virald
01-31 09:30 PM
Has anyone analyzed who would be an ideal president from our point of view? Does IV think any candidate is more pro-legal immigrant than the other?
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a_yaja
09-13 03:14 PM
Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
To give you an example, consider the following:
1. From employer A, your EB2 Priority Date is July 7th, 2006 and your country of chargeability is India. Per the Oct. 2010 visa bulletin, your date is not current.
2. You change employer to employer B who files your PERM on July 17th, 2010 and you get it approved followed by I-140 approval as well (premium processing)
3. PD from second employer's EB2 GC process is July 17th, 2010 - but due to earlier approved I-140 you are able to port your PD and hence the PD on your second I-140 approval is July 7th, 2006 (assuming that the attorney asked for porting of PD).
4. From both your approved I-140 - your priority date is still July 7th, 2006. However, from Oct. 2010 visa bulletin, cut off date is May 8th, 2006. So your date is still not current. For your date to be current, the cut-off date has to be July 8th, 2010 or later.
Hope this helps.
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
To give you an example, consider the following:
1. From employer A, your EB2 Priority Date is July 7th, 2006 and your country of chargeability is India. Per the Oct. 2010 visa bulletin, your date is not current.
2. You change employer to employer B who files your PERM on July 17th, 2010 and you get it approved followed by I-140 approval as well (premium processing)
3. PD from second employer's EB2 GC process is July 17th, 2010 - but due to earlier approved I-140 you are able to port your PD and hence the PD on your second I-140 approval is July 7th, 2006 (assuming that the attorney asked for porting of PD).
4. From both your approved I-140 - your priority date is still July 7th, 2006. However, from Oct. 2010 visa bulletin, cut off date is May 8th, 2006. So your date is still not current. For your date to be current, the cut-off date has to be July 8th, 2010 or later.
Hope this helps.
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gc28262
07-31 02:14 PM
Thank you for your prompt response
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
I don't know the details about the contract. Just complain to DOL. Your "employer" will be so busy defending themselves, they won't have any time left to come after you.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
Liquidated damages ? Not sure how they have incurred some damages because of you. Since they claim to be your employer , they are supposed to pay you the salary all these years. Have they paid you all these years ?
2.Can New Jersy laws applicable in India to send a legal notice to me?
I am not a lawyer or one knowledgeable in law. Discuss with a lawyer in India and see whether your employer can do anything to you in India depending on the contract you signed. As for US side, you have nothing to worry.
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
As for US, complaint to DOL. DOL will do the needful without you spending a paisa. For India, discuss with an Indian lawyer.
Pls answer the above 3 questions.
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
I don't know the details about the contract. Just complain to DOL. Your "employer" will be so busy defending themselves, they won't have any time left to come after you.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
Liquidated damages ? Not sure how they have incurred some damages because of you. Since they claim to be your employer , they are supposed to pay you the salary all these years. Have they paid you all these years ?
2.Can New Jersy laws applicable in India to send a legal notice to me?
I am not a lawyer or one knowledgeable in law. Discuss with a lawyer in India and see whether your employer can do anything to you in India depending on the contract you signed. As for US side, you have nothing to worry.
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
As for US, complaint to DOL. DOL will do the needful without you spending a paisa. For India, discuss with an Indian lawyer.
Pls answer the above 3 questions.
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Dhundhun
07-16 04:03 AM
USCIS decided a date Jun 1, 2006 to be current for EB2, so that Visa Numbers are not lost this year. This they decided on the basis of numbers of applications they were able to process by Jul 8, 2008. We all know that I485 Processing Date for NSC was Jul 28, 2007 and TSC was July 17, 2007. These dates were posted on Jun 15 and by July 8, might have moved by a day or two.
Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.
Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.
In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.
Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.
Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.
Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.
Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.
In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.
Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.
Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.
more...
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viveckj99
08-24 03:41 PM
Hi All,
I have one labor subsitution(PD EB3 Dec 2004) done before July 16 from another employer.Now I filed my I 485 with June 2006 PD and approved I-140 under perm with my current employer.Now my question is can I apply I-140 with another employer who has labor PD EB3 Dec 2004 with my pending I-485?
I have one labor subsitution(PD EB3 Dec 2004) done before July 16 from another employer.Now I filed my I 485 with June 2006 PD and approved I-140 under perm with my current employer.Now my question is can I apply I-140 with another employer who has labor PD EB3 Dec 2004 with my pending I-485?
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jcrajput
06-09 04:07 PM
Does anyone knows how is the visa stamping procedure in CANADA? Is it risky?
more...
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saketkapur
07-06 02:50 PM
But I did have a valid H1B stamp in my passport at the time of entry......
You should confirm with your attorney as to if you will be able to maintain H1 status after entering on AP if you do not have a valid stamp...not sure about that......
regards
Saket
You should confirm with your attorney as to if you will be able to maintain H1 status after entering on AP if you do not have a valid stamp...not sure about that......
regards
Saket
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ca_immigrant
03-25 03:41 PM
just voted for the question mentioned above...
"Why can't we move immigration bill faster and provide more green cards to legally working people so that will help housing market as more immigrants can bring more change to economy as many people wait to get green card to buy a home in USA"
VAMSI, CHICAGO - Budget
Though VAMSI seems to have created 3 question on very similar question...we ideally need one great question....Core any suggestions ?
Also,one more note...this question by VAMSI has 91+ve votes and 92-ve votes...
I guess we need way more votes for it to reach Mr President...
Bump this thread folks !!
We can make it !!
Core, would you like to endrose this question or some other question ?
"Why can't we move immigration bill faster and provide more green cards to legally working people so that will help housing market as more immigrants can bring more change to economy as many people wait to get green card to buy a home in USA"
VAMSI, CHICAGO - Budget
Though VAMSI seems to have created 3 question on very similar question...we ideally need one great question....Core any suggestions ?
Also,one more note...this question by VAMSI has 91+ve votes and 92-ve votes...
I guess we need way more votes for it to reach Mr President...
Bump this thread folks !!
We can make it !!
Core, would you like to endrose this question or some other question ?
more...
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va_il
05-16 07:25 PM
Thanks PCS. I am not sure congressman office staff will be familiar with USCIS, 485 and such things. That is why i am wonder whats the best way to approach or phrase my question so that they wont be confused but can get their attention.
I plan to book an appointment and drive there ... i guess i can do that right.
I plan to book an appointment and drive there ... i guess i can do that right.
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Mount Soche
04-07 05:04 PM
I drove to Canada for H1-visa stamp renewal a few weeks ago and was surprised that Canada Immigration did not ask for my I-94 at point of entry.
I asked the immigration officer if they should take my I-94 but they declined saying it wasn't necessary and that I'd get an I-94 when coming back into the U.S, which is exactly what happened so perhaps this is perfectly normal.
I am not worrying about it at all.
Friends I have a Question. I went to my home country couple of months back, but somehow forgot to surender my I-94 at the port of exit. When I came back, at the POE(Newark)I was not asked any questions, and they issued me a new I-94. Yesterday someone told me that this could potentially affect my I-485 adversely OR whenever I travel to my home country again, they might cause problems during my re-entry. Just wanted to know what should be my action plan.
Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).
OR should I just say quiet and forget about this mistake?
Gurus- Please Help
I asked the immigration officer if they should take my I-94 but they declined saying it wasn't necessary and that I'd get an I-94 when coming back into the U.S, which is exactly what happened so perhaps this is perfectly normal.
I am not worrying about it at all.
Friends I have a Question. I went to my home country couple of months back, but somehow forgot to surender my I-94 at the port of exit. When I came back, at the POE(Newark)I was not asked any questions, and they issued me a new I-94. Yesterday someone told me that this could potentially affect my I-485 adversely OR whenever I travel to my home country again, they might cause problems during my re-entry. Just wanted to know what should be my action plan.
Should I correct the records with USCIS, by sending them the I-94(Along with proof that I went to my home country).
OR should I just say quiet and forget about this mistake?
Gurus- Please Help
more...
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satish_hello
07-19 02:24 PM
Hi ,
Even i got this same message on 5/19/2008, please look at my all posting, we have been discussing in seperate thread.
It is Hard LUD.
Please update if you get any info.
Thanks
Even i got this same message on 5/19/2008, please look at my all posting, we have been discussing in seperate thread.
It is Hard LUD.
Please update if you get any info.
Thanks
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baldev.thakur
12-13 11:55 AM
Well in case you are TOO NAIVE let me tell you...
If you divorce in US , you can get an ex-partite judgment in your favor probably because your wife cannot challenge the divorce but When you re marry , you can re marry ONLY in US. The minute you land in India that re-marriage is considered illegal and your relationship with your 2nd spouse in US considered - bigamous. Bi gam y is not allowed in Hinduism .
If you prev wife finds out she can sue you and do many more things in India to make life the hell for you .
Can you post some more specific details abt ur case ?
If you divorce in US , you can get an ex-partite judgment in your favor probably because your wife cannot challenge the divorce but When you re marry , you can re marry ONLY in US. The minute you land in India that re-marriage is considered illegal and your relationship with your 2nd spouse in US considered - bigamous. Bi gam y is not allowed in Hinduism .
If you prev wife finds out she can sue you and do many more things in India to make life the hell for you .
Can you post some more specific details abt ur case ?
more...
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NKR
10-28 02:27 PM
This is the first time I came across.
Yep, when I asked God for GC, he gave me USCIS...
Yep, when I asked God for GC, he gave me USCIS...
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vandanaverdia
09-09 03:13 PM
^^^ bump ^^^
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pappu
05-23 08:27 AM
This question was asked yesterday and I answerd it on another thread. There are several such questions for which USCIS will have to issue a regulation to interpret the law when it passes.
Please do not start new threads for every comment these days. Its tough to manage threads and it gets confusing. lets stick to CIR discussion and action alert threads these days for any comment and discussions we may want to do on CIR.
Thanks
Please do not start new threads for every comment these days. Its tough to manage threads and it gets confusing. lets stick to CIR discussion and action alert threads these days for any comment and discussions we may want to do on CIR.
Thanks
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aachoo
09-17 01:11 AM
When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
The officer made a copy and returned the original to me the second time I travelled. But I had only 2 copies to begin with. Not sure how you have 3. They did'nt even ask me- I guess they are so used to it (I flew in to SFO)
-a
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
The officer made a copy and returned the original to me the second time I travelled. But I had only 2 copies to begin with. Not sure how you have 3. They did'nt even ask me- I guess they are so used to it (I flew in to SFO)
-a
more...
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delhirocks
07-22 02:06 AM
New fee is 1010 (I-485 + FP) + $305 (AP) + $340 (EAD) = $1655
Nope 1010 includes everything...and yes, we do not have a choice. Even if we submit new fees, we will not be entitled to the benefits.
Nope 1010 includes everything...and yes, we do not have a choice. Even if we submit new fees, we will not be entitled to the benefits.
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ivjobs
11-07 10:31 AM
Folks,
A table has been created in the IV Entrepreneurs yahoo group to
facilitate a repository for you to add Help wanted /Offered information.
We all pretty well know that having one's contact information would be
of no use unless we see some beneficial activities. Towards this end
in the Help wanted /offered information table we have created 3
specific fields where you can enter your past/present/future ventures,
your areas of expertise in which you can be help to others and the 3rd
field to enter the areas of help you are looking for.
You dont need to be a master in a domain to be of help. Just a piece
of advise is good enough. Also there is nothing like a silly question
so one can ask for any kind of help.
This obviously helps identify individuals who can be of specific help
in specific areas of interest.
So please go ahead and enter the information that you feel comfortable
entering. There is no compulsion for any one to input the data but we
would strongly encourage to do so just to help each other. After all
that is the purpose of this group.
Here is the link for the IV Startups Help Wanted / Offered
http://finance.groups.yahoo.com/group/ivstartup/database?method=reportRows&tbl=1
To join the IV Startup group, please visit the following site:
http://finance.groups.yahoo.com/group/ivstartup/
IV Startup Group
A table has been created in the IV Entrepreneurs yahoo group to
facilitate a repository for you to add Help wanted /Offered information.
We all pretty well know that having one's contact information would be
of no use unless we see some beneficial activities. Towards this end
in the Help wanted /offered information table we have created 3
specific fields where you can enter your past/present/future ventures,
your areas of expertise in which you can be help to others and the 3rd
field to enter the areas of help you are looking for.
You dont need to be a master in a domain to be of help. Just a piece
of advise is good enough. Also there is nothing like a silly question
so one can ask for any kind of help.
This obviously helps identify individuals who can be of specific help
in specific areas of interest.
So please go ahead and enter the information that you feel comfortable
entering. There is no compulsion for any one to input the data but we
would strongly encourage to do so just to help each other. After all
that is the purpose of this group.
Here is the link for the IV Startups Help Wanted / Offered
http://finance.groups.yahoo.com/group/ivstartup/database?method=reportRows&tbl=1
To join the IV Startup group, please visit the following site:
http://finance.groups.yahoo.com/group/ivstartup/
IV Startup Group
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jayleno
08-21 02:43 PM
I once explored the Indian job market. The sun is really hot!!! Beware of the Surya. :)
... anyone explored Indian job market, if yes then what is hot?
... anyone explored Indian job market, if yes then what is hot?
immi_seeker
09-28 06:41 PM
After looking to so many threads on our forum regarding the receipt notice delay. IV have raised the same questions to USCIS. Today USCIS have come with the answers to your questions. We are told that USCIS has put additional resources to address the receipt notice delays.
Please visit
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D
Travelling without recieveing receipt notice is still an unclear topic. uscis has given a vague answer on that
Please visit
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=82b06a9fec745110VgnVCM1000004718190aRCR D
Travelling without recieveing receipt notice is still an unclear topic. uscis has given a vague answer on that
Green.Tech
06-10 11:48 PM
But don't lose heart. There are many, if not all, who are with you in this initiative.
I agree and kindly request again to those folks who are with us in this initiative, and for those who are on the fence, please come forward and participate in IV's campaigns.
I agree and kindly request again to those folks who are with us in this initiative, and for those who are on the fence, please come forward and participate in IV's campaigns.
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