chinna2003
03-11 09:21 AM
I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
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PHANI_TAVVALA
12-02 10:08 PM
Thanks for your advice guys, I have found a university which allows people to go on CPT from 1st semester itself. They charge $3000 for this arrangement (along with $2400 for 6 credit hours) and their MBA/MS program is weekend only classes. I expect to convert to F1 and work with my present employer on CPT upon the my H1B expiration in Sept' 09 (I don't want to recapture the 2 months in Indian vacation). Classes start in 1st week of Oct 2009. The worst part is my course load will be really heavy as I have to continue with my regular M.B.A coursework in my present university.
suryamnb
12-07 02:30 PM
Friends,
I apoligizeif I was posting this message in the wrong section.
I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?
I apoligizeif I was posting this message in the wrong section.
I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?
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jayleno
03-11 06:02 PM
Buddy,
Are you the same person as the one who posted this? Has someone hijacked your id or your brain?
http://immigrationvoice.org/forum/showthread.php?p=129163#post129163
You are asking an employer to do you a favor by sponsoring you a labor certification without a bonafide intent on your part to join the company.
I am sure you would be willing to pay money to the employer for that.
Please just get off this immigration boards these are for broad issues not a forum to encourage dubious if not illegal activity.
This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.
Are you the same person as the one who posted this? Has someone hijacked your id or your brain?
http://immigrationvoice.org/forum/showthread.php?p=129163#post129163
You are asking an employer to do you a favor by sponsoring you a labor certification without a bonafide intent on your part to join the company.
I am sure you would be willing to pay money to the employer for that.
Please just get off this immigration boards these are for broad issues not a forum to encourage dubious if not illegal activity.
This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.
more...
waiting4gc02
02-21 11:53 AM
Satish,
Did you see these updated today (2/21) ?
Where did you see that ??
Thanks
Did you see these updated today (2/21) ?
Where did you see that ??
Thanks
larmani
10-16 02:19 PM
Hi I got FP notice on 10/13. I filed on July 2nd and got receipt August 24 with TSC.
more...
EndRetro
06-20 01:03 PM
My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it?
What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
You should put the status on the day you are filing, so if you are filing before she gets on H-1, her status would be H-4.
Question: Why do need to have an AP filed? Is it just to avoid the hassle of stamping?
Just getting an AP approved has nothing to do with the H-1 status. But if you use the AP to enter into US, there is a grey area if the H-1 is still valid or not. If you have an option try to keep her on H-1 and not use the AP, this will make sure that he has a valid work status even if the 485 gets rejected.
I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it?
What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?
any ideas??
You should put the status on the day you are filing, so if you are filing before she gets on H-1, her status would be H-4.
Question: Why do need to have an AP filed? Is it just to avoid the hassle of stamping?
Just getting an AP approved has nothing to do with the H-1 status. But if you use the AP to enter into US, there is a grey area if the H-1 is still valid or not. If you have an option try to keep her on H-1 and not use the AP, this will make sure that he has a valid work status even if the 485 gets rejected.
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rani77
08-30 10:53 AM
Isnt recording conversations without the consent illegal? :confused:
This may be correct but , if you sent the tape of employer abusing /cursing its own employees to DOL along with other allegations , they might well pay special attention and scrutinize him or his company thoroghly.
This may be correct but , if you sent the tape of employer abusing /cursing its own employees to DOL along with other allegations , they might well pay special attention and scrutinize him or his company thoroghly.
more...
vikramaditya
05-01 09:36 AM
I had applied for labour in 2001 and also applied for i 140 and i 485 in 2002 .My h1 had exausted 7 years and since my i 94 was becoming in valid i was suggested by my lawyer to either stay here in usa without job and wait till i get the reciept notice and ead from uscis .Since financially my situation was very tight with a baby on the way .i decided to leave for india .Now i am here again since last 4 years .When i was in india i asked my lawyer if we can do any thing like counsalar processing etc (here in this case i had paid huge amount to the lawyer,i was paying for my gc process ).the lawyer told me that nothing can be done as he has withdrawn the i 140 .
Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
it took a day for me to overcome the frustration of what had happened .
and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
2.is there any thing i can do to reopen my old case .
Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
it took a day for me to overcome the frustration of what had happened .
and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
2.is there any thing i can do to reopen my old case .
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edaltsis
11-12 11:58 AM
From the day you file your case you are legal to work with your new employer until its approval or denial. When you file your case (filed in normal processing without including paystub) sometimes they just approve it and sometimes they ask for a current paystub for evidence to close the case as approved. As you start working for your new company you would get a pay stub which can be used for the query.
more...
gcadream
03-01 10:02 AM
Another front to think about :
Recently I have heard that when the company publishes advertisement for the labor when filling for fresh PERM, every time there is a response coming back because of the higher rate of unemployment in the market. The issue is, if any response comes back then the company cannot proceed with the labor and new GC process gets hung.
So, to be on safer side just check on ur skill set before resigning the current job as it should not be readily available in the market.
Recently I have heard that when the company publishes advertisement for the labor when filling for fresh PERM, every time there is a response coming back because of the higher rate of unemployment in the market. The issue is, if any response comes back then the company cannot proceed with the labor and new GC process gets hung.
So, to be on safer side just check on ur skill set before resigning the current job as it should not be readily available in the market.
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Sandeep
02-16 05:32 PM
Let us put it this way. Short term we can get some benefits of the 90 k visas that can be recaptured (140k according to the Ombudsman - 50k which went to Schedule A last year) But now 90k , regardless of whether it frees numbers for all countries, is going to be a short lived relief . With so many cases coming out of the backlog, there has to be some long term solution for this. All the comprehensive immigration bills had been talking of raising the per country quota by a couple of % but you have to also see that they are redistributing the allocations to EB1, 2 and 3. So I guess in the long run, there is no other option but to increase the overall quota
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vikramaditya
05-01 09:51 AM
Cool down and complete your story. Hopefully You did not file ur case like this. Just kidding.
My message is complete .:)
My message is complete .:)
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iamlost
07-24 10:37 PM
HI,
Don't panic. USCIS rarely reopens an approved GC (only in cases of fraud or misrepresentation). If you are talking about the online status, I would not pay too much attention to it as it gives incorrect info sometimes.
If you or your company did actually receive a RFE in the snail mail, get in touch with a good attorney and contact USCIS to see what is going on.
Alternatively, you can contact USCIS customer service yourself, to put your mind at ease.
Good luck.
I am wondering if this has anything to do with the erroneous 140 approvals from TSC. So, they revised all the approvals to pending status ... and my 2.5 old approved case also got in midst of it ... Hmmm !!! This is killing man .... No peace even after GC !
TSC Erroneously Issues I-140 Approval eMails on Premium Processing Cases
�MurthyDotCom
The Texas Service Center (TSC) advised in late July 2009 that eMail notifications have incorrectly been sent, which indicate approvals of Immigrant Petition for Alien Worker (I-140) cases. These eMails are originating from the Premium Processing Unit due to a technical problem. The system is issuing these eMails in error shortly after the transmission of the eMail receipt.
�MurthyDotCom
Erroneous I-140 Approval eMails do not have a Priority Date
�MurthyDotCom
The erroneous eMail does not contain a priority date or EB classification for the case. TSC is working to address the technical problem. Employers who are unsure about any such communication received from the TSC Premium Processing Unit can contact that unit at the eMail address or phone number provided on the I-140 receipt notice.
�MurthyDotCom
Conclusion
�MurthyDotCom
This likely is annoying and frustrating to individuals who believed their I-140 approvals were received in record time, only to find out that the approval eMail notification was erroneous. Although not specifically stated in the information released by TSC, it appears that this problem has been limited to eMail notifications. There was no indication that any hard-copy approval notices have been issued in error. MurthyDotCom and MurthyBulletin readers will be advised of any further information on this topic, when it is made available.
Don't panic. USCIS rarely reopens an approved GC (only in cases of fraud or misrepresentation). If you are talking about the online status, I would not pay too much attention to it as it gives incorrect info sometimes.
If you or your company did actually receive a RFE in the snail mail, get in touch with a good attorney and contact USCIS to see what is going on.
Alternatively, you can contact USCIS customer service yourself, to put your mind at ease.
Good luck.
I am wondering if this has anything to do with the erroneous 140 approvals from TSC. So, they revised all the approvals to pending status ... and my 2.5 old approved case also got in midst of it ... Hmmm !!! This is killing man .... No peace even after GC !
TSC Erroneously Issues I-140 Approval eMails on Premium Processing Cases
�MurthyDotCom
The Texas Service Center (TSC) advised in late July 2009 that eMail notifications have incorrectly been sent, which indicate approvals of Immigrant Petition for Alien Worker (I-140) cases. These eMails are originating from the Premium Processing Unit due to a technical problem. The system is issuing these eMails in error shortly after the transmission of the eMail receipt.
�MurthyDotCom
Erroneous I-140 Approval eMails do not have a Priority Date
�MurthyDotCom
The erroneous eMail does not contain a priority date or EB classification for the case. TSC is working to address the technical problem. Employers who are unsure about any such communication received from the TSC Premium Processing Unit can contact that unit at the eMail address or phone number provided on the I-140 receipt notice.
�MurthyDotCom
Conclusion
�MurthyDotCom
This likely is annoying and frustrating to individuals who believed their I-140 approvals were received in record time, only to find out that the approval eMail notification was erroneous. Although not specifically stated in the information released by TSC, it appears that this problem has been limited to eMail notifications. There was no indication that any hard-copy approval notices have been issued in error. MurthyDotCom and MurthyBulletin readers will be advised of any further information on this topic, when it is made available.
more...
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akhilmahajan
09-30 02:24 PM
If you dont mind, can you please elaborate little bit more on this?
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gkaplan
04-22 01:27 PM
I think i understand:) Thank you.
As I might have already mentioned, i've been working for a company for 2 years now with my EAD, they are willing to sponsor for H1B. so as long as my J principal has a waiver, then my company shoulnd face any problems on applying for a H1B right?
Could you please explain "As long as the H1-B quota is not exhausted and the petition was correctly filed". ? Is there a deadline to apply for H1B ?
i really appreciate your opinoins, thank you very much.
As I might have already mentioned, i've been working for a company for 2 years now with my EAD, they are willing to sponsor for H1B. so as long as my J principal has a waiver, then my company shoulnd face any problems on applying for a H1B right?
Could you please explain "As long as the H1-B quota is not exhausted and the petition was correctly filed". ? Is there a deadline to apply for H1B ?
i really appreciate your opinoins, thank you very much.
more...
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jayleno
03-11 06:02 PM
Buddy,
Are you the same person as the one who posted this? Has someone hijacked your id or your brain?
http://immigrationvoice.org/forum/showthread.php?p=129163#post129163
You are asking an employer to do you a favor by sponsoring you a labor certification without a bonafide intent on your part to join the company.
I am sure you would be willing to pay money to the employer for that.
Please just get off this immigration boards these are for broad issues not a forum to encourage dubious if not illegal activity.
This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.
Are you the same person as the one who posted this? Has someone hijacked your id or your brain?
http://immigrationvoice.org/forum/showthread.php?p=129163#post129163
You are asking an employer to do you a favor by sponsoring you a labor certification without a bonafide intent on your part to join the company.
I am sure you would be willing to pay money to the employer for that.
Please just get off this immigration boards these are for broad issues not a forum to encourage dubious if not illegal activity.
This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
Lets assume the greencard is approved and can it be revoked if i never work for the employer.
And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.
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ameryki
02-29 01:50 PM
Receipts usually sends to Attorney, who represent your case, if you signed G-28 form. You only get Notice for FP, Original EAD, AP. So don't worry abt the receipt. It should be with your attroney.
What if the lawyer does not have the receipt notice either? Will I need a copy of the receipt notice or original when applying for EAD/ AP renewal? or can I use any other supporting documents?
What if the lawyer does not have the receipt notice either? Will I need a copy of the receipt notice or original when applying for EAD/ AP renewal? or can I use any other supporting documents?
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vxg
09-08 03:01 PM
Got the cards in the mail. My online case status says the application is still pending.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
Thanks for starting this. I am in same boat, i called TSC and the IO told me my case was approved on 9/4/09 and i have an LUD on 9/4/09 however online status says case pending. I asked that to the IO and she says she does not know about the online status but in there system it is approved. I did that after i received a call from an IO from local field office ( i went for Infopass last week at local office) informing that my and my wife's cases were approved on 9/4/09.
I am hoping to get the cards as have to travel to India next week. The IO in Texas advised me to get the Passport stamped.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
Thanks for starting this. I am in same boat, i called TSC and the IO told me my case was approved on 9/4/09 and i have an LUD on 9/4/09 however online status says case pending. I asked that to the IO and she says she does not know about the online status but in there system it is approved. I did that after i received a call from an IO from local field office ( i went for Infopass last week at local office) informing that my and my wife's cases were approved on 9/4/09.
I am hoping to get the cards as have to travel to India next week. The IO in Texas advised me to get the Passport stamped.
puvathoor
02-17 11:02 AM
"U" does not mean quota is done for FY 08...it may be "U" becoz for those categoreis, quarterly quota exhausted....USCIS normally does not grab the entire FY's quota at one time...they do it quarterly basis.
Even i think definitely before Oct itself, EB2 India moves ahead.
Pasted below is language from the Jan 2008 Visa Bulletin..
-------------------
D. INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE RETROGRESSION FOR JANUARY
It has been necessary to once again retrogress the India Employment Second preference cut-off date. This is a direct result of continued heavy applicant demand for numbers by CIS for adjustment of status cases despite the retrogression which occurred for December. It is likely that the annual limit for this category will be reached within the next few months, at which time the category would become “unavailable” for the remainder of fiscal year 2008.
-----------------
Based upon the above information in the Jan 2008 VB, I cannot digest that they use visa numbers on a quarterly basis.. I can appreciate visa numbers becoming available in later part of 2008 FY because of spillover from the other categories ( EB1) or ROW categories..
Also, Agree that credibility of this quote is to be questioned.. This is a very specific date / comment (I doubt State dept can predict April #s a month in advance of the actual date of release. Additionally, as discussed in many forums, because of the new no NC required if > 180 days, a lot of older PD applications in all categories will start getting visa # allocated. This is probably starting only in late Feb and pick up steam in March... I would think that state dept will wait and see how many visa # s are being allocated before making a drastic move on any visa categories..
I did some more searches on the Search engines and it did return out this statement across a few law firms' websites..
http://www.subhani-law.com/subhanilaw_subidx_news.aspx?main_idx=GAdmin2003551 43026
So the potential of a movement in the 2nd half because of spill over from Eb1 India / China to Eb2 India / China remains..
There is reason to be optimistic..
Even i think definitely before Oct itself, EB2 India moves ahead.
Pasted below is language from the Jan 2008 Visa Bulletin..
-------------------
D. INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE RETROGRESSION FOR JANUARY
It has been necessary to once again retrogress the India Employment Second preference cut-off date. This is a direct result of continued heavy applicant demand for numbers by CIS for adjustment of status cases despite the retrogression which occurred for December. It is likely that the annual limit for this category will be reached within the next few months, at which time the category would become “unavailable” for the remainder of fiscal year 2008.
-----------------
Based upon the above information in the Jan 2008 VB, I cannot digest that they use visa numbers on a quarterly basis.. I can appreciate visa numbers becoming available in later part of 2008 FY because of spillover from the other categories ( EB1) or ROW categories..
Also, Agree that credibility of this quote is to be questioned.. This is a very specific date / comment (I doubt State dept can predict April #s a month in advance of the actual date of release. Additionally, as discussed in many forums, because of the new no NC required if > 180 days, a lot of older PD applications in all categories will start getting visa # allocated. This is probably starting only in late Feb and pick up steam in March... I would think that state dept will wait and see how many visa # s are being allocated before making a drastic move on any visa categories..
I did some more searches on the Search engines and it did return out this statement across a few law firms' websites..
http://www.subhani-law.com/subhanilaw_subidx_news.aspx?main_idx=GAdmin2003551 43026
So the potential of a movement in the 2nd half because of spill over from Eb1 India / China to Eb2 India / China remains..
There is reason to be optimistic..
spicy_guy
04-21 11:43 PM
Anyone from Chicago near downtown? Not Napreville or Aurora. We are moving from (bay area) Santa Clara to Chicago. Office is in Downtown. Looking for a place closest to download. We are a family with small (1.5 year old) kid.
Please suggest.
Please suggest.
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