight IV and EB immigrants problems and then talked about my specific case. There is a routine paperwork that my senators office has that they use to get authorisation from individuals like us to pursue the case with the USCIS. I have filled that paperwork and the request to look into my case. I have a strong notion that it is going to work. The senators office had looked into an earlier case for me with success where I needed to obtain a pending AP in a hurry. I have my own labor (NO Substitute)
I have no idea what the deal is with the H1- Why it was denied.
I suggest you talk to your senator's office.
I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.
I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.
I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.
Thanks
Raghu
My I140 has been pending for a long time too, without any reason. So finally after many service requests, I have talked to one of the senators of my state. I have explained the situation, ofcourse used the opportunity to highlight IV and EB immigrants problems and then talked about my specific case. There is a routine paperwork that my senators office has that they use to get authorisation from individuals like us to pursue the case with the USCIS. I have filled that paperwork and the request to look into my case. I have a strong notion that it is going to work. The senators office had looked into an earlier case for me with success where I needed to obtain a pending AP in a hurry. I have my own labor (NO Substitute)
I have no idea what the deal is with the H1- Why it was denied.
I suggest you talk to your senator's office.
ruchigup
08-22 03:54 PM
Ruchigup, Are you sending AC21 document? I am also leaving my current employer and taking AC21 route. I am retaining my lawyer. He is supportive and hopefully, will not ask retainer fee as he knows that i paid all my gc cost.
Can you please share your AC21 experience so far ? Is your new job exactly similar ?
I have not done AC21 yet. My join date is September 2nd. I am kind of planning to not file AC21.
Can you please share your AC21 experience so far ? Is your new job exactly similar ?
I have not done AC21 yet. My join date is September 2nd. I am kind of planning to not file AC21.
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rock945
08-08 11:20 AM
I think you can earn upto maximum 4 credits per year. so to get 40 credits you have to work for 10 years.
more...
walking_dude
11-25 06:01 PM
To all IV members (and others), who have decided not to participate in the rally due to various reasons, I request you to give a very serious thought, and consideration, before reaching the final decision.
It's highly critical that we do this Rally and/or Lobby Day before CIR 2009 is introduced. If we miss the CIR next year, it may be difficult to get any relief to our community for many years. I agree with you that times are tough. But if we don't act now, it'll keep getting tougher & tougher.
I don't live near DC, and if you are too, understand where you are coming from. However, there is still several months time for the planned rally. If you book in advance, you should be able to lock-in a lower airfare on a budget airline. It may be a good idea to cash-in any Frequent flyer miles etc. you might be having ( I'm just throwing ideas here)
Get in touch with your State chapter or nearest state active chapter. If enough members like you step forward, you guys can sponsor a few members willing to participate.
If you still think you can't, please pledge or contribute donations/contributions for the planned Rally. If enough members like you, step forward IV may be to sponsor some members willing to participate, but can't due to economic hardship (out of job etc.) IV would also need funds to organize an event of this magnitude, to advertise it and arrange it.
If you decide to contribute now, you can do so by clicking the 'Contribute' option on the Homepage. If you decide to pledge, please post your pledge of support here.
I am confident that we will make it a success with your support.
It's highly critical that we do this Rally and/or Lobby Day before CIR 2009 is introduced. If we miss the CIR next year, it may be difficult to get any relief to our community for many years. I agree with you that times are tough. But if we don't act now, it'll keep getting tougher & tougher.
I don't live near DC, and if you are too, understand where you are coming from. However, there is still several months time for the planned rally. If you book in advance, you should be able to lock-in a lower airfare on a budget airline. It may be a good idea to cash-in any Frequent flyer miles etc. you might be having ( I'm just throwing ideas here)
Get in touch with your State chapter or nearest state active chapter. If enough members like you step forward, you guys can sponsor a few members willing to participate.
If you still think you can't, please pledge or contribute donations/contributions for the planned Rally. If enough members like you, step forward IV may be to sponsor some members willing to participate, but can't due to economic hardship (out of job etc.) IV would also need funds to organize an event of this magnitude, to advertise it and arrange it.
If you decide to contribute now, you can do so by clicking the 'Contribute' option on the Homepage. If you decide to pledge, please post your pledge of support here.
I am confident that we will make it a success with your support.
eatpavbhaji
04-22 02:20 PM
I lost my major young life on green card (around 9 years) and I can just am pray that my labor will be used only for myself and not others.
LABOR SUBSTITUTION SHOULD BE ELIMINTED RIGHT AWAY.
ALL OF THEM WHO USED OTHER'S LABOR SHOULD BE INVESTIGATED COMPLETELY AND SHOULD BE GIVEN VISA NUMBERS LAST.
LABOR SHOULD BE ALLOWED TO CONTINUE FROM COMPANY TO COMPANY OTHERWISE COMPANY CAN PURPOSEFULLY FIRE EMPLOYEE TO GIVE OR SELL LABOR TO OTHERS.
Below comments have gone to comments for elimination of labor substitution.
TOP 10 reason to support rule to eliminate labor substitution.
1> So many years, labor applications were misused completely. Many Companies were filing fake labor and were using for anyone elsewith lower educated, lower experience people who wanted GC within 6 months instead of normal 4 to 6 years. It is like stealing someone's pocket.
2> One was waiting for years hoping his labor will get approved and after his labor was approved, company used for another person demonstrating complete exploitation of system.
3> Many company started selling labor applications as key business
4> Many companies were giving too less salary indicating that if employee joins with minimum salary and if they sign 6 years of bond then company will use USA's approved labor for anyone.
5> Most of the companies started asking money from employee. So if employee is saving $6000 per year, they have to work for free for entire year if they want GC.
6> Why one need to substitute labor when they can file new labor for new person anyway.
7> Companies started threatening employees that if employee don't do what they say, they will use his/her labor for other and he will loose all 2 or 3 years of labor approval. Why not...it was legal to take labor back and use it like playing cards!!
8> Everyone knew that they can buy approved labor and get their GC in few months and original owner will loose years.
9> Who is going to audit whos labor was used how ? Nobody in past from government asked or audited as how come one's GC came so fast and others with better capabilities/education took 5 times. Nobody in past from government asked or audited as if employee was important then why company never filed labor for him and all of sudden used pre-approved labor to have that employee.
10> Companies used to stock labor applications like grocery (actually like
gold...can buy/sell anytime !)...after all labor application is cheap and shortcut to save 2 to 3 years and sell in blackmarket.
LABOR SUBSTITUTION SHOULD BE ELIMINTED RIGHT AWAY.
ALL OF THEM WHO USED OTHER'S LABOR SHOULD BE INVESTIGATED COMPLETELY AND SHOULD BE GIVEN VISA NUMBERS LAST.
LABOR SHOULD BE ALLOWED TO CONTINUE FROM COMPANY TO COMPANY OTHERWISE COMPANY CAN PURPOSEFULLY FIRE EMPLOYEE TO GIVE OR SELL LABOR TO OTHERS.
Below comments have gone to comments for elimination of labor substitution.
TOP 10 reason to support rule to eliminate labor substitution.
1> So many years, labor applications were misused completely. Many Companies were filing fake labor and were using for anyone elsewith lower educated, lower experience people who wanted GC within 6 months instead of normal 4 to 6 years. It is like stealing someone's pocket.
2> One was waiting for years hoping his labor will get approved and after his labor was approved, company used for another person demonstrating complete exploitation of system.
3> Many company started selling labor applications as key business
4> Many companies were giving too less salary indicating that if employee joins with minimum salary and if they sign 6 years of bond then company will use USA's approved labor for anyone.
5> Most of the companies started asking money from employee. So if employee is saving $6000 per year, they have to work for free for entire year if they want GC.
6> Why one need to substitute labor when they can file new labor for new person anyway.
7> Companies started threatening employees that if employee don't do what they say, they will use his/her labor for other and he will loose all 2 or 3 years of labor approval. Why not...it was legal to take labor back and use it like playing cards!!
8> Everyone knew that they can buy approved labor and get their GC in few months and original owner will loose years.
9> Who is going to audit whos labor was used how ? Nobody in past from government asked or audited as how come one's GC came so fast and others with better capabilities/education took 5 times. Nobody in past from government asked or audited as if employee was important then why company never filed labor for him and all of sudden used pre-approved labor to have that employee.
10> Companies used to stock labor applications like grocery (actually like
gold...can buy/sell anytime !)...after all labor application is cheap and shortcut to save 2 to 3 years and sell in blackmarket.
more...
logiclife
12-01 04:44 PM
I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
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suriajay12
04-06 07:44 AM
Very good one.. USCIS is acknowledging here the severe wait periods. A good sign when (if) trying to fix a problem. Recognizing that there is one..
Good job in posting this article.
Good job in posting this article.
more...
immigrant2007
09-13 12:30 PM
EB2 and EB3 at one point were in the same boat. Now that EB2 is advancing and is way ahead of EB3, the EB3 applicants are upset and angry. Their anger is very much justified. However, their anger should not be directed towards EB2 applicants.
As I pointed out in another post, we are all players here and we are all playing by the rules. The system is not fair. Anger should be directed towards the system and not towards EB2s.
"hate the game, don't hate the playa....Chris Rock" is appropriate here.
Most of the EB2s, if not all, are supportive of reform and are supportive towards EB3 friends. The anger may lead to the disruption of this support.
We are all in this together. We all need to stay together.
I agree and plead to everyone (I really beg to everyone of you please do not fight) lets support each other. Someone is going to get GC earlier than others. Lets not feel bad about it. And I request everyone in EB2 and EB1 to support all backlogs victims.
As I pointed out in another post, we are all players here and we are all playing by the rules. The system is not fair. Anger should be directed towards the system and not towards EB2s.
"hate the game, don't hate the playa....Chris Rock" is appropriate here.
Most of the EB2s, if not all, are supportive of reform and are supportive towards EB3 friends. The anger may lead to the disruption of this support.
We are all in this together. We all need to stay together.
I agree and plead to everyone (I really beg to everyone of you please do not fight) lets support each other. Someone is going to get GC earlier than others. Lets not feel bad about it. And I request everyone in EB2 and EB1 to support all backlogs victims.
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hopefulgc
05-12 04:35 PM
while that i true... imagine where we would have been if MLk had decided to sit back..
or talk about another great soul from your motherland
...If Sherpa Tenzing had decided that he is happy climbing a knoll than conquer the heights of everest.... would he be distinguished.
As someone said, We will have to be the change, we wish to see in this world.
or talk about another great soul from your motherland
...If Sherpa Tenzing had decided that he is happy climbing a knoll than conquer the heights of everest.... would he be distinguished.
As someone said, We will have to be the change, we wish to see in this world.
more...
Suva
06-08 10:22 PM
I support it.
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vishal
04-21 03:38 PM
hi friends,
even my PD is current. but my case is transferred from texas to vermont. though my PD is current my processing date is not current. what is the reason for transferring I- 485 case from one center to other.
any response is appreciated
even my PD is current. but my case is transferred from texas to vermont. though my PD is current my processing date is not current. what is the reason for transferring I- 485 case from one center to other.
any response is appreciated
more...
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kirupa
11-26 02:06 AM
Temp - that is a great idea. Mind if I steal your image for the first post of this thread? :evil:
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prince_charming
04-08 04:14 PM
Does July 1st include the weekend till 3rd July or it just hardstop @ July 1st?
more...
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Appu
04-17 06:13 PM
This is no big deal. This has nothing to do with H1B's - its about CIR and minimum wage. Remember that Sen Kennedy is 100% behind the SJC and the Hagel-Martinez bills. Here's the email with additional details - I didn't post this before because it is somewhat partisan and attacks republicans.
Dear [Appu],
As you may have seen and heard in news reports, Senator Kennedy has been at the forefront of immigration reform. He's built a bipartisan coalition around a tough but fair approach to repairing our broken immigration system.
On Monday hundreds of thousands of people in cities across the country joined together in a "National Day of Action for Immigrant Justice." In our nation's capital, more than 200,000 people gathered on the Mall. It was an amazing event, and the crowd went wild when Senator Kennedy took the stage and said "It is time for Americans to lift their voices now -- in pride for our immigrant past and in pride for our immigrant future. Are you with me?"
Judging by the roar of the crowd, they are indeed with Senator Kennedy. Now you have a chance to show your support for this important measure -- and join the fight for justice for all working Americans:
http://www.tedkennedy.com/fightforfairness
The facts are clear: 63% of Americans believe that immigrants who have lived in the country for a certain period of time should be able to go through the process of obtaining citizenship. But the out-of-touch Republican Congress wants instead to turn these would-be citizens into criminals. And any American who assists them in any way, even priests, would become criminals too.
Republican leaders claim tough enforcement is all that's needed. That's preposterous. Senator Kennedy supports strong enforcement, too, but fairness is equally important.
Republicans claim they value hard work. Where have they been during Senator Kennedy's efforts to raise the minimum wage for millions of hard-working Americans? What have they done to ensure every American worker has access to good health care? How have they protected Social Security for retired American workers?
Enough is enough. Will you join us and fight to ensure that our country values hard work? Please answer with your signature:
http://www.tedkennedy.com/fightforfairness
This year, more than 45,000 of you endorsed Senate Resolution 350, rejecting President Bush's assertion that he was authorized to spy on Americans without a warrant. You also stood with Senator Kennedy to fight for stem cell research that holds such great promise for millions suffering from debilitating diseases.
We can't keep ignoring the worsening hardship for our nation's hardest working men and women. I hope you'll tell Senator Kennedy loud and clear you stand with him in this ongoing battle for all working families:
http://www.tedkennedy.com/fightforfairness
Yours for a stronger and fairer America,
Marty Walsh
Campaign Manager
Kennedy for Senate
P.S. The full text of Senator Kennedy's speech at the immigration rally is on our website -- I hope you enjoy it:
http://www.tedkennedy.com/Apr10RallySpeech
Dear [Appu],
As you may have seen and heard in news reports, Senator Kennedy has been at the forefront of immigration reform. He's built a bipartisan coalition around a tough but fair approach to repairing our broken immigration system.
On Monday hundreds of thousands of people in cities across the country joined together in a "National Day of Action for Immigrant Justice." In our nation's capital, more than 200,000 people gathered on the Mall. It was an amazing event, and the crowd went wild when Senator Kennedy took the stage and said "It is time for Americans to lift their voices now -- in pride for our immigrant past and in pride for our immigrant future. Are you with me?"
Judging by the roar of the crowd, they are indeed with Senator Kennedy. Now you have a chance to show your support for this important measure -- and join the fight for justice for all working Americans:
http://www.tedkennedy.com/fightforfairness
The facts are clear: 63% of Americans believe that immigrants who have lived in the country for a certain period of time should be able to go through the process of obtaining citizenship. But the out-of-touch Republican Congress wants instead to turn these would-be citizens into criminals. And any American who assists them in any way, even priests, would become criminals too.
Republican leaders claim tough enforcement is all that's needed. That's preposterous. Senator Kennedy supports strong enforcement, too, but fairness is equally important.
Republicans claim they value hard work. Where have they been during Senator Kennedy's efforts to raise the minimum wage for millions of hard-working Americans? What have they done to ensure every American worker has access to good health care? How have they protected Social Security for retired American workers?
Enough is enough. Will you join us and fight to ensure that our country values hard work? Please answer with your signature:
http://www.tedkennedy.com/fightforfairness
This year, more than 45,000 of you endorsed Senate Resolution 350, rejecting President Bush's assertion that he was authorized to spy on Americans without a warrant. You also stood with Senator Kennedy to fight for stem cell research that holds such great promise for millions suffering from debilitating diseases.
We can't keep ignoring the worsening hardship for our nation's hardest working men and women. I hope you'll tell Senator Kennedy loud and clear you stand with him in this ongoing battle for all working families:
http://www.tedkennedy.com/fightforfairness
Yours for a stronger and fairer America,
Marty Walsh
Campaign Manager
Kennedy for Senate
P.S. The full text of Senator Kennedy's speech at the immigration rally is on our website -- I hope you enjoy it:
http://www.tedkennedy.com/Apr10RallySpeech
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krishnam70
03-13 08:22 PM
Hey Kris
I really wanted to know if it was illegla before reporting someone, you can refer to Jaylenos reply where he quoted my previous post and you will know my real issue is with people that do fraud.
And i am not that stupid to write in a forum like this accepting that i am doing a fraud ehn i can be tracked.
I wasnt sure and i didnt know how to go about it.
If that is the intent just report with facts to your state DOL and they will take care of the rest
- cheers
kris
I really wanted to know if it was illegla before reporting someone, you can refer to Jaylenos reply where he quoted my previous post and you will know my real issue is with people that do fraud.
And i am not that stupid to write in a forum like this accepting that i am doing a fraud ehn i can be tracked.
I wasnt sure and i didnt know how to go about it.
If that is the intent just report with facts to your state DOL and they will take care of the rest
- cheers
kris
more...
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sanju_dba
08-13 02:48 PM
Poor guys... they can give away $7.5 Billion to some country as Aid, but cannot secure their own borders without increasing burden on H1/L1 Visas for $0.6 Billion(not even 10% in comparison ) ....what a pity.... :mad:
This is pure B.S. politics....
Thats - "andar pareshani bahar shervani"
This is pure B.S. politics....
Thats - "andar pareshani bahar shervani"
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rimzhim
06-01 01:38 PM
"Masters and PhDs would be exempt from the cap on H-1Bs and green cards," said Hoffman.
Are you sure of this? I, of course, hope you are right. It would be great!
Are you sure of this? I, of course, hope you are right. It would be great!
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EndlessWait
06-20 12:46 PM
I believe H1/H4 has nothign to do with I485 application. You can file for her 485. Since she is on h1, you should mention h1 for Adavane parol. Since she has h1 stamped and can travel outside, advance parol is not required now. You can apply for AP any time while 485 is pending.
and since we are filing for AP now, i'd mention H4 on AP. is it right?
and since we are filing for AP now, i'd mention H4 on AP. is it right?
chanduv23
11-09 09:36 PM
People already sued USCIS couple of years back and lost the battle.Sad to hear about 15,000 people with their futures undecided.I also heard that many doctors are leaving US as they are unable to find a residency program.
That is correct. In the last couple of years, FMGs from UK started applying for residency programmes in the US and they had an edge over FMG from India or Pakistan and there has been stringent competition. I have heard residencies rejecting FMGs with scores 99, 99, 99 in USMLE all steps on basis that though they have the best possible scores, they do not have clinical experience.
There is a huge demand for doctors in underserved areas and the supply is far less than the demand but then very little is being done on this side.
Paskal will know more on the politics involving physicians
That is correct. In the last couple of years, FMGs from UK started applying for residency programmes in the US and they had an edge over FMG from India or Pakistan and there has been stringent competition. I have heard residencies rejecting FMGs with scores 99, 99, 99 in USMLE all steps on basis that though they have the best possible scores, they do not have clinical experience.
There is a huge demand for doctors in underserved areas and the supply is far less than the demand but then very little is being done on this side.
Paskal will know more on the politics involving physicians
alterego
04-12 08:39 PM
Thanks all. I called my lawyer, and she mentioned that there have been specific cases of the Neb Service Center rejecting I485 applications for internists while they are doing fellowships. I guess my plan would be to find a 'full time' position working a couple of nights a week in the same city where I am working as a fellow, and use that as proof of ongoing full time internist work.
I am not sure if they need just a letter, or a w2s also. I guess 'full time' is a very arbitrary word, and can be applied to more than 28-32 hrs a week, which is very easily doable.
Full time would be the standard definition of 40 hrs per week. It is clearly defined in the J1 waiver regulations for physicians and will likely be extended to the labor based applications as well since adjudicators are very familiar with the J1 waiver and NIW physician cases. Ultimately you have to decide whether the risk is worth it. W-2s as well as paystubs, as well as employers letters attesting to the scope of, and the full time nature of the work are often requested.
I am not sure if they need just a letter, or a w2s also. I guess 'full time' is a very arbitrary word, and can be applied to more than 28-32 hrs a week, which is very easily doable.
Full time would be the standard definition of 40 hrs per week. It is clearly defined in the J1 waiver regulations for physicians and will likely be extended to the labor based applications as well since adjudicators are very familiar with the J1 waiver and NIW physician cases. Ultimately you have to decide whether the risk is worth it. W-2s as well as paystubs, as well as employers letters attesting to the scope of, and the full time nature of the work are often requested.
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