gc4me
07-06 01:56 PM
Because I don't have enough time left of my H1B so that I can get a new I-140 approval before my H1B expires. I am in my 7th year. The only option I have is to port my PD. But I don't have I-140 approval copy, only the receipt #.
why cant u go to another employer...I think if ur current employer is not willing to file 485 for u..then u have NO OPTION BUT TO SWITCH EMPLOYER....
why cant u go to another employer...I think if ur current employer is not willing to file 485 for u..then u have NO OPTION BUT TO SWITCH EMPLOYER....
wallpaper Dragon+age+morrigan
AllVNeedGcPc
05-20 09:08 PM
...Thanks God
Enjoy these moments.
Here's my journey so far.
0. Arrival - 1999
1. Initial labor
a. Filed - July 19th 2003 (4 years BE Software Engineering and 2 years Masters Computer Science in US) Filed as Software Engineer
b. Approved - June 2006, but BEC put NOC as Mechanical Engineer. Took a year to get it fixed back to Software Engineer
2. EB3 I140 (NSC)
a. Filed - July 2nd 2007
b. Approved - 2008
3. I485 (NSC)
a. Filed - July 2nd 2007
b. RFE - April 2009 (EVL for me and visa history for my wife)
4. Perm
a. Same Fortune 500 company for 10 years (By 2010, was promoted multiple times and moved to a different role)
b. Filed - Oct 2010 (No experience used only MS)
c. Approved - Dec 2011
5. EB2 I140 (TSC)
a. Filed - Jan 2011, Premium Processing
b. Approved - Jan 2011 (original A# and Priority Date retained)
6. Interfiling
a. Feb 2011 - Created a SR requesting the status of I485. Got a reply saying the category my 485 was applied is not current yet
b. Feb 2011 - Lawyer said that as my old A# and PD was already used on new 140, so that means that it has automatically been interfiled, now we do not need to do anything. But said will still send a reminder
c. March 2011 - Went for an Infopass Appointment (Useless in my opinion too) They said as your 140 is in TSC and 485 is in NSC that is why its taking time and they don't know how much more time will it take
d. April 2011 - Contacted Senator and got a reply that they have contacted NSC and will let us know their response as soon as they get one
e. Late April 2011 - Sent emails to NSC update, TSC update and TSC auto-current-date address
f. Early May 2011 - Contacted Congressman
6. Approval - Occurred the evening Congressman called NSC
a. Mid May 2011 - CPO email and cards within a week
Enjoy these moments.
Here's my journey so far.
0. Arrival - 1999
1. Initial labor
a. Filed - July 19th 2003 (4 years BE Software Engineering and 2 years Masters Computer Science in US) Filed as Software Engineer
b. Approved - June 2006, but BEC put NOC as Mechanical Engineer. Took a year to get it fixed back to Software Engineer
2. EB3 I140 (NSC)
a. Filed - July 2nd 2007
b. Approved - 2008
3. I485 (NSC)
a. Filed - July 2nd 2007
b. RFE - April 2009 (EVL for me and visa history for my wife)
4. Perm
a. Same Fortune 500 company for 10 years (By 2010, was promoted multiple times and moved to a different role)
b. Filed - Oct 2010 (No experience used only MS)
c. Approved - Dec 2011
5. EB2 I140 (TSC)
a. Filed - Jan 2011, Premium Processing
b. Approved - Jan 2011 (original A# and Priority Date retained)
6. Interfiling
a. Feb 2011 - Created a SR requesting the status of I485. Got a reply saying the category my 485 was applied is not current yet
b. Feb 2011 - Lawyer said that as my old A# and PD was already used on new 140, so that means that it has automatically been interfiled, now we do not need to do anything. But said will still send a reminder
c. March 2011 - Went for an Infopass Appointment (Useless in my opinion too) They said as your 140 is in TSC and 485 is in NSC that is why its taking time and they don't know how much more time will it take
d. April 2011 - Contacted Senator and got a reply that they have contacted NSC and will let us know their response as soon as they get one
e. Late April 2011 - Sent emails to NSC update, TSC update and TSC auto-current-date address
f. Early May 2011 - Contacted Congressman
6. Approval - Occurred the evening Congressman called NSC
a. Mid May 2011 - CPO email and cards within a week
funny
09-11 04:40 PM
Thats the only thing hadn't happened so far......and now we have it...People are blaming IV now...I hope this is not true.
http://www..com/discussion-forums/i485-1/124475663/last-page/
http://www..com/discussion-forums/i485-1/124475663/last-page/
2011 mix, Dragon
Macaca
09-12 12:34 PM
If you are considering national media, please cover Boston Globe as well. I was about to coordinate this with the MA team, but if you can do this, please let us know.
I read some national news papers. So I know the immigration reporters in these news papers. It is very important to conect with a reporter based on what she has written.
Boston Globe is a very important news paper. I don't follow it. I will not be very effective there since I don't know what they have been writing.
I read some national news papers. So I know the immigration reporters in these news papers. It is very important to conect with a reporter based on what she has written.
Boston Globe is a very important news paper. I don't follow it. I will not be very effective there since I don't know what they have been writing.
more...
tikka
07-18 04:03 PM
I just upgraded my monthly contribution too!
thank you!
thank you!
diptam
08-13 02:24 PM
Thanks - I'll write a mail to the HR head to release 7001 on my request and will mention that they don't have to take responsibility. Enough is enough - i got another 2 yr H extension in July 08 so i should be good,anyway.
I'll keep you guys posted when i receive 7001 from HR by mail and i'll send it to Ombudsman office (along with that cover letter) immediately.
You should be fine. Everything we are doing is legal. We are not doing anything illegal by requesting Ombudsman's office to look into this processing delays.
I'll keep you guys posted when i receive 7001 from HR by mail and i'll send it to Ombudsman office (along with that cover letter) immediately.
You should be fine. Everything we are doing is legal. We are not doing anything illegal by requesting Ombudsman's office to look into this processing delays.
more...
ujjwal_p
04-02 03:05 PM
I have not seen one single person getting so many red dots for playing a devils advocate and trying to defend USCIS. :D
All of us are passionate and sometimes this passion overtakes logic. If you are fed up with USCIS, suing them or putting pressure on them through Congress/Legislature/Press are the only options.
Courts and judges are definitely going to punish USCIS for any quantifiable losses suffered by us. If you can find any, sue them.
Actually those are not the only options. Another option is to leave the country. That's an option which has been taken by many people to head back to where they came from or to other countries where their skills are welcome. One needs to only read through some of the old threads of frustrated people moving to India, China, Canada etc.
All of us are passionate and sometimes this passion overtakes logic. If you are fed up with USCIS, suing them or putting pressure on them through Congress/Legislature/Press are the only options.
Courts and judges are definitely going to punish USCIS for any quantifiable losses suffered by us. If you can find any, sue them.
Actually those are not the only options. Another option is to leave the country. That's an option which has been taken by many people to head back to where they came from or to other countries where their skills are welcome. One needs to only read through some of the old threads of frustrated people moving to India, China, Canada etc.
2010 Morrigan from Dragon Age:
bigboy007
06-03 01:35 AM
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
*******************
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we seeking GC.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
*******************
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
more...
kshitijnt
06-26 10:56 PM
America does not need to do anything to get more workers. People will keep coming and it will always be a positive flow of good talent into America. The only Indians (and others) who might tell you that they do not want to come to the USA and the American dream is gone, etc., are talking bull and they know it. They will jump on a plane "the next minute" and come if the could. It's the same thing always: Go back Yankeee.................................and take me with you."
That will never change. If it did we would not have IV forum or so many members.
Vivek I do not fully agree with you. I do agree that first timers are eager to come to America but once the game gets exposed they will have second thoughts. Why there are no takers for german green card? Or why do people apply for HSMP in more numbers than any other european country. Because atleast on the face of it, that promises a long term path. How many people will want to jump on the plane if America says there will be no green cards, how many people will be attracted to it? America wants to have it both ways, they want people here but do not want to give GCs either.
I graduated from a good college in India. My classmates are divided 50-50 in US and India. The people who are putting up here either did very well and were toppers or failures. All others stayed in India and they will come here only if there is a long term benefit to come here.
That will never change. If it did we would not have IV forum or so many members.
Vivek I do not fully agree with you. I do agree that first timers are eager to come to America but once the game gets exposed they will have second thoughts. Why there are no takers for german green card? Or why do people apply for HSMP in more numbers than any other european country. Because atleast on the face of it, that promises a long term path. How many people will want to jump on the plane if America says there will be no green cards, how many people will be attracted to it? America wants to have it both ways, they want people here but do not want to give GCs either.
I graduated from a good college in India. My classmates are divided 50-50 in US and India. The people who are putting up here either did very well and were toppers or failures. All others stayed in India and they will come here only if there is a long term benefit to come here.
hair Back to Dragon Age: Origins
geesee
09-12 10:59 AM
Liked the calculator idea! Count me in..
One qns - how are we planning to catch media's attention? It was easier during flower campagin as flowers were clearly visible in fedex/ups trucks.. But the calculators would be inside a box...
One qns - how are we planning to catch media's attention? It was easier during flower campagin as flowers were clearly visible in fedex/ups trucks.. But the calculators would be inside a box...
more...
badluck
07-06 01:55 PM
haha very funny..:cool:
My man,
Thats why you dont want this rumor to come true... ask your lawyer to sent it ASAP..
My man,
Thats why you dont want this rumor to come true... ask your lawyer to sent it ASAP..
hot Dragon+age+morrigan+art
bala50
09-13 09:03 PM
Here is my shot. Thank you ALL
Order Details - Sep 13, 2007 9:23 PM EDT
100$ Google Order #247249006321709
No thank you Libra for encouraging people to contribute. My new contribution is in my signature.
Now please welcome bala, our special guest, who will take the last shot of this round.
Order Details - Sep 13, 2007 9:23 PM EDT
100$ Google Order #247249006321709
Order Details - Sep 13, 2007 9:23 PM EDT
100$ Google Order #247249006321709
No thank you Libra for encouraging people to contribute. My new contribution is in my signature.
Now please welcome bala, our special guest, who will take the last shot of this round.
Order Details - Sep 13, 2007 9:23 PM EDT
100$ Google Order #247249006321709
more...
house motivation 102, Dragon
Kodi
06-28 01:58 PM
Atlanta seem to be moving slowly. 2-3 cases per day on but there's many that haven't listed there. Hopefully it means lot more people are receiving approvals.
tattoo dragon age morrigan model. Morrigan : Dragon Age; Morrigan : Dragon Age
indyanguy
08-13 04:51 PM
I believe everyone is thinking in the same direction... but if and only if we're able to come out of the blackhole called I-140.
Well, you don't need to wait for I-140 to come out of the blackhole if you are dumping the old case and starting a new EB2 case. According to my lawyer, new EB2 140s are getting processed at a much higher rate than those EB3 140s that were filed July 07.
Well, you don't need to wait for I-140 to come out of the blackhole if you are dumping the old case and starting a new EB2 case. According to my lawyer, new EB2 140s are getting processed at a much higher rate than those EB3 140s that were filed July 07.
more...
pictures dragon age origins morrigan
gova123
08-02 05:41 PM
Bumping ^^^^^^^^^^^^^^
dresses DRAGON AGE ORIGINS MORRIGAN VS
raghav0
08-23 10:45 AM
I guess most of us under EB-3 can kiss our GC dream goodbye!! If we remain under EB-3...we will be waiting here forever and we cant move onto EB-2 with the new rules they are proposing....What a way to start the week!!!
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makeup Review: Dragon Age Origins
pranju
07-18 02:21 PM
only those with labor approved by 31st july can apply.
Everyone can apply until August 17, but in the August VB, all the categories are U, which means no one is current and who knows when that will change. When processing, theoretically RD it's important, but when you get to the stage of being approved, you'll actually be approved only if your PD will be current at that time. Don't count too much on any guidelines, because some people get approved in weeks,others in years. Good luck.
Everyone can apply until August 17, but in the August VB, all the categories are U, which means no one is current and who knows when that will change. When processing, theoretically RD it's important, but when you get to the stage of being approved, you'll actually be approved only if your PD will be current at that time. Don't count too much on any guidelines, because some people get approved in weeks,others in years. Good luck.
girlfriend Dragon+age+morrigan+mod
vinabath
07-20 12:47 PM
It is still optimistic my freind. As one of our member pointed out, realstic number would be around 600K, which implies 16 months wait for some people. Also , we do not know the level of work force at USCIS engaged in processing EAD. It could be 10, it could be 100. More the better but it we it is fewer than we are doomed.
I think USCIS will hire contractors to take care of this shit like DOL does. EAD and AP is the most easy to process. Very less dependencies.
I think USCIS will hire contractors to take care of this shit like DOL does. EAD and AP is the most easy to process. Very less dependencies.
hairstyles Dragon Age Origins: Morrigan
ramkigr@hotmail.com
05-10 05:27 PM
HSBC has rejected my refinance application because neither I hold a valid H1B nor a GC. They are rejecting, if you are in AOS not have one of the above docs. BEWARE. Don't loose time and money trying with this bank, if you are in this situation. I heard some success stories, with other banks though. Good luck.
saimrathi
07-06 03:26 PM
http://immigrationvoice.org/index.php?option=com_content&task=view&id=57&Itemid=49
can someone tell me who is core? I hear core mentioned all the time here
can someone tell me who is core? I hear core mentioned all the time here
maddipati1
11-21 04:00 PM
But.. when AOS(485) is denied, won't the underlying 140 and for that matter labor is also denied?
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
I think you are wrong ( I just think)
H1b and AOS are two differnt things and are not coupled. A yearly h1b extension beyond 6 years is given if you have a Labor pending for more than an year or pending 140 more than one year and a 3 year h1b extension is granted if you have an approved 140.
So the basis of getting a h1b extension or transfer is 140 and not AOS. One may not have even applied for AOS but can get h1 extensions as long as the above conditions are satisfied.
This is based on what I know. Thats why Attorneys prefer h1b compared to EAd because h1b essentially gives time for you to change jobs/apply for new GC petition in case existing petition has tons of issues etc...
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