newuser
02-23 03:54 PM
Me too.
I use IE 7.0
I use IE 7.0
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abhijitp
01-27 03:47 AM
FYI, I have been in the queue for 6.5 years now. I did write the letter.
Cool... thank you for your efforts. I didn't want to offend you... just in case you got that impression. The point is, as long as the AOS is pending approval, there is the risk that we can be thrown to the back of the queue because of a rejection of the AOS application for a reason beyond our control.
If that happens... and if we need to re-start then we are looking at about 12 years for our next chance, as it will take at least so long for a PD from 2008 or later to become current... unless:
1) a miracle like June 2007 happens
OR
2) the EB GC process is revamped, which is what IV is trying to make happen!
Cool... thank you for your efforts. I didn't want to offend you... just in case you got that impression. The point is, as long as the AOS is pending approval, there is the risk that we can be thrown to the back of the queue because of a rejection of the AOS application for a reason beyond our control.
If that happens... and if we need to re-start then we are looking at about 12 years for our next chance, as it will take at least so long for a PD from 2008 or later to become current... unless:
1) a miracle like June 2007 happens
OR
2) the EB GC process is revamped, which is what IV is trying to make happen!
ghost
09-21 04:27 PM
Since I did my master's here. I think they filed my case under EB1...I need to re-check. If this is the case then how long does it take. Yes I'm an indian.
EB1, EB2 and EB3 depend NOT on your personal qualifications but on the job requirements, which are:
EB3 - BS or BS+<5 yrs
EB2 - BS+>5 yrs or MS
EB1 - PhD
Find out from your employer or from the job ad that you've been hired for. Good Luck!
EB1, EB2 and EB3 depend NOT on your personal qualifications but on the job requirements, which are:
EB3 - BS or BS+<5 yrs
EB2 - BS+>5 yrs or MS
EB1 - PhD
Find out from your employer or from the job ad that you've been hired for. Good Luck!
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singhsa3
11-26 01:05 PM
It is enforceable as it is "I owe you". Smart and cunning guy.
the law depends on state. Its worth paying the lawyer few hundred bucks to findout what laws pertain to Ohio specifically.
Generally bonds are not legally enforceable, but lawyers may know better and explain you the fine print.
the law depends on state. Its worth paying the lawyer few hundred bucks to findout what laws pertain to Ohio specifically.
Generally bonds are not legally enforceable, but lawyers may know better and explain you the fine print.
more...
frostrated
08-18 12:56 PM
Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
The employer can change the contents of the offer, as long as it does not affect the job functions. GC is just a by-product of the job offer. Since you no longer work for the employer, you do not have any basis for recouping the costs. If you are in AOS status, it requires that there by an underlying immigrant petition by an employer. In your case, the employer on your petition no longer employs you, and therefore, if you go by the book, you are not in legal status. Rather than try to get money from your old employer, I'd suggest that you look for an employer who will take over your GC process. If you keep pestering your prior employer, they can revoke your I-140, which then invalidates your EAD and your I-485 application. So tread with care.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
The employer can change the contents of the offer, as long as it does not affect the job functions. GC is just a by-product of the job offer. Since you no longer work for the employer, you do not have any basis for recouping the costs. If you are in AOS status, it requires that there by an underlying immigrant petition by an employer. In your case, the employer on your petition no longer employs you, and therefore, if you go by the book, you are not in legal status. Rather than try to get money from your old employer, I'd suggest that you look for an employer who will take over your GC process. If you keep pestering your prior employer, they can revoke your I-140, which then invalidates your EAD and your I-485 application. So tread with care.
Mahatma
08-22 08:33 PM
Congrats Conchshell!
Enjoy, celebrate and forget us not.
Keep contributing through wisdom.
what a weekend, you will always remember this one.
Enjoy, celebrate and forget us not.
Keep contributing through wisdom.
what a weekend, you will always remember this one.
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luckylavs
07-16 12:48 PM
hk196712 ,
Please dont mind , when you ask / post a question please provide a brief describtion about ur situation which will enable all the readers and gurus to provide you an accurate answers. Say for example : PD, date filed and other details that you can see on many of signatures. Insdead of asking 10 questions to you , you might get the answer straight away...
Not just you , but many of the users who are new to this form , please first explain your situation with details and then ask the actual question.
Thanks
Please dont mind , when you ask / post a question please provide a brief describtion about ur situation which will enable all the readers and gurus to provide you an accurate answers. Say for example : PD, date filed and other details that you can see on many of signatures. Insdead of asking 10 questions to you , you might get the answer straight away...
Not just you , but many of the users who are new to this form , please first explain your situation with details and then ask the actual question.
Thanks
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bheemi
04-03 09:56 AM
HI Admin,
I would like to know if IV is working on ability to file I485 dureing retrogression...if so can youc alrify us how would you proceed for this issue...an ammendement thru somebody...Just want to know..
thanks
I would like to know if IV is working on ability to file I485 dureing retrogression...if so can youc alrify us how would you proceed for this issue...an ammendement thru somebody...Just want to know..
thanks
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gdilla
02-28 11:59 AM
I have one year left on my second H1. I am EB3, Canadian born category. Just got I-140 approved last week or so. I've been working here in California for the same employer for 6 years. My PD is Nov 04. I feel like I've taken a big career hit. I am so unhappy with my job - and I'm doing my best to improve the situation including having frank discusssion with the management here on how we can do things better. But they are so risk and change averse, it's so frustrating. I'm going to grad school for my MS in Eng Management part time. Alas, I am only 60% done, with another year to go. Let me put it this way, if i had my GC, I would quit tomorrow morning. I'd rather be unemployed than work here. I just want to concentrate on school and move my career towards strategic management, and management consulting, not engineering. I'm considering giving up and moving back home. I don't know if I can stay in this job for what it seems another 2-3 years!!! It's career suicide. I've been slowly trying to look for a better job, and I'm loathe to take on another eng position which I'm sure I can get without a problem. That is because my heart would not be in it. Any suggestions? Is it possible to just go home and continue the GC process? I can finish school remotely, it's not a problem where I am located.
I work in the aerospace industry. Recently, our company got bought out by another large company. The new company has been shocked and seemingly no experience to having foreign nationals on staff. Because of export and ITAR issues, aerospace is traditionally and mostly gc and citizens only. In a gut reaction, the new company, for fear of violation of US export law, has restricted all FNs to strict hours (8-5 only), with escorts required at all other times. No weekends or holidays whatsoever. As an engineer, I did my best work in the evenings and weekends (because no one bothers me). Now it's very tough to get anything done, although I don't mind escaping here at 5pm everyday. But it's a truly hostile environment for fns now - they audit and restrict us from working on many things. Needless to say that this place will probably never hire another foreigner again. This has been a research oriented facility with many phds on staff, we've needed to attract top talent from around the world to come here. Not anymore. I'm the rare case of joining with only a bachelors. But I joined in 2001, when most were leaving for startups and they had high turnover and needed people.
I work in the aerospace industry. Recently, our company got bought out by another large company. The new company has been shocked and seemingly no experience to having foreign nationals on staff. Because of export and ITAR issues, aerospace is traditionally and mostly gc and citizens only. In a gut reaction, the new company, for fear of violation of US export law, has restricted all FNs to strict hours (8-5 only), with escorts required at all other times. No weekends or holidays whatsoever. As an engineer, I did my best work in the evenings and weekends (because no one bothers me). Now it's very tough to get anything done, although I don't mind escaping here at 5pm everyday. But it's a truly hostile environment for fns now - they audit and restrict us from working on many things. Needless to say that this place will probably never hire another foreigner again. This has been a research oriented facility with many phds on staff, we've needed to attract top talent from around the world to come here. Not anymore. I'm the rare case of joining with only a bachelors. But I joined in 2001, when most were leaving for startups and they had high turnover and needed people.
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nashorn
12-18 01:43 PM
You sure can and better do have the atterney do the job. Not much people have experience on appeal/motion. I hope your atterney do.
more...
vinabath
06-13 10:41 AM
Success Formula for EB2-I:
1)- Get rid of all EB3 => EB2 conversions
2)- Get rid of all Subs
And there you go we have a fair FIFO system, but hey do our desi folks agree with this :eek: I bet they don't, when they themselves don't like FIFO and straightforward system and how come we expect USCIS to be straightforward and follow FIFO:confused:
Moral of story: Hang in where you are, its already very complicated PD,RD, ND, Country cap, EB cat ... blah .... blah
Nice point buddy..... every situation has work around solutions. like subs and eb3 - eb2 conversions. but people do need to sacrifice like.....
Paying for the labor sub and working for greedy desi companies...
and not all people are eligible for subs or conversions. Even if they are eligible they might not want to make sacrifices.....
1)- Get rid of all EB3 => EB2 conversions
2)- Get rid of all Subs
And there you go we have a fair FIFO system, but hey do our desi folks agree with this :eek: I bet they don't, when they themselves don't like FIFO and straightforward system and how come we expect USCIS to be straightforward and follow FIFO:confused:
Moral of story: Hang in where you are, its already very complicated PD,RD, ND, Country cap, EB cat ... blah .... blah
Nice point buddy..... every situation has work around solutions. like subs and eb3 - eb2 conversions. but people do need to sacrifice like.....
Paying for the labor sub and working for greedy desi companies...
and not all people are eligible for subs or conversions. Even if they are eligible they might not want to make sacrifices.....
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hoolahoous
07-14 09:30 PM
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
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PHANI_TAVVALA
02-26 02:00 PM
Phani, looks like you do not know your immigration lingo....read up on it, and if you do not have anything constructive to contribute, please do not contribute at all.
Pardon my dumbness again, please elaborate "immigration lingo".
Pardon my dumbness again, please elaborate "immigration lingo".
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dilbert_cal
04-25 12:04 AM
WillGetGC2005 - here is my understanding of your case :-
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.
If the above is correct, you do not need to do PD transfer or start any new labor process either.
What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.
The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.
This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.
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meridiani.planum
08-19 12:26 AM
I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
what do you want? President Bush to come home and welcome you with hugs and kisses? A ticker tape parade? A band? 45 skimpily clad, extremely beautiful cheerleaders dancing and singing: "he got a G, he got a C, he got a GC!"?
you got an approval notice, you are through. enjoy man. :cool:
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
what do you want? President Bush to come home and welcome you with hugs and kisses? A ticker tape parade? A band? 45 skimpily clad, extremely beautiful cheerleaders dancing and singing: "he got a G, he got a C, he got a GC!"?
you got an approval notice, you are through. enjoy man. :cool:
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solaris27
02-11 09:12 AM
don't worry be happy
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somegchuh
11-02 11:20 AM
What's with the attitude? Did I say that I am filing these on my own?
Anyway, I am just trying to do some legwork to find out the required documentation so that I know that my lawyer is doing. If you enough grey matter and have been thru the immigration process you will know that lawyers can screw up and it is in your best interest to cross check with people who have done this.
Are you sure you want to do it on your own? If it was that easy, everybody would do it. Considering all the potential pitfalls, it just puzzles me why somebody would go for such a process on their own.
What are you trying to achieve? Save some bucks or show that you are smarter than other people? Even to save a lot of bucks, I don't see how I would do it without a reputed attorney.
Yes they are expensive, but there is a good reason for it: you are buying their expertise. Don't you think that it is worth it?
Anyway, that's just me...Good luck to you.
Anyway, I am just trying to do some legwork to find out the required documentation so that I know that my lawyer is doing. If you enough grey matter and have been thru the immigration process you will know that lawyers can screw up and it is in your best interest to cross check with people who have done this.
Are you sure you want to do it on your own? If it was that easy, everybody would do it. Considering all the potential pitfalls, it just puzzles me why somebody would go for such a process on their own.
What are you trying to achieve? Save some bucks or show that you are smarter than other people? Even to save a lot of bucks, I don't see how I would do it without a reputed attorney.
Yes they are expensive, but there is a good reason for it: you are buying their expertise. Don't you think that it is worth it?
Anyway, that's just me...Good luck to you.
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makemygc
07-26 09:21 AM
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
Just on the lighter note I wonder if even USCIS ignores that mistake and give you and your co-worker's wife a GC.
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paskal
10-23 03:39 AM
here is your chance to put some faces to names ... or nick names/user id's
join in and take the opportunity to hear plans for the chapter and offer your own views. we all know our fight for fairness is not over by a long shot- let's start preparing for the next round!
join in and take the opportunity to hear plans for the chapter and offer your own views. we all know our fight for fairness is not over by a long shot- let's start preparing for the next round!
chanduv23
07-11 12:21 PM
Ok, Tikka (Rohika) is going - anyone else please join, I am from NYC but work in New Jersey. If I had known earlier I would have made arrangements. I will contact her and see if I can meet her tonight or tomorrow morning
brb2
08-27 07:50 AM
Yingli
Don't waste your money on lawyers. Take things in your own hand. If I were stuck in name check, I would file it myself. The links that are there in your thread are good enough to file your own MTD. A basic undergraduate degree and a good command of English is more than enough to win a MTD. Just use the existing cases on-line to prepare your defense.
Thanks you all so much for the reply! I really appreciate it!
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL
Don't waste your money on lawyers. Take things in your own hand. If I were stuck in name check, I would file it myself. The links that are there in your thread are good enough to file your own MTD. A basic undergraduate degree and a good command of English is more than enough to win a MTD. Just use the existing cases on-line to prepare your defense.
Thanks you all so much for the reply! I really appreciate it!
How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?
I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.
I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?
YL