raj2007
06-28 01:20 PM
Why do you think it is good news? Same Senators will be there in the Senate. Do you think they will accept skil? Not only skil any major immigration bill like AGRI, DREAM act will be stalled till next election.
It seems all immigration bill are dead till nov. 2008. I donot see any bill will pass in this Senate.
It seems all immigration bill are dead till nov. 2008. I donot see any bill will pass in this Senate.
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waitnwatch
07-06 11:31 AM
Thanks for your answers. I will consult a lawyer but I have to find one in the first place as I did a self filing.
My PD is current as my I-140 was filed under EB1. My I-485 was received at NSC on July 30, 2007.
Any other suggestions are most welcome.
My PD is current as my I-140 was filed under EB1. My I-485 was received at NSC on July 30, 2007.
Any other suggestions are most welcome.
itstimenow
08-07 11:06 PM
If all the documents are submitted - court related -- in that case are we good to go?
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cdeneo
01-11 04:39 AM
Thanks so much for your feedback on this query - this is really helpful.
I am a resident of Washington state and would really appreciate any additional information you can share with me regarding eligibility and application for UC benefits here (documentation required (A# required?), other application requirements to be aware of, etc). My I-140 is approved and I-485 has been pending for more than 180 days and I am currently working on my EAD.
Thanks again for your help with this query, I look forward to hearing from you.
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
I am a resident of Washington state and would really appreciate any additional information you can share with me regarding eligibility and application for UC benefits here (documentation required (A# required?), other application requirements to be aware of, etc). My I-140 is approved and I-485 has been pending for more than 180 days and I am currently working on my EAD.
Thanks again for your help with this query, I look forward to hearing from you.
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
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pd052009
09-13 02:55 PM
I think your postings in EB3-EB2 discussions made you infamous.
samcam
05-19 12:03 PM
we have 99 guests.. please register and contribute.. help yourself by helping IV...
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chanduv23
01-10 09:13 AM
We need every member in the tri state area to attend this. Please show your support
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gckalafda
03-20 11:28 AM
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
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adhantari
08-12 07:33 AM
with your efforts. I hope you don't get banned...
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tpcool
05-31 10:21 PM
Thanks, this helps.
It would be helpful to know if anyone did this transition with the I-140 approval. Let us see if we get some more responses on this.
It would be helpful to know if anyone did this transition with the I-140 approval. Let us see if we get some more responses on this.
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Steve Mitchell
March 20th, 2004, 02:40 PM
Had to crop this one a bit...here's the reaction after hitting the game winning shot shot with 1.7 seconds left to give the Kings the victory.
http://www.dphoto.us/forumphotos/data/543/1victory.jpg
http://www.dphoto.us/forumphotos/data/543/1victory.jpg
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jkays94
05-17 07:33 PM
My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.
The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Did you appeal your case to the Board of Immigration Appeals ? Have you sought the intervention of congressional offices ? Congressional offices can ask questions and get answers which you otherwise would never get. What status did you file under ? EB category ? etc
Judges in the US do not discriminate on national origin or immigration status. There have been cases where legal and illegal immigrants convicted of crimes have sued the US and won key phases of their cases even when the cases were appealed. Examples of such are Jogi v. Voges and :
In two recent decisions, the Fourth Circuit reversed lower court rulings that had dismissed law suits filed by two Colombian nationals under the Alien Tort Statute. Both lawsuits sought $2 million in damages on the grounds that the arresting authorities had failed to advise them of their right to consular notification and communication.
While this were not immigration cases, the following case might even demonstrate that Judges are there to uphold the law without fear or favor. In this particular case, a court ordered a US consulate to adjudicate a visa application in 60 days when the applicants had been kept waiting for over 4 years. Mind you the individual was outside the US and still sued and won :
Mandamus Granted Against U.S. Embassy in Moscow in 4-Year Wait for Visa (http://www.aila.org/content/default.aspx?docid=16767)
A District Court in California grants mandamus against the U.S. Embassy in Moscow in an immigrant visa case, finding that 4 years is an unreasonable time for an application to be pending and that a U.S. petitioner has standing to bring a mandamus action against an overseas consulate in a visa application case. Courtesy of Kenneth White.
Finally, I am not an attorney, but I strong suggest pursuing the congressional office route, if need be, use both your congressman(woman) and senator's office to get to the bottom of what appears to be an obvious error. You might want to schedule a meeting with them rather than discuss the issue over the phone and provide all copies of correspondence.
The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Did you appeal your case to the Board of Immigration Appeals ? Have you sought the intervention of congressional offices ? Congressional offices can ask questions and get answers which you otherwise would never get. What status did you file under ? EB category ? etc
Judges in the US do not discriminate on national origin or immigration status. There have been cases where legal and illegal immigrants convicted of crimes have sued the US and won key phases of their cases even when the cases were appealed. Examples of such are Jogi v. Voges and :
In two recent decisions, the Fourth Circuit reversed lower court rulings that had dismissed law suits filed by two Colombian nationals under the Alien Tort Statute. Both lawsuits sought $2 million in damages on the grounds that the arresting authorities had failed to advise them of their right to consular notification and communication.
While this were not immigration cases, the following case might even demonstrate that Judges are there to uphold the law without fear or favor. In this particular case, a court ordered a US consulate to adjudicate a visa application in 60 days when the applicants had been kept waiting for over 4 years. Mind you the individual was outside the US and still sued and won :
Mandamus Granted Against U.S. Embassy in Moscow in 4-Year Wait for Visa (http://www.aila.org/content/default.aspx?docid=16767)
A District Court in California grants mandamus against the U.S. Embassy in Moscow in an immigrant visa case, finding that 4 years is an unreasonable time for an application to be pending and that a U.S. petitioner has standing to bring a mandamus action against an overseas consulate in a visa application case. Courtesy of Kenneth White.
Finally, I am not an attorney, but I strong suggest pursuing the congressional office route, if need be, use both your congressman(woman) and senator's office to get to the bottom of what appears to be an obvious error. You might want to schedule a meeting with them rather than discuss the issue over the phone and provide all copies of correspondence.
more...
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cbpds
11-12 05:31 PM
why do we even need a bulletin in this case? sheer waste of time for even the folks publishing it,
waste of gov resources, IT guy has to update, gov employee has to check, someone has to send out the release.
Seems to me like its been decided by BO or HC .......go home everyone.
Also says no change expected in the coming months.
See bottom of the bulletin.
:(
:mad:
F. VISA AVAILABILITY IN THE COMING MONTHS
Employment-based: At this time it is unlikely that there will be any cut-off dates in the Employment First preference during the coming months. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates continue to apply to the China and India Second preference categories due to heavy demand.
Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:
Employment Second:
China: none to two weeks
India: no movement
Employment Third:
Worldwide: three to six weeks
China: one to three weeks
India: none to two week
waste of gov resources, IT guy has to update, gov employee has to check, someone has to send out the release.
Seems to me like its been decided by BO or HC .......go home everyone.
Also says no change expected in the coming months.
See bottom of the bulletin.
:(
:mad:
F. VISA AVAILABILITY IN THE COMING MONTHS
Employment-based: At this time it is unlikely that there will be any cut-off dates in the Employment First preference during the coming months. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates continue to apply to the China and India Second preference categories due to heavy demand.
Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:
Employment Second:
China: none to two weeks
India: no movement
Employment Third:
Worldwide: three to six weeks
China: one to three weeks
India: none to two week
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braindrain
06-03 12:19 PM
My H1 B Visa and my wife's H4 is being transfered to a new employer. We filed under premium processing last friday (30th May). We have a family emergency and my question is whether my wife can travel to India before our applications are approved. I will remain in the country. Only she will be travelling. Your inputs will be much appreciated in this trying time.
I believe your wife can travel. I was in a similar situation couple of years back where We had to travel while the transfer was pending and when contacted the attorney, they did not raise any issues.
Luckily, we got our approvals before we actually left and was not a issue. Again, it was more than 2 Yrs back, so pls do consult attorney.
I believe your wife can travel. I was in a similar situation couple of years back where We had to travel while the transfer was pending and when contacted the attorney, they did not raise any issues.
Luckily, we got our approvals before we actually left and was not a issue. Again, it was more than 2 Yrs back, so pls do consult attorney.
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pappu
08-04 02:42 PM
Green..
May be you are joking or you didnt get my point.. I was wondering if there are any people who support these DOL sw/hw Systems are struck in Labor as well.
yes it will be funny if any of Exceed employee working in backlog center is also affcted by backlog of his labor application there.
May be you are joking or you didnt get my point.. I was wondering if there are any people who support these DOL sw/hw Systems are struck in Labor as well.
yes it will be funny if any of Exceed employee working in backlog center is also affcted by backlog of his labor application there.
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manohar77
07-23 12:14 PM
R Pitcher
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casinoroyale
10-02 10:11 AM
Understood.
burden is not on you, but if your PD is current, your FPs are expired, then they are not gonna approve GC without having new FPs. And if they are not sending the FP notice, wouldn't you take effort to do something about it?
burden is not on you, but if your PD is current, your FPs are expired, then they are not gonna approve GC without having new FPs. And if they are not sending the FP notice, wouldn't you take effort to do something about it?
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jliechty
May 24th, 2005, 10:00 PM
It's hard to explain, but the first two don't really do anything for me. The third one is certainly a step in the right direction (totally fugly JPEG artifacts ignored), and I think that with a bit of post processing you could really take it in some interesting directions. My eye only notices the deer after a little while; if you wanted to focus more on the deer, you could use a masked adjustment layer to subtly (the key word is subtly - very subtly) darken everything but the animal, and another adjustment layer to add a tiny bit of contrast only to the deer. Of course, QJ will come up with many other and more creative things to try, but that's off the top of my head a few ideas to start with. :)
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ivar
04-09 05:44 PM
Good luck, atleast you are in EB2
Thanks gcseeker.
I am extremely happy that i am in EB2 :D . I filled one PERM in Mar 06 that was in EB2 and i also filed one in JUN 07 that was also in EB2 and now one more in EB2. :D :D :D (moral of the story, EB2 or EB3 or EB1 doesn't matter, what matters is destiny, if you are destined to get GC you will get it else no matter how much you apply you will always be in Queue)
Thanks for your wishes, lets see how many PERMs i am going to apply before i complete my 6 years on H1b.
Thanks gcseeker.
I am extremely happy that i am in EB2 :D . I filled one PERM in Mar 06 that was in EB2 and i also filed one in JUN 07 that was also in EB2 and now one more in EB2. :D :D :D (moral of the story, EB2 or EB3 or EB1 doesn't matter, what matters is destiny, if you are destined to get GC you will get it else no matter how much you apply you will always be in Queue)
Thanks for your wishes, lets see how many PERMs i am going to apply before i complete my 6 years on H1b.
pcs
12-30 09:18 AM
Applicable to all retrogessed guys...
Case deatils :
Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression
Next step H1-B transferred to new employer & redo Labor & I-140.
Question :
Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485
Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????
Please share your info as the attorneys are nuts..
Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??
Please provide with the link
CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???
Case deatils :
Approved I-140 & H1-B extended for 3 years beyond 6 years because of approved I-140. Can NOT file I-485 because of retrogression
Next step H1-B transferred to new employer & redo Labor & I-140.
Question :
Can you file I-485 for both employers at the same time ???? & choose whichever comes first. Will there be any complicated issue if you filed I-485 with the 2nd employer after 1st employer has filed I-485
Bottom line ... How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ????
Please share your info as the attorneys are nuts..
Has this issues beeb discussed in detail at any other place like WWW.immigration - law.com ??
Please provide with the link
CORE TEAM : Can this issue be discussed with the Attorneys in upcoming conference ???
neeidd
11-09 06:06 PM
Hi ,
I am planning to use AP for re-enter to USA. Could someone please let me know the list the documents that I should carry ?
Thanks
I am planning to use AP for re-enter to USA. Could someone please let me know the list the documents that I should carry ?
Thanks
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