knowDOL
04-11 10:15 AM
I have contributed my share to Immigramtion voice. It is good to share our problems and goals and work towards achieving what we want, We should do our karma and then result is not in our hands, at least we know did the right thing for sure.
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GCScrewed
06-15 02:27 PM
I think it should be stated as "All EB3's are screwed up, including India."
visa_reval
04-08 02:35 PM
Received soft luds for wife and son on the 3rd, 4th and 6th of this month. No lud for my app. wonder what's going on.
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ItIsNotFunny
10-08 01:12 PM
Friends,
I did a quick search and did not find answer to this. Apologise if this is a repost.
But a co-worker of mine wants to travel on AP. After coming back, he will join my company (right now he is a contractor) as a perm employee on H1. Is it possible and allowed? Can he transfer H1 after using AP?
Our company attorney confirmed that his H1B will remain valid even after using AP. But she is not sure about transfer. I will post her reply once she gets back to him. But in meantime, if anyone has any idea about this, please share.
Thats correct. Once you use AP, you loose H1 status and your status is "Adjustment of Status".
I did a quick search and did not find answer to this. Apologise if this is a repost.
But a co-worker of mine wants to travel on AP. After coming back, he will join my company (right now he is a contractor) as a perm employee on H1. Is it possible and allowed? Can he transfer H1 after using AP?
Our company attorney confirmed that his H1B will remain valid even after using AP. But she is not sure about transfer. I will post her reply once she gets back to him. But in meantime, if anyone has any idea about this, please share.
Thats correct. Once you use AP, you loose H1 status and your status is "Adjustment of Status".
more...
Buran
02-08 11:37 AM
Guys!
When you post about ability to pay RFE please specify your company size and how old your company is.
My employer has 2000 employees and was established very long time ago, right now they have financial difficulties and are loosing money. They pay much more then a prevailing wage. Although they are loosing money now, they\'ve been around for almost 100 years. Is the ability to pay will be an issue with USCIS?
I think maybe I should invoke AC21, to avoid ability to pay RFE?
When you post about ability to pay RFE please specify your company size and how old your company is.
My employer has 2000 employees and was established very long time ago, right now they have financial difficulties and are loosing money. They pay much more then a prevailing wage. Although they are loosing money now, they\'ve been around for almost 100 years. Is the ability to pay will be an issue with USCIS?
I think maybe I should invoke AC21, to avoid ability to pay RFE?
EB2_Jun03_dude
03-14 07:32 AM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
I get 404 error when clicked on the above url. Did they remove it ? is it again the same July 2007 fiasco ?
I get 404 error when clicked on the above url. Did they remove it ? is it again the same July 2007 fiasco ?
more...
PresidentO
05-12 04:53 PM
Because your title and your message are at odds with each other.
Did you just get out a meeting where the shouting match involved getting a life?
Mr Elite, Now by 2010 please move to the north of border and dont hang in here.
Troll Alert!!!
Did you just get out a meeting where the shouting match involved getting a life?
Mr Elite, Now by 2010 please move to the north of border and dont hang in here.
Troll Alert!!!
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amar123
04-18 05:28 PM
Congrats,Fellow porter
more...
waiting_4_gc
07-18 03:03 PM
Guys , I think this issue has been discussed lot of times.
1) USCIS do not allot immigrant visas, It is alloted by DOS.
2) DOS needs a fix in the current EB laws to capture unused visa.
3) I am not sure if we can push any change in law, given the current Iraq war quagmire.
But I hope they speed up the overall application processing times, with all the increased Fee money they will get from July 30th (by investing money on IT).
Not sure USCIS keep up their promise with a large volume of applications. I came to know from immigration-law.com site that, 750,000 applications(yes,i'm talking about I-485) will be filed in this one month period. So, I'm really scared to imagine something good with such large volume.
We should fight for recapturing unused visas and EB visa reform.
Otherwise, we dont know how many more years we have to wait to get GC.
1) USCIS do not allot immigrant visas, It is alloted by DOS.
2) DOS needs a fix in the current EB laws to capture unused visa.
3) I am not sure if we can push any change in law, given the current Iraq war quagmire.
But I hope they speed up the overall application processing times, with all the increased Fee money they will get from July 30th (by investing money on IT).
Not sure USCIS keep up their promise with a large volume of applications. I came to know from immigration-law.com site that, 750,000 applications(yes,i'm talking about I-485) will be filed in this one month period. So, I'm really scared to imagine something good with such large volume.
We should fight for recapturing unused visas and EB visa reform.
Otherwise, we dont know how many more years we have to wait to get GC.
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RadioactveChimp
05-30 11:53 PM
eh I don't think so, it's just gonna be cool. I was thinking maybe a "jean jacket" design or maybe the "inside" to make it look clear. Those are both pretty dumb.
more...
kpartha
04-02 05:07 PM
I never got any LUDs but got a denial on my 485 after going through the AC21/NOID stuff way back in August, 2008.
There could be some background processing going on.
Is there are pattern to these LUDs?
I am in a situation that the company where I am working is offering a permanent position and my employer is also willing to support me. But I am afraid of doing AC21 after reading about the pitfalls of AC21. Any suggestions??
There could be some background processing going on.
Is there are pattern to these LUDs?
I am in a situation that the company where I am working is offering a permanent position and my employer is also willing to support me. But I am afraid of doing AC21 after reading about the pitfalls of AC21. Any suggestions??
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rameshk75
08-19 01:55 PM
Congrats and n'joy the life...i understand your anxiety and you deserve it...
more...
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dogking
04-07 10:19 PM
Contributed $100
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wikipedia_fan
03-30 02:40 PM
Forum Gurus - I got a denial letter on my 485. I am a July 2007 filer and applied for AOS in July 2007. My 140 was revoked by ex employer in August 2008 and immediately I got a NOID from USCIS and responded to it in a timely manner and my case processing resumed.
But now, I got a denial stating that my 140 has been revoked in August 2008 and thats why my 485 is denied. My Attorney is filing for MTR and says it is a mistake on their side and will be resolved through MTR.
It just baffles me that the person who sent the denial letter never looked into the system to see my case trail and blindly issued the denial notice. My Attorney says, it is very much possible that they do not look at RFEs or responses - they just issue denials when they browse through the 140s.
I am EB2 India with a priority date of March 2006. I think some kind of pre assessment is going on. There are no LUDs and mine is at the TSC.
Is there anyone else in the same boat? How long does it take for MTR to get processed?
But now, I got a denial stating that my 140 has been revoked in August 2008 and thats why my 485 is denied. My Attorney is filing for MTR and says it is a mistake on their side and will be resolved through MTR.
It just baffles me that the person who sent the denial letter never looked into the system to see my case trail and blindly issued the denial notice. My Attorney says, it is very much possible that they do not look at RFEs or responses - they just issue denials when they browse through the 140s.
I am EB2 India with a priority date of March 2006. I think some kind of pre assessment is going on. There are no LUDs and mine is at the TSC.
Is there anyone else in the same boat? How long does it take for MTR to get processed?
more...
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nixstor
07-26 06:02 PM
Brij,
Are H4's eligible for HOPE scholarship? Please provide more details
Thanks
Are H4's eligible for HOPE scholarship? Please provide more details
Thanks
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krishmunn
04-02 09:18 PM
Unfotunately what you are saying sounds cool except that its not true.
Job offer has to be valid on the day petition filed or the specific date mentioned.
If the job offer no longer exist, employer need to withdraw the H1. Until and unless employer does so, he is on hook to pay the employee.
The only argument against employee here is , employee did not report to work. If employee can prove (through email copies etc) that he actually tried to report but employer barred him, employer must pay the wage till the date H1 was sent for withdrawal.
Filing an H1 means that a job offer exist as of the day requested in the petition . For example, if the petition has a start date of Oct 1, 2010, and the petition is not withdrawn, employer is stating that he has a valid job opening starting October 1. No additional job offer/invite is required. The only time such invite *May Be* required (at PoE) is if the employee is travelling much later than the start date specified in the Petition.
Job offer has to be valid on the day petition filed or the specific date mentioned.
If the job offer no longer exist, employer need to withdraw the H1. Until and unless employer does so, he is on hook to pay the employee.
The only argument against employee here is , employee did not report to work. If employee can prove (through email copies etc) that he actually tried to report but employer barred him, employer must pay the wage till the date H1 was sent for withdrawal.
Filing an H1 means that a job offer exist as of the day requested in the petition . For example, if the petition has a start date of Oct 1, 2010, and the petition is not withdrawn, employer is stating that he has a valid job opening starting October 1. No additional job offer/invite is required. The only time such invite *May Be* required (at PoE) is if the employee is travelling much later than the start date specified in the Petition.
more...
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manjunathrao_sl
07-16 12:22 PM
Signed
girlfriend Kadett Cabriolet !!!!! TUNING
sobers
02-22 12:31 PM
Whether it is logical or not, whether we like it or not, the issues of illegal and legal immigration are intrinsically tied up (to the disadvantage of skilled workers, of course:-()
Anyhow, this appeared in today's Wall Street Journal...it may forbode a taste of things to come..or not come..this one focusses on the DREAM Act which is geared to provide in-state tuition to illegal immigrants..
---------------
Should Illegal Immigrants Get Tuition Help?
States' Varying Stances on College-Education Benefit Illustrate Congress's Overhaul Task
By JUNE KRONHOLZ
February 22, 2006; Page A4
WASHINGTON -- An emotional state-level dispute over college tuition shows how tough it will be for Congress to overhaul immigration laws and extend citizenship benefits to the country's estimated 11 million illegal immigrants.
Four years ago, California passed a law granting in-state tuition to students who were in the U.S. illegally but had graduated from a California high school. Eight other states followed, allowing illegal immigrants to attend public colleges for in-state student fees -- usually less than half what out-of-state students pay.
DiAnna Schimek, a Democrat who heads the Nebraska Senate's education committee, says she has pushed for an in-state tuition bill for illegal immigrants as a matter of compassion and economic calculation. "These children didn't bring themselves" but were brought by their parents, she says. "It's only a good investment on our part to make certain they are productive citizens."
But attitudes have been hardening as an estimated 400,000 illegal immigrants flood in yearly. "That's an alarm to the people here ... it's a drain on the economy," says Rep. Glenn Donnelson, a Utah Republican who heads an education committee in his state.
So while some legislators want to extend tuition benefits to illegal immigrants in their states, others are calling for laws to deny the benefit -- or take it back.
Lawmakers in Utah, Kansas and New Mexico -- which passed in-state tuition benefits only two or three years ago -- now are waging uphill fights to repeal them. Massachusetts legislators last month rejected a bill to offer in-state tuition benefits to illegal immigrants.
Six states are considering measures that would deny in-state tuition, tuition waivers or state scholarships to illegal immigrants. In New York, which offers in-state tuition to illegal immigrants, and Virginia, which recently passed a law offering benefits to some, bills have been introduced to bar illegal immigrants from attending public colleges.
Meanwhile, lawsuits challenging in-state tuition for illegal immigrants have been filed in California and in Kansas. "There's something wrong with giving a benefit to an illegal that we don't even give to citizens of other states," says state Rep. Becky Hutchins, a Kansas Republican leading a repeal effort there.
The tuition laws generally require illegal immigrants to have attended a local high school for three years, to have graduated or earned a high-school equivalency and to sign an affidavit promising to legalize their immigration status as soon as they are eligible.
Promoters expect few students to actually take up the benefit. Dropout rates are high and academic scores generally are low among Hispanics, who account for the majority of illegal aliens. And even in-state tuition, which averages about $5,500 this year, may be out of reach for children whose parents typically hold minimum-wage jobs.
Kris Kobach, a University of Missouri law professor who brought a federal suit against the Kansas program, says 221 illegal immigrants are enrolled in Kansas public colleges this year, and that even when the benefit becomes widely known, the number probably wouldn't exceed 2,700.
Even so, in-state tuition laws have become flashpoint among some voters who feel they haven't any other way to protest illegal immigration. Federal laws allow illegal immigrants to use emergency medical services, and a 1982 Supreme Court decision entitles their children to public education through high school.
Rod Adair, a New Mexico state senator who introduced unsuccessful legislation to repeal his state's immigrant-tuition benefit, says he was acting "in response to my constituents. They're frustrated."
Prof. Kobach's suit contends Kansas's in-state tuition benefit violates a federal law that prohibits states from giving any benefit to an illegal alien that they don't also extend to all U.S. citizens.
Among his plaintiffs, Heidi Hydeman, an Iowa native, says she was charged out-of-state tuition by the University of Kansas, though she lived in Kansas for six years and paid Kansas income tax for three years while attending the school. "I thought it was unfair," says Ms. Hydeman.
Mr. Donnelson, the Utah legislator, says Utah would face a $34 million bill if a similar suit were filed there, and current out-of-state students were refunded the difference between in-state tuition and the nonresident tuition they pay.
But legislators' doubts go beyond that. Although illegal immigrants who get the tuition benefit pledge to legalize their status, there is almost no way they can do that under current laws. And even with a college degree, there is almost no way for illegal immigrants to legally get a job.
For years, congressional supporters have promoted a measure, called the Dream Act, that would clear up those problems. States would be allowed to offer in-state tuition to illegal-immigrant students who, in turn, could become citizens.
In 2003, almost half the Senate cosponsored the Dream Act. But the Dream Act's prospects have faded, and this year its pivotal supporter, Utah Republican Sen. Orrin Hatch, withdrew as a sponsor. "Realistically, the Dream Act will not pass" and should be included in an overhaul of immigration laws, he said.
But the tensions fueling opposition to in-state tuition laws are the same ones making it hard for Congress to pass immigration overhaul. A coalition of pro-business Republicans, Democrats, immigrant-rights groups and labor unions wants new federal laws that would let illegal immigrants eventually become citizens.
They are being stymied, however, by social conservatives, who worry about being culturally overwhelmed by immigrants, and by Republican national-security hawks, who are demanding that Washington cut off illegal immigration first. The tension prevented the U.S. House from taking up immigration overhaul last year, and is complicating the Senate's efforts to pass it this year.
Write to June Kronholz at june.kronholz@wsj.com
Anyhow, this appeared in today's Wall Street Journal...it may forbode a taste of things to come..or not come..this one focusses on the DREAM Act which is geared to provide in-state tuition to illegal immigrants..
---------------
Should Illegal Immigrants Get Tuition Help?
States' Varying Stances on College-Education Benefit Illustrate Congress's Overhaul Task
By JUNE KRONHOLZ
February 22, 2006; Page A4
WASHINGTON -- An emotional state-level dispute over college tuition shows how tough it will be for Congress to overhaul immigration laws and extend citizenship benefits to the country's estimated 11 million illegal immigrants.
Four years ago, California passed a law granting in-state tuition to students who were in the U.S. illegally but had graduated from a California high school. Eight other states followed, allowing illegal immigrants to attend public colleges for in-state student fees -- usually less than half what out-of-state students pay.
DiAnna Schimek, a Democrat who heads the Nebraska Senate's education committee, says she has pushed for an in-state tuition bill for illegal immigrants as a matter of compassion and economic calculation. "These children didn't bring themselves" but were brought by their parents, she says. "It's only a good investment on our part to make certain they are productive citizens."
But attitudes have been hardening as an estimated 400,000 illegal immigrants flood in yearly. "That's an alarm to the people here ... it's a drain on the economy," says Rep. Glenn Donnelson, a Utah Republican who heads an education committee in his state.
So while some legislators want to extend tuition benefits to illegal immigrants in their states, others are calling for laws to deny the benefit -- or take it back.
Lawmakers in Utah, Kansas and New Mexico -- which passed in-state tuition benefits only two or three years ago -- now are waging uphill fights to repeal them. Massachusetts legislators last month rejected a bill to offer in-state tuition benefits to illegal immigrants.
Six states are considering measures that would deny in-state tuition, tuition waivers or state scholarships to illegal immigrants. In New York, which offers in-state tuition to illegal immigrants, and Virginia, which recently passed a law offering benefits to some, bills have been introduced to bar illegal immigrants from attending public colleges.
Meanwhile, lawsuits challenging in-state tuition for illegal immigrants have been filed in California and in Kansas. "There's something wrong with giving a benefit to an illegal that we don't even give to citizens of other states," says state Rep. Becky Hutchins, a Kansas Republican leading a repeal effort there.
The tuition laws generally require illegal immigrants to have attended a local high school for three years, to have graduated or earned a high-school equivalency and to sign an affidavit promising to legalize their immigration status as soon as they are eligible.
Promoters expect few students to actually take up the benefit. Dropout rates are high and academic scores generally are low among Hispanics, who account for the majority of illegal aliens. And even in-state tuition, which averages about $5,500 this year, may be out of reach for children whose parents typically hold minimum-wage jobs.
Kris Kobach, a University of Missouri law professor who brought a federal suit against the Kansas program, says 221 illegal immigrants are enrolled in Kansas public colleges this year, and that even when the benefit becomes widely known, the number probably wouldn't exceed 2,700.
Even so, in-state tuition laws have become flashpoint among some voters who feel they haven't any other way to protest illegal immigration. Federal laws allow illegal immigrants to use emergency medical services, and a 1982 Supreme Court decision entitles their children to public education through high school.
Rod Adair, a New Mexico state senator who introduced unsuccessful legislation to repeal his state's immigrant-tuition benefit, says he was acting "in response to my constituents. They're frustrated."
Prof. Kobach's suit contends Kansas's in-state tuition benefit violates a federal law that prohibits states from giving any benefit to an illegal alien that they don't also extend to all U.S. citizens.
Among his plaintiffs, Heidi Hydeman, an Iowa native, says she was charged out-of-state tuition by the University of Kansas, though she lived in Kansas for six years and paid Kansas income tax for three years while attending the school. "I thought it was unfair," says Ms. Hydeman.
Mr. Donnelson, the Utah legislator, says Utah would face a $34 million bill if a similar suit were filed there, and current out-of-state students were refunded the difference between in-state tuition and the nonresident tuition they pay.
But legislators' doubts go beyond that. Although illegal immigrants who get the tuition benefit pledge to legalize their status, there is almost no way they can do that under current laws. And even with a college degree, there is almost no way for illegal immigrants to legally get a job.
For years, congressional supporters have promoted a measure, called the Dream Act, that would clear up those problems. States would be allowed to offer in-state tuition to illegal-immigrant students who, in turn, could become citizens.
In 2003, almost half the Senate cosponsored the Dream Act. But the Dream Act's prospects have faded, and this year its pivotal supporter, Utah Republican Sen. Orrin Hatch, withdrew as a sponsor. "Realistically, the Dream Act will not pass" and should be included in an overhaul of immigration laws, he said.
But the tensions fueling opposition to in-state tuition laws are the same ones making it hard for Congress to pass immigration overhaul. A coalition of pro-business Republicans, Democrats, immigrant-rights groups and labor unions wants new federal laws that would let illegal immigrants eventually become citizens.
They are being stymied, however, by social conservatives, who worry about being culturally overwhelmed by immigrants, and by Republican national-security hawks, who are demanding that Washington cut off illegal immigration first. The tension prevented the U.S. House from taking up immigration overhaul last year, and is complicating the Senate's efforts to pass it this year.
Write to June Kronholz at june.kronholz@wsj.com
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malaGCPahije
03-13 12:04 PM
Good news and I am very happy for all Eb2...It seems like EB3 has not much hopes. It is moving at snail's pace, but with all the overflow from EB1 and ROWW going to EB2 only, looks like EB3 will take a long time to reach 2004/2005. If few of us in EB3 category get to see the GC before they leave the US, we should consider ourselves fortunate.
somegchuh
07-27 04:04 PM
I am seriously thinking of PMP. If I don't do that I think I will have nothing to show even if I do get GC (which seems unlikely at the moment).
somegchuh..yeah...let's go get ourself a PMP cert???? Maybe we (and others who are interested) can start a PMP study group and get it done soon!!! Then by the time we all get our GC, we can work as a PM making at least 150K a year? Sounds good??? :D (sigh..trying to humor myself in such depressing moment!)
va_labor2002...good for u man..made 100K on ur old house! I wish..I wish....!
somegchuh..yeah...let's go get ourself a PMP cert???? Maybe we (and others who are interested) can start a PMP study group and get it done soon!!! Then by the time we all get our GC, we can work as a PM making at least 150K a year? Sounds good??? :D (sigh..trying to humor myself in such depressing moment!)
va_labor2002...good for u man..made 100K on ur old house! I wish..I wish....!
sam2006
07-18 06:04 PM
what about 3rd July applications?
Mine Reached 3rd july 7:50 AM?
Checks not cleared ...
Mine Reached 3rd july 7:50 AM?
Checks not cleared ...
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