ebizash
07-31 09:51 AM
Yesterday evening even my case got transferred to local USCIS office . I have LUD on my I140 for today.My daughter's case is still with old LUD.
This is definitely a good news for you. Hopefully it is an interview and your wait may be over soon!!
This is definitely a good news for you. Hopefully it is an interview and your wait may be over soon!!
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reachinus
12-19 03:31 PM
Question 1: If they do this, what will happen to my pending I-485, EAD & AP?
Ans: I think it will be rejected, since the 140 has been revoked.
Question 2: Lawyers are saying that they have to withdraw the LC Sub based I-140 because the job descriptions are different? Is it not possible to file a totally new I-140 and keep both of them pending?
Ans: Not sure if this is ture. There are so many people who filed in EB2 as well as EB3. Hope it will and should not be a problem. If possible do stick on to the old PD since with a 2003 LC u can get the GC 2 to 3 years earlier that the 2006. Its worth taking a risk I suppose. If the company can prove Ability to pay and your qualification matches that of the LC, then it should be ok. There is no point of withdrawing the old one.
The other option is the file the new 140 and after the approval then interfile 485 with the new and then have the old one withdrawn. If you withdraw the 140 then you will have to wait for a long long time to file ur 485 with 2006pd.
This is just my opinion. Use it at your own risk.
Ans: I think it will be rejected, since the 140 has been revoked.
Question 2: Lawyers are saying that they have to withdraw the LC Sub based I-140 because the job descriptions are different? Is it not possible to file a totally new I-140 and keep both of them pending?
Ans: Not sure if this is ture. There are so many people who filed in EB2 as well as EB3. Hope it will and should not be a problem. If possible do stick on to the old PD since with a 2003 LC u can get the GC 2 to 3 years earlier that the 2006. Its worth taking a risk I suppose. If the company can prove Ability to pay and your qualification matches that of the LC, then it should be ok. There is no point of withdrawing the old one.
The other option is the file the new 140 and after the approval then interfile 485 with the new and then have the old one withdrawn. If you withdraw the 140 then you will have to wait for a long long time to file ur 485 with 2006pd.
This is just my opinion. Use it at your own risk.
lecter
February 4th, 2004, 08:58 PM
Actual daily press and wire service photographers will undoubtly use 4mp. You may not be aware, but all the gorgeous 2 column color shots you see on USA Today etc. are printed from files that are usually 700k - 800k. There are heavily compressed for transmitting. All the wires do that. They don't get full files. The most attractive things to me are the high ISO performance, the ability to customize colorspace amd I'm anxious to test the new autofocus capabilities. The 8 mp is a plus for shooting for a mag or other output. Even at that, I've had 1D shots as a glossy mag color that looked great. One advantage higher megapixels give a sportshooter is for sports like football. Due to the size of the field, the ability to crop more gives you more field coverage. But then the question is will you have enough time to work with files that are twice the size. I'm sure that's why Canon listened and gave us 4 MP as an option.Based on this Steve, would it be safe to say that a 1D. as is, would still be a viable product to have on the shelves (notwithstanding that it would effect sales of the new one and that's why they don't)? I think there is room for a 1D in it's current MP capacity, but with the 1D Mark II improvements.. (Shooting RAW at 4MP that is)
Thoughts?
Thoughts?
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WaitingForMyGC
02-17 12:28 PM
As per my lawyer
All you need is the job title and the duties for AC21. At the time when we filed your labor application, we did not use SOC code. The code was assigned by State Wage Unit when they determined the prevailing wage. They did not care what the job title was. Rather, they determined it based on the acceptable field of study to maximize the salary required. Consequently, it often did not match with the job title on the application.
Like I mentioned above, the occ code as assigned by SESA may not match the job description on the application. It is the risk you will take if you followed the occ code to find your job title and/or skills.
All you need is the job title and the duties for AC21. At the time when we filed your labor application, we did not use SOC code. The code was assigned by State Wage Unit when they determined the prevailing wage. They did not care what the job title was. Rather, they determined it based on the acceptable field of study to maximize the salary required. Consequently, it often did not match with the job title on the application.
Like I mentioned above, the occ code as assigned by SESA may not match the job description on the application. It is the risk you will take if you followed the occ code to find your job title and/or skills.
more...
Green.Tech
03-17 06:59 PM
Say a person has finished his 6 years and got a 3-year extension based on an approved I140. Now, he is working in his 7th year and his 485 gets rejected. Would that mean he still has 2 more years of H-1B or does that mean he loses the remaining 2 years of H-1B time immediately since 485 got rejected?
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hpandey
01-18 12:42 PM
2000-2002 was worst. Who didnt do job search during that time have no idea how it felt like.
I just came out of school then and it felt like sky is falling on me. Becoming desparate to survive, i went to work in a gas station. The lady owner didnt pay me after i worked for a week saying i am not concentrating enough. Then out of no where i found a technology job that paid 17$ per hour to keep me going and they did my H1 a year later in 2002. It just made me more strong i guess. But, it is a hell of an experience. Most of my freinds went for second masters or PHD to Keep the status.
It was so hard to find a job those days. I was myself unemployed for so many months along with a lot of my friends and everyone of us was highly qualified and experienced. Since 2002 end onwards everyone of us has a good job without any breaks.
I hope we don't get to see the 2001 recession again and I am sure it won't be that bad this time.
It is the financial sector which is paying for its own mistakes. It might spill over to the other sectors of the economy but not to the degree it happened in 2001. Just my opinion.
I just came out of school then and it felt like sky is falling on me. Becoming desparate to survive, i went to work in a gas station. The lady owner didnt pay me after i worked for a week saying i am not concentrating enough. Then out of no where i found a technology job that paid 17$ per hour to keep me going and they did my H1 a year later in 2002. It just made me more strong i guess. But, it is a hell of an experience. Most of my freinds went for second masters or PHD to Keep the status.
It was so hard to find a job those days. I was myself unemployed for so many months along with a lot of my friends and everyone of us was highly qualified and experienced. Since 2002 end onwards everyone of us has a good job without any breaks.
I hope we don't get to see the 2001 recession again and I am sure it won't be that bad this time.
It is the financial sector which is paying for its own mistakes. It might spill over to the other sectors of the economy but not to the degree it happened in 2001. Just my opinion.
more...
desi3933
06-25 02:38 PM
MrWaitingGC,
My H1B is valid till April of 2008. When i went for vacation and entered the country in March 2007, the guy at the border patrol did some mistake and put the date on I-94 as 16th sep of 2007 instead of April 2008.
Your status is governed by the I-94 date and not by the visa expiration date.
I tried to get it corrected at the local CBP office but could not do it ... So i am planning to make a trip to Canada before my visa stamp expries to get a new I-94 which is valid till April 2008.
But since i have sent my passport for renewal, i am not sure if I can make the trip bfr my I-94 expires.
And also i am not sure if i can file for extension of my H1B as it is more than 6 months ( it is about 10 months early) before the expiration date on my current H1B.
You can file for H1 extension 6 months BEFORE STATUS EXPIRY date (16 Sep 2007), so you are ok and while extension is pending you can continue to work for the H1 employer upto 240 days. You should get new I-94 with the H1 extension approval notice. You don't need new H1 visa stamp until you travel out of USA.
At this point i am helpless with out my passport. I hope i get it soon.
So what i wanted to find out is, is my status still legal after 16th sep 2007 if i file my 485 ...
Like stated earlier, as long as your employer files for H1 extension before Sep 16th 2007, you are ok.
See above in Blue.
Not a legal advice
-----------------------
desi3933 at gmail.com
My H1B is valid till April of 2008. When i went for vacation and entered the country in March 2007, the guy at the border patrol did some mistake and put the date on I-94 as 16th sep of 2007 instead of April 2008.
Your status is governed by the I-94 date and not by the visa expiration date.
I tried to get it corrected at the local CBP office but could not do it ... So i am planning to make a trip to Canada before my visa stamp expries to get a new I-94 which is valid till April 2008.
But since i have sent my passport for renewal, i am not sure if I can make the trip bfr my I-94 expires.
And also i am not sure if i can file for extension of my H1B as it is more than 6 months ( it is about 10 months early) before the expiration date on my current H1B.
You can file for H1 extension 6 months BEFORE STATUS EXPIRY date (16 Sep 2007), so you are ok and while extension is pending you can continue to work for the H1 employer upto 240 days. You should get new I-94 with the H1 extension approval notice. You don't need new H1 visa stamp until you travel out of USA.
At this point i am helpless with out my passport. I hope i get it soon.
So what i wanted to find out is, is my status still legal after 16th sep 2007 if i file my 485 ...
Like stated earlier, as long as your employer files for H1 extension before Sep 16th 2007, you are ok.
See above in Blue.
Not a legal advice
-----------------------
desi3933 at gmail.com
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champu
03-20 04:11 PM
eb1- I140; otherwise LC
more...
rockstart
05-06 09:46 AM
I showed my IT returns for past 3 years along with lease agreement and Drivers License and was approved for instate tuition. In case any one wants to do the same PM me with questions
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ss_col
04-04 01:03 PM
But at least they are getting GC in 6 months. I dont mind getting paid low if it means getting GC in 6 months. Anyways half our money goes in getting h1 extensions and paying lawyers so might as well get it over with by getting paid low. It is so disheartening to know how people are abusing the law and getting GC the short cut way while our stuggle starts with getting admission to f1 to doing our masters to trying to get h1 and then GC.
I have a friend who has done his MS from a top school here and his wife is a dentist but cant work for last 5 years and here is a guy whose education is a BCom and his wife's too and both are working and have got the whole thing the easy way out. Very disheartening.
I have a friend who has done his MS from a top school here and his wife is a dentist but cant work for last 5 years and here is a guy whose education is a BCom and his wife's too and both are working and have got the whole thing the easy way out. Very disheartening.
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sargon
12-19 02:56 PM
Hello friends,
Of late everybody is talking about bad economy. I mean its all over the TV and newspapers. Apparently we are in a recession since past one year (since Dec 2007).
However, odd it may though sound, I don't see any real economic slowdown in IT sector. I mean all my friends and acquaintances in IT industry in the US and India are retaining their jobs. I recently talked to my IT recruiter and she told me that as far as she is concerned this year has been like any other years. Bit sluggish at the year end, but loads of requirements lined up for January next year.
Am I the only one who is feeling this way, or others also sensing the same thing. Maybe the real jolts are still lying in the future, in the coming year. Or may be its just a hoax. I would love to know other people's observation on this strange anomaly between what is being reported in the media, and what is being observed on the ground.
Of late everybody is talking about bad economy. I mean its all over the TV and newspapers. Apparently we are in a recession since past one year (since Dec 2007).
However, odd it may though sound, I don't see any real economic slowdown in IT sector. I mean all my friends and acquaintances in IT industry in the US and India are retaining their jobs. I recently talked to my IT recruiter and she told me that as far as she is concerned this year has been like any other years. Bit sluggish at the year end, but loads of requirements lined up for January next year.
Am I the only one who is feeling this way, or others also sensing the same thing. Maybe the real jolts are still lying in the future, in the coming year. Or may be its just a hoax. I would love to know other people's observation on this strange anomaly between what is being reported in the media, and what is being observed on the ground.
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msekhargc
06-20 11:50 PM
sorry.. wrong thread
more...
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ivar
07-01 08:43 AM
In the present situation i believe it would take around 1.5 years to 2 years if you start by preparing for labor and by the time you get your labor and new I-140.
If you ask me about audit, its better i don't scare people, i started this porting process in Jun 07 by applying labor and it got audited after a long wait it got denied, my lawyer filed an appeal and we waited for 10 months still no answer so we applied for withdrawal even that took long time and finally applied for new labor in Apr 09.. so don't get scared it doesn't happen to everyone.. maybe 1 in million case :)
Ivar, thanks for the info. I am thinking of applying for porting now.How long does it typically take to process. Also was there any audit you are aware of that came for your case?
I do not have master's degree but I have 10+ years of experience and my job requirements are also for managing a team etc.
If you ask me about audit, its better i don't scare people, i started this porting process in Jun 07 by applying labor and it got audited after a long wait it got denied, my lawyer filed an appeal and we waited for 10 months still no answer so we applied for withdrawal even that took long time and finally applied for new labor in Apr 09.. so don't get scared it doesn't happen to everyone.. maybe 1 in million case :)
Ivar, thanks for the info. I am thinking of applying for porting now.How long does it typically take to process. Also was there any audit you are aware of that came for your case?
I do not have master's degree but I have 10+ years of experience and my job requirements are also for managing a team etc.
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ss_col
04-04 02:22 PM
To be frank, I was not aware of this loophole used by L1s so it came as a shock to me when I came to know of it. Anyways complaining will not take us far, action will. I will call my lawmakers. Does anyone have a list of lawmakers based on state or city.
more...
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abhijitp
11-20 05:06 PM
:mad:
You may use the new thread button here:
http://immigrationvoice.org/forum/forumdisplay.php?f=6
You may use the new thread button here:
http://immigrationvoice.org/forum/forumdisplay.php?f=6
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Sunx_2004
09-11 02:43 PM
But were you carrying your H1B or EAD/ AP with you all the time....?
Friends,
Are we required to carry GC with us all the time ? :confused:
My attorney says we must. What if I lose it or damage it ? Can we carry a photocopy ?
Friends,
Are we required to carry GC with us all the time ? :confused:
My attorney says we must. What if I lose it or damage it ? Can we carry a photocopy ?
more...
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waitnwatch
05-06 01:49 PM
It is true that the community colleges(A) and Arizona board of regents(B) set the guidelines but they have to follow Arizona Statutes which state that people with lawful immigration status are entitled to instate tuition. Therefore if (A) and (B) are not on the same page one could raise questions.
I am providing below the statutes as well as what the Arizona Board of Regents say. It appears that the Board of Regents do not provide clarity on the issue. I think one could force the issue and demand that they be given instate tuition as provided by the Arizona statutes and Board of Regents Interpretation.
In fact GC Card Dream should file an appeal to the Board of Regents as provided in their policy. Adding that community colleges allow H-1B's to avail of instate tuition would help get a decision in your favor.
--------------------------------------------------------------
Here is the Arizona law for instate tuition -
Here is the link to all the statutes -
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=15
Go to chapter 14 to see statutes for education -
The applicable statutes are -
15-1803. Alien in-state student status
.....................
B. In accordance with the illegal immigration reform and immigrant responsibility act of 1996 (P.L. 104-208; 110 stat. 3009), a person who was not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state student pursuant to section 15-1802 or entitled to classification as a county resident pursuant to section 15-1802.01.
........................
15-1805. Student status guidelines
A. The Arizona board of regents shall adopt guidelines applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
B. Community college districts shall adopt policies applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
---------------------------
Now here is the link to the Arizona Board of Regents
http://www.abor.asu.edu/1_the_regents/reports_factbook/residency.html
What is the resident status of immigrants, refugees and international students?
A noncitizen with a visa that prohibits establishing a domicile in Arizona during any portion of the durational period may not be granted resident status. Other noncitizens may qualify for resident status by meeting all requirements for residency outlined previously, or having been granted refugee status and meeting all other requirements for domicile.
---The above should be read with the definition of domicile in the statutes
15-1801. Definitions
In this article, unless the context otherwise requires:
....
3. "Domicile" means a person's true, fixed and permanent home and place of habitation. It is the place where he intends to remain and to which he expects to return when he leaves without intending to establish a new domicile elsewhere.
...............
and the actual Arizona Board of Regents policy as a pdf document
http://www.abor.asu.edu/1_the_regents/policymanual/chap4/chapter_iv.htm
4-102 Nonresident Tuition (PDF)
As required by A.R.S. �15-1803, a person who is not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state resident.
I don't think the state is involved, but its the institution that makes its own set of rules. All the community colleges in the state of Arizona accepts both H and L status as proof of residency.
I am providing below the statutes as well as what the Arizona Board of Regents say. It appears that the Board of Regents do not provide clarity on the issue. I think one could force the issue and demand that they be given instate tuition as provided by the Arizona statutes and Board of Regents Interpretation.
In fact GC Card Dream should file an appeal to the Board of Regents as provided in their policy. Adding that community colleges allow H-1B's to avail of instate tuition would help get a decision in your favor.
--------------------------------------------------------------
Here is the Arizona law for instate tuition -
Here is the link to all the statutes -
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=15
Go to chapter 14 to see statutes for education -
The applicable statutes are -
15-1803. Alien in-state student status
.....................
B. In accordance with the illegal immigration reform and immigrant responsibility act of 1996 (P.L. 104-208; 110 stat. 3009), a person who was not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state student pursuant to section 15-1802 or entitled to classification as a county resident pursuant to section 15-1802.01.
........................
15-1805. Student status guidelines
A. The Arizona board of regents shall adopt guidelines applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
B. Community college districts shall adopt policies applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
---------------------------
Now here is the link to the Arizona Board of Regents
http://www.abor.asu.edu/1_the_regents/reports_factbook/residency.html
What is the resident status of immigrants, refugees and international students?
A noncitizen with a visa that prohibits establishing a domicile in Arizona during any portion of the durational period may not be granted resident status. Other noncitizens may qualify for resident status by meeting all requirements for residency outlined previously, or having been granted refugee status and meeting all other requirements for domicile.
---The above should be read with the definition of domicile in the statutes
15-1801. Definitions
In this article, unless the context otherwise requires:
....
3. "Domicile" means a person's true, fixed and permanent home and place of habitation. It is the place where he intends to remain and to which he expects to return when he leaves without intending to establish a new domicile elsewhere.
...............
and the actual Arizona Board of Regents policy as a pdf document
http://www.abor.asu.edu/1_the_regents/policymanual/chap4/chapter_iv.htm
4-102 Nonresident Tuition (PDF)
As required by A.R.S. �15-1803, a person who is not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state resident.
I don't think the state is involved, but its the institution that makes its own set of rules. All the community colleges in the state of Arizona accepts both H and L status as proof of residency.
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amitjoey
05-21 06:50 PM
Was ur denail on A2p ?or education related n do we get a new receipt number after filing MTR?
A2P...YES!! you will get a receipt. MTR is I290B
A2P...YES!! you will get a receipt. MTR is I290B
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vnsriv
03-03 10:56 AM
I took the pain of driving to NY all the way from Boston to get my passport renewed. I woke up at 3:00AM and stated off at 4:00AM so that I could reach the consulate by 8:00AM. I was told by my friends that I would get it in the evening itself. Unfortunately, I was faced with severe disappointment that they are no longer returning the passports on the same day. The worst part about the Indian consulate in NY is that they didn't update their Website. When I called them several times, non one answers the phone and speaks with courtesy.
After arriving at the consulate, we were made to wait in the cold for atleast an hour until 9:15AM (They open the doors at 9:30AM). They have no mercy for people. Also, the approach they took to call out people was terrible. It was like a fish market. I asked them if would get my passport back on the same day. I didn't get a straight answer until my number was called. I went there and atleast that lady talked to me with respect with a smiling on her face. Atlast I was told that they are not returning the passport on the same day. They asked me to pay 20 extra dollars so that they'd send the passport by Express mail (USPS). She also told me that I can track the passport.
I then drove back to Boston, the same afternoon. After exactly a week, I got the new passport booklet along with my old passport. I am fortunate enough to have all of the details printed accurately.
My strong advise to everyone is to send their passports by mail.
Thanks for the tips. I was also thinking of driving to NY from Boston, but it look likes it's not a one day affair.
After arriving at the consulate, we were made to wait in the cold for atleast an hour until 9:15AM (They open the doors at 9:30AM). They have no mercy for people. Also, the approach they took to call out people was terrible. It was like a fish market. I asked them if would get my passport back on the same day. I didn't get a straight answer until my number was called. I went there and atleast that lady talked to me with respect with a smiling on her face. Atlast I was told that they are not returning the passport on the same day. They asked me to pay 20 extra dollars so that they'd send the passport by Express mail (USPS). She also told me that I can track the passport.
I then drove back to Boston, the same afternoon. After exactly a week, I got the new passport booklet along with my old passport. I am fortunate enough to have all of the details printed accurately.
My strong advise to everyone is to send their passports by mail.
Thanks for the tips. I was also thinking of driving to NY from Boston, but it look likes it's not a one day affair.
Templarian
03-19 01:17 PM
No one reads the comments before they vote, plus it takes more than that to guilt trip people into voting.
Might donate to orphans that were hurt in that toy fire explosion started by a guy dressed in a barney costume who happened to remove the costumes head right before hand. Did I mention they don't have long to live.
:angel: -> :evil:
Might donate to orphans that were hurt in that toy fire explosion started by a guy dressed in a barney costume who happened to remove the costumes head right before hand. Did I mention they don't have long to live.
:angel: -> :evil:
lazycis
12-18 04:14 PM
If you put the IOs into situation where they can potentially make mistakes...
more often then not, they will make a mistake. Then you have to pay the USCIS to fix their own mistake by filing MTR. Not to mention unnecessary stress... That being said, everybody has different risk tolerance.
more often then not, they will make a mistake. Then you have to pay the USCIS to fix their own mistake by filing MTR. Not to mention unnecessary stress... That being said, everybody has different risk tolerance.