satheeshpola
09-11 04:30 PM
Our applications (myself and my wife) reached USCIS NSC on July 2nd. Our 485, EAD and AP's have WAC numbers. we both received EAD cards and approved AP's in first week of Sep. and last week of Aug we received Notice from CSC that our 485 case is being transferred to NSC as our cases fall under NSC's jurisdiction. It looks like EAD and AP cases are processed in CSC. My I-140 was approved by NSC in Oct 2006. We are waiting for FP notices. Hope this helps.
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bestia
01-26 08:51 PM
Just as example. With my first employer in the US I signed a contract without even reading it well (stupid thing to do, btw). Later I noticed that I signed something like "any products, technology, software, documentation, etc. ever developed by [me] is property of [my employer]". I don't remember the exact wording and lazy to look it up, but it meant that anything I will ever develop will belong to my employer. I didn't hesitate to leave them and contact their direct competitor, my previous employer wrote me "cease and desist" letter threating with legal actions if I will not respond with some time frame. I showed the contract to a lawyer and asked "what should I reply?". He laughed and said - reply "I suggest you to start legal actions immediately" or better don't reply at all. He won't be so stupid to go with this to court - he will lose the case and you will sue him back and recover all expenses.
I didn't reply and never heard from them again. So, yes, illegal and unreasonable agreements are not enforceable.
Also, if you google there was precedent with some guy from India. Who had similar agreement and left the company. The company sued him and lost, appealed and lost. The guy sued back and won, the company paid $200,000+ something expenses. The case was long ago, I don't remember the link.
I didn't reply and never heard from them again. So, yes, illegal and unreasonable agreements are not enforceable.
Also, if you google there was precedent with some guy from India. Who had similar agreement and left the company. The company sued him and lost, appealed and lost. The guy sued back and won, the company paid $200,000+ something expenses. The case was long ago, I don't remember the link.
EkAurAaya
10-11 06:41 PM
Read the message clearly before posting. He already mentioned that she could not win the H1B lottery.
She can still try for not for profit companies... and if she lands with a job their situation will be better off then waiting for the next years lottery or waiting for his 2005 PD to become current
She can still try for not for profit companies... and if she lands with a job their situation will be better off then waiting for the next years lottery or waiting for his 2005 PD to become current
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amit_p27
06-26 12:32 PM
Dont mean to flame you, but you say that you are not a crab and the next moment you bring up religion, faith, Indian etc and associate that to IV's
goal.
Whats wrong in that are they not the guiding principles of living life. when we all get angry about not getting the GC, this same faith and values keep us sane. I associate these with IV so that God can give them strength to succed. we will give our donations to support that.
other news, I hope, we will have this bill passed............
goal.
Whats wrong in that are they not the guiding principles of living life. when we all get angry about not getting the GC, this same faith and values keep us sane. I associate these with IV so that God can give them strength to succed. we will give our donations to support that.
other news, I hope, we will have this bill passed............
more...
abhijitp
07-10 09:39 AM
have already done programs/ articles taking an issue with his reporting. We can write to them explaining how he is spreading false info.
I dont think we should mention his name in a peaceful rally.
I dont think we should mention his name in a peaceful rally.
sixpockets
07-02 04:59 PM
Medical exam = $400
Birth certificate=$100
Cancelled trip to India = $600 (me + wife)
Postage = $200
Lawyers fee + Filing fee = $6000 (me+wife) paid by company, wont pay next time.
Mental harrasment = no formula to calculate
Impact on career = massive
Birth certificate=$100
Cancelled trip to India = $600 (me + wife)
Postage = $200
Lawyers fee + Filing fee = $6000 (me+wife) paid by company, wont pay next time.
Mental harrasment = no formula to calculate
Impact on career = massive
more...
saturnring11
09-15 10:42 AM
Here are a few reasons why I want to get the gc:
1) freedom to change jobs to make a higher salary so that I don't have to work two H1 jobs simultaneously
2) freedom to change your career track into another area, which cannot be done even with AC21 (job has to be essentially the same position)
3) freedom to travel out of the country and back in without going to Canada/Mexico each year for revalidation, for not only personal but even urgent busines trips. I get to see my family and friends, and not spend hundreds of $ in govt and legal fees
4) freedom to quit a job because the company/boss sucks
5) freedom to make enough money so that I can take a break from any job for a while (yes, this is actually a possibility if you have a well-enough paying job)
6) freedom to have one's dependents take advantage of benefits like in-state tuition, and other benefits residency brings
7) and finally freedom from the immense stress that I will lose my job and consequently all the time I have spent waiting for my gc, perhaps uproot myself and have to return to a place where I may not necessarily feel is home anymore
So am I doing what I really want?
No
I guess black Americans could have said something similar 200 years ago: as long as I am fed by my master, he provides me with a roof over my head, and I work hard, I should be happy.
Today they would still be slaves.
To misquote Orwell: America is a free country, but some people are freer than others.
Moral of this story: Satisfaction and complacency are two different things
Interesting blog on the issue of high-tech slavery.
http://saturnring11.blogspot.com/2006/02/high-tech-slavery-in-land-of-free.html
1) freedom to change jobs to make a higher salary so that I don't have to work two H1 jobs simultaneously
2) freedom to change your career track into another area, which cannot be done even with AC21 (job has to be essentially the same position)
3) freedom to travel out of the country and back in without going to Canada/Mexico each year for revalidation, for not only personal but even urgent busines trips. I get to see my family and friends, and not spend hundreds of $ in govt and legal fees
4) freedom to quit a job because the company/boss sucks
5) freedom to make enough money so that I can take a break from any job for a while (yes, this is actually a possibility if you have a well-enough paying job)
6) freedom to have one's dependents take advantage of benefits like in-state tuition, and other benefits residency brings
7) and finally freedom from the immense stress that I will lose my job and consequently all the time I have spent waiting for my gc, perhaps uproot myself and have to return to a place where I may not necessarily feel is home anymore
So am I doing what I really want?
No
I guess black Americans could have said something similar 200 years ago: as long as I am fed by my master, he provides me with a roof over my head, and I work hard, I should be happy.
Today they would still be slaves.
To misquote Orwell: America is a free country, but some people are freer than others.
Moral of this story: Satisfaction and complacency are two different things
Interesting blog on the issue of high-tech slavery.
http://saturnring11.blogspot.com/2006/02/high-tech-slavery-in-land-of-free.html
2010 Hair by Vivienne Mackinder
milestogo
07-22 04:53 PM
any inputs....?
more...
jthomas
05-31 01:46 AM
...
hair Long Hair Round Face
GCInThisLife
07-19 03:07 PM
Thanks. she is still working for the same employer who sponsored her H1. Now, she needs to continue maintaining relation and continue working for them.
I am still worried though.. I read in this and other forums that USCIS may issue RFE asking for proof and if says medical leave, then asking for medical records etc.. So, better to prepare for some 'solid' answer with out any loopholes by being honest. I do not think lying would help and may lead to more troubles.
It means, if at all they have any doubts, they may issue RFE, but if you have a good relationship in responding to those RFEs using company letters etc, there is no problem. Good relation means, employer has to suppprt you always in case of any RFE, thats it. He needs stand on your side. Then there is no problem. But if he won't stand on your side, then it is a problem. So, thats why relation with employer is very important when on H1 or EB.
I am still worried though.. I read in this and other forums that USCIS may issue RFE asking for proof and if says medical leave, then asking for medical records etc.. So, better to prepare for some 'solid' answer with out any loopholes by being honest. I do not think lying would help and may lead to more troubles.
It means, if at all they have any doubts, they may issue RFE, but if you have a good relationship in responding to those RFEs using company letters etc, there is no problem. Good relation means, employer has to suppprt you always in case of any RFE, thats it. He needs stand on your side. Then there is no problem. But if he won't stand on your side, then it is a problem. So, thats why relation with employer is very important when on H1 or EB.
more...
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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willIWill
11-02 03:20 PM
Guys, Thank you all for the support. I have responded with the same kindness. (Just the greens)
And for those who gave reds, I always thought in spite of the gloominess, we still want to ponder at what the new bulletin has is in store. Anyways, thanks to you all too. Have now learnt that discussing future VBs has become a Taboo.
And for those who gave reds, I always thought in spite of the gloominess, we still want to ponder at what the new bulletin has is in store. Anyways, thanks to you all too. Have now learnt that discussing future VBs has become a Taboo.
more...
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hemya
08-11 04:10 PM
I am currently on H1B visa and I want to switch the company. New company is not willing to do H1B transfer and want me to work on EAD. I have pending I485 EB3 ROW with priority date of March 2006. Its been more than 180 days that I filed for I485 so I can use AC21 with EAD.
But my question is how risky will it be if I switch job at this stage with EAD?
Thanks in advance,
BK
advisable to use AC21 only if I-140 is approved
But my question is how risky will it be if I switch job at this stage with EAD?
Thanks in advance,
BK
advisable to use AC21 only if I-140 is approved
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pd_recapturing
08-11 05:25 PM
Can anyone tell what will be the status of a person who has used AC21 , and does not get the EAD renewal before the existing EAD expires ? Assume 140 has been approved, 180 days has been passed and got the EAD renewal receipt.
I am exactly in same situation. Based on my research, you need to stop working on the day your EAD gets expired if your new EAD has not been approved. EAD renewal receipt notice is not going to help. I would stop working if this situation arrives.
I am exactly in same situation. Based on my research, you need to stop working on the day your EAD gets expired if your new EAD has not been approved. EAD renewal receipt notice is not going to help. I would stop working if this situation arrives.
more...
pictures makeup Highlighted Red Carpet
nolud
02-11 04:08 PM
I received a letter from uscis/DHS on Jan 28.
It was in response to my request about my wifes I-485 being in namecheck for a long time.
The response stated:
"The review of our records indicate that the investigation into your background has been completed. The processing of your case has been delayed because the requirement review is still in process."
Does this mean that the namecheck has been completed?
What is "requirement review"?
Did anyone else get this type of letter?
Wifes Case dates:
PD - Jul 2003
Interview Date - Jan 4 2006
Type - Family based ( on marriage )
Info Pass - Sep 2007
Last FP - Oct 2007
LUD - 10/2007 ( probably because of FP )
Current Status:
On October 7, 2003, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Note: If this is the wrong forum/area, please advise where is this question best suited for...
Thanks to ALL
It was in response to my request about my wifes I-485 being in namecheck for a long time.
The response stated:
"The review of our records indicate that the investigation into your background has been completed. The processing of your case has been delayed because the requirement review is still in process."
Does this mean that the namecheck has been completed?
What is "requirement review"?
Did anyone else get this type of letter?
Wifes Case dates:
PD - Jul 2003
Interview Date - Jan 4 2006
Type - Family based ( on marriage )
Info Pass - Sep 2007
Last FP - Oct 2007
LUD - 10/2007 ( probably because of FP )
Current Status:
On October 7, 2003, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Note: If this is the wrong forum/area, please advise where is this question best suited for...
Thanks to ALL
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singhsa3
02-12 12:11 PM
Unfortunately, this will require change in Law and is not an Admin Fix
I request everybody to add one line in the letter for Consular processing filers as they should be allowed to get AC21 and EAD facilities now. This law came earlier only for 485 filers because CP process was fast but now due to retrogession all CP filers are waiting for Years and in the worst sitauation as 485 filers are enjoying their freedom with AC21 and EAD
Immmigration Voice I'll appreciate if you could add this agenda in you campaign letter.
Thanks
I request everybody to add one line in the letter for Consular processing filers as they should be allowed to get AC21 and EAD facilities now. This law came earlier only for 485 filers because CP process was fast but now due to retrogession all CP filers are waiting for Years and in the worst sitauation as 485 filers are enjoying their freedom with AC21 and EAD
Immmigration Voice I'll appreciate if you could add this agenda in you campaign letter.
Thanks
more...
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tabletpc
09-24 12:13 PM
u r PD is March 2006, when was it current...???
In case u r GC got approved while u r PD was current then, sorry to say as for as my knwoledge goes, you may not have much option other than bringing u r spouse on F1/L1/H1.
In case u r GC got approved while u r PD was current then, sorry to say as for as my knwoledge goes, you may not have much option other than bringing u r spouse on F1/L1/H1.
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sumansk
12-20 04:40 PM
I think what he is saying demands attention by the lawyers and core members.Thing is we never know what is going on until there is some transparency. The law many times is open to suit ones needs and I suspect DOS may be doing that.
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Live Life !!
________
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go_guy123
12-20 03:13 PM
Was this is a change in the procedures of USCIS? If yes, could we not request them to increase the length of the EAD from 1 to 5 years? This will help many of us too. I need to get my DL renewed every year along with the EAD.
Well there was court case related what constitues the 6 years where court said that only period of stay on H1b in US (so period of stay outside US on H1b) doesnt count.
So the law didnt change its the interpreation of law that was changed by the court case.
Same logic goes with H4 (they dont work on H1B ) so it was a matter of time someone would also challenge that on court and win.
uscis decided to do that based on the interpreation of course case
http://www.murthy.com/news/n_aaoall.html
Based one that even this one could have been challenged.
Well there was court case related what constitues the 6 years where court said that only period of stay on H1b in US (so period of stay outside US on H1b) doesnt count.
So the law didnt change its the interpreation of law that was changed by the court case.
Same logic goes with H4 (they dont work on H1B ) so it was a matter of time someone would also challenge that on court and win.
uscis decided to do that based on the interpreation of course case
http://www.murthy.com/news/n_aaoall.html
Based one that even this one could have been challenged.
nandakumar
02-14 07:06 PM
I live in south bay and would definitely like to join.
santa123
12-01 07:39 PM
Thanks Santa for your reply.
I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.
Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.
In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.
Please advice if I need to do something different this time.
Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.
Here is the link:
http://www.murthy.com/news/n_combdg.html
Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?
I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.
Good luck!
I received an RFE. But it was on accreditation of my MBA school. There was no RFE on bachelors degree. My lawyer replied to the RFE on accreditation. In response, there was straight denial without even notice of Intent to deny citing 3 year bachlor degree.
Yes, we submitted education evaluation along with I-140. The evaluation was done by Trustforte. When we received the RFE on accredidation, we sent second evaluation from Trustforte but this time a detailed course by course evaluation of MBA.
In the evaluation that was done, the evaluator equated my Indian MBA with US MBA and there was no mention about bachelors.
Please advice if I need to do something different this time.
Santa, could you please give me the case number of the AAO case handled by Murthy so that I could download the same from the USCIS website.
Here is the link:
http://www.murthy.com/news/n_combdg.html
Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required? I think you have a strong case since the RFE did not mention anything about your bachelors. What is your attorney saying? why didnt your ed evaluator mention anything about your bachelors? Will it help if you could evalute your qualifications from another agency, wherein they could prove that you had enough credits and class hours in your bachelors to be equal to US 4 yr courses?
I am sure there are many helpful folks on this forum who could also guide you on your case. They may have had first hand experience in such situations. Do keep us posted.
Good luck!
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