greyhair
04-21 11:45 AM
I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.
So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.
Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...
Look at the bright side. Now you can sue US Congress. When is that lawsuit coming up? Please keep us posted.
So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.
Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...
Look at the bright side. Now you can sue US Congress. When is that lawsuit coming up? Please keep us posted.
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jbr
02-27 06:55 PM
Not sure if the conference call mentioned in the previous post has already been held. I wouldn't mind joining in future calls. Thanks.
gc_check
04-08 04:22 PM
Visa Bulletin For May 2011 (http://www.travel.state.gov/visa/bulletin/bulletin_5424.html)
Employment- Based All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01AUG06 01JUL06 C C
3rd 22AUG05 15APR04 15APR02 08SEP04 22AUG05
Other Workers 08SEP03 22APR03 15APR02 08SEP03 08SEP03
.
Well, this shows the reality of demand for visa and a dire need for a solution.
Well, Congress will stills get paid even if the Govt. is shutdown and they do something!!! about this along with the tons of other items on their to do list :mad:
Employment- Based All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01AUG06 01JUL06 C C
3rd 22AUG05 15APR04 15APR02 08SEP04 22AUG05
Other Workers 08SEP03 22APR03 15APR02 08SEP03 08SEP03
.
Well, this shows the reality of demand for visa and a dire need for a solution.
Well, Congress will stills get paid even if the Govt. is shutdown and they do something!!! about this along with the tons of other items on their to do list :mad:
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kami97
06-11 03:25 PM
Thanks so much for the info. Really appreciate it. I think I will then wait and see if they send a RFE. Best wishes to all!
more...
chris
02-12 02:51 AM
Yes.. I did contacted to congresman office.
His office informed me that our cases are assigned to adjudicating officer.
damn! sorry to hear that Chris, did you contact any congressmen? as for me, I need to take some vacation, this gc bug has bitten me and its hurting now.:)
His office informed me that our cases are assigned to adjudicating officer.
damn! sorry to hear that Chris, did you contact any congressmen? as for me, I need to take some vacation, this gc bug has bitten me and its hurting now.:)
mambarg
07-27 08:14 PM
How about if Company closes down ?
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mheggade
05-22 11:36 AM
All,
so Please dont jump at this rule , think about it its good for us , I m sure guys who filed their labor late 2007/early 2008 will be thinking oh what happens if July 07 happens again , but trust me thats very unlikely ..Also your 140 will be approved way a head before you apply for 485.
On the Postive side ...Even if July becomes current , people are still good to apply concurrent. Because this rule will come into effect only from Aug.
Cheer up.
so Please dont jump at this rule , think about it its good for us , I m sure guys who filed their labor late 2007/early 2008 will be thinking oh what happens if July 07 happens again , but trust me thats very unlikely ..Also your 140 will be approved way a head before you apply for 485.
On the Postive side ...Even if July becomes current , people are still good to apply concurrent. Because this rule will come into effect only from Aug.
Cheer up.
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vxb2004
12-25 01:42 PM
Very happy for you. Have a great new year!...finally free..;)
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sabr
09-19 03:17 PM
Quick Q:
Lets say my H1b renewal is pending..while its pending I used EAD for a diff company than my sponsoring company( I will be with my Sponsoring company but in bench). Then my H1b gets approved. Can I still work with a diff company till I choose to go out to stamp for H1b and once am in US i can start working for my sponsoring company again?
Lets say my H1b renewal is pending..while its pending I used EAD for a diff company than my sponsoring company( I will be with my Sponsoring company but in bench). Then my H1b gets approved. Can I still work with a diff company till I choose to go out to stamp for H1b and once am in US i can start working for my sponsoring company again?
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02-29 12:42 PM
^^^^
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sush
10-02 08:21 PM
Service Center: Texas
Type: Regular
Category: EB2
Filing Type: non-concurrent
USCIS Receipt Date: 26 May 2006
RFE: no
I-140 Status: Case received and pending
Approval/Denial Date: N/A
Nationality: India
Tried to upgrade to PP on June 18th but no response from USCIS.
Received a letter after my attorney's enquiry that it is in a background check.
been near 500 days... :confused::mad:
Type: Regular
Category: EB2
Filing Type: non-concurrent
USCIS Receipt Date: 26 May 2006
RFE: no
I-140 Status: Case received and pending
Approval/Denial Date: N/A
Nationality: India
Tried to upgrade to PP on June 18th but no response from USCIS.
Received a letter after my attorney's enquiry that it is in a background check.
been near 500 days... :confused::mad:
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ashkam
08-17 11:36 AM
ashkam
How many years do they renew the license based on I-485 receipt at Malvern DMV?
Thanks
For renewal they did not even ask me for any documentation. Renewed online, went to DMV and got it for 4 years.
How many years do they renew the license based on I-485 receipt at Malvern DMV?
Thanks
For renewal they did not even ask me for any documentation. Renewed online, went to DMV and got it for 4 years.
more...
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the_jaguar
11-21 02:50 PM
A suggestion to folks sending emails:
Please keep the first email precise and compact (typically one paragraph). If it is longer, most people will not take the time to read through it, and some of the important/hard hitting points might never be read.
While immigration is a very close and dear issue for us folks, we should not expect the rest of the country including the media to feel the same way. Hence, small & precise emails have the most impact..
If they respond to our email, then it makes sense to send them a detailed response detailing the issues legal, high skilled immigrants currently face..
Just my $0.02..
Please keep the first email precise and compact (typically one paragraph). If it is longer, most people will not take the time to read through it, and some of the important/hard hitting points might never be read.
While immigration is a very close and dear issue for us folks, we should not expect the rest of the country including the media to feel the same way. Hence, small & precise emails have the most impact..
If they respond to our email, then it makes sense to send them a detailed response detailing the issues legal, high skilled immigrants currently face..
Just my $0.02..
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AK01
03-26 10:48 PM
Don't listen to those who would tell you that you need 5 years after your degree was awarded. TALK TO A FREAKING LAWYER.
Simply untrue.. The magic word is: progressive, progressive, progressive...
From horse's mouth:
http://www.immigrationlinks.com/news/news215.htm
(see example from the above link below). If you file EB-2 without MS and your 5-years of experience is not post Bachelor's (or the underlying job doesn't require 5-years of post Bachelor's experience), your I-140 will be denied. If you file it, and it doesn't get denied, then the adjudicator made a mistake and consider yourself lucky.
EB-2 is Masters or BS + 5 years of progressive experience. Both for job requirement and alien qualification.
From the link:
The following are examples of actual statements contained at blocks 14 and 15 of the ETA-750. They are by no means exhaustive. Their inclusion here is intended to simply illustrate concepts discussed in this memorandum.
Position 1: Staff Software Engineer
ETA 750 Item 14:
Education - B.S. (or foreign equiv.) comp. science, elec. eng., or related field.
Experience - 5 years job offered or 5 years related occupation software engineer.
ETA 750 Item 15:
Exp. must include: design & development of major software subsystems; RDBMS internals; operating system internals; complex systems software design; symmetric multiprocessing and large scale network systems.
It is unclear whether this job requires 5 years of experience following receipt of the baccalaureate. For this reason, the adjudicator should request that the petitioner provide a supplemental statement clarifying whether the position requires five years of post-baccalaureate experience that is truly progressive in nature. If the supplemental statement establishes that the minimum qualifications for the position require a member of the professions holding an advanced degree and, assuming the beneficiary possesses these qualifications, the petition should be approved.
Simply untrue.. The magic word is: progressive, progressive, progressive...
From horse's mouth:
http://www.immigrationlinks.com/news/news215.htm
(see example from the above link below). If you file EB-2 without MS and your 5-years of experience is not post Bachelor's (or the underlying job doesn't require 5-years of post Bachelor's experience), your I-140 will be denied. If you file it, and it doesn't get denied, then the adjudicator made a mistake and consider yourself lucky.
EB-2 is Masters or BS + 5 years of progressive experience. Both for job requirement and alien qualification.
From the link:
The following are examples of actual statements contained at blocks 14 and 15 of the ETA-750. They are by no means exhaustive. Their inclusion here is intended to simply illustrate concepts discussed in this memorandum.
Position 1: Staff Software Engineer
ETA 750 Item 14:
Education - B.S. (or foreign equiv.) comp. science, elec. eng., or related field.
Experience - 5 years job offered or 5 years related occupation software engineer.
ETA 750 Item 15:
Exp. must include: design & development of major software subsystems; RDBMS internals; operating system internals; complex systems software design; symmetric multiprocessing and large scale network systems.
It is unclear whether this job requires 5 years of experience following receipt of the baccalaureate. For this reason, the adjudicator should request that the petitioner provide a supplemental statement clarifying whether the position requires five years of post-baccalaureate experience that is truly progressive in nature. If the supplemental statement establishes that the minimum qualifications for the position require a member of the professions holding an advanced degree and, assuming the beneficiary possesses these qualifications, the petition should be approved.
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ItIsNotFunny
10-30 04:45 PM
Dude you have the AP use it... I have travelled on AP multiple time no issues. I have an approved H1 which I dont use any more...
All the best
You serious that you have valid H1B but you travelled and entered back on AP?
Why would you do that?
All the best
You serious that you have valid H1B but you travelled and entered back on AP?
Why would you do that?
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jetflyer
06-10 09:09 AM
Long History
Mix of Visa Types
Labor Sub
These might have pulled the trigger for RFE
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
Mix of Visa Types
Labor Sub
These might have pulled the trigger for RFE
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
more...
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aph0025
11-12 12:15 PM
Of course, I am assuming your previous status was H-4. If it was F-1 or something else, I don't know if you have valid permit to return to that status
I was on F1 visa. I had my OPT valid up to the 15th of Jan. 2008. My consultant filed for my H1B to begin from the 1st Oct. 2007. For any one in my situation (F1 to H1B), please do not let go of your valuable OPT time, in lieu of H1B, how much ever influential the consultant is (in terms of getting you a project). They would always want you to begin at the earliest so they can be assured of your services with them. Make sure they put down your begin date, only after the last date of OPT period on the H1B documentation.
So, in my situation, I do not have a valid reason to re enter the US. That is why I want to get my visa transferred over here. Considering I do not have pay stubs, a lot is dependant on my fate, I guess. Thanks for your reply.
I was on F1 visa. I had my OPT valid up to the 15th of Jan. 2008. My consultant filed for my H1B to begin from the 1st Oct. 2007. For any one in my situation (F1 to H1B), please do not let go of your valuable OPT time, in lieu of H1B, how much ever influential the consultant is (in terms of getting you a project). They would always want you to begin at the earliest so they can be assured of your services with them. Make sure they put down your begin date, only after the last date of OPT period on the H1B documentation.
So, in my situation, I do not have a valid reason to re enter the US. That is why I want to get my visa transferred over here. Considering I do not have pay stubs, a lot is dependant on my fate, I guess. Thanks for your reply.
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Pineapple
11-07 10:41 AM
My lawyer did NOT fill up I-765 again. That is not required in case of obvious typos or mistakes done by USCIS. She just wrote a letter explaining the error, attached two copies of my wife's photos, and included a copy of proof of identity. (Drivers license copy). No need to write a check, obviously. Also, the letter has to be sent to the service center which issued your EAD card.
I has been about three weeks since the lawyer sent out the letter.. no replacement EAD card yet, but got a couple of LUDs in the past few days.. so I'm hopeful.. let us see..
Will post when we get the EAD card, so other's in the same boat can estimate how long it takes to get EAD cards corrected. Hope his helps..
I has been about three weeks since the lawyer sent out the letter.. no replacement EAD card yet, but got a couple of LUDs in the past few days.. so I'm hopeful.. let us see..
Will post when we get the EAD card, so other's in the same boat can estimate how long it takes to get EAD cards corrected. Hope his helps..
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salvador marley
07-14 10:55 AM
when was the deadline for this? i take it that the guy who did the one with the moon has won it.
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.
mk58581
06-06 05:47 PM
Hi
Thank u for the response
client is a finacial firm UBS.
Consulting firm is a direct vendor to the client and they transferred my H1 offerrin' me FT
This was the offer they pay $x on a daily basis -- W2
$65k -- they will mention in H1 and the remaining amount as per the W2 they will pay as bonus once every 3 months, tht's wht the agreetment is.
In the contract i was mentioning it says in case i fail to provide services to the vendor i am suposed to pay all the expenses they spent on me but the thing is client rejected the offer and there was no job @ all and they stopped floating my resume, askin' me to find a job myself.
This is the email i received.... but the thing is i never started at all bcoz of clients rejection based on credit report.
You and vendor entered into an agreement on or about March 8th 2010. According to the agreement you were to provide your services to Vendor by working on a project for our client UBS. Your services were to commence on March 22, 2010
To date, you have not fulfilled your obligations nder the agreement and thus youare required to pay Vendor the total sum of amounts for obtaining your work authorisation along with the cost of obtainig your background check.
If i am still not clear please let me knw
Thanks Again
Rgds
Kumar
Thank u for the response
client is a finacial firm UBS.
Consulting firm is a direct vendor to the client and they transferred my H1 offerrin' me FT
This was the offer they pay $x on a daily basis -- W2
$65k -- they will mention in H1 and the remaining amount as per the W2 they will pay as bonus once every 3 months, tht's wht the agreetment is.
In the contract i was mentioning it says in case i fail to provide services to the vendor i am suposed to pay all the expenses they spent on me but the thing is client rejected the offer and there was no job @ all and they stopped floating my resume, askin' me to find a job myself.
This is the email i received.... but the thing is i never started at all bcoz of clients rejection based on credit report.
You and vendor entered into an agreement on or about March 8th 2010. According to the agreement you were to provide your services to Vendor by working on a project for our client UBS. Your services were to commence on March 22, 2010
To date, you have not fulfilled your obligations nder the agreement and thus youare required to pay Vendor the total sum of amounts for obtaining your work authorisation along with the cost of obtainig your background check.
If i am still not clear please let me knw
Thanks Again
Rgds
Kumar
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