jlander
January 7th, 2005, 03:34 PM
Don,
Thanks for the quick reply. Have you taken many 1:1 photos and how did they turn out?
Thanks for the quick reply. Have you taken many 1:1 photos and how did they turn out?
wallpaper Before and after … Heidi
chanduv23
11-14 08:36 PM
I totally agree that we must channelize all our frustration into positive energy. But, sometimes I get a feeling that I don't belong in the US anymore and why should I fight for something that is never going to happen. :(
In a recent bollywood movie (Om Shanti Om) is this popular dialog "If you want something and you make sincere efforts and have the confidence and are persistently trying with a open heart, the whole world will do what it takes to make sure you get what you want, and if you have not yet got what you want then the show is not yet over, it continues " :) :) :)
You very much belong to the US. Try to understand the politics. This is a democracy and everything goes through legislative and administrative processes.
If there is some place you can do to help yourself, it can be possible in the US only. Politicians listen to us and definitely do something.
So think positive and start participating in grass roots efforts
In a recent bollywood movie (Om Shanti Om) is this popular dialog "If you want something and you make sincere efforts and have the confidence and are persistently trying with a open heart, the whole world will do what it takes to make sure you get what you want, and if you have not yet got what you want then the show is not yet over, it continues " :) :) :)
You very much belong to the US. Try to understand the politics. This is a democracy and everything goes through legislative and administrative processes.
If there is some place you can do to help yourself, it can be possible in the US only. Politicians listen to us and definitely do something.
So think positive and start participating in grass roots efforts
mlkedave
03-09 04:29 PM
i tried to make them point at the big boxes up top, and that link thing does look a lttle off but i thought with a different color most people would realized its not mean to be in the same category.
2011 Heidi Montag
MYGCBY2010
07-27 04:37 PM
For getting the Copy of my Labor Certificate, Do I still need to submit the FOIA form to USCIS or should it be submitted to different department. Please advise.
more...
cooldude0807
06-01 05:10 PM
I recd an RFE too even though i filed AC21 in feb. My lawyer sent the required docs & from May26th there has been a soft LUD everyday...the status says "Response to request for evidence received, and case processing has resumed". Also there is no RFE on my wife's case.
pcs
08-01 09:31 AM
bump
more...
desi3933
02-18 11:28 AM
Thanks desi3933 for correcting me and posting the link. But, I know a couple of instances where they got the RFE/NOID for the same reason. But, I am sure they will eventually get approved if they go for MTR as this was addressed in Yates Memo.
I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...
>> I have a question, is 'memo' same as law?
No. these memorandums do not have the force of law and apply only to USCIS officers, not to immigration judges.
>> Can the IO come back and say its not in the law?
No. See above.
These issues are more complicated.
______________________
Not a legal advice.
US citizen of Indian origin
I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...
>> I have a question, is 'memo' same as law?
No. these memorandums do not have the force of law and apply only to USCIS officers, not to immigration judges.
>> Can the IO come back and say its not in the law?
No. See above.
These issues are more complicated.
______________________
Not a legal advice.
US citizen of Indian origin
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davehoover
06-27 08:41 AM
If you have your I 140 approved already. A# will appear on the approval notice.
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kshitijnt
06-28 05:57 PM
I have an expired H1 VISA stamp, but an approved h1 i797 form approved till 2013, but I am using my EAD to work.
Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?
Sorry to be a pain.
I am just trying to understand this properly.
I do not intend trouble.
Any replies that you guys are giving is very much appreciated.
Hi - I was in a similar situation as you:
In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.
In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.
No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.
Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?
Sorry to be a pain.
I am just trying to understand this properly.
I do not intend trouble.
Any replies that you guys are giving is very much appreciated.
Hi - I was in a similar situation as you:
In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.
In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.
No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.
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go_guy123
09-08 03:39 PM
points mentioned in posts 2,3 4 and 5 are 100% correct.
points mentioned in post 6 can be considered but companies wont agree for that, They wont accept the suggestions/points given by employee.
Exactly same thing happened in my case. Our company prepared position description,posted ads and just before filing PERM,they said we got enough resumes and we found candidates. We cannot file green card. If economy improves after 6 months we will review the scenario and start the process all over again and I was schocked to hear that answer. They received 25 resumes for my position.
Friends,
Green card dream is over. Now it's the time to get back to India or other countries.
uma001...you are very correct. The GC thing is over for India born applicants. The EAD people due to July 2007 fiasco will be in AP status for many many years
to come.
Had the July 2007 not happened, a whole lot of EB - India cases would have
been finished by now due to job losses. So in way the July 2007 is a massive lifeboat for many EB2/3- India applicants.
Economic cycles are around 7/8 years or so. There will be a recession again after around 8 years. EB2/3_India backlogs are longer than economic cycles.
points mentioned in post 6 can be considered but companies wont agree for that, They wont accept the suggestions/points given by employee.
Exactly same thing happened in my case. Our company prepared position description,posted ads and just before filing PERM,they said we got enough resumes and we found candidates. We cannot file green card. If economy improves after 6 months we will review the scenario and start the process all over again and I was schocked to hear that answer. They received 25 resumes for my position.
Friends,
Green card dream is over. Now it's the time to get back to India or other countries.
uma001...you are very correct. The GC thing is over for India born applicants. The EAD people due to July 2007 fiasco will be in AP status for many many years
to come.
Had the July 2007 not happened, a whole lot of EB - India cases would have
been finished by now due to job losses. So in way the July 2007 is a massive lifeboat for many EB2/3- India applicants.
Economic cycles are around 7/8 years or so. There will be a recession again after around 8 years. EB2/3_India backlogs are longer than economic cycles.
more...
singhsa3
05-01 11:50 AM
I know only three things:
a) USCIS recommend DOS what visa cut off dates are .
b) We know that cut off dates movement have been arbitrary
c) If I don't help myself there is no one who is going to help me out of this mess.
First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.
a) USCIS recommend DOS what visa cut off dates are .
b) We know that cut off dates movement have been arbitrary
c) If I don't help myself there is no one who is going to help me out of this mess.
First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.
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sai2005
03-06 04:22 PM
ALL Gurus,
My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.
Issue Details:
1) Applied GC EB2-RIR on JAN 2005
2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
3) Received EAD and AP for both myself and my Wife.
2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
3) Responded to RFE with mentioned documents on Jan 30th 2008
4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
6) My wife is on H1b Visa.
Questions based on my Issue:
1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If
so please advice on how to retain my status.
2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
3) Can I apply for a new Labor (PERM)? If YES:
1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?
4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?
5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?
I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.
Thanks
My name is Sai. I am very confused and need your advice on how to handle my current issue with I140 and H1b status.
Issue Details:
1) Applied GC EB2-RIR on JAN 2005
2) Applied for I140 on July 4th 2007 and I485 on August 22nd 2007.
3) Received EAD and AP for both myself and my Wife.
2) Got RFE I-140 on DEC 10th 2007, asking for Company financial documents and my Education details. but my I485 in still pending.
3) Responded to RFE with mentioned documents on Jan 30th 2008
4) Finally I-140 Denied on FEB 29th 2008 and Deniel notice is not yet received. I dont know the reason for deniel yet. whether its an company issue or my education related, I still dont know.
5) I am on H1B since 2001, applied for 8th year extension (regular) on 19th FEB 2008 (10 days before to my I140 deniel), as of now receipt not received. My current H1b expires on 29th March 2008 and my 1-140 denied on 29th of FEB 2008.
6) My wife is on H1b Visa.
Questions based on my Issue:
1) Since my I140 got denied, is there any impact on my 8th year H1b Extension? Am I going to be Out of Status? If
so please advice on how to retain my status.
2) What are the options open to me, since my I140 is denied. Which one is better : MTR or APPEAL?
3) Can I apply for a new Labor (PERM)? If YES:
1. Can I apply for new LABOR before APPEAL or should be applied after the APPEAL.
2. Can I apply for LABOR with a new employer or only with Current employer? and what about my 9th year H1b extension if I file the labor with a new employer?
4) If my Deniel is on my education related, then Can my attorney file an MTR and request the USCIS to consider my case as a EB3? if requested what are the chances of USCIS approving my I-140?
5) If the USCIS is OK for converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP are valid or not?
I need your suggestion. Please.. advice me on what steps need to be taken to carefully handle I140 deniel and also to maintain my status in USA.
Thanks
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amit79
04-16 08:03 AM
USCIS started sending notifications for Premium Processing petitioners on 15th April, 2008. As we start receiving notifications, a lot of H1B petitioners using IV are waiting to hear from USCIS, this thread can help keep the information in one place and provide quick access to the current status of notifications. Those received their notifications from USCIS can put in the results in the following format
Quota - General/Higher
Premium Processing - Yes/No
Notification Date - xx/xx/xx
Receipt Number - Yes/No
Waiting List - Yes/No
Notified via - email/postal mail
Employer - Consultant/Company
Multiple Petitions - Yes/No
Comments - you can put any extra comments that are relevant
Good Luck.
Quota - General/Higher
Premium Processing - Yes/No
Notification Date - xx/xx/xx
Receipt Number - Yes/No
Waiting List - Yes/No
Notified via - email/postal mail
Employer - Consultant/Company
Multiple Petitions - Yes/No
Comments - you can put any extra comments that are relevant
Good Luck.
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WeShallOvercome
12-13 01:59 AM
It depends on the terms of the contract.
I think Washington is an "At Will" employment state, so no matter what a contract says, its pretty much !#*$. I'd do some research if I were you -google, get some state specific employment law advice, check your employee handbook etc.
At Will means that either side (employer or employee) can end a contract at any point, AFAIK
Employee handbook should spell it out. I guess they "could" force you to use your PTO - don't know of the legality in that.
Just my opinion, not legal advice:o
Quick search online got this:-
At Will
In Washington, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In Washington, in order to overcome the at-will presumption, an employee must show that the employer made clear and unequivocal statements of job security to the employee.
The most common exception to employment-at will is for public policy. This holds that an employee is wrongfully discharged if the termination is counter to an explicit policy of the government. One example is the discharge of an employee for filing a workers' compensation claim.
Employee Handbooks
While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. It also provides more convenient access by employees and managers. At a minimum, an employee handbook should include:
* A statement regarding the at-will employment relationship
* An equal employment opportunity statement
* A policy regarding sexual and other types of harassment in the workplace
* Internet access, e-mail, and voice mail policies
* The Family Medical Leave Act
In Washington, in limited circumstances, the at-will presumption can be overcome and a just-cause employment relationship can be created by an employee's legitimate expectations that are grounded in an employer's policy statements. The employee has to show that the employer, through the employee manual or otherwise, made representations or promises that termination would be only for just cause.
The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.
Thanks franklin,
My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.
Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...
I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..
btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.
I think Washington is an "At Will" employment state, so no matter what a contract says, its pretty much !#*$. I'd do some research if I were you -google, get some state specific employment law advice, check your employee handbook etc.
At Will means that either side (employer or employee) can end a contract at any point, AFAIK
Employee handbook should spell it out. I guess they "could" force you to use your PTO - don't know of the legality in that.
Just my opinion, not legal advice:o
Quick search online got this:-
At Will
In Washington, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In Washington, in order to overcome the at-will presumption, an employee must show that the employer made clear and unequivocal statements of job security to the employee.
The most common exception to employment-at will is for public policy. This holds that an employee is wrongfully discharged if the termination is counter to an explicit policy of the government. One example is the discharge of an employee for filing a workers' compensation claim.
Employee Handbooks
While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. It also provides more convenient access by employees and managers. At a minimum, an employee handbook should include:
* A statement regarding the at-will employment relationship
* An equal employment opportunity statement
* A policy regarding sexual and other types of harassment in the workplace
* Internet access, e-mail, and voice mail policies
* The Family Medical Leave Act
In Washington, in limited circumstances, the at-will presumption can be overcome and a just-cause employment relationship can be created by an employee's legitimate expectations that are grounded in an employer's policy statements. The employee has to show that the employer, through the employee manual or otherwise, made representations or promises that termination would be only for just cause.
The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.
Thanks franklin,
My concern here is that IF I want to leave my employer without having to pay the 'damages' , Can I do that in case they are not able to find me a project in my state of residence (I have a house here in WA). I don't think they can force me to stay unpaid just so I don't break their agreement.
Also from the USCIS point of view, how safe or risky is it to be in this situation where the employer is not able to find any work for you just 1.5 months after GC approval? I can easily find work here, but if I can use this to get out of the agreement, I don't mind being unpaid for a few days...
I've heard some cases where the employee forced the employer to release him from all contractual obligations because employer wasn't able to pay him when he was willing to work..
btw, it's nice to be able to attach some face to a handle... I remember you from the DC rally day.
more...
pictures Heidi Montag then and now.
ak27
02-10 10:04 PM
It depends. Today, it does not matter whether you are EB2 or EB3 as both will remain retrogressed for long time unless Congress does something. You should look for right work and good employer. If your employer does not allow you to talk to Attorney directly then there is some ulterior motive. Since you have sometime to decide, analyze your career goals before deciding on EB2 or EB3. You should eligible for Eb2 by default because of your education unless your current job does not need one..
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Libra
07-11 08:24 PM
Beware he might shoot you:D bad idea
Expecting help from Cheney ?:confused:
Expecting help from Cheney ?:confused:
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nacho
07-15 06:23 AM
USCIS is not required to return your adjustment of status applications within any timeframe. If your number becomes current before you receive your applications back, i suggest that you send in new applications and indicate on the I-485 that you submitted adjustment of status applications in July 2007 and have not yet received any correspondence from USCIS on the case.
Can a core team member comment on this please?
Can a core team member comment on this please?
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maddipati1
01-13 01:31 AM
see below next to ur Qs.
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
NO. ur status is AOS. u can here until a decision is made on ur 485 app
2) Can they cancel my approved i 140?
They can, but won't impact you since u already filed 485 and 180 past. make sure u get the 140 approval notice ASAP from ur employer.
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Until a decision is made on ur 485. the only requirement is that when they ask you, u should be able to provide an offer letter from any future employer for same or similar job.
normally they ask for this letter when ur PD is current or when they started pre-adjudicating ur 485 app.
Thanks so much for all your help, Thanks ...
All my input is based on what i read on forums. i highly recommend to consult an attorney.
This is the basic stuff about GC n 485. u should spend some time to read forums and immi websites.
The first and most imp thing you should do is try get 140 approval notice, GC job description and as much possible documentation from your employer and take that to an attorney.
also imp is getting an offer letter even for future employment with matching job.
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
NO. ur status is AOS. u can here until a decision is made on ur 485 app
2) Can they cancel my approved i 140?
They can, but won't impact you since u already filed 485 and 180 past. make sure u get the 140 approval notice ASAP from ur employer.
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Until a decision is made on ur 485. the only requirement is that when they ask you, u should be able to provide an offer letter from any future employer for same or similar job.
normally they ask for this letter when ur PD is current or when they started pre-adjudicating ur 485 app.
Thanks so much for all your help, Thanks ...
All my input is based on what i read on forums. i highly recommend to consult an attorney.
This is the basic stuff about GC n 485. u should spend some time to read forums and immi websites.
The first and most imp thing you should do is try get 140 approval notice, GC job description and as much possible documentation from your employer and take that to an attorney.
also imp is getting an offer letter even for future employment with matching job.
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anilkumar0902
08-26 11:42 PM
Thanks for the reply. So we don't need to disclose to employer that we are on EAD.
AND
Also can employer discrimnate EAD, for ex: they won't hire people on EAD, can they do that legally?
EAD is in itself establishes a person's legal work eligibility. Nowadays, many employers and their HR departments are very aware of EAD usage. It shouldn't be an issue.
Just chill...Good Luck.
Cheers
AND
Also can employer discrimnate EAD, for ex: they won't hire people on EAD, can they do that legally?
EAD is in itself establishes a person's legal work eligibility. Nowadays, many employers and their HR departments are very aware of EAD usage. It shouldn't be an issue.
Just chill...Good Luck.
Cheers
kirupa
10-12 10:07 PM
Oh, I made them out of your PSD file :)
Berkeleybee
04-10 01:49 PM
To Berkeleybee, i have recently noticed that you always ask the people directly or indirectly whether they know more than you. While It may be true that you guys know more than us, because u spend hours upon hours making it your business to know, but that does not mean you would want to curb free speech. We are grateful to each and every IV core member for their extrodinary efforts, but do not admonish us because somebody wishes to express their ideas. Who knows if people propose 100 theories there might be 1 out there that even you guys have not thought about.
Personally if i were a member of the core team, i would not even bother to respond back to the threads where the so called theory holds no water. There are enough people in this forum to speculate for you :-).
CCC,
Wonderful to hear from a contributing member and thanks for the warm words.
IV has no interest in curbing free speech. All we ask is that new members go through forum posts and resource docs to see what IV has said on a given subject, and also realize that we have done our homework. How about asking us if we have considered an issue rather than telling us what to do (without much research) -- which is the tone that some new member posts take.
As for not responding to theories -- well they just take on a life of their own if we don't respond. :) IV has no intention of letting its forums become a chaotic space with misinformation and assorted half-baked theories. :)
best,
Berkeleybee
Personally if i were a member of the core team, i would not even bother to respond back to the threads where the so called theory holds no water. There are enough people in this forum to speculate for you :-).
CCC,
Wonderful to hear from a contributing member and thanks for the warm words.
IV has no interest in curbing free speech. All we ask is that new members go through forum posts and resource docs to see what IV has said on a given subject, and also realize that we have done our homework. How about asking us if we have considered an issue rather than telling us what to do (without much research) -- which is the tone that some new member posts take.
As for not responding to theories -- well they just take on a life of their own if we don't respond. :) IV has no intention of letting its forums become a chaotic space with misinformation and assorted half-baked theories. :)
best,
Berkeleybee
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