Pagal
02-24 08:48 PM
Hello,
In all the stories of INS, USCIS, DHS that I've read here, the lack of visibility, customer service and accountability seem to be the common theme.
However, I was pleasantly surprized by a call from IO a few weeks back in local office asking me for extra documents (Current employment letter as the original one was from 2007, 2007 tax returns and 2007/08 W-2).
He told me that though he had sent a letter, the letter would take a few days to reach and hence he wanted to call me up. He also told me that as my original fingerprints are expiring on 26th Feb, I should send the response as soon as possible to enable him to process the application.
Though I still don't have any extra hope that the application will be processed soon, it was nice to see a change in USCIS approach.
Hope this was not an exception to rule and we see more such behavior from USCIS that helps in clearing us from this awkward limbo situation.
In all the stories of INS, USCIS, DHS that I've read here, the lack of visibility, customer service and accountability seem to be the common theme.
However, I was pleasantly surprized by a call from IO a few weeks back in local office asking me for extra documents (Current employment letter as the original one was from 2007, 2007 tax returns and 2007/08 W-2).
He told me that though he had sent a letter, the letter would take a few days to reach and hence he wanted to call me up. He also told me that as my original fingerprints are expiring on 26th Feb, I should send the response as soon as possible to enable him to process the application.
Though I still don't have any extra hope that the application will be processed soon, it was nice to see a change in USCIS approach.
Hope this was not an exception to rule and we see more such behavior from USCIS that helps in clearing us from this awkward limbo situation.
wallpaper 1970 Ford Mustang BOSS 302
vactorboy29
08-18 02:29 PM
How about this education for EB2
10th + 3 year Polytechnic (Electronics) + 3 years B.E (Computer Science & Engineering) Degree = 16 years of education
+
8 Years IT Experiance
I have same education only difference is Mechanical engineering.My 140 was approved in EB2.
10th + 3 year Polytechnic (Electronics) + 3 years B.E (Computer Science & Engineering) Degree = 16 years of education
+
8 Years IT Experiance
I have same education only difference is Mechanical engineering.My 140 was approved in EB2.
gc_chahiye
12-09 04:02 PM
... Was your MS Certification in your country of birth or in USA? And if it is not in uSA did you get it evaluated in USA and have submitted evaluation cert copy along with your application?
all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.
See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.
Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.
all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.
See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.
Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.
2011 2012 Ford Mustang Boss 302 5.0
inspectorfox
10-16 11:39 AM
Hi ,
I received RFE on my I-131 application asking for all the I-94's that is being issued to me.
I had been in and out of US many times and there's lot if I-94's involved and I don't anything with me except the latest. What options do I have?... Also couple of times during my earlier trip (initial visits in US), the AIR Line didn't even take the I-94 from my Passport which ultimately I lost.
My Passport has all the entries indicating my Date in and Date out...
Gurus - What do you advise on my case...
Anybody's input are highly appreciated and I know we could somehow get the I-94 copies by requesting USCIS. (That is time consuming)... I have to respond in next five to ten days...
What options do I have?...
Thanks.
Send them copies of all the I-94s you have along with a letter stating entry exit from US. Include airline tickets if you still have them.
I received RFE on my I-131 application asking for all the I-94's that is being issued to me.
I had been in and out of US many times and there's lot if I-94's involved and I don't anything with me except the latest. What options do I have?... Also couple of times during my earlier trip (initial visits in US), the AIR Line didn't even take the I-94 from my Passport which ultimately I lost.
My Passport has all the entries indicating my Date in and Date out...
Gurus - What do you advise on my case...
Anybody's input are highly appreciated and I know we could somehow get the I-94 copies by requesting USCIS. (That is time consuming)... I have to respond in next five to ten days...
What options do I have?...
Thanks.
Send them copies of all the I-94s you have along with a letter stating entry exit from US. Include airline tickets if you still have them.
more...
zCool
04-10 08:26 AM
There are 2 separate issues here..
1. Do you HAVE OR NOT a job with this middle vendor, from your description below seems like your prior employer waived Non-Compete part of your employment agreement to you and you just quit that position?
2. Technically you are still on the payroll of your employer?? He's sorta right, if you are on OPT, he's not legally bound to inform INS of the termination, and terminating employment does not negate the 12 mo. non-compete you signed on.
I agree with other commentors here, you should move on. In your case, moving on would need,
1. Make sure you got paid for actual time you were on the contract.
2. If you haven't already DO NOT QUIT THE JOB under threat of law-suit. In fact Non-Compete viability depends on state of employment. In CA it's impossible to enforce. Even if he sues, there better than 50/50 chance you will win due to "undue duress" clause that negates it.
3. Threaten him that you will go after him and his H1bs. Get a lawyer (spend 500$) and send him official letter. Since you are in CA and he's in NJ, even more troublesome for him is to attend small claims court dates.. go to local court and ask for jurisdiction there.. make sure to include name of OWNER in the law-suit,
Basiically don't be scared, don't get mad, get even..
Hello Everyone,
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008
to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
1. Do you HAVE OR NOT a job with this middle vendor, from your description below seems like your prior employer waived Non-Compete part of your employment agreement to you and you just quit that position?
2. Technically you are still on the payroll of your employer?? He's sorta right, if you are on OPT, he's not legally bound to inform INS of the termination, and terminating employment does not negate the 12 mo. non-compete you signed on.
I agree with other commentors here, you should move on. In your case, moving on would need,
1. Make sure you got paid for actual time you were on the contract.
2. If you haven't already DO NOT QUIT THE JOB under threat of law-suit. In fact Non-Compete viability depends on state of employment. In CA it's impossible to enforce. Even if he sues, there better than 50/50 chance you will win due to "undue duress" clause that negates it.
3. Threaten him that you will go after him and his H1bs. Get a lawyer (spend 500$) and send him official letter. Since you are in CA and he's in NJ, even more troublesome for him is to attend small claims court dates.. go to local court and ask for jurisdiction there.. make sure to include name of OWNER in the law-suit,
Basiically don't be scared, don't get mad, get even..
Hello Everyone,
Hi I am a student in United States and I was on Optional Practical Training from Jan 2008
to Dec 2008. As I finished my OPT in Dec 2008 I joined again in New course for M.S in soft. Eng.
In the month of November I got a job in California through an employer, who is based in New Jersey. As I got a job the employer asked me to sign a contract which states that I will be paid 60,000 per year and I shouldn't work with his clients for 1 year after the agreement is terminated.
As the project was only for 40 days I finished it successfully and I my employer couldnt find me another job till now. So I decided to work on my own when I got an opportunity with the previously worked vendor, when my employer came to know about this he has threatened me to sue me. Then I retrieved from the opportunity but now even my employer doesnt pay me anything. It is been 4 months, he hasn't paid me anything , even he hasnt provided me any insurance.
I asked my employer couple of times to terminate my agreement otherwise I would go to Department of Labor and claim my wages but he downplays that by saying I am not on H1B so I will not be paid unless I am working with Client. But the agreement didn't say anything like that.
I have even asked him to run the payroll where I worked .I.e in California but he ran it in New Jersey. When I pointed this to him he said the payroll will be run at the residing state if the employee works more than 6 months.
We had an argument about this but he never replies to my emails he only calls me and says whatever he wants to say but when I ask him to put whatever he has said to me on phone in an email he doesnt reply at all.
And to mention, he doesnt have any documents of mine. I even didnt fill any I9 form, what ever he has is the only agreement that I signed and social security number that I emailed him to run my pay roll.
After the argument I even requested him to send my original agreement signed by two parties. I only had the agreement signed by me, he even didnt send me the agreement with his sign on it even after repeated requests.
Now he doesnt even care to answer my calls or emails. I am really tensed. I am getting opportunities from vendor that I worked with but I am afraid he would sue me. Please help me What to do. I am really really frustrated, tensed and I can't express how I feel right now.
I want to get out of the contract and work with the vendor if Possible.
Please explain me how can I tackle this problem?
I would be really very very thankful to you.
Thanks,
Uday
lazycis
12-18 12:45 PM
What if the job i'm moving to after 180 days is hiring me permanently now itself? Do they still have to specify (in EVL for AC21) that they will hire me perm only upon getting GC?
Just specify that they intend to employ you on a permanent basis. It does not really matter whether it happens before or after you get your GC.
Just specify that they intend to employ you on a permanent basis. It does not really matter whether it happens before or after you get your GC.
more...
rc0878
09-18 03:53 PM
I read in one of the posts in here that for case being sent to California, the EAD and AP are being cleared much faster than other service centers...
Does anyone has any idea about this?????
Does anyone has any idea about this?????
2010 Can a 69 Coupe be a Boss 302,
sss123
10-18 01:31 PM
Hi sbind
how to get Permanent Resident stamp on my passport. is it though INFOPASS . can you please give some details which option to select 1 or 2? and when we will approximately get info pass appoint ment if we book today?
Option 1)You need Service on a case that has already been filed
Option2 )You are a new Permanent Resident and have not yet received your Permanent Resident Card
and asso what are the documents they will ask at the time of infopass.
Thanks
sss
how to get Permanent Resident stamp on my passport. is it though INFOPASS . can you please give some details which option to select 1 or 2? and when we will approximately get info pass appoint ment if we book today?
Option 1)You need Service on a case that has already been filed
Option2 )You are a new Permanent Resident and have not yet received your Permanent Resident Card
and asso what are the documents they will ask at the time of infopass.
Thanks
sss
more...
sandy_anand
11-12 02:33 PM
I know Immigration voice is not for profit organization and it is doing a great job.
My intention is not to belittle IV, my intention is just to express my opinion as a user, most of the problem will be solved if the links are not shown to non members if they are not allowed to see the content.
I just saw your post in YouTube, it is very informative.
All the time that IV volunteers put in and the lobbying efforts don't come free. There is a cost associated with it. As tonyHK12, I'd rather trust IV and risk $25 a month than leave everything up to chance and hope. Just my 2 cents.
My intention is not to belittle IV, my intention is just to express my opinion as a user, most of the problem will be solved if the links are not shown to non members if they are not allowed to see the content.
I just saw your post in YouTube, it is very informative.
All the time that IV volunteers put in and the lobbying efforts don't come free. There is a cost associated with it. As tonyHK12, I'd rather trust IV and risk $25 a month than leave everything up to chance and hope. Just my 2 cents.
hair 1969 Ford - Mustang Boss 302
Dj-Studios
05-15 04:19 PM
Anybody?
more...
singhsa3
01-10 08:36 PM
Labor substitution case..eh..
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
hot 2012 Ford Mustang Boss 302
needGCcool
08-28 10:47 AM
Guys pls stop taking useless info pass appointments. People like me who have not received EAD and may loose the job are not able to get infopass appointments because of all the people taking appt to know the 485 status. Pls understand......
I do not know when you started the process of renewal, but you could have filled 4 months ago. Then, secondly, if you are so eager go and take an appt in another city. Just an option...Everyone has the right to do whatever they choose...
I do not know when you started the process of renewal, but you could have filled 4 months ago. Then, secondly, if you are so eager go and take an appt in another city. Just an option...Everyone has the right to do whatever they choose...
more...
house Boss 302 Mustang
gc_maine2
05-24 01:06 PM
Sent the Webfax. Thanks to the IV team.
tattoo ford mustang boss 302,
vnsriv
09-26 02:12 PM
Guys and gals,
My AP application entered in the system on Sep 13th at NSC - what is the likely approval time these days for AP.
I have vacation plans but i've very slim H-time left and that too not stamped (its a extension) so i have to have the AP at hand before leaving. I can't book tickets because i dont know if AP wil at all come before my Journey date.
Any advise or experience sharing would be a big help. Is there any way i can rush/expedite my AP application from NSC ?
Thank you so much,
Diptam
Check my signature. The AP approval time is approx 3 months to my best knowledge
My AP application entered in the system on Sep 13th at NSC - what is the likely approval time these days for AP.
I have vacation plans but i've very slim H-time left and that too not stamped (its a extension) so i have to have the AP at hand before leaving. I can't book tickets because i dont know if AP wil at all come before my Journey date.
Any advise or experience sharing would be a big help. Is there any way i can rush/expedite my AP application from NSC ?
Thank you so much,
Diptam
Check my signature. The AP approval time is approx 3 months to my best knowledge
more...
pictures 1970 Ford Mustang BOSS 302 And
alien007
04-11 04:11 PM
thanks bugsbunny!
dresses 1969 Ford Mustang Boss 302
answers_seeker
09-17 01:09 PM
TV25,
1) You were in H4 at first when U came to this country.
2) Then you were sponsored(H1) by some company.
3) you worked for 3 months.
4) went overseas to get stamped(visa) for H1. But they put you on hold for administrative process.
5) You decided to return with H4 visa that was valid at that time. (although technically you are not supposed to enter using H4 since you already started working on H1)
6) You came back to US on H4.
7) Get a letter from USCIS that h1 is denied.
What surprised me the whole time was, why did the consulate not cancel the existing H4 visa, since your status already changed?
That's the first thing they do, when you go for visa stamping...they cancel without prejudice, and issue a new visa....even if its going thru a administrative process, they would still cancel it, cause the assumption is you are going to get the new visa once the process is complete.
See that's what I exactly said in my last post. The COS that is obtained in the US is a "privelege" it is by no means supposed to over ride what the consulate decides in terms of the visa stamp. That is exactly the reason some of the applications get a H1 approval without the I-94. This is done because they are in no position to verify a lot of things that the consulate can verify. If you have a valid H4 stamp and you want to get back into H4 status instead of applying for another COS, you can go out of the country and enter using H4 and your status will change to H4.
Anyway, like I said in our case I asked the IO behind the counter in vancouver if she can use H4 to enter the US his response was "It depends on the officer at the POE ". Guys I spent a good two days researching this topic while we were stuck in vancouver. Basically you can come back but your status is reverted back to H4. You are not supposed to work once you are in the US. In our case we immediately applied for another COS prem processing within the US and it got approved. My wife again changed jobs last year on H1 and that got approved too.
In this case, the misrepresentation of facts in her H1 app is something the poster might want to get clarified. She should be fine.
1) You were in H4 at first when U came to this country.
2) Then you were sponsored(H1) by some company.
3) you worked for 3 months.
4) went overseas to get stamped(visa) for H1. But they put you on hold for administrative process.
5) You decided to return with H4 visa that was valid at that time. (although technically you are not supposed to enter using H4 since you already started working on H1)
6) You came back to US on H4.
7) Get a letter from USCIS that h1 is denied.
What surprised me the whole time was, why did the consulate not cancel the existing H4 visa, since your status already changed?
That's the first thing they do, when you go for visa stamping...they cancel without prejudice, and issue a new visa....even if its going thru a administrative process, they would still cancel it, cause the assumption is you are going to get the new visa once the process is complete.
See that's what I exactly said in my last post. The COS that is obtained in the US is a "privelege" it is by no means supposed to over ride what the consulate decides in terms of the visa stamp. That is exactly the reason some of the applications get a H1 approval without the I-94. This is done because they are in no position to verify a lot of things that the consulate can verify. If you have a valid H4 stamp and you want to get back into H4 status instead of applying for another COS, you can go out of the country and enter using H4 and your status will change to H4.
Anyway, like I said in our case I asked the IO behind the counter in vancouver if she can use H4 to enter the US his response was "It depends on the officer at the POE ". Guys I spent a good two days researching this topic while we were stuck in vancouver. Basically you can come back but your status is reverted back to H4. You are not supposed to work once you are in the US. In our case we immediately applied for another COS prem processing within the US and it got approved. My wife again changed jobs last year on H1 and that got approved too.
In this case, the misrepresentation of facts in her H1 app is something the poster might want to get clarified. She should be fine.
more...
makeup 1970 Ford Mustang Boss
amitjoey
05-09 02:32 PM
Does any one know how mant days it takes to get denail notive .I-140 denied on April 22 and says notice mailed but didnt recieve yet .Both emploter and attorney havent recieved any thing yet .Is this Normal ?
Talash, this is not normal. Your notice could have been lost in the mail. Ask your attorney to contact USCIS and explain. Also employers can request a courtesy copy. So also ask your employer to request one. USCIS will not entertain any request from you, since I140 is a employer filed petition.
Talash, this is not normal. Your notice could have been lost in the mail. Ask your attorney to contact USCIS and explain. Also employers can request a courtesy copy. So also ask your employer to request one. USCIS will not entertain any request from you, since I140 is a employer filed petition.
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willgetgc2005
02-08 08:21 PM
rimzhim,
Dont you get it. berkleybee was a great asset to IV as a core team. Atleast I felt so. Her/his analysis and post on IV were great. All of a sudden BB disappeared from IV.
So I figured BB and IV did not fell out. I for one have great regard for BB and will any day trust his/her analysis.
IMHO IV would have been much stronger with Raz4u , BB etc.
They just vanished.
I am surprised to learn that she is a member of IV. why would she post on another forum?
Also, UNations: thanks for your realism. No offence to this lady or to UNations.
it is just that berkeleybee's post is scary.
Dont you get it. berkleybee was a great asset to IV as a core team. Atleast I felt so. Her/his analysis and post on IV were great. All of a sudden BB disappeared from IV.
So I figured BB and IV did not fell out. I for one have great regard for BB and will any day trust his/her analysis.
IMHO IV would have been much stronger with Raz4u , BB etc.
They just vanished.
I am surprised to learn that she is a member of IV. why would she post on another forum?
Also, UNations: thanks for your realism. No offence to this lady or to UNations.
it is just that berkeleybee's post is scary.
hairstyles 1970 Ford Mustang Boss 302
vnsriv
11-19 12:51 PM
Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
Congrats ! Party time !
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
Congrats ! Party time !
sandiboy
07-11 08:23 PM
Thombi... You have some very good point... It will definitely be another lawsuit in the making
tdasara
05-01 01:01 PM
It took me 6 months to get an appointment to change my drivers license in MD. I was the only guy in the queue for foreign applicants who spoke English and had all the required documents!!!
