CHRAMA
04-14 02:44 PM
My I-140 was denied incorrectly , as a result my I-485 was denied.
The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.
My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.
I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.
Can I use my EAD?-----My Lawyer says my EAD is invalid.
The USCIS is claiming that the I-140 Petition was filed without a certified PERM application. This is absolutely incorrect. The original certified PERM application was filed with the I-140 Petition. I have a photocopy of the original PERM application.
My lawyer filed MTR for both I140 and I485 6weeks ago.I received receipt notices for both I290B.
I was working on my H1B till last week, but was laid off last week and I am searching for job.No one is offering job on H1B.I send a letter to coressman explaining my situation.
Can I use my EAD?-----My Lawyer says my EAD is invalid.
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kaizersoze
03-21 02:11 PM
Folks,
Per lawmaker we recently met(WA state), it is imperative that we also get our message across to lawmakers in the midwest and south.
Due to resident strength and businesses employing H1B people(who end up getting stuck in retrogression) in the west and east coasts and large metropolitan cities, the lawmakers in these areas are slightly more aware of our issues. They also get funding from local companies that employ people stuck in retrogression.
However, representatives in the MIdwest and South do not get a lot of funding from local businesses that employ H1Bs and have other local issue that they would rather pursue(agriculture, etc.).
It is imperative that awareness is spread in the midwest and south !!
Per lawmaker we recently met(WA state), it is imperative that we also get our message across to lawmakers in the midwest and south.
Due to resident strength and businesses employing H1B people(who end up getting stuck in retrogression) in the west and east coasts and large metropolitan cities, the lawmakers in these areas are slightly more aware of our issues. They also get funding from local companies that employ people stuck in retrogression.
However, representatives in the MIdwest and South do not get a lot of funding from local businesses that employ H1Bs and have other local issue that they would rather pursue(agriculture, etc.).
It is imperative that awareness is spread in the midwest and south !!
dtekkedil
07-06 04:23 PM
Sorry to hear someone hurting this much!
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mnq1979
08-22 10:18 AM
I wonder what is this article all about !!! pls. post the text here so that we can read it !!!!!:)
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glus
09-28 09:03 AM
enggr ran away. He faked his experience(which most of the people do, I think to get GC) and tried to get EB2. Good and Inteligent IO catched it and sent RFE. Ran away for life.
Your statement is is not only false, but also naive. How can you say that, "most people fake their experience?" Do you have any prove or evidence? Do you know "most" of the people. A very strange message, I have to admit.
Your statement is is not only false, but also naive. How can you say that, "most people fake their experience?" Do you have any prove or evidence? Do you know "most" of the people. A very strange message, I have to admit.
ItIsNotFunny
06-18 01:49 PM
This is really required. I am with you. I myself was stuck last year and had to postponed my ticket for 8 days. My wife is scared to go to India even if my father in law is not well due to this issue as managing kids will be way more difficult without her if she is stuck.
If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school….
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.
Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.
Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.
But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.
The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants
Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS
There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school….
So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.
If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.
Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.
We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.
Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.
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copsmart
10-10 07:56 AM
Everest Technology? Sounds so familiar, but definitely they are not in the list of blood suckers I dealt with.
There are thousands of bloodsuckers like this one, they know the Immigration law better than anybody else do, they will do anything to stop you from leaving their company.
BTW, you don�t need the copy of I-140 for using AC21 portability.
You might need a copy when you apply for a 3 years H1 extension, double check this with an attorney.
If I were you, I wouldn�t stick with this employer, I would definitely use AC21 after 180 days.
Good Luck!
There are thousands of bloodsuckers like this one, they know the Immigration law better than anybody else do, they will do anything to stop you from leaving their company.
BTW, you don�t need the copy of I-140 for using AC21 portability.
You might need a copy when you apply for a 3 years H1 extension, double check this with an attorney.
If I were you, I wouldn�t stick with this employer, I would definitely use AC21 after 180 days.
Good Luck!
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LostInGCProcess
03-11 04:13 PM
It is called desi mentality. Unless the ass is set on fire - Desi folks don't realize the importance of such things.
Funny way to put it, but absolutely true. :D :D :D
Funny way to put it, but absolutely true. :D :D :D
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rayoflight
04-13 05:51 PM
Great Job guys. I am proud to be part of IV.
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gianik
05-26 11:35 AM
Thanks for greaat posts, everyone. Just to follow up with Jaime's point it is tru that we are not all from India or Aisia in general. I guess I should have mentioned that. I am from a northern place - from Russia. Actually I was born and raised in one of the southern former Soviet republics, which had relatively warmer climate. But I lived for over 5 years in Russia before coming here. I just mention that, because I read it the cold Canadian weather seems to be the number one downside. It is not such a big deal to me or my wife, because it was as cold or perhaps even colder back home.
Just as Jaime I am not here just for ecenomic reasons. I wuld be better off (financially) back home. I guess we are in search of better life (qualitatively), and that is why I am wondering about Canada.
And perhaps due to somewhat European backgraund I seem to have nostalgia for European flare sometimes; hence the questions about Montreal (which I presume is a bit more European that TO).
I guess I would like to put a streignt question to those who lived in or familiar with Canada.
- I am from a Northen Country (even leave in Northeast here in US).
- I worked full time for 5 years in US (plus a year of internship)
- My field is Not IT though, it is in business (data analysis, finance, supply chains, etc)
- My in English is quite good (for and immigrant especially)
- I have some basic knowledge of French and willing to learn more
- I have a Masters degree (few actually) from US universities
- As I mentioned I have a family including kids.
My question is - what do you think my chances are in Canada in general, and in Montreal specifically?
I would appreciate any response. Thank you very much!
Just as Jaime I am not here just for ecenomic reasons. I wuld be better off (financially) back home. I guess we are in search of better life (qualitatively), and that is why I am wondering about Canada.
And perhaps due to somewhat European backgraund I seem to have nostalgia for European flare sometimes; hence the questions about Montreal (which I presume is a bit more European that TO).
I guess I would like to put a streignt question to those who lived in or familiar with Canada.
- I am from a Northen Country (even leave in Northeast here in US).
- I worked full time for 5 years in US (plus a year of internship)
- My field is Not IT though, it is in business (data analysis, finance, supply chains, etc)
- My in English is quite good (for and immigrant especially)
- I have some basic knowledge of French and willing to learn more
- I have a Masters degree (few actually) from US universities
- As I mentioned I have a family including kids.
My question is - what do you think my chances are in Canada in general, and in Montreal specifically?
I would appreciate any response. Thank you very much!
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arnab221
04-29 12:23 PM
Quick Chain of events .
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
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glus
06-20 07:24 AM
in short ,,they stop processing ur case once ur date rerogresses....!!!
Hi,
With all the respect this is not true; at least not all the time. As far as I know, and according to my observations, I485s are being pre-adjucated even if their priority dates are not current. They seem to work on such I 485s as far as they can, and once their priority dates become current, the USCIS information system flags them so that they can be adjucated. Sometimes, however, it takes a few months since USCIS has a backlog of I485s and some of the things like FPs must be done again. I have at least 2 friends who got approval a month after their PDs became current. In fact, on of them got a 3FP notice right after his PD became current, and 2 weeks later received the approval.
I think it all depends on many factors, but I would not agree with your statement that USCIS stops 485 processing once the PD retrogresses.
Regards,
Hi,
With all the respect this is not true; at least not all the time. As far as I know, and according to my observations, I485s are being pre-adjucated even if their priority dates are not current. They seem to work on such I 485s as far as they can, and once their priority dates become current, the USCIS information system flags them so that they can be adjucated. Sometimes, however, it takes a few months since USCIS has a backlog of I485s and some of the things like FPs must be done again. I have at least 2 friends who got approval a month after their PDs became current. In fact, on of them got a 3FP notice right after his PD became current, and 2 weeks later received the approval.
I think it all depends on many factors, but I would not agree with your statement that USCIS stops 485 processing once the PD retrogresses.
Regards,
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psaxena
09-09 08:16 PM
I am a PMP certified and I know how much it makes a difference in my working now and then..
PMP is a methodology with standards if followed to its best, you will never have a derailed project or dissatified clients and management. The biggest difference I was when my VP was trying to execute a migration project and slipped 3 deadlines. When I stepped in I simply started putting up the things in place the way PMP recommends and got everyone in line and guess what, on dec 11 the migration of the complete system and application from one datacenter to the other completed. I got commendation etc etc etc .. from senior management and they said none of projects have been executed so smoothly as this one..
Thats another story after 3 months I got lay off. Anyways PMP is very very very important, its not about managing people , its all about managing the Project. Most of the guys have the misconception that when they become the PM they will have 2-5 guys reporting to them and one will be the "BOSS". Thats not PMP means, I have done Project management without anyone reporting to me, actually I was treating the team as they are my boss and keep every thing and everyone in line in terms of the Project execution. Reporting and stuff happens in the functional organization with functional managers, in projectized environment everything is adhoc. once the project is completed everything dismantles and the project management is nothing but just a tool.
You will come to know the value of Project management when one will work in 20-50 million $ projects and how PMPs help keeping everything so simple and straight.
PMP is a methodology with standards if followed to its best, you will never have a derailed project or dissatified clients and management. The biggest difference I was when my VP was trying to execute a migration project and slipped 3 deadlines. When I stepped in I simply started putting up the things in place the way PMP recommends and got everyone in line and guess what, on dec 11 the migration of the complete system and application from one datacenter to the other completed. I got commendation etc etc etc .. from senior management and they said none of projects have been executed so smoothly as this one..
Thats another story after 3 months I got lay off. Anyways PMP is very very very important, its not about managing people , its all about managing the Project. Most of the guys have the misconception that when they become the PM they will have 2-5 guys reporting to them and one will be the "BOSS". Thats not PMP means, I have done Project management without anyone reporting to me, actually I was treating the team as they are my boss and keep every thing and everyone in line in terms of the Project execution. Reporting and stuff happens in the functional organization with functional managers, in projectized environment everything is adhoc. once the project is completed everything dismantles and the project management is nothing but just a tool.
You will come to know the value of Project management when one will work in 20-50 million $ projects and how PMPs help keeping everything so simple and straight.
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GCaspirations
10-02 12:57 PM
I applied in NSC 485/EAD/AP on July 27th. The case was transfered to CSC. 485 Application was then transfered to TSC from CSC but EAD and AP are being processed in CSC.
I am intrested in knowing if you have received FP notice.
I am intrested in knowing if you have received FP notice.
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himu73
10-01 09:08 PM
as you said mine is same case. My wifes 140 approved from NSC so I guess the application will move back to NSC.
NSC probably sent applications to CSC for data entry, I am a july 2 filer, my EAD(I131)/AP(I765) and all receipt notices were sent to me by CSC all are WAC### numbers which means its from CSC, then they sent just the AOS (I485) back to NSC saying they do not have Jurisdiction on the AOS application (Logic behind this is - because my I140 was approved by NSC, I have a LIN### on I140 application).
This transfers happens in the 4 centers all the time no need to worry, there is delay associated though... :(
Anywayz all said and done... I have not received my FP notice as yet...
NSC probably sent applications to CSC for data entry, I am a july 2 filer, my EAD(I131)/AP(I765) and all receipt notices were sent to me by CSC all are WAC### numbers which means its from CSC, then they sent just the AOS (I485) back to NSC saying they do not have Jurisdiction on the AOS application (Logic behind this is - because my I140 was approved by NSC, I have a LIN### on I140 application).
This transfers happens in the 4 centers all the time no need to worry, there is delay associated though... :(
Anywayz all said and done... I have not received my FP notice as yet...
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pady
08-20 03:39 PM
I would like to know How to file a complaint about labor fraud? I just found out that my employer didn't file 485 for me and instead he used the labor for someone else. Is there anyway I can file a complaint? I have no other option except to wait until the dates are current again. I paid all the expenses for labor, 140 and 485.
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GCSeekerCT
07-27 01:17 PM
From their tone, I can tell the were trying hard to be helpful.
But, no receipt for me yet. July 2nd filer here as well.
Should I keep another set of 485 application ready, just in case if I don't hear about check cashing or receipt till august 15th ?
Is there any harm in filing the 485 again (just to be safe).... IF I don't get any indication of action on july2nd app ?
But, no receipt for me yet. July 2nd filer here as well.
Should I keep another set of 485 application ready, just in case if I don't hear about check cashing or receipt till august 15th ?
Is there any harm in filing the 485 again (just to be safe).... IF I don't get any indication of action on july2nd app ?
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gc_lover
07-27 01:23 PM
And how are you sure that the second application will be correct and not have any errors that the first one had? :D
In that case, we can have third application ready!
In that case, we can have third application ready!
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paskal
05-29 07:01 PM
So if I'm understanding it correctly. For all the ones who applied for I-140 after May15th 07 all there petitions will be cancelled or revoked? I really that should come from the USCIS as a amendment and not from a news or a blog. I have been browsing the website and yet to find it. Can someone help me out with the exact text from USCIS? :mad:
instead of trolling the web looking for USCIS announcements
the bill is not yet law, how do you expect to find USCIS notification of anything? no one knows what the final law will be after the house and conference committee finish their parts. so do the necessary thing and let's try to get the best bill possible.
instead of trolling the web looking for USCIS announcements
the bill is not yet law, how do you expect to find USCIS notification of anything? no one knows what the final law will be after the house and conference committee finish their parts. so do the necessary thing and let's try to get the best bill possible.
KanME
07-19 04:24 PM
I have been in this country for almost 10 years and I have never felt more stressed about these status issues than I did today. I even stopped working from this afternoon reading forums for similar cases, finding info here and there etc. :(
This is confusing..I have a similar situation(not paid for 2 weeks)..
When i talked to my lawyer she said that employement verification is done in I-140 and since that is approved I dont need to worry abt it for 485??
What does your lawyer say?
This is confusing..I have a similar situation(not paid for 2 weeks)..
When i talked to my lawyer she said that employement verification is done in I-140 and since that is approved I dont need to worry abt it for 485??
What does your lawyer say?
chanduv23
11-09 04:16 PM
Me filed on July 18th, no FP yet, got 485 RN on September 11th and got EAD and AP but no FP notice
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