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mach1343

06-01 09:20 AM

Can't agree more. That is the issue with large companies. If you have a very, very unique skill set and your Manager is very strong that helps. Even that is out of the window in case of acquisition's/bankruptcies (don't see both happening to Oracle though). They even withdraw H1, if you have filed one after layoff.

Exactly, Big companies Be careful. You have a lot of things to consider before even applying. So think about it....

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thuristic

09-01 09:04 PM

Thanks so much for your insights. If I migrate south bound again, I will probably not return to my current company as I am fed up being the designated work horse.

I have permanent residencies in 4 countries including Canada and I am getting tired being victimized by the immigration system. Unless there is a systematic fix up or my PD becomes current, I plan to continue exploring opportunities else where.

For ladies and gents who are already seeing the light at the end of their tunnels, I wish you the very best.

cheers,

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go_guy123

07-09 09:00 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..


Few more days to go now. In fact its already over. No More time to prepare
I140 application and send by July 16th.

Yes they should have stopped long back with perm introduction as it was no longer needed after perm.

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pmpforgc

09-28 10:52 AM

Dear Members

I seek your expert advise on following situation as my lawayer is not much clear on the topic.

I am from India and filed through university my I-140 and I-485 Concurrently on August-22,2006 in EB-2 SCHEDULE A ( Categorey II) EXCEPTIONAL ABILITY which is still current for all countries including India.. I had not seen any activity on My I-140 yet and Now for EB-2 Premiumprocessing is available now.More over Schedule A is likely to retrogess some time in November,2006

In this regards I need your guidance on following points.

(1) Does the possible retrogession in November means they will retrogess from November-2006 onwards? or they may retrogess even before say March-2006 or any previous date.

(2) If they retrogess from say Nov-15 than does it means that since I applied on August-23, My I-485s ( me and my family) will continue to be processed?

(3) In the view of possible retrogession of Schedule A, do you think I should go for Premium processing or not? Does it will help in any way to avoid retrogession of I-485s

(4)Based on past experiences, Does the application for premium processing hurt in any way in terms of final decision ( not the speed but out come approval or denial)?

Your input will greatly help me in deciding about premium processing.

Thanks

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vicks_don

01-23 08:22 AM

You guys are great Leaders...

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a_yaja

01-16 09:27 AM

Hi,

I got laid off in dec-08, my H1B visa got extended till 2011, but stamp in passport was expired sept-30th. I got my W2 good for last year and have got pay stubs till dec month. Now i am in need of visiting India, I have to get my stamp renewed in India.

As I am on job at present, I can not produce any client letter at consulate in case if they ask.

Will there be any issues which I may come across, please help me if you have any experiences.

thanks in advance.
Niru

It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.

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desiron

08-08 08:29 PM

Hi,

I just read the FAQ#3 and A33 says that I-485 �7/30/07 Y� should be used but my attorney used "07/24/06 Y" to file my I-485. Very worried now... any comments... what are chances that my apllication would be rejected?

Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used.

Thanks
Ron

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Hassan11

04-14 05:06 PM

Thank you txh1b

It is $305. No additional biometric fee is needed for AP. No FP is needed if you apply on paper. If you efile, USCIS may decide to call you for biometric.

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snathan

04-16 01:30 PM

If you have valid H1 then you are not out of status.

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lfadgyas

02-15 08:02 AM

I guess there is a �law� which allows the Attorney General to cancel your removal process if certain conditions are exists. So, this is not automatically granted like you can file for it �hey I�m here more than 10 years �� it states only that they �may� cancel the removal� ( by the way this is during the deportation process � so probably you do not want to test this part)

Read below:


INA: ACT 240A - CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS


Sec. 240A. 1/ (a) Cancellation of Removal for Certain Permanent Residents.-The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien-


(1) has been an alien lawfully admitted for permanent residence for not less than 5 years,


(2) has resided in the United States continuously for 7 years after having been admitted in any status, and


(3) has not been convicted of any aggravated felony.

(b) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN NONPERMANENT RESIDENTS.-


(1) IN GENERAL.-The Attorney General 2/ may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien-


(A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;


(B) has been a person of good moral character during such period;


(C) has not been convicted of an offense under section 212(a)(2), 237(a)(2) , or 237(a)(3) , subject to paragraph (5) 2a/ 5/ ; and


(D) establishes that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

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brij523

02-21 05:06 PM

Sorry for the confusion.

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inskrish

09-06 02:27 AM

Inskrish,
Do I need to take separate appointments for my wife....I mean can I take one appointment on one Receipt # and check the status of hers too at infopass? On telephone call they always ask for the applicant when checking the status.

I'll take an infopass then...did u call us the customer service before the infopass...I am sure they'd have told you that your dependents are approved...I am sure infopass agent see the same screen as the customer reps at the Nat serv centers.

Thanks,

SoP
Hi SeekerOfPeace,
It is a general rule that the each adult applicant should be physically present at the USCIS office for the Infopass appointments, but the the IO that I had appointment with was very informative and cooperative. So, I was able to get the case details for my wife and dependant, but this may not be the case with other locations and IOs. No, The Infopass IOs can get more information about our cases than the NSC Level 1 customer reps.

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yingli

08-23 10:59 PM

My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.

I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.

Can someone recommend a good lawyer to me? Many thanks!

YL

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Pegasus503

11-28 08:55 AM

Focus on the core issues (if you care), not on extraneous stuff. For petes sake, it is already approved, seems like most of us are only focussed on our own backs or riding on others.

cygent I disagree with you.


this journey for me started 5 years ago, at this stage I'll take whatever piece of information, trend or experience I can get to better understand the process.

lets be honest, USCIS have been less than helpful in providing updates and many lawyers are as lost as we are

so I'll take whatever extraneous stuff I can get, not just to understand my case, but to see the trends with other people too

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sbabunle

01-04 03:55 PM

So we are over 8000 strong. Lets target 10,000 by Jan 15?

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ksircar

08-10 07:59 PM

In absence of birth certificate you may get two affidavits on stamp paper - one from your parents and another from someone other than your parents (that is what my attorney told me).

If you can't file by Aug 17th, then the situation is just anybody's guess. Some people are talking about retrogression of dates back to 2001. So you never know what is going to happen.

Do whatever you need to do - you have only couple of days left.

Best of luck.

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averagedesi

09-23 09:30 PM

Here is a link of ppl in similar situations, its from a different forum

http://boards.immigration.com/showthread.php?p=1782958

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kondur_007

10-16 04:10 PM

My current employer gurantee that he will not withdraw I-140. I also talked to lawyer and she said it is individual choice but it is always good to let USCIS know since your case is pending..
However, I am little nervous since I heard that USCIS is rejecting I-485 for straight forward AC21 cases. Can't really think which way should go?
Thank you for your replies and interest.

If you do not plan to return to the original employer after GC approval; you have to use AC 21. (otherwise it will be problem in future).

However, "using AC21" does not require you to send anything to USCIS (although you CAN send); what would be needed at minimum is some documentation that justifies the "same or similar" occupation and wages. Now you can have this documentation with your lawyer and never send it to USCIS (unless asked for) or you can file it with USCIS (and in that case it gets lost in 90% cases as their mailroom does not know what to do with it). Having this documentation will help you in future if there is a question why you did not work for the sponsoring employer after GC approval.

See my comments in following thread as well:

http://immigrationvoice.org/forum/showthread.php?t=22051

Hope this clarifies things.
Good Luck.

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IfYouSeekAmy

11-02 04:50 PM

Is she your fiancee or wife??? In order to use cross chargeability you need to be married to that person.


Hi,
My fiance's country of birth is a country which has visa numbers. I am from India. I want to make use of cross chargeability . I have some doubts in the process. Can guys who have gone/going through this process help me.

1.) I have a masters degree from USA and my employer is willing to file under EB-2. my wife is bachelors. Can i apply in EB-2 for both of us and charge it to her quota since it is current for her country.
2.)Would she need to be physically here in USA for filing i 485.
3.) one of my acquaintance was telling me that the GC we get using cross chargeability is a conditonal one and not like regular GC. Is this true.?
4.)Is cross chargeability always possible or does it depend on the will and mercy of uscis.
5.) Is it true that we might have to go through rigorous and sometimes humiliating interview processes to finally get the GC.

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TomPlate

07-06 10:57 AM

07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance

* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:

"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."

* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:
DONT CREATE THREAD FOR EXISTING NEWS. WE ARE HOPING FOR POSTIIVE NEWS THE NEXT WEEK OF ACCEPTING APPLICATION WITH SAME FEE ON AUGUST VISA BULLETIN.

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jackrock79

01-13 03:56 PM

Yes. This is an old case.

Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?

Thanks!!

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