bigtiger
06-30 05:33 PM
Hi All,
By reading the AILF pdf:
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
I get this impression that they primarily mean the "Other Worker" category AOS rejections done in June 2007...I don't know what rules govern that category, but rejections did happen despite visa bulletin indicating current status for that category and AILF is considering this lawsuit. Now they are assuming that this might happen for EB2, EB-3 categories also. Plus we have this $4.4 billion CIR failure theory. There is no document date mentioned in this doc. So, I don't know how AILF is so confident that this will happen for EB2, EB-3 categories, for the rejections of applications has not even happened yet.
By reading the AILF pdf:
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
I get this impression that they primarily mean the "Other Worker" category AOS rejections done in June 2007...I don't know what rules govern that category, but rejections did happen despite visa bulletin indicating current status for that category and AILF is considering this lawsuit. Now they are assuming that this might happen for EB2, EB-3 categories also. Plus we have this $4.4 billion CIR failure theory. There is no document date mentioned in this doc. So, I don't know how AILF is so confident that this will happen for EB2, EB-3 categories, for the rejections of applications has not even happened yet.
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gk_2000
01-26 03:15 PM
A correction: it's grassroots, not grass-root
apb
07-17 10:23 PM
The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007).
Please note that fee change will be effective for EAD/AP after July/30
Please note that fee change will be effective for EAD/AP after July/30
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punjabi
10-09 04:20 PM
I would suggest you to consult an attorney! If you talk to a different IO, he might listen to you. People in USCIS are confused from this confusion of July 2 event.
An attorney might help. Or if this is only a money-issue, I would simply go ahead and "donate" USCIS with higher fee. At least the application will be accepted.
Good Luck.
An attorney might help. Or if this is only a money-issue, I would simply go ahead and "donate" USCIS with higher fee. At least the application will be accepted.
Good Luck.
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calif
10-29 03:59 PM
which service center?
Give a try if they can update it.
Give a try if they can update it.
dish
09-25 09:56 AM
The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
http://immigrationvoice.org/forum/showthread.php?t=454&page=3
see this thread.
Maybe it is a good idea to contact the Ombudsman about this issue.
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sanatshah
10-12 12:20 PM
My I-485 reached to NSC on July 17th. Still waiting on RN.:(
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JunRN
12-22 07:00 PM
They could be a couple (husband and wife) sharing same computer with same IP Address and with same PD (cross-chargeability).
We are in democratic country. Why not ask them first? Give them due process.
Somebody gave me "disapproval" because of the post above....I think that somebody do not believe in "due process" and "democracy".
We are in democratic country. Why not ask them first? Give them due process.
Somebody gave me "disapproval" because of the post above....I think that somebody do not believe in "due process" and "democracy".
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kriskris
04-17 12:29 PM
As you understand there is no magic correct solution to this situation, but, whichever decision you make about which line your mother-in-law stands in, she should be well prepared to document her intention to return to her home abroad after her visit to the US. Documents she should be prepared to show could include: proof of home ownership or long term lease abroad, proof of bank accounts abroad, proof of car ownership abroad, fixed date return ticket, proof of family abroad--husband and/or other children/grandchildren, proof of some specific event she plans to attend abroad such as wedding or other invitations, etc.
Thanks for your reply. As I understand most people usually don't carry all the documents specified above while entering US. We carry those documents while going for the visa. Do you recommend carrying all those documents which establish ties to the home country while entering USA?
Thanks for your reply. As I understand most people usually don't carry all the documents specified above while entering US. We carry those documents while going for the visa. Do you recommend carrying all those documents which establish ties to the home country while entering USA?
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FredG
August 8th, 2005, 12:15 PM
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eastindia
05-14 02:19 PM
It is a very sad story. We people who have legal status feel very very lucky after reading his story. We can only imagine what this poor kid was going tough mentally. He did not have the right to education in college, could not drive and could not pursue his interests. He could not even go back to his country because he did not know anything else other than USA.
These kids deserve a better life than constantly living a life of fear and hopelessness.
These kids deserve a better life than constantly living a life of fear and hopelessness.
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Jaime
03-29 11:07 AM
Read the Murthy article, looks like DOL is stepping up PERM approvals for non-audited cases (now let's just pray we who are waiting for PERM don't get audited!)
Best of luck to all!
MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)
Best of luck to all!
MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)
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krishnam70
02-20 07:55 PM
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
You need to apply H4 for her and immediately ask her to move to that status. She is already out of status 'technically' as she is supposed to be working/or get paid even if she is not working.. Unless she has pay stubs from her employer from the time her H1 was done she is not in 'status'. Once you move to H-1 the only way is to file for change of status using the appropriate petition. She will not move in to H-4 automatically. I think you need to file H-4 petition for your wife immediately.
Consult your attorney immediately and do the needful
good luck
kris
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
You need to apply H4 for her and immediately ask her to move to that status. She is already out of status 'technically' as she is supposed to be working/or get paid even if she is not working.. Unless she has pay stubs from her employer from the time her H1 was done she is not in 'status'. Once you move to H-1 the only way is to file for change of status using the appropriate petition. She will not move in to H-4 automatically. I think you need to file H-4 petition for your wife immediately.
Consult your attorney immediately and do the needful
good luck
kris
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pappu
10-30 01:37 PM
See this link, give your comments ( I suggest to be brief & to the point).
http://blogs.usatoday.com/oped/2006/10/immigration_is_.html
pls. try to also post IV link in your reply on usatoday.com
http://blogs.usatoday.com/oped/2006/10/immigration_is_.html
pls. try to also post IV link in your reply on usatoday.com
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glus
02-24 12:20 PM
I filed my labor three years ago with a requirement of BS + a minimum of a one year experience (I had 4 years of US experience and 6 ys experience abroad at that time -feb 2005-).
Now that I filed I-485 more than 180 days ago and I have a job offer that pays double of what is mentioned in the Labor (which the lawyer said is not a problem) , I still have an issue and is the following: in the description mentions as requirement "BS + minimum of 5 ys experience".
My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience than what was required at the moment my labor was filed: ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.
The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years being same or similar). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.
Did anyone hear anything similar?
Thanks and have a great weekend!
OK, this could be a problem at the time of I485 approval. You can change a job to same or similar. If you salary is double, an IO can think that this can't possibly be "same or similar" job. Also, if the experience required for the new position is so much different, that could also raise doubts. I would suggest getting a 2nd lawyer's opinion. I remember reading memo stating that if there is a "marginal change" in salary or requirements, a job cannot be classified as similar or same, which is required to invoke Ac21.
Now that I filed I-485 more than 180 days ago and I have a job offer that pays double of what is mentioned in the Labor (which the lawyer said is not a problem) , I still have an issue and is the following: in the description mentions as requirement "BS + minimum of 5 ys experience".
My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience than what was required at the moment my labor was filed: ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.
The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years being same or similar). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.
Did anyone hear anything similar?
Thanks and have a great weekend!
OK, this could be a problem at the time of I485 approval. You can change a job to same or similar. If you salary is double, an IO can think that this can't possibly be "same or similar" job. Also, if the experience required for the new position is so much different, that could also raise doubts. I would suggest getting a 2nd lawyer's opinion. I remember reading memo stating that if there is a "marginal change" in salary or requirements, a job cannot be classified as similar or same, which is required to invoke Ac21.
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yabadaba
06-22 05:30 PM
bump
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suman
12-17 10:00 AM
The letter does not say anything. It just says that your I-485 is denied.
It does not give nay reason. It does not even say to appeal..
Thanks
It does not give nay reason. It does not even say to appeal..
Thanks
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12-31 11:16 PM
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GCwaitforever
06-30 06:01 PM
Should not the mere fact of finding a substitute person for the labor petition invalidate the labor petition itself? The idea of labor petition meant to indicate non-availability of local talent (which includes H-1Bs already present?)... This is a contradiction in substitute labor petitions.
monkeyman
10-21 07:44 PM
You have taken a very risky proposition. The best bet is to talk to the lawyer and let him/her handle the situation. You could receive the RFE on 1 and on account of trying to mislead the USCIS may have some issues and could lead to a murky situation.
My friend's situation is even murkier - both him and his wife filed for I-485 (along with other documents). The hubby added his wife as dependent and the wife has added the hubby as dependent. So, they received two EADs each and two APs each. They also got 4 FP notices and when they went for FP the second time, the issue came to light. Now the two lawyers are trying to clear the issue - I am sure this is posted someplace in the forum.
Best bet is to talk to the lawyer.
My friend's situation is even murkier - both him and his wife filed for I-485 (along with other documents). The hubby added his wife as dependent and the wife has added the hubby as dependent. So, they received two EADs each and two APs each. They also got 4 FP notices and when they went for FP the second time, the issue came to light. Now the two lawyers are trying to clear the issue - I am sure this is posted someplace in the forum.
Best bet is to talk to the lawyer.
mnq1979
10-22 02:36 PM
Hi,
I have a question and would really appreciate if some one can provide guidance.
My brother (currently in USA) got his H1B approved and he plans to go to US embassy in Ottawa to get the visa. We know that the H1B visa can take days to get approved due to administrative processing; therefore, he plans to give the interview to the US embassy and then leave for Pakistan.
My question is that in how many days my bro has to go back again to US embassy in Ottawa to collect his visa after the embassy informs him that his visa is back from administrative processing and is ready for stamping.
For example lets say my BRO gives the interview to US embassy on 2nd Dec. and then leaves for Pakistan on 4th Dec (since the actual time of administrative processing is unknown) and now lets say on 15 Dec. the US embassy informs him that his visa is ready and he can come for stamping (collect). So now in how many days my brother has to report to the embassy to get his visa stamp on his passport?
Does any have any idea about it !!!!
Thanks
I have a question and would really appreciate if some one can provide guidance.
My brother (currently in USA) got his H1B approved and he plans to go to US embassy in Ottawa to get the visa. We know that the H1B visa can take days to get approved due to administrative processing; therefore, he plans to give the interview to the US embassy and then leave for Pakistan.
My question is that in how many days my bro has to go back again to US embassy in Ottawa to collect his visa after the embassy informs him that his visa is back from administrative processing and is ready for stamping.
For example lets say my BRO gives the interview to US embassy on 2nd Dec. and then leaves for Pakistan on 4th Dec (since the actual time of administrative processing is unknown) and now lets say on 15 Dec. the US embassy informs him that his visa is ready and he can come for stamping (collect). So now in how many days my brother has to report to the embassy to get his visa stamp on his passport?
Does any have any idea about it !!!!
Thanks
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