koti
10-29 01:03 AM
Thanks for all your suggestions guys.
Looks like I can not file the new one in EB2 as long as I'm with the current employer as the masters degree completed after joining the current employer. I would have to look for a different employer in case I need to file a new one again.
Looks like I can not file the new one in EB2 as long as I'm with the current employer as the masters degree completed after joining the current employer. I would have to look for a different employer in case I need to file a new one again.
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aat0995
01-15 12:03 PM
Wow! That should save me a bunch. I smell immigrationvoice is getting another donation soon :).
Now what aranya said would be wrong right? I just want to confirm as quite a few employers follow this practice. As mine is a govt. agency if it is a law I assume they will follow it. But just wanted to confirm..
Thanks!!
Now what aranya said would be wrong right? I just want to confirm as quite a few employers follow this practice. As mine is a govt. agency if it is a law I assume they will follow it. But just wanted to confirm..
Thanks!!
greenguru
01-07 02:42 AM
Congratulations!
Very nice post.. good to read it.. HOpe ur 485 gets approves soon as well..
Good spirit..
cheers
Very nice post.. good to read it.. HOpe ur 485 gets approves soon as well..
Good spirit..
cheers
2011 Cadillacs and Dinosaurs #1
eb3_nepa
02-19 12:03 PM
Yes it really IS impossible to determine which will move quicker.
and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.
EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.
EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
more...
aditik
07-20 08:49 PM
I know I have read it on the USCIS website...I'll get it for you
Hi
This is what is mentioned on the I-765 form.
http://www.uscis.gov/files/form/I-765.pdf
Check page number 9. It speaks about Interim EAD, and this document expires on 08/31/08. If they have stopped issuing Interim EADs how come it says the opposite on this document. Just wondering:confused:
Hi
This is what is mentioned on the I-765 form.
http://www.uscis.gov/files/form/I-765.pdf
Check page number 9. It speaks about Interim EAD, and this document expires on 08/31/08. If they have stopped issuing Interim EADs how come it says the opposite on this document. Just wondering:confused:
gcgreen
07-22 02:31 AM
Quoting the AC21 memo:
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
more...
GreeNever
07-07 12:56 PM
Not to throw in too many variants, but how about when on EAD? Does an EAD alter the situation?
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dask
12-09 03:25 PM
At last my turn comes in January.....now the real fight begins.....any information abt how to get name check status....etc. my FP was done in Sep 2007....did not receive any new FP request...any insight on that gurus.
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
more...
kart2007
05-25 11:26 PM
Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.
I went there in 2005 for renewing my friends passport. UPS lost his passport and VISA in transit. We were very pleased with the process.
We went to the office in downtown, reached at about 9 am. They were pretty quick to take the required documents and within 1 hr everything was done and we left the place.
Came back at 3:30 pm to collect the passport. Visa was stamped correctly. They made us wait for 1.5 hrs and called our name. We took the passport and drove back.
Let me know if you have any questions.
I went there in 2005 for renewing my friends passport. UPS lost his passport and VISA in transit. We were very pleased with the process.
We went to the office in downtown, reached at about 9 am. They were pretty quick to take the required documents and within 1 hr everything was done and we left the place.
Came back at 3:30 pm to collect the passport. Visa was stamped correctly. They made us wait for 1.5 hrs and called our name. We took the passport and drove back.
Let me know if you have any questions.
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jnraajan
03-14 02:04 PM
Yes. You are in status. Filing for I-485 provides you legal status. If you are without project for too long, transferring H1b might not be an option. But you can work on EAD. You will not be out of status.
Good luck with your job hunt.
Good luck with your job hunt.
more...
ingegarcia
05-25 08:04 AM
Fax Sent
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psaxena
10-07 03:18 PM
Forget all the middle vendor and lawsuit , nobody will do anything.. In CA if you not aware, there is no legally binding contract that can restrict and employee to work for any employer. Non compete agreements also do not work there, these are just fear tactics. I left my employer and joined the client , and did this 2 times and also that too not even in CA , in other states. Noone did nothing, because it cost time and money and unless there is a 100% chance for the other party to win , they will not get into the lawsuit and stuff as it cost a lot of time and money.
So forget him and also save the middle vendor's number on your phone so next time you can avoid his call.
hi ,
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
So forget him and also save the middle vendor's number on your phone so next time you can avoid his call.
hi ,
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
more...
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pd_recapturing
06-20 05:35 PM
I am confused. I have I 140 approval copy but it does not have A# in it. I know lots of people who have approved I 140 and they have A# in it. Please let me know what should I do in this case?
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engineer
04-02 02:19 AM
I am at AOS stage with approved I140, EAD and AP. My PD is Nov 2005 and I am in ROW.
I got following RFE.
My original birth certificate doesnot show the name of my mother as local laws in my country don't put mother's name on birth certificate.
My questions:
1. How should I answer RFE ?
2. Who should sign Affidavits ? My parents, grand parents , relatives etc ?
3. Can anyone send me format of Affidavit please
I will appreciate your help.
Thanks,
Sumbit the following evidence to verify the birth and parentage of [name]
A photocopy of a birth certificate issued by the Local Registrar if the person named above was born in a
city, or
A photocopy of a birth certificate issued by the Additional Disctrict Registrar's Office if the person
named above was born in a village.
If a birth certificate doesnot list the names of both mother and father, or the child, secondary evidence
must be submitted to establish parentage. Secondary evidence includes , but is not limited to , copies of:
medical recors, government-issued identity cards, religious records and/or affidavist from atleast two
persons alive at the time of birth. The oldest available evidence thats lists the names of both parents
should be submitted.
I got following RFE.
My original birth certificate doesnot show the name of my mother as local laws in my country don't put mother's name on birth certificate.
My questions:
1. How should I answer RFE ?
2. Who should sign Affidavits ? My parents, grand parents , relatives etc ?
3. Can anyone send me format of Affidavit please
I will appreciate your help.
Thanks,
Sumbit the following evidence to verify the birth and parentage of [name]
A photocopy of a birth certificate issued by the Local Registrar if the person named above was born in a
city, or
A photocopy of a birth certificate issued by the Additional Disctrict Registrar's Office if the person
named above was born in a village.
If a birth certificate doesnot list the names of both mother and father, or the child, secondary evidence
must be submitted to establish parentage. Secondary evidence includes , but is not limited to , copies of:
medical recors, government-issued identity cards, religious records and/or affidavist from atleast two
persons alive at the time of birth. The oldest available evidence thats lists the names of both parents
should be submitted.
more...
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gcwait2007
06-28 04:39 PM
You need last 2 paystubs and one of them is issued within last 30 days.
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casinoroyale
01-12 07:55 PM
As per my reading one can re-enter on AP. But do remember that the CBP officer at the port of entry notices that once case is under security check or something he may create issues. But in general i don't think this is the case. One of my friend who was stuck with security check entered using AP. I know him personally so this is for fact happend.
As per several murthy chat items, Sheela Murthy also thinks one can enter on AP if their H1B visa stamp is rejected to getting delayed.
But do remember that, your status will change from H1B to PAROLE once you enter using AP. But hey, you can alwyas change it back to H1B once you get the visa.
One of my personal concerns about this approach (for which i don't have concrete answer), does the consulate consider your visa applicaton abondoned if they find out that the candidate has entered US?
(not proof reading, plz ignore spelling and grammar mistakes)
As per several murthy chat items, Sheela Murthy also thinks one can enter on AP if their H1B visa stamp is rejected to getting delayed.
But do remember that, your status will change from H1B to PAROLE once you enter using AP. But hey, you can alwyas change it back to H1B once you get the visa.
One of my personal concerns about this approach (for which i don't have concrete answer), does the consulate consider your visa applicaton abondoned if they find out that the candidate has entered US?
(not proof reading, plz ignore spelling and grammar mistakes)
more...
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NikNikon
June 16th, 2006, 06:01 PM
They look good to me Antonio. I wish I could get results like this with my 50mm 1.8, but then I've only tried on bands in small clubs, you had a few more stage lights to work with it looks like to me.
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gbof
10-16 10:13 AM
This is what I can speculate from logical point of view. There can be an 2nd RFE which is basically seeking more clarification on an earlier RFE. These kind of RFE will be pretty much immediate to the preceeding RFE (within 1 -2 months)
After that hopefully there should not be any unrelated RFE with the assumption that IO has taken a complete look at the file before issuing a RFE. We do not want a RFE for BC and when that is replied IO sending another one for Medical or Marriage Certificate. We should reasonably assume that IO has taken a good look at the application before sending RFE.
But we can expect RFE for cases that are current. The reason being most of these cases might be lying with CIS for over 2-3 years before getting current and considering the current state of economy they might issue a RFE for updated EVL to check if the person is still working. That is again just a pure guess no one knows how CIS works in reality
eb2_mumbai,
Most your recent postings are logical but still so much red here- I gave you green.
After that hopefully there should not be any unrelated RFE with the assumption that IO has taken a complete look at the file before issuing a RFE. We do not want a RFE for BC and when that is replied IO sending another one for Medical or Marriage Certificate. We should reasonably assume that IO has taken a good look at the application before sending RFE.
But we can expect RFE for cases that are current. The reason being most of these cases might be lying with CIS for over 2-3 years before getting current and considering the current state of economy they might issue a RFE for updated EVL to check if the person is still working. That is again just a pure guess no one knows how CIS works in reality
eb2_mumbai,
Most your recent postings are logical but still so much red here- I gave you green.
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lfadgyas
01-08 07:25 PM
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/16244-unemployment-benefits-on-ead-3.html
Antonio Trivelin
June 16th, 2006, 01:07 PM
Hi Antonio,
Great stuff!!!
I love no. 2, 3 and 4.
2 for the dynamic composition, 3 just cracked me up because the percussion instruments are so domineering and 4 seems pure concentration. 2 and 4 could maybe be cropped slightly, but that's very minor.
Cheers,
Stefanie
Hi Stefanie !!
Tks a lot for the comments !!! :D
This guy at the percussion was fantastic !!! He was very concentrate on it and make a lot of funny faces :) ...i think he is Lenny Kravitz�s cousin hahahahah ..just for fun ok.
Regards,
Antonio
Great stuff!!!
I love no. 2, 3 and 4.
2 for the dynamic composition, 3 just cracked me up because the percussion instruments are so domineering and 4 seems pure concentration. 2 and 4 could maybe be cropped slightly, but that's very minor.
Cheers,
Stefanie
Hi Stefanie !!
Tks a lot for the comments !!! :D
This guy at the percussion was fantastic !!! He was very concentrate on it and make a lot of funny faces :) ...i think he is Lenny Kravitz�s cousin hahahahah ..just for fun ok.
Regards,
Antonio
kirupa
12-02 04:58 PM
Congrats Phat :) I will have these entries added to the kirupaLab sometime by the end of this week!
