vin13
03-12 01:27 PM
We see lots of anger and frustration in this GC journey specially when a VB comes out.
lets me ask myself and all of you these questions.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.
If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?
Thanks,
Sueing is a tough road.
Here is the tricky part. For example, we all feel the spillover is not happening quarterly. But USCIS/DOS will only give us partial info. They will not tell us how many visas were issued monthly to which category. So we cannot do our calculation to say Quarterly spillover is not happening. Without proof we cannot go to court.
The progress we have seen so far is that DOS is issuing the demand info on a monthly basis. Now we need to persuade them to release the number of visas issued monthy (by category). When we have both these data, we can do our calculations and prove that they are not following the law. Then we can worry about going to senators, congressman, or court.
lets me ask myself and all of you these questions.
1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?
2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?
3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?
Last year there was a short lived thread on IV talking about Sueing USCIS/DOS for there misdeeds but it died as people pointed out that we cant sue USCIS/DOS.
If the answer to all the above questions are No and we cant even bring USCIS/DOS in the court then we should keep our mouth shut and let it happen whatever is happening?
Thanks,
Sueing is a tough road.
Here is the tricky part. For example, we all feel the spillover is not happening quarterly. But USCIS/DOS will only give us partial info. They will not tell us how many visas were issued monthly to which category. So we cannot do our calculation to say Quarterly spillover is not happening. Without proof we cannot go to court.
The progress we have seen so far is that DOS is issuing the demand info on a monthly basis. Now we need to persuade them to release the number of visas issued monthy (by category). When we have both these data, we can do our calculations and prove that they are not following the law. Then we can worry about going to senators, congressman, or court.
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Administrator2
07-07 08:05 PM
mbawa,
We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.
IV Team
We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.
IV Team
pd_recapturing
07-09 09:51 AM
Please translate........
The title is in Hindi and it means "Labor is on sale, do you want to buy it?" The hindi line is taken from a very famous hindi song of 80s that says "groom is on sale, do you want to buy it?"
The title is in Hindi and it means "Labor is on sale, do you want to buy it?" The hindi line is taken from a very famous hindi song of 80s that says "groom is on sale, do you want to buy it?"
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krishnam70
11-20 03:51 PM
Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
Regards,
Right on the money.
Regards,
Right on the money.
more...
ashneels2001
12-06 11:14 AM
In thi case you can only get GC if you remain alive while serving the US Army. Remember they want to put you in front of the enemy first before they pu their citizens.
hopefulgc
03-31 07:17 PM
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Can2004
07-13 11:07 PM
My I-140 has my employers head office address in Part 1( as petitioner/employer). My future job location in I-140 petition is different from the one I am currently working at( on H1B). My H1b and I-140 were filed for different locations.
Does anybody have an idea which address of employer should I write in the employer address section- Head office address or my current job location.
thanks for all previous replies.
Does anybody have an idea which address of employer should I write in the employer address section- Head office address or my current job location.
thanks for all previous replies.
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Hassan11
06-17 12:05 PM
is it PO box # 852401 or 851041 ?? please confirm correct PO box #.
For USPS deliveries:
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
For private courier (non-USPS) deliveries:
USCIS
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
For USPS deliveries:
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
For private courier (non-USPS) deliveries:
USCIS
Texas Service Center
4141 North St. Augustine Road
Dallas, TX 75227
more...
JunRN
07-16 11:43 PM
LC filing- No
I-140 filing and onwards- Yes
Thanks!!! This is what I know as well. Anyway, different lawyers have different advise. I just need to confirm some information that I got from my lawyer.
I-140 filing and onwards- Yes
Thanks!!! This is what I know as well. Anyway, different lawyers have different advise. I just need to confirm some information that I got from my lawyer.
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aroranuj
06-16 12:52 PM
I recently asked my employer to provide me with a copy of the I-140 Receipt Notice. The company's attorney told my employer that she strongly recommends not giving me a copy as I could leave work with the I-140 Receipt notice. Is it true that I can't leave work even though it has been past 6 months since my concurrent filing if I dont have a copy of the receipt notice?
Will the approval notice for the I-140 be mailed to me by the USCIS or to our company attorney's? What can I do to make sure that I have all the paperwork required if I were to use AC21?
Thanks.
Will the approval notice for the I-140 be mailed to me by the USCIS or to our company attorney's? What can I do to make sure that I have all the paperwork required if I were to use AC21?
Thanks.
more...
at0474
12-17 12:57 PM
"1) if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
"
--Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.
My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.
Also, talk to your lawyer. Hold my opinion as mere opinion.
2) I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
"
--Questions are not clear or I failed to understand them. IMO, when I-140 is denied, 485 goes down the drain. While your I-140 is in MTR process, you can switch to another job on h1b and start PERM process and then I-140 immediately. Since your 6 years on h1b are up, make sure the new process qualifies you for further h1b extensions(beyond 6 years) based on 365 day rule.
My guess is, if your I-140 gets denied, your h1b with 3 years of validity is not going to be valid any longer. Because you got that extension based on your previous labor and I-140. You have to jump to new GC process as soon as possible.
Also, talk to your lawyer. Hold my opinion as mere opinion.
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vikram2101
08-08 05:34 PM
That's funny someone told you that ..
My case is similar, July 2007 NSC filer, file was transferred to CSC, and then transferred back to NSC 2-3months later, but that was after they had mailed me the 485 receipt notice, EAD and AP.
I had called NSC a couple of weeks ago to inquire about my spouse's application, they informed me that the application was very much with them, it's cleared name check and it's waiting for it's turn so that a decision can be made.
My case is similar, July 2007 NSC filer, file was transferred to CSC, and then transferred back to NSC 2-3months later, but that was after they had mailed me the 485 receipt notice, EAD and AP.
I had called NSC a couple of weeks ago to inquire about my spouse's application, they informed me that the application was very much with them, it's cleared name check and it's waiting for it's turn so that a decision can be made.
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pt326bc
07-12 07:14 PM
:confused::confused:
First (Original one):
labor date: EB2-Aug-2002
Labor approved: September - 2007
I-140 approved: Yesterday (July-11-2008)
485 not yet filed
Second (approved labor from different company):
labor date: EB3-Apr-2004 and labor approved
140 filed: July 13 2007 - case is pending as of now
485 filed: July 13 2007 - case is pending as of now
I dont know what to do with my original green card one (whether to file one more 485 or not)
Gurus help me with your knowlege which option i have to choose
1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one
2. file one more 485
3. wait for the substituion labor 140 to be approved and transfer priority date and category?
:confused:
You could file CP for one and continue with AOS for another and see which one comes out successful sooner. Theoretically you could have any number of applications for a green card; but for simlicity's sake (USCIS not yours) it is always wise to stick to one.
But confirm with you lawyer; this is not legal advice.
Regards.
First (Original one):
labor date: EB2-Aug-2002
Labor approved: September - 2007
I-140 approved: Yesterday (July-11-2008)
485 not yet filed
Second (approved labor from different company):
labor date: EB3-Apr-2004 and labor approved
140 filed: July 13 2007 - case is pending as of now
485 filed: July 13 2007 - case is pending as of now
I dont know what to do with my original green card one (whether to file one more 485 or not)
Gurus help me with your knowlege which option i have to choose
1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one
2. file one more 485
3. wait for the substituion labor 140 to be approved and transfer priority date and category?
:confused:
You could file CP for one and continue with AOS for another and see which one comes out successful sooner. Theoretically you could have any number of applications for a green card; but for simlicity's sake (USCIS not yours) it is always wise to stick to one.
But confirm with you lawyer; this is not legal advice.
Regards.
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Dhundhun
07-14 12:46 AM
It is the law that you file AR-11 within (I think) 10 days after moving to a new address. If you do not do say, technically they can deport you. So send the AR-11 form with proof of sending. You can also submit AR-11 form online.
You should also change the address on the USCIS site. This operation is different from AR-11 submission.
You brought very good point. More details seems to be here: http://www.jackson-hertogs.com/JH/faq/8054.pdf
You should also change the address on the USCIS site. This operation is different from AR-11 submission.
You brought very good point. More details seems to be here: http://www.jackson-hertogs.com/JH/faq/8054.pdf
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ivgclive
10-08 12:45 PM
1. How can he use the PIO card to enter and exit India?
I got PIO Cards recently, but not entered India yet. So far I used only visas.
a. Does he simply show the PIO card, US passport to enter and exit India?
I assumed the same. It is just like a "Visa", but not on the passport but as a separate booklet.
2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
It is efficient and less expensive on money and time if you decide before you apply. If you have couple of months time before travel, apply PIO or you have only couple of weeks appy for Visa.
a. Do they return the PIO application and its supporting documents before visa could be applied?
You are probably submiting copies of documents except the passports +/- birth certificate. Be prepared if you just receive passports only.
b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa? I guess so, as the process is completely different.
------------------------------------
There are no guidelines on web sites for the option you are asking for. So the answers are only "what you can expect".
If you are close to SF, worth stopping by the consulate.
I got PIO Cards recently, but not entered India yet. So far I used only visas.
a. Does he simply show the PIO card, US passport to enter and exit India?
I assumed the same. It is just like a "Visa", but not on the passport but as a separate booklet.
2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
It is efficient and less expensive on money and time if you decide before you apply. If you have couple of months time before travel, apply PIO or you have only couple of weeks appy for Visa.
a. Do they return the PIO application and its supporting documents before visa could be applied?
You are probably submiting copies of documents except the passports +/- birth certificate. Be prepared if you just receive passports only.
b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa? I guess so, as the process is completely different.
------------------------------------
There are no guidelines on web sites for the option you are asking for. So the answers are only "what you can expect".
If you are close to SF, worth stopping by the consulate.
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cc123
10-04 04:31 PM
From Poll results, it seems there r 3 people who got their FP notices already. Just want to make sure--you guys are NSC->CSC->NSC transfer cases or was it Xfr'd to TSC?
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shana04
11-05 02:34 PM
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
It all depends on the rollercoster where you have been in your life.
May be one day I would be on the other side talking more optimistic.
But I would never critic others opinion based on the fact that what they are going through (in life).
But I would say good luck to you my friend.
It all depends on the rollercoster where you have been in your life.
May be one day I would be on the other side talking more optimistic.
But I would never critic others opinion based on the fact that what they are going through (in life).
But I would say good luck to you my friend.
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greenmonster
07-19 08:39 AM
Hi,
Could you please advice for the below case.
Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?
Thanks
Could you please advice for the below case.
Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?
Thanks
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gc_check
07-09 07:12 AM
Guys, see below link... It is pretty bad ... Job posting to hire someone for pre-approvd labor.... All posts within last 2 weeks by 10 companies..... May be we need to email DOL and also other govt. organizations ....
http://seeker.dice.com/jobsearch/servlet/JobSearch?LOCATION_OPTION=2&N=0&Hf=0&Ntk=JobSearchRanking&op=300&values=&FREE_TEXT=pre-approved+labor&Ntx=mode+matchall&AREA_CODES=&AC_COUNTRY=1525&WHERE=&RADIUS=64.37376&ZC_COUNTRY=1525&COUNTRY=1525&STAT_PROV=0&METRO_AREA=33.78715899%2C-84.39164034&TRAVEL=0&TAXTERM=0&SORTSPEC=0&FRMT=0&DAYSBACK=30&NUM_PER_PAGE=30&x=0&y=0
Wish they have stopped Labor Substitution much earlier... Have to wait till mid July now..
http://seeker.dice.com/jobsearch/servlet/JobSearch?LOCATION_OPTION=2&N=0&Hf=0&Ntk=JobSearchRanking&op=300&values=&FREE_TEXT=pre-approved+labor&Ntx=mode+matchall&AREA_CODES=&AC_COUNTRY=1525&WHERE=&RADIUS=64.37376&ZC_COUNTRY=1525&COUNTRY=1525&STAT_PROV=0&METRO_AREA=33.78715899%2C-84.39164034&TRAVEL=0&TAXTERM=0&SORTSPEC=0&FRMT=0&DAYSBACK=30&NUM_PER_PAGE=30&x=0&y=0
Wish they have stopped Labor Substitution much earlier... Have to wait till mid July now..
santb1975
02-14 03:45 PM
I consulted an Immigration Attorney about this last week and she said getting laid off and being unemployed while 485 approval is pending should be ok. She told me that I have to have a Job with similar Job description and the pay mentioned in the Labor Certification by the time my 485 is ready to be approved
howzatt
04-13 12:25 PM
Thats a pretty tough spot to be in. You can try finding a H1B sponsor for yourself and transfer? How about looking for a H1B sponsor for your wife? I believe the H1B quota did not fill up this time.
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