srkgollapudi
04-23 12:55 AM
Hello All,
My labor for the perm processing has been rejected (after 2 years) due to an incorrect field in the ETA form. This was lawyer's mistake and negligence in paying diligence in filling the form. Can I sue the lawyer? My options would be either to restart the processing or look for another law firm to file my application.
Please let me know if anyone has encountered the same problem? Can I file a legal case against the law firm?
Thank you
Ravi
My labor for the perm processing has been rejected (after 2 years) due to an incorrect field in the ETA form. This was lawyer's mistake and negligence in paying diligence in filling the form. Can I sue the lawyer? My options would be either to restart the processing or look for another law firm to file my application.
Please let me know if anyone has encountered the same problem? Can I file a legal case against the law firm?
Thank you
Ravi
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kaisersose
06-10 02:20 PM
You should avoid phrases such as "fast track green card". That is being presumptious.
Last year when people were campaigning for the rally, some of the campaign slogans were "come to the rally and get gc now instead of 10 years later". That is pushing people's hopes up without reason.
The problem with such promises and anticlimaxes is, you will not be able to sustain their interest.
Last year when people were campaigning for the rally, some of the campaign slogans were "come to the rally and get gc now instead of 10 years later". That is pushing people's hopes up without reason.
The problem with such promises and anticlimaxes is, you will not be able to sustain their interest.
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WeShallOvercome
07-23 03:33 PM
Gurus,
My employer and lawyer won't give me the Receipt notice of my I-485 which we filed on July 2nd. My employer did not let me file my EAD/AP as well.
Do I have any way of filing EAD/AP on my own without a copy of the receipt notice(after it is generated and sent to the lawyer)?
Someone told me that Fingerprinting notice that we get looks just like I-485 receipt notice and has all the information in there. Can we use a copy of that notice in place of I-485 RN?
The application instructions for I-765 mention that we need to submit "I-485 receipt notice OR any other proof that I-485 is pending"
Any one?
My employer and lawyer won't give me the Receipt notice of my I-485 which we filed on July 2nd. My employer did not let me file my EAD/AP as well.
Do I have any way of filing EAD/AP on my own without a copy of the receipt notice(after it is generated and sent to the lawyer)?
Someone told me that Fingerprinting notice that we get looks just like I-485 receipt notice and has all the information in there. Can we use a copy of that notice in place of I-485 RN?
The application instructions for I-765 mention that we need to submit "I-485 receipt notice OR any other proof that I-485 is pending"
Any one?
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bablata2007
11-27 04:01 PM
Thanks for the information. Definitely helpful. I will keep an eye open for any other information on these sticky situations.
more...
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I-485 approval
08-24 10:52 AM
Hello Prashanthi
Thanks for your valuable input. The Info pass officer told me verbally that my case is now in EB2 but I don't have any written confirmation from USCIS.
How can I get the written communication from USCIS? Please advice.
Thanks
Thanks for your valuable input. The Info pass officer told me verbally that my case is now in EB2 but I don't have any written confirmation from USCIS.
How can I get the written communication from USCIS? Please advice.
Thanks
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sankap
07-06 06:31 PM
I'm not sure that the comment "once you use EAD, you cannot go back to H1B" is correct. True, once you use EAD, you don't have an H1 status, but I understood you could always go back to the H1 status (with a new filing/transfer). Any one has more info/reference?
more...
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chanduv23
07-15 06:47 AM
They do seem to have influenced their politicians. But major impact is from people like Ron Hira, Lou Dobbs etc... these are propoganda specialists. They preach hatred among skilled immigrants and wrongfully inculcate hatred in minds of people.
Offcourse Roy Beck and his organization also does the same think.
SO BASICALLY KKK IS BACK AND OPERATES UNDER COVER OF NUMBERSUSA, IEEEUSA, PG ETC...
Offcourse Roy Beck and his organization also does the same think.
SO BASICALLY KKK IS BACK AND OPERATES UNDER COVER OF NUMBERSUSA, IEEEUSA, PG ETC...
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intheyan
06-17 06:37 PM
After I-485 pending for more than 180 days and with approved I-140 I changed the job. But the job is exactly similar the pay is almost 35% greater than that is in Labour. Will that create problems? I have not send AC21 filled to USCIS since my lawyer and friends suggested it not maditory but we can argue on getting the RFE showing papers that the new job has same job duties.
Thanks for your replys in advance
Thanks for your replys in advance
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varumo_varatho
12-24 03:59 PM
H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions.
You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience.
Best of luck on your 140
Cheeers !
You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience.
Best of luck on your 140
Cheeers !
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smiling08
09-19 08:52 AM
HI All,
I am curious how long does the I-824 gonna take, because I may need to change the consulate in Canada to activate my H1-B visa. But I dare that there is not enough time. Thanks a lot!
Fan
I am curious how long does the I-824 gonna take, because I may need to change the consulate in Canada to activate my H1-B visa. But I dare that there is not enough time. Thanks a lot!
Fan
more...
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rsrajendran
07-19 01:05 PM
Spill over from FB should go to most retrogressed EB category regardless of the EB1,2,3,..
In this case, if any spill over from FB should go to EB3-I. I dont know whether spill over will happen from FB or NOT.
In this case, if any spill over from FB should go to EB3-I. I dont know whether spill over will happen from FB or NOT.
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samir
04-27 08:48 PM
Hi,
Can some one help me out on the above subject, i had birthcertificate which contains only my Father's name( This birth certificate got from MRO office at AP, India). One of my friend told me that the birth certificate should contain both Mother and Father's Name.
Can some one provide me sample birth certficate , so that it will helpfull to me send to my parents, so that i will get BC from MRO office, AP, India.
Thanks inadvance
Please check with your local Indian consulate if they can issue a BC. If you have a current original passport which includes the names of both your parents, it should work fine. Your original BC is not required.
Link to this service provided by the Consulate General in San Francisco
http://www.cgisf.org/visa/indian_services.html#mis-bc
Can some one help me out on the above subject, i had birthcertificate which contains only my Father's name( This birth certificate got from MRO office at AP, India). One of my friend told me that the birth certificate should contain both Mother and Father's Name.
Can some one provide me sample birth certficate , so that it will helpfull to me send to my parents, so that i will get BC from MRO office, AP, India.
Thanks inadvance
Please check with your local Indian consulate if they can issue a BC. If you have a current original passport which includes the names of both your parents, it should work fine. Your original BC is not required.
Link to this service provided by the Consulate General in San Francisco
http://www.cgisf.org/visa/indian_services.html#mis-bc
more...
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gckosam
08-09 07:04 PM
for every 6 months from Jan 2004 till June 2008. That will give the overall idea on how EB3 trend is going on.
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Ann Ruben
04-17 12:32 PM
Yes, absolutely.
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ivjobs
11-08 09:10 PM
Another group with help of IV, to suck the blood by sponsoring H1s...
Believe me , at least 80% of this so called enterpreneurs will end up like present H1/desi employers/blood sucking companies
Of course 20% will be real good with clean intentions.
I bet...As i saw so many people in the same manner.
My close friends got GC and now sucking people with H1s , after just registering LLC with state secretary by paying 100$ reg fees and filing few H1s with INS
Well let us assume this group has people in that 20% too..
Believe me , at least 80% of this so called enterpreneurs will end up like present H1/desi employers/blood sucking companies
Of course 20% will be real good with clean intentions.
I bet...As i saw so many people in the same manner.
My close friends got GC and now sucking people with H1s , after just registering LLC with state secretary by paying 100$ reg fees and filing few H1s with INS
Well let us assume this group has people in that 20% too..
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ras
05-24 12:44 PM
You are right about that. However, the situation when you try to switch to H1B from EAD while remaining in the US is what I was referring to...
Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..
This is such a grey area, I bet even USCIS is not clear on what they would do...
I didn't get it quite clearly. In fact am referring to the situation for switching from EAD to H1 while in USA and you still have 1.5years on H1 to complete 6years.
Under that situation, you only get the remaining years on H1 but I was told by my attorney that you do count against the cap though..
This is such a grey area, I bet even USCIS is not clear on what they would do...
I didn't get it quite clearly. In fact am referring to the situation for switching from EAD to H1 while in USA and you still have 1.5years on H1 to complete 6years.
more...
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desidude
12-22 10:12 AM
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
Technically speaking, your 180 days start from the day you filed your I-485. ie. 180 days start from July 2nd in your case. You can still clarify with your attorney to make sure.
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
Technically speaking, your 180 days start from the day you filed your I-485. ie. 180 days start from July 2nd in your case. You can still clarify with your attorney to make sure.
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jchan
05-14 05:25 PM
As far as I know, there is another one for US Educated Advance Degree in STEM. But I don't remember the number of the bill.
On what basis are you saying this?
If EB folks don't want to do anything for their own benefit, there won't be any hope even after 2009. We will be over shadowed by 12 million folks once 2009 kicks in. Good luck finding a solution then.
We already have 2 bills (HR5882 and HR 5921) in the Judiciary committee, did U call U'r lawmaker and seek support from him/her.
PD's don't move forward based on ppl praying, it moves based on supply and demand. Right now the demand is very high and the supply of visa is very low. We can improve the supply situation if the bills goes through.
On what basis are you saying this?
If EB folks don't want to do anything for their own benefit, there won't be any hope even after 2009. We will be over shadowed by 12 million folks once 2009 kicks in. Good luck finding a solution then.
We already have 2 bills (HR5882 and HR 5921) in the Judiciary committee, did U call U'r lawmaker and seek support from him/her.
PD's don't move forward based on ppl praying, it moves based on supply and demand. Right now the demand is very high and the supply of visa is very low. We can improve the supply situation if the bills goes through.
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ras
05-24 12:17 PM
EAD to H1 involves a status change that while being perfectly legal was just not envisioned policy wise as being a frequent occurrence.
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?
I think u need to start afresh a new one only if you are out of country for one year.
Folks, if any one has done this please corraborate
Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.
The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.
Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..
Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.
Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...
If anyone knows more or can confirm this, that would help...
Thanks!
--Karthik
Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?
I think u need to start afresh a new one only if you are out of country for one year.
Folks, if any one has done this please corraborate
hate_me
12-16 04:45 PM
I got my licensed extended till EAD expiry date and they have given me an month more than EAD expiry date, this was done in Wayne, NJ, and I know atleast 20 people who got their license extended on base of EAD in Wayne. Your friend might not have provided other required documents, you just dont get license renewed on base of EAD only, you have to provide address proof, SS etc. Your friend might have missed some of the documents or he might have shown attitude to the the clerk, or that clerk might have taken lessons from USCIS employees in creating their own rule.
A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
trueguy
08-04 06:12 PM
Nopes. No refund.
After a month or so when they pick your EAD/AP applications, they will send you a denial notice for EAD/AP bcoz you don't have a pending I-485 at that time.
After a month or so when they pick your EAD/AP applications, they will send you a denial notice for EAD/AP bcoz you don't have a pending I-485 at that time.
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