saileshdude
07-21 06:41 PM
In rare cases RFE has been issued. My doc also wrote that I need to follow-up with my PCP for INH treatment on my medical form. I visited my PCP and they sent me to a Infectious Disease specialist. The ID specialist said that there is no urgency for treatment although it is recommended to have the treatment. But said I can my take my own time to think if I need to go through the treatment.
Asked what if USCIS sends an RFE, the ID said that they usually do not ask for it for younger people but for someone over 50 , they may ask. In any case he said if I received any RFE he was willing to provide me a letter that INH treatment is not urgently needed.
Asked what if USCIS sends an RFE, the ID said that they usually do not ask for it for younger people but for someone over 50 , they may ask. In any case he said if I received any RFE he was willing to provide me a letter that INH treatment is not urgently needed.
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espoir
11-08 03:47 PM
Although July Fiasco was for EB only, there was a rush to file AOS for family based as well because of USCIS Fee increase from July 31st. Unless USCIS comes out with stats, everything else is guessing game. I guess that we can have better estimate after 3 or 4 bulletins and based on its forward movement.
senthil1
07-12 12:01 AM
Various conspiracy theories are
1. They made all PD current for July to encourage legal immigrants to support CIR. CIR is failed they backed out on July. But it has weak argument as they moved PD for about 2 years in previous month.
2. They made PD current based on rules and regulations as 60k Visa was available. But USCIS may lose fees increase so they backed out to get more revenue. If this is correct they will make all PD current in Oct 2007. But I do not think this will be reason as just for more money for Organization anyone will risk their career. If anyone gets personal financial gain then they might do but here there is no chance for that
3. Because first 2 weeks of June not much approvals of I485 DOS made all PD current. But when USCIS started approving cases they realized that there were enough applications already and alerted DOS and DOS issued revised VB
4. USCIS does not want flooding of I485 applications as that will be shown up as backlog. To prevent that they asked DOS to issue revised VB
There is going to be 3 important questions in Lawsuit(If court accepts lawsuit for consideration) or congress hearing(if happens)
1. Whether DOS or USCIS violated law in issuing revised VB.
2. Whether they violated law in bypassing FBI check for applications to make Visa numbers unavailable
3. Why they could not accept the I485 applications based on First VB? What is the need for issuing revised VB?
If this is true it's really horrible and scary that this gov. agency is handling our applications.
1. They made all PD current for July to encourage legal immigrants to support CIR. CIR is failed they backed out on July. But it has weak argument as they moved PD for about 2 years in previous month.
2. They made PD current based on rules and regulations as 60k Visa was available. But USCIS may lose fees increase so they backed out to get more revenue. If this is correct they will make all PD current in Oct 2007. But I do not think this will be reason as just for more money for Organization anyone will risk their career. If anyone gets personal financial gain then they might do but here there is no chance for that
3. Because first 2 weeks of June not much approvals of I485 DOS made all PD current. But when USCIS started approving cases they realized that there were enough applications already and alerted DOS and DOS issued revised VB
4. USCIS does not want flooding of I485 applications as that will be shown up as backlog. To prevent that they asked DOS to issue revised VB
There is going to be 3 important questions in Lawsuit(If court accepts lawsuit for consideration) or congress hearing(if happens)
1. Whether DOS or USCIS violated law in issuing revised VB.
2. Whether they violated law in bypassing FBI check for applications to make Visa numbers unavailable
3. Why they could not accept the I485 applications based on First VB? What is the need for issuing revised VB?
If this is true it's really horrible and scary that this gov. agency is handling our applications.
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paskal
08-22 03:02 PM
This sound like a good idea...our first option is to attend the rally. But if for some reason we are not able to make it...we can identify a place in all the states on the same day to show support for the DC rally.. I tried to find someone in Buffalo...but noone responded..dont know whether I will be able to attend the rally in DC.
if no one responds here, please find a friend in Buffalo to travel with you!
or in Rochester or Syracuse or something. Plesae help spread the word about the rally. The University most definitely has affected folks- in fact it has oodles of them! let us know hoe we can help you with motivating people to come...if you could collect enough people...one bus could start in Buffalo and work it's way down...
if no one responds here, please find a friend in Buffalo to travel with you!
or in Rochester or Syracuse or something. Plesae help spread the word about the rally. The University most definitely has affected folks- in fact it has oodles of them! let us know hoe we can help you with motivating people to come...if you could collect enough people...one bus could start in Buffalo and work it's way down...
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gc007
11-19 01:24 PM
I have recently returned using AP. I had 3 APs and the officer took one and returned 2 back to me. Both were stamped and the officer told me that for my next trip I can use the 2 APs with me. And also that I need not submit any AP on my next trip back.
Mo-Ti
06-15 02:44 PM
a very/too late appointment, but I just made this for another kidding "project" (with a few stolen things of fester, trying to make it worse) and thought you guys have to see it :x
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BMS1
08-21 02:16 PM
So, once you have finished the security check, your I485 is approved, unless CIS wants to interview you. You said only a small percentage, wow, I hope I don't get called for interview.
How long did you wait after your biometrics to get your 485 got approved?
There were twobiometrics. One was with initial application (probably Nov/Dec 2005) and another was in May 2007 when the first one expired (FP is valid for 15 months).
How long did you wait after your biometrics to get your 485 got approved?
There were twobiometrics. One was with initial application (probably Nov/Dec 2005) and another was in May 2007 when the first one expired (FP is valid for 15 months).
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mallu
08-06 03:29 AM
Like your thoughts on these topic... pardon me for my ignorance but whats the big deal about Name Check? will this take longer than the rest of the processing stages?
According to USCIS Ombudsman 1/3rd of cases are pending more than 1 year due to namecheck. Also there are many cases stuck for more than 3 years. E
According to USCIS Ombudsman 1/3rd of cases are pending more than 1 year due to namecheck. Also there are many cases stuck for more than 3 years. E
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srikanthmavurapu
08-16 03:00 PM
You have a valid H1 with the new employer (client), so there should be nothing wrong working with the client.
Have you or your client signed a contract with the parent company? If you have not signed a contract, there is nothing to worry. I would assume your client may have signed a contract with your parent company(old employer). If that's the case the issue is between you current employer (client) and you parent company (old employer).
You may also want to check with your attorney.
There is not direct signed contract with the client and old employer. There are like 3 layers inbetween client and the old employer. old employer have contract with the middle vendor not the client.
But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.
Thanks,
Srikanth
Have you or your client signed a contract with the parent company? If you have not signed a contract, there is nothing to worry. I would assume your client may have signed a contract with your parent company(old employer). If that's the case the issue is between you current employer (client) and you parent company (old employer).
You may also want to check with your attorney.
There is not direct signed contract with the client and old employer. There are like 3 layers inbetween client and the old employer. old employer have contract with the middle vendor not the client.
But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.
Thanks,
Srikanth
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tcsonly
07-21 04:07 PM
My PD is June 04 and the online status for my LC shows CERTIFIED since last week. Attorneys say they need DOL to send them the approved LC ... some document, which would be needed to file I-140 and I-485. Any idea how much time it takes for DOL to send the above said document back to the applicant or representative?
In that case, have your paper work ready such as medical tests, birth certs & related.
-C.
In that case, have your paper work ready such as medical tests, birth certs & related.
-C.
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TeddyKoochu
01-06 03:41 PM
Please read the text in the USCIS page carefully. You need to clearly satisfy at least 3 criteria. In practice, you try to provide at least some evidence for most criteria.
Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that
"Evidence that the alien has judged the work of others, either individually or on a panel;"
This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.
The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.
Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).
In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.
Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.
Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that
"Evidence that the alien has judged the work of others, either individually or on a panel;"
This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.
The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.
Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).
In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.
Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.
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AgentM
06-03 06:20 PM
I don't have the I-140 application ? is it still a problem if I switch companies?
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sj2273
06-11 02:30 PM
I missed the last rally and I regret it. There was a moment in time when we were all really energized. The flower campaign was brilliant. But now we seem to have lost that fire - me included! I dont even remember my dates anymore. I know we have a serious problem of getting people together for anything. But starting small in our own cities and connecting to a national IV would probably work. I am here in Sterling Heights, MI (Detroit Metro Area) and I am willing to host people in my area It will be great if others in other cities can do that too. I am dre. ming, but think about it if this works. We can march to washigton again such large numbers that everyone will notice. I really think its time to get together and do something. Bouncing ideas on IV boards is great but lets meet and get to know each other and see if can talk about this problem face to face across the country. Thats what grassroot effort it!. If nothing, we will find new friends in each other. I hope to find that fire in us again and I thank you for reading my post!
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pappu
04-15 05:34 PM
All members are requested to be careful what you post on the forum. Senior members are requested to be vigilant and inform the moderators if you find any post that maybe offensive or from anti immigrants.
This member is not a genuine IV member. No profile information has been given and a fake email id is given.
We will check such members with incomplete profile and point them out on the forum. To avoid such embarresment, please update your profiles with full information.
Bye Bye abby17 and abby from our forums.
This member is not a genuine IV member. No profile information has been given and a fake email id is given.
We will check such members with incomplete profile and point them out on the forum. To avoid such embarresment, please update your profiles with full information.
Bye Bye abby17 and abby from our forums.
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hsingh82
06-15 11:26 PM
Indonesia
I think your best bet would be that your parents apply for visa alone. I believe this will improve their chances of getting visa and once they get the visa then your siblings can apply. Good luck!
I think your best bet would be that your parents apply for visa alone. I believe this will improve their chances of getting visa and once they get the visa then your siblings can apply. Good luck!
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rc10580
06-13 03:06 PM
South of Brazil sounds good to me but my husband is not open to it and he is the one who is Brazilian :rolleyes:
He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?
He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?
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Quest99
09-14 03:30 PM
Here is my story:
I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.
Here is my problem:
1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).
I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.
I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).
Company B is asking me pay $3000 for some damages and they say that it is as per the contract.
To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.
The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).
The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.
I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.
Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.
I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.
Here is my problem:
1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).
I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.
I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).
Company B is asking me pay $3000 for some damages and they say that it is as per the contract.
To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.
The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).
The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.
I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.
Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.
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pmamp
06-13 09:21 AM
I work for US university on H1B. Based on my knowledge the following are valid points.
- There is no deadline or quota for H1B visa's for these non-profit orgs.
- You can transfer from F1, OPT to H1B (I did the same).
- If you are being paid by a for-profit org then you ARE SUBJECT TO QUOTA.
So, to answer your question (original poster), you will be subject to quota if you are working for a consulting firm (it does not matter if your assignment is at a non-profit org or not).
So, if you want to get a H1B visa try to get in directly with non-profit organization.
For many US university jobs you can visit:
http://www.higheredjobs.com
Good luck!
- There is no deadline or quota for H1B visa's for these non-profit orgs.
- You can transfer from F1, OPT to H1B (I did the same).
- If you are being paid by a for-profit org then you ARE SUBJECT TO QUOTA.
So, to answer your question (original poster), you will be subject to quota if you are working for a consulting firm (it does not matter if your assignment is at a non-profit org or not).
So, if you want to get a H1B visa try to get in directly with non-profit organization.
For many US university jobs you can visit:
http://www.higheredjobs.com
Good luck!
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paskal
02-17 01:30 AM
they have a quarterly limit too which ensures they have Gc numbers in the last quarter. so how did they exhaust the whole year's quota by feb? or was it just quarterly allocation?
indyanguy
03-18 07:37 PM
What is the reasonable time to wait for the approval of I-140 (EB3, NSC) before contacting the senator's office?
Mine has been pending for 8 months now.
Mine has been pending for 8 months now.
meridiani.planum
02-01 05:23 AM
thanks for the reply..this means having a dependent visa is the key at the time of approval..
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
