jayleno
03-11 11:26 AM
Its 100% fraud and abuse. I'm suprised you even thought of asking about this. The answer is in your question.
I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
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satyasaich
09-23 06:29 AM
Well instead of going back after H1 expires, the people can chose to be illegals. Then their Kids will get GC under the DREAM ACT.:D
though hilariously said, you have a point indeed.
though hilariously said, you have a point indeed.
DallasBlue
07-31 08:42 PM
Join state chapter to be upto date.
http://groups.yahoo.com/group/texasiv
http://groups.yahoo.com/group/texasiv
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seahawks
03-27 12:54 AM
you can volunteer for your future employer as long as there is no financial transactions involved.
more...
mani_r1
12-11 03:09 PM
I got only 2 copies of AP from TSC. I might have to go to India multiple times in coming months (more that 2). Will the POE officer take the original AP on each entry? Is there any USCIS/CBP reference/guidelines that instructs the POE officer to take the copies and leave the orignals with us? Any help appriciated
Thanks
Thanks
fcres
12-10 03:04 PM
My Labor approval uses something that starts with 030-16-**** but there is nothing in SOC with 16 are they changed recently? any clue?
Thats the old D.O.T code. You need to find the corresponding SOC Code.
http://online.onetcenter.org/help/online/crosswalk
Thats the old D.O.T code. You need to find the corresponding SOC Code.
http://online.onetcenter.org/help/online/crosswalk
more...
legal_la
07-17 06:24 PM
PLEASE HELP PLEASE
I am going to India on 19th July as my mothe ris very sick... what should i need to do? i am coming back on 4th august
Nothing is more important than visiting her dont even worry about this, and regarding your filing you are still fine you will be able to file after you come back. Just keep all documents ready best you can before you leave and even after you come back you will have 13 days to send the application.
I am going to India on 19th July as my mothe ris very sick... what should i need to do? i am coming back on 4th august
Nothing is more important than visiting her dont even worry about this, and regarding your filing you are still fine you will be able to file after you come back. Just keep all documents ready best you can before you leave and even after you come back you will have 13 days to send the application.
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BimmerFAn
06-13 01:45 PM
No there is no premium processing process for waiver applications. There seems to be no apparent order in the order they are adjudicated. Once the Department of State recommends you for a waiver you may apply for H1B change of status with the recommendation alone. If ur H1B application is filed for premium processing then the USCIS might adjudicate the waiver within 15 days as part of the h1b processing.
more...
avi101
05-19 04:10 AM
Here's my 2c
- I guess you may already be aware that you can file I485 only if your PD is current.
- Don't delay applying for your I140. Atleast get that going. The more you delay, the more things may change, rules may change at USCIS.. you never know. Plus, once you get your I40 approved and if you decide to quit your current employer you should be able to port your Priority Date. (There are conflicting opinions on what happens should the employer revoke your I140, so research more on that.) If DOL comes out with rule to end labor substitution, then your employer wont have any benefit in revoking your I140. A decision on labor substitution may be coming soon.
- Beside the I140 application notice, you also need employment support letter from your employer for your I485 as yours is an employment based GC. Your employer can delay all they want. My suggestion would be get in good terms with him\her (I know its difficult but suck up for some time), see if you can work out an NON-WRITTEN agreement on continuing to work for an extended period of time. If you put something in writing saying that you wont work afte r x number of months, it could potentially hurt you. GC needs good faith intent from both employer and beneficiary. Your employer can use that against you. Also, if there are any I140 RFEs you may still need your employer's help.
So don't burn bridges if you can. If you can't tolerate your employer any more, atleast try to get your I140 applied and approved so that you have a shot at retaining your PD.
- I guess you may already be aware that you can file I485 only if your PD is current.
- Don't delay applying for your I140. Atleast get that going. The more you delay, the more things may change, rules may change at USCIS.. you never know. Plus, once you get your I40 approved and if you decide to quit your current employer you should be able to port your Priority Date. (There are conflicting opinions on what happens should the employer revoke your I140, so research more on that.) If DOL comes out with rule to end labor substitution, then your employer wont have any benefit in revoking your I140. A decision on labor substitution may be coming soon.
- Beside the I140 application notice, you also need employment support letter from your employer for your I485 as yours is an employment based GC. Your employer can delay all they want. My suggestion would be get in good terms with him\her (I know its difficult but suck up for some time), see if you can work out an NON-WRITTEN agreement on continuing to work for an extended period of time. If you put something in writing saying that you wont work afte r x number of months, it could potentially hurt you. GC needs good faith intent from both employer and beneficiary. Your employer can use that against you. Also, if there are any I140 RFEs you may still need your employer's help.
So don't burn bridges if you can. If you can't tolerate your employer any more, atleast try to get your I140 applied and approved so that you have a shot at retaining your PD.
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furiouspride
04-22 12:08 AM
enjoy food.. best place to enjoy all sorts of food in US
By all sorts, you mean Indian? :D
By all sorts, you mean Indian? :D
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Nikith77
10-05 03:32 PM
I did that today and they also call the same number from there.
The caller clearly told me that Citizens or CG only
The caller clearly told me that Citizens or CG only
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kramac01
08-13 06:18 PM
Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.
So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.
Dec2002 EB3 India.
How to check the LUDs in USCIS website?
So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.
Dec2002 EB3 India.
How to check the LUDs in USCIS website?
more...
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aph0025
11-12 10:36 AM
Thanks a ton, edaltsis. Do you happen to know any good lawyer in and around Dallas? Or anywhere for that mater, who can handle this issue with ease? I did speak to a couple of them here, but I did not get a good feeling about my case from them.
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sreedhar
11-07 12:12 AM
sreedhar
Keep that GRIN for your later years, this web site is made to help people who are stuck in the immigration limbo.
There are lot of us out there who have their personal decisions at stake.
Agree with you....But I am telling Truth... Truth is always like this Buddy...Do not feel emotion. I am also here for get help from other people and if possible I will help other people. Still I don’t know what is wrong with my previous response bellow…
“Why you worried about PDs...Yours is 2007....have to wait several years”
Keep that GRIN for your later years, this web site is made to help people who are stuck in the immigration limbo.
There are lot of us out there who have their personal decisions at stake.
Agree with you....But I am telling Truth... Truth is always like this Buddy...Do not feel emotion. I am also here for get help from other people and if possible I will help other people. Still I don’t know what is wrong with my previous response bellow…
“Why you worried about PDs...Yours is 2007....have to wait several years”
more...
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Junky
09-16 01:27 PM
Call House Judiciary Committee Members for HR 5882
http://immigrationvoice.org/forum/sh...ad.php?t=21393
Calls to ?
http://immigrationvoice.org/forum/sh...ad.php?t=21393
Calls to ?
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Be_Pragmatic
06-20 12:57 PM
Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.
I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.
My 2 cents but please do what is right for you.
I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.
My 2 cents but please do what is right for you.
more...
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Bpositive
01-02 10:41 AM
Appreciate the responses...my concern was whether a potential H1B denial would cause problems at port of entry when using Advance Parole...
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indo_obama
05-19 12:12 PM
Try to apply in another consulate . that might help. Otherwise as everybody has mentioned you are sufferring coz of the indian outsourcing giants who have abused every other VISA
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jungalee43
02-16 12:35 PM
The most important issue related to Retrogression is the 'per country of birth' quota. The problem of retrogression would be much less severe if this quota is abolished as it was done I believe in AC21. Can anyone confirm about this provision in AC21?
I have also noticed that in the immigration voice presentation though the problem of 'country quota' is very effectively highlighted, it is not included in the goals. Even the president's report mentions this quota as a problem. I would like to draw attention of the admin to this. Removal of this quota should be one of our primary goals. Of course recycling of lost numbers and not counting dependants against quota are important goals. Can admin include this in the goals slide? I am planning to take this presentation when I meet the local congressman who has so far responded to my correspondence very sympathetically.
I have also noticed that in the immigration voice presentation though the problem of 'country quota' is very effectively highlighted, it is not included in the goals. Even the president's report mentions this quota as a problem. I would like to draw attention of the admin to this. Removal of this quota should be one of our primary goals. Of course recycling of lost numbers and not counting dependants against quota are important goals. Can admin include this in the goals slide? I am planning to take this presentation when I meet the local congressman who has so far responded to my correspondence very sympathetically.
BharatPremi
07-11 11:18 PM
Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.
USCIS Ombundsman report from JUNE 2007 says:
"For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
- As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.
USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.
End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).
As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.
If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.
If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.
Anybody thinks the above makes sense?
jazz
When you were Jazzing, everybody already spent time to know this...a month ago.. Anyway welcome to the party... "Der se aye Durast Aye... welcome :) :)
USCIS Ombundsman report from JUNE 2007 says:
"For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards.36 - Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers.37
- As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
Dept of State: Sees visa numbers not being used, chances of visas going unutilized/unused/wasted/lost again this year. Makes July visa bulletin CURRENT for all countries & categories.
USCIS: Scrambles to approve as many visas as possible to 1) Prove they're working hard, in light of the Ombundsman Report from June 2) Save themselves from the avalanche of I-485s, EADs and AP filings in June, knowing 3) Filing fees go up like crazy on 30th July.
End Result: More visa numbers requested (but they didn't complete issuing all of them, even over the weekend).
As things stand, if they approved stuff on 1st July, it means visa numbers were in fact available on 1st July.
If they approved without completing FBI check - that's going to raise a stink and isn't entirely legal anyways.
If they *still had visa numbers available on July 2* - request from DoS but not approved, they're in bigger trouble, imho.
Anybody thinks the above makes sense?
jazz
When you were Jazzing, everybody already spent time to know this...a month ago.. Anyway welcome to the party... "Der se aye Durast Aye... welcome :) :)
raghureddy
03-18 04:08 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
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
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