Rishi123
11-09 12:23 PM
Dear Friends :
Appreciate if you could provide some insight to my situation.
I had filed my labor certification from company (A) ( Based on future employment ) .
PD Sep/04
I did not work for the company (A)
My labor certification has got approved and now I am preparing to file I-140.
In the mean while my current employer (B) had approved to file my GC- ( PERM labor ) will get it filed in beginning of 2007.
Should I file my I-140 from company (A) in order to retain PD...I am told that once the I-140 gets approved from (A ) the priority date can get transferred to the company B when ever that I-140 stage reaches.
Is this a recommended course ? would there be flags raised when I file PERM labor & subsequent I-140 for company (B)..I came across items on the I-140 form that asks " has any Immigration visa petition ever being filed behalf of this person"..Not sure what are the implications if one confirms the same.
I am not able to get a clearer picture.
You help will be highly appreciated
Rishi
Appreciate if you could provide some insight to my situation.
I had filed my labor certification from company (A) ( Based on future employment ) .
PD Sep/04
I did not work for the company (A)
My labor certification has got approved and now I am preparing to file I-140.
In the mean while my current employer (B) had approved to file my GC- ( PERM labor ) will get it filed in beginning of 2007.
Should I file my I-140 from company (A) in order to retain PD...I am told that once the I-140 gets approved from (A ) the priority date can get transferred to the company B when ever that I-140 stage reaches.
Is this a recommended course ? would there be flags raised when I file PERM labor & subsequent I-140 for company (B)..I came across items on the I-140 form that asks " has any Immigration visa petition ever being filed behalf of this person"..Not sure what are the implications if one confirms the same.
I am not able to get a clearer picture.
You help will be highly appreciated
Rishi
wallpaper Boy (4-5) holding gun,
quizzer
10-05 12:26 PM
Naresh,
Please keep us posted.
Please keep us posted.
sledge_hammer
05-14 04:21 PM
^_^_^_^_^
2011 Guy+holding+gun+to+his+
Redeye
12-12 05:05 PM
I have EB3 PD of 2004 and it will take a while to get GC for sure. I am in a situation where I do not want to go for stamping and want to use AP in Feb 2008. If I do use AP will it invalidate my H1 with the same employer. My H1 6th year ends in 2010. If I get married in India at a later date will it be an issue to bring my spouse on H4 since I am a parolee?
Is there a way around this with a H1 extention at a later date and stamping at a later date?
Thanks
Is there a way around this with a H1 extention at a later date and stamping at a later date?
Thanks
more...
gbof
09-30 04:08 PM
I liked the tone and tenor of aila. What surprises me the most is there is NO work audit at uscis and they feel all powerful to scare/ trouble at their whim...
I got a RFE asking for I-612 approval from uscis. This was not at all required as the same was attached with I-485 filing. Moreover, without this approval H1B could not be filed and subsequently extended.
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiEVrAF1H659FDX-PSeG22xLpxrDCxjtn2QAusWwyM4hi5nApkJSj_tOQ9hluukANkEDebeFJ7Ev_uD5DvlK2qOVqsDN31Hqv8zn0TS_fe8734Sh0P54NnDDqW1nTU_kE3rK0RN0ERuAkk/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiEVrAF1H659FDX-PSeG22xLpxrDCxjtn2QAusWwyM4hi5nApkJSj_tOQ9hluukANkEDebeFJ7Ev_uD5DvlK2qOVqsDN31Hqv8zn0TS_fe8734Sh0P54NnDDqW1nTU_kE3rK0RN0ERuAkk/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
I got a RFE asking for I-612 approval from uscis. This was not at all required as the same was attached with I-485 filing. Moreover, without this approval H1B could not be filed and subsequently extended.
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiEVrAF1H659FDX-PSeG22xLpxrDCxjtn2QAusWwyM4hi5nApkJSj_tOQ9hluukANkEDebeFJ7Ev_uD5DvlK2qOVqsDN31Hqv8zn0TS_fe8734Sh0P54NnDDqW1nTU_kE3rK0RN0ERuAkk/s320/RFE+FROM+HELL.JPG (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiEVrAF1H659FDX-PSeG22xLpxrDCxjtn2QAusWwyM4hi5nApkJSj_tOQ9hluukANkEDebeFJ7Ev_uD5DvlK2qOVqsDN31Hqv8zn0TS_fe8734Sh0P54NnDDqW1nTU_kE3rK0RN0ERuAkk/s1600-h/RFE+FROM+HELL.JPG)
Dear Director Mayorkas:
Last week in a speech you broached the subject of the possible need to increase filing fees because of a decrease in the number of applications received by USCIS this fiscal year. You also noted that there was over $100 million shortfall in your budget because of these decreased filings. I have some suggestions to meet your budget.
First, look at your budget projections from this last year. Last October, who didn't see the recession? Why weren't reductions in force made at that time? On April 1 when only 33% of the H-1B applications were filed as compared to the year before, why didn't USCIS staff get pared down? A monumental increase in naturalization applications occurred before the Presidential elections (as they do every 4 years), who did not not see a decrease in naturalization applications for 2009! My heck, every business in America was laying off employees, but not USCIS!
Second, have a heart to heart talk with anyone who issues an RFE that requires more than 5 pages to respond to. This last week we submitted a 3,000 page (30 lb.) response to an RFE (see the picture above), which alleged that an Accountant was not a professional position! Director, what is the deal with your Service Centers? Is there simply too little to do and too many employees? The "service" we are receiving as your customers is not doing the American Economy any good.
Third, why are the local adjudications officers interviewing non-current priority date visa applicants, including on Saturdays in September! You are paying OVERTIME to examiners to interview people who cannot be approved for their green cards. What sense does that make?
I have many other ideas as well if you would like to chat. The bottom line is this. The agency you have just taken over is in serious need of a top to bottom review. You have a monstrous challenge ahead of you to bring this agency in line with the priorities it should have. Priorities that not only include national security, but also ensuring our own economic well being and competitiveness by promoting job growth and allowing companies to hire qualified workers, keeping families together through reunification, and bringing new citizens into the fold.
You need to get control of service centers, where officers are issuing, at increasingly frequent rates, Requests for Evidence that are not only unnecessary, but which are onerous and burdensome, and appear to be designed to make the employer give up his request for the visa application. You have local offices finding marriage "fraud" where no such fraud exists. You have CIS doing 25,000 random walk ins of legitimate U.S. employers of H-1B workers, disrupting the workplace asking questions about the H-1B employer, without regard to a lawyers appearance in the case in clear violation of the 6th Amendment. The list could go on about what your agency is doing wrong. And, while there are things USCIS does right, the reality is that rather than serving immigrants and their employers, you are punishing them.
So, before you raise your fees, I think you MUST first get your own house in order. You should not and cannot honestly balance your budgetary disaster on the backs of the employers and immigrants you are committed to serving.
With all sincerity, I wish you the best of luck in your new position.
https://blogger.googleusercontent.com/tracker/186823568153827945-2662713464097056944?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)
GCaspirations
10-02 11:53 AM
Can one apply for Social Security # after getting EAD card ?
Once you received your EAD card, you can apply for SSN.
Once you received your EAD card, you can apply for SSN.
more...
dealsnet
02-26 01:22 PM
Don't answer to this person. He is started many threads and make funny questions. He is wasting our time. All contradition. See some of his postings below. One question he talks about receiving GC posted to his parents. Another talks about his sister. Admin................Please take care of this guy.!!!!!!!!!
Originally Posted by nirdlalegcade
yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..
Today, 01:37 PM
nirdlalegcade
Junior Member Join Date: Jan 2008
Posts: 15
what if
________________________________________
what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?
01-20 05:08 PM
nirdlalegcade
Junior Member Join Date: Jan 2008
Posts: 15
leaving US without greencard but has H4 visa.
________________________________________
Hi to all. (questions are in BOLD, RED / GREEN words)
Actually, I don't have any idea on this but I just want to ask if I can leave & go back to the US with just my H4 visa? Cause I'm still waiting for my green card cause it's still in process.
My parents are here in the US and the reason why I want to go back to my country is because I want to continue my studies there.
Another question is:
If I go back in my country with just the H4, what if while I'm in my country and my green card is sent in my parents (in US), Can they just send the green card to me and use it if I go back to US?
PLEASE HELP ME.
I appreciate any help. Thank you.
cause i'm kinda desperate. he-he-he.
________________________________________
Last edited by nirdlalegcade : 01-20-2008 at 05:41 PM.
what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?
Originally Posted by nirdlalegcade
yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..
Today, 01:37 PM
nirdlalegcade
Junior Member Join Date: Jan 2008
Posts: 15
what if
________________________________________
what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?
01-20 05:08 PM
nirdlalegcade
Junior Member Join Date: Jan 2008
Posts: 15
leaving US without greencard but has H4 visa.
________________________________________
Hi to all. (questions are in BOLD, RED / GREEN words)
Actually, I don't have any idea on this but I just want to ask if I can leave & go back to the US with just my H4 visa? Cause I'm still waiting for my green card cause it's still in process.
My parents are here in the US and the reason why I want to go back to my country is because I want to continue my studies there.
Another question is:
If I go back in my country with just the H4, what if while I'm in my country and my green card is sent in my parents (in US), Can they just send the green card to me and use it if I go back to US?
PLEASE HELP ME.
I appreciate any help. Thank you.
cause i'm kinda desperate. he-he-he.
________________________________________
Last edited by nirdlalegcade : 01-20-2008 at 05:41 PM.
what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?
2010 Asian Man Holding Gun
eastindia
04-22 09:28 AM
So basically you are saying you cannot sue the people responsible for greencard problem.
I think the only option left is to either sue God or sue yourself for your bad luck.
I think the only option left is to either sue God or sue yourself for your bad luck.
more...
pappu
09-05 06:08 PM
There is already a big thread (IV spotlight sticky) on this topic. You should get all info from there. Could you try searching else someone else on the forum can help post the link. That should answer all your questions.
hair Hand holding gun, close-up
delhirocks
06-21 01:20 AM
I think if PD remains current and continues to be current after october, then the I-485s are processed and approved as per the receipt date(RD). So your RD matters if everything continues to be current. If they retrogress, then I-485s are still processed as per I-485 RD, regardless of PD, but if the that PD is not current, then it it will be "placed in suspense" until such PD will become current.
I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
The above is just my theory. I could be totally off, so don't come to any conclusions.
I agree...
I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
The above is just my theory. I could be totally off, so don't come to any conclusions.
I agree...
more...
krithi
03-22 12:39 PM
All,
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
I am in the same boat and travelled twice, no questions asked about employment.
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
I am in the same boat and travelled twice, no questions asked about employment.
hot Dinosaur soldier holding gun.
shana04
07-21 09:05 AM
Friends / Gurus,
Please advice or suggest.
Here is my situation, filed I 485 in July 2007 and No FP done.
Called USCIS in Mar 2008 and opened a SR and got SR for my self in hard copy and an email for my wife that some one contacted about your case for FP and a notice will be mailed to with specific time and date.
And I waited this long and no notice has arrived for me and dates are current in Aug 2008.
Today (July 21 2008) I called USCIS and used the following menus.
2-6-1-(Enter Receipt Number)-1-1-3-1
And a representative has greeted very well and asked bunch of questions and asked to answer yes or no (no details just yes or no)
Then she said as the Background Clearance has not been done for my case, they would not send the FP. And to open a SR I have to wait at least 441 days from Receipt date of I485 to open SR.
When I asked about my wife's case, she replied the same in no FP has done then probably she has not got her background clearance yet. so need to wait for 441 days for her case too.
Then I said my dates are current and if no FP done then I would loose my chance and she replied that until background clearance is done no FP will be sent and they would not touch the case until then.
Friends / Gurus, any advice or please let me know how to follow up on this. I do not want to loose this opportunity.
Thanks in advance.
Shana
Please advice or suggest.
Here is my situation, filed I 485 in July 2007 and No FP done.
Called USCIS in Mar 2008 and opened a SR and got SR for my self in hard copy and an email for my wife that some one contacted about your case for FP and a notice will be mailed to with specific time and date.
And I waited this long and no notice has arrived for me and dates are current in Aug 2008.
Today (July 21 2008) I called USCIS and used the following menus.
2-6-1-(Enter Receipt Number)-1-1-3-1
And a representative has greeted very well and asked bunch of questions and asked to answer yes or no (no details just yes or no)
Then she said as the Background Clearance has not been done for my case, they would not send the FP. And to open a SR I have to wait at least 441 days from Receipt date of I485 to open SR.
When I asked about my wife's case, she replied the same in no FP has done then probably she has not got her background clearance yet. so need to wait for 441 days for her case too.
Then I said my dates are current and if no FP done then I would loose my chance and she replied that until background clearance is done no FP will be sent and they would not touch the case until then.
Friends / Gurus, any advice or please let me know how to follow up on this. I do not want to loose this opportunity.
Thanks in advance.
Shana
more...
house Girls With Guns Calendar.
![holding gun. holding gun] POS 6 - U.S.,](http://popartmachine.com/artwork/LOC%2B1179668/0/%255BSmiling-black-mother-with-child-holding-gun%255D-POS-6---U.S.,-no.-535...-painting-artwork-print.jpg "holding gun] POS 6 - U.S.,")
ChainReaction
04-18 09:09 AM
I already have two labor certification petition both of which are stuck in PBEC. MY first labor cert has PD of March 2003 and the other Feb 2005 . ON my lawyers advice i filed my second labor under RIR instead of waiting for another month and filing under PERM what a big mistake i made... I am onmy 5th yr on H1b and was hoping to Get at least 3yr ext if i was able to file 1-140 and have it approved before i file for the H1b . :(
tattoo Me Holding Gun to head
vikki76
04-21 12:21 PM
Yes, you can move to H4 and then to H1-B as long as that H1-B is filed within 12 months. Otherwise, your application will be subject to 65K cap limit
H4 can be filed onself, I have seen some of my friends do it. To file AOS once PD is current, it is essential that one be in H1-B status.
H4 can be filed onself, I have seen some of my friends do it. To file AOS once PD is current, it is essential that one be in H1-B status.
more...
pictures holding gun, with hatchet
delhis_007
12-21 10:39 AM
I'll be joining in from ND. I dont know of any other members from this state.
dresses Man holding gun, waiting
aquarianf
06-25 10:22 AM
As we all know that priority dates became current in the latest visa bulletin. My lawyer made all my paper work ready and is about to file my paperwork with USCIS today. I am not sure if we can file the application a week before it actually becomes current.
I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?
Wait till 1st July. My friend who send his application on 29th May still waiting for receipt number but other friends who filed in June first week got their receipt number.
I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?
Wait till 1st July. My friend who send his application on 29th May still waiting for receipt number but other friends who filed in June first week got their receipt number.
more...
makeup Girl holding gun
JunRN
11-09 12:00 AM
That same link you gave tells us that 655k is pending/back-log for AOS....
girlfriend Hispanic Cop Holding Gun
fran5477
02-19 11:24 AM
I am curious to know on what basis was your case approved? maybe it was USCIS mistake? Like I wrote before we sent my case twice with the bright colored paper and to a supervisor and twice they said it had the incorrect fees (originally) and then that there where no numbers available and to wait to PD to be current.
What I heard is that only if THEY make a mistake the 485 gets approved. Also if the check bounces, other than that I have been there and done that and nothing.
What I heard is that only if THEY make a mistake the 485 gets approved. Also if the check bounces, other than that I have been there and done that and nothing.
hairstyles of a soldier holding gun.
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?
senthil1
04-15 01:40 PM
Hi
Your post does look like anti immigrant who want to make fun of potential immigrants or undermining US citizenship by immigrants. I hope those observations are incorrect
Hello, I think I made a mistake. I recently went from GC to citizenship and it cost me my job. I was
fired shortly after becoming a citizen. I am from a country other than yours. Sorry about that. There is no particular website that represents immigration from the country I immigrated from.
The employer replaced me with a visa card holder. After I trained him, I was fired and my boss was fired.
I am a skilled programmer with advanced degree. Employers from the dice.com website refuse to even acknowledge my resumes. Being unemployed is no way to be a new citizen. So I am ready to give up searching and move to India,in search of programming work. All I want to do is write code. I do not desire to make a point or to annoy anyone, I just want to work and write source code and try to get on with my life.
What are my chances to find work with the giant IT corporations of India? I am ready to move today. Can I revoke my US citizenship and immigrate to your country??? Sorry sorry sorry if this offends anyone, I do not mean to annoy any of you. I just want to have a job and write code and I will be on my way.
Thank you, thank you, thank you, for permitting me to present my delima to this your website.
abby
Your post does look like anti immigrant who want to make fun of potential immigrants or undermining US citizenship by immigrants. I hope those observations are incorrect
Hello, I think I made a mistake. I recently went from GC to citizenship and it cost me my job. I was
fired shortly after becoming a citizen. I am from a country other than yours. Sorry about that. There is no particular website that represents immigration from the country I immigrated from.
The employer replaced me with a visa card holder. After I trained him, I was fired and my boss was fired.
I am a skilled programmer with advanced degree. Employers from the dice.com website refuse to even acknowledge my resumes. Being unemployed is no way to be a new citizen. So I am ready to give up searching and move to India,in search of programming work. All I want to do is write code. I do not desire to make a point or to annoy anyone, I just want to work and write source code and try to get on with my life.
What are my chances to find work with the giant IT corporations of India? I am ready to move today. Can I revoke my US citizenship and immigrate to your country??? Sorry sorry sorry if this offends anyone, I do not mean to annoy any of you. I just want to have a job and write code and I will be on my way.
Thank you, thank you, thank you, for permitting me to present my delima to this your website.
abby
paskal
12-26 02:58 PM
/\/\/\/\/\/\/\/\
No comments:
Post a Comment