clear485
08-18 01:21 PM
What are reasons .. as to why it cant be solved by lawsuit ?? Are u afraid that they might stop processing any I-485 applications for EB2-I until the lawsuit gets resolved ??
I'm ready to join in the law suit....
I'm ready to join in the law suit....
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Sachin_Stock
09-25 12:34 PM
Here's what the law says:
8 CFR 204.5(e) relating to PD transfer between eb categories
(e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
I hope that clears the air.
8 CFR 204.5(e) relating to PD transfer between eb categories
(e) Retention of section 203(b) (1), (2), or (3) priority date. A petition approved on behalf of an alien under sections 203(b) (1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b) (1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
I hope that clears the air.
sb15
08-25 10:33 AM
When i initially got RFE, i didn't know at that time that there were already few H1-B's denied from my company. I believe last year when CSC started processing H1-B's they issued RFE's to lot of companies. Most of them got through even though they had few issues but unfortunately my ex-employer got caught and they have denied majority of extensions and new petitions with the reasons i have mentioned before. Till that time, i didn't had much knowledge about the process. I thought i was safe coz my W-2's were almost double the amount that stated on the labor and i was employed, i have provided all the client details, PO and everything. Inspite of that, my extension was denied. Coming to your questions, i have moved out of the company after 6 months of my 485 filing. I haven't filed any H1-B, No AC21(just change of attorney) and i also have an another 140 pending with my new employer and i don't think that 140 is going to work coz there are lot of complexities. Talk to your employer about this. Are you the only person in this situation or anyone else with you in your company. Are there any other petitions that are recently being approved or denied? He is the right person who can tell you about your petition. If you think your employer is not that good by sticking with all the rules,you still have time to move to another company. Even if your petition gets denied, if you want to maintain H1-B status, you can still do that, but there is little bit of extra money involved to get back on to it.
There is nothing to be nervous about this coz there is very little that you can do about this. Majority of the companies got this RFE and lot of them got out of it. Looks like you have a good relation with your company ( 5 years is a good amount of time ). Please talk to them and make a decision based on what they have to say..Hope everything goes well .. never know u could be green before your extension decision is made..Good luck..
Thanks sankar_203.....I would like to talk to you more on this...do you mind giving contact number ?
Thanks for the response, I really appreciate it...
s
There is nothing to be nervous about this coz there is very little that you can do about this. Majority of the companies got this RFE and lot of them got out of it. Looks like you have a good relation with your company ( 5 years is a good amount of time ). Please talk to them and make a decision based on what they have to say..Hope everything goes well .. never know u could be green before your extension decision is made..Good luck..
Thanks sankar_203.....I would like to talk to you more on this...do you mind giving contact number ?
Thanks for the response, I really appreciate it...
s
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delhirocks
07-04 11:29 PM
Hey thx man...I had no idea about this. I will search for the post and read up on it.
Is this something that will be impacted by the Jul17th: no Labor substitution rule or are they completely different..
To be more accurate, it is not porting I-140, it is retaining your old priority date, and using it with your new I-140 petition.
When you move, your new company will have to start the GC process from the begining - Labor, I-140. It is just that when they file your new I-140, you will have to provide a copy of your old one and request to keep the old priority date.
I think there are some requirements to get this right - one of them being your job classification should be the same. There is a thread on this subject somewhere on this forum, you can dig it out and ask questions there.
Is this something that will be impacted by the Jul17th: no Labor substitution rule or are they completely different..
To be more accurate, it is not porting I-140, it is retaining your old priority date, and using it with your new I-140 petition.
When you move, your new company will have to start the GC process from the begining - Labor, I-140. It is just that when they file your new I-140, you will have to provide a copy of your old one and request to keep the old priority date.
I think there are some requirements to get this right - one of them being your job classification should be the same. There is a thread on this subject somewhere on this forum, you can dig it out and ask questions there.
more...
gccovet
02-10 02:25 PM
With sujijag's 50, needhelp!'s 25, and gccovet 25.00
we are at $1144.00
Bring it on!!! keep on going.
GCCovet.
we are at $1144.00
Bring it on!!! keep on going.
GCCovet.
TheOmbudsman
10-30 11:48 AM
Raj3078,
Thanks for posting. Based on your posts, it seems that you are frustrated and angry. That is understandable. This situation is very stressful. Relax.
I will give you a sincere and useful suggestion, that hopefully will be valid to others as well. Please refrain from pulling the race card on people talking about immigration. That makes you look emotional, character assassin and worse, that can make people perceive you as a racist yourself. That is the failed tactics used by illegal aliens and uneducated people when confronted with the reality that their attitude and posture is irrational. As far as I can tell, NumbersUSA objects against Irish people who came here illegally. Therefore I do not see any correlation between racial profiling there as you seem to persist. I am not here to defend NumbersUSA or Lou Dobbs. I am just here to remind you that if we continue following the rationale "us vs them" and doing character assassination, we will undeniably face rough opposition and struggle to get what we deserve.
Thank you,
The Ombudsman
"Your dose of daily reality"
You guys are making me sick and making me think that you are lobbying for numbersusa and alikes.....
Senthil1 -
Are you working for numbersusa? Do you know that it is made by white supremist who dont want any colored skin including native americans to be alive in US? Talk about your scare of getting too many people with substandard MS degrees. Do you not realize that the companies in USA knows a different in good US school and Bad one - So in nutshell the people from bad school wont get job? Do you know that there is nature's rule - Fittest Survival... So in case you are fit enough and qualified enough to get a job then you will get one, it does not matter if you are from good or bad school....
Also, looking at your thoughts, it does not appear that you are MIT or Stanford grade material, so do us all a favor and keep your thoughts to yourself....
Ombudsman - There is a questionmark on Senthil1's origination but we have no such doubt about yours.. You are definitely a MOLE in this IV Organization and the only reason they keep you on board is because this is democracy and we dont want to throw out someone who might disagree - Its about freedom of expression - But when Freedom of expression crosses the line and creates poison pill then we need to weed it out I guess.....
In any case, I would definitely like to challenge your argument about 400 anti: 1 pro immigration calls. Are you aware of Avertising world rule that when someone does not like soemthing, they tend to tell at least 25 people about it, while when someone likes something, they might tell 1 person. In this case, this classic rule has applied beyond expectations because people who are calling are already racist who sit on their ass and expect all colored people to be their slaves and get things done for them. They want their mexican maid or indian computer programmer doing things for them but the moment they realize that these foreigners might get citizenship and be equal to them, they dont like that.... (and so do you)....So there you go....No wonder they pick up phone and dial....In any case, what better can they do?
[/QUOTE]
Thanks for posting. Based on your posts, it seems that you are frustrated and angry. That is understandable. This situation is very stressful. Relax.
I will give you a sincere and useful suggestion, that hopefully will be valid to others as well. Please refrain from pulling the race card on people talking about immigration. That makes you look emotional, character assassin and worse, that can make people perceive you as a racist yourself. That is the failed tactics used by illegal aliens and uneducated people when confronted with the reality that their attitude and posture is irrational. As far as I can tell, NumbersUSA objects against Irish people who came here illegally. Therefore I do not see any correlation between racial profiling there as you seem to persist. I am not here to defend NumbersUSA or Lou Dobbs. I am just here to remind you that if we continue following the rationale "us vs them" and doing character assassination, we will undeniably face rough opposition and struggle to get what we deserve.
Thank you,
The Ombudsman
"Your dose of daily reality"
You guys are making me sick and making me think that you are lobbying for numbersusa and alikes.....
Senthil1 -
Are you working for numbersusa? Do you know that it is made by white supremist who dont want any colored skin including native americans to be alive in US? Talk about your scare of getting too many people with substandard MS degrees. Do you not realize that the companies in USA knows a different in good US school and Bad one - So in nutshell the people from bad school wont get job? Do you know that there is nature's rule - Fittest Survival... So in case you are fit enough and qualified enough to get a job then you will get one, it does not matter if you are from good or bad school....
Also, looking at your thoughts, it does not appear that you are MIT or Stanford grade material, so do us all a favor and keep your thoughts to yourself....
Ombudsman - There is a questionmark on Senthil1's origination but we have no such doubt about yours.. You are definitely a MOLE in this IV Organization and the only reason they keep you on board is because this is democracy and we dont want to throw out someone who might disagree - Its about freedom of expression - But when Freedom of expression crosses the line and creates poison pill then we need to weed it out I guess.....
In any case, I would definitely like to challenge your argument about 400 anti: 1 pro immigration calls. Are you aware of Avertising world rule that when someone does not like soemthing, they tend to tell at least 25 people about it, while when someone likes something, they might tell 1 person. In this case, this classic rule has applied beyond expectations because people who are calling are already racist who sit on their ass and expect all colored people to be their slaves and get things done for them. They want their mexican maid or indian computer programmer doing things for them but the moment they realize that these foreigners might get citizenship and be equal to them, they dont like that.... (and so do you)....So there you go....No wonder they pick up phone and dial....In any case, what better can they do?
[/QUOTE]
more...
Kodi
07-24 11:33 AM
EAD Paper filed at TCS EB2 ROW
USCIS Receipt date: April 18, 08
FP done: July 22, 08
No LUDs, No EAD yet.
USCIS Receipt date: April 18, 08
FP done: July 22, 08
No LUDs, No EAD yet.
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belmontboy
07-20 02:43 PM
Guys, Please don't fight.
We cannot get far with this EB2 Vs EB3 fight.
We understand EB3's situation, however pitting one against another will not help.
Sanhari: why not take your efforts one step ahead and work for fixes like visa recapture. That would be permanent solution and doesnot favor any particular group. You will be able to get support of EB2 and EB1 folks.
I know IV core is focusing its efforts on CIR. CIR is dead meat or going to be... considering this, is IV core working on any piecemeal reforms? Can somebody from the IV core comment????
We cannot get far with this EB2 Vs EB3 fight.
We understand EB3's situation, however pitting one against another will not help.
Sanhari: why not take your efforts one step ahead and work for fixes like visa recapture. That would be permanent solution and doesnot favor any particular group. You will be able to get support of EB2 and EB1 folks.
I know IV core is focusing its efforts on CIR. CIR is dead meat or going to be... considering this, is IV core working on any piecemeal reforms? Can somebody from the IV core comment????
more...
gcbikari
04-21 04:40 PM
I have a friend who got offer like u. He is cautious and paid $350 and met an Employment attorney re. non-compete. If u work at same desk and perform same duties as with ur prior employer, attorney told it comes under violation (as per his aggreement, if it says 'directly or indirectly' ). If they sue you u have to pay the loss and leave the job. The question is will ur employer Sue? He might get sued back for violations he did like missing payments to you, and many other dirty tricks to save money!!
The more u know the more complicated is non-compete, search online forums on non-compete. u can also consult some attorneys online.
Easy way may be talk to him and try to settle. Otherwise ask for your agreement and get it reviewed by an attorney.
The more u know the more complicated is non-compete, search online forums on non-compete. u can also consult some attorneys online.
Easy way may be talk to him and try to settle. Otherwise ask for your agreement and get it reviewed by an attorney.
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Dhundhun
07-21 09:44 PM
I'm confused!
I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!...
Is e-filing costly? - NO
Does paper based filing not trigger FP? - NO
Is it slower? - NO
I am July 2nd filer from last year. I did receive a FP notice in Oct 2007 but couldn't go for it. I sent a letter asking for another date but TSC..So go figure!...
Is e-filing costly? - NO
Does paper based filing not trigger FP? - NO
Is it slower? - NO
more...
acecupid
09-27 09:11 AM
We got the year..how about the month and day on which to port to eb2?;)
Maybe consider hours, minutes and seconds too... ? :confused: lol
Maybe consider hours, minutes and seconds too... ? :confused: lol
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sayonara
09-07 11:28 AM
Since they got transferred to CSC, they start with WAC.
Hope that helps..
Hope that helps..
more...
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Carlau
06-18 10:48 AM
Mailed to NSC on: 1st June
Mailed From State: VA
Received at NSC on: June 4th
140 approved from : NSC
Receipt Date : Still Waiting
Cheque Not cashed as yet
Priority Date Sept 2002
Sanjeev: How do you know it was received by NSC on June 4th,is there on line reference? did you get a letter of recepit? DId your lawyer call them or you just checked the courier company on line receipt?
Mailed From State: VA
Received at NSC on: June 4th
140 approved from : NSC
Receipt Date : Still Waiting
Cheque Not cashed as yet
Priority Date Sept 2002
Sanjeev: How do you know it was received by NSC on June 4th,is there on line reference? did you get a letter of recepit? DId your lawyer call them or you just checked the courier company on line receipt?
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fundo14
06-07 12:36 AM
Hey dont give up ur Canadian PR. U have worked so hard for it. Just think about it. What if ur US GC goes for a toss (god forbid)? The idea was to use Canadian PR as a backup so do it. Also, I completed my landing in Canada recently. PM me if u need more info...
Hi,
How did you reenter US? Using H1 or AP?
I have already used AP once and I am hearing lot of stories about US Immigration creating lot of problem while enetering back in US using AP as they feel that we are doing some kind of fraud ny trying to maintain PR in Cananda & USA
Please shear your experience of Landing.
Hi,
How did you reenter US? Using H1 or AP?
I have already used AP once and I am hearing lot of stories about US Immigration creating lot of problem while enetering back in US using AP as they feel that we are doing some kind of fraud ny trying to maintain PR in Cananda & USA
Please shear your experience of Landing.
more...
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priderock
05-11 04:28 PM
I am not an attorney, but this is what I know:
Yes, you can start a business, but you can't work for this company. Not even write a check on behalf of this company.
You need to hire some one (like a general manager or president) to do these on company's behalf.
You can run the company and earn profits (of course you need to pay taxes).
I do not know whether you can apply a H1 for yourself to work for your company :) , My guess is you can't.
Originally Posted by theOne
Are you sure you can open a business on H1B ?
Thank you,
theOne
Will someone please respond ?
Thank you.
Yes, you can start a business, but you can't work for this company. Not even write a check on behalf of this company.
You need to hire some one (like a general manager or president) to do these on company's behalf.
You can run the company and earn profits (of course you need to pay taxes).
I do not know whether you can apply a H1 for yourself to work for your company :) , My guess is you can't.
Originally Posted by theOne
Are you sure you can open a business on H1B ?
Thank you,
theOne
Will someone please respond ?
Thank you.
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dingudi
11-05 03:22 PM
Hi,
I am a Jul 23rd I-485 filer. Just called USCIS second time (first time no success), went thru their menu and was lucky to get a great Cust Service Rep.
She asked me the I-485 receipt #s, address, primary contact #, DOB, and Zip Code for self and spouse.
She generated a SR for us together and gave us a Conf # for FP notice. She said that you should receive a FP appt notice in next 30 days.
So I guess, perseverance does pay off :)
Hopefully we can get this FP out of the way soon enough.
FYI I am a Bay Area resident.
I am not sure if opening SR helps, especially for TSC. I opened SR 30 days ago and still waiting. They have not scheduled me yet for an appointment.
I am a Jul 23rd I-485 filer. Just called USCIS second time (first time no success), went thru their menu and was lucky to get a great Cust Service Rep.
She asked me the I-485 receipt #s, address, primary contact #, DOB, and Zip Code for self and spouse.
She generated a SR for us together and gave us a Conf # for FP notice. She said that you should receive a FP appt notice in next 30 days.
So I guess, perseverance does pay off :)
Hopefully we can get this FP out of the way soon enough.
FYI I am a Bay Area resident.
I am not sure if opening SR helps, especially for TSC. I opened SR 30 days ago and still waiting. They have not scheduled me yet for an appointment.
more...
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sgupta33
11-07 11:30 AM
Hello All,
I am in the same situation in that I too have not received my FP notice as yet. Filed July 23rd at TSC. The application was transferred to CSC and then back to TSC. I opened a SR on October 5th and still have not received a FP notice. When I called to follow up, I've was told that the TSC is significantly delayed because of the volume of applications they received and to wait 90 days!
For those of you who have used infopass, was it helpful in getting your FP scheduled?
Also, can the person who wrote to the obudsman post the e-mail address and format of what he/she wrote? This would make it easier for those of us who would also like to send an e-mail.
Thanks.
I am in the same situation in that I too have not received my FP notice as yet. Filed July 23rd at TSC. The application was transferred to CSC and then back to TSC. I opened a SR on October 5th and still have not received a FP notice. When I called to follow up, I've was told that the TSC is significantly delayed because of the volume of applications they received and to wait 90 days!
For those of you who have used infopass, was it helpful in getting your FP scheduled?
Also, can the person who wrote to the obudsman post the e-mail address and format of what he/she wrote? This would make it easier for those of us who would also like to send an e-mail.
Thanks.
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harikris
09-10 07:55 PM
Hi,
There are several restrictions/constraints for many ppl for not being able to devote time/money for the general cause. Let's not fret about the reasons. While it would help for all ppl to join forces that should not distract the group that is doing something about the issues.
And ppl on the sidelines - pls don't be a passive professional critique. However valuable your comments and ideas are they are useless without acting upon it - they are just like seeds sown in a barren land. The good work of the forum will continue without your presence. With your involvement we all can reach the goal that much more faster.
My Labor certification is actually filed in the state of IL. But i am on an assignment in MD till Sep 2010 (after filing for relevant amendments).
It's ~5 hrs drive for me to Baltimore/Washington-DC. So, coming every week for a meeting is not practical. I am extremely eager to support OUR cause given the commuting constraints. I have already written to our congress man here to bring to his notice the struggles of wannabee immigrants.
So, where do i sign up?
There are several restrictions/constraints for many ppl for not being able to devote time/money for the general cause. Let's not fret about the reasons. While it would help for all ppl to join forces that should not distract the group that is doing something about the issues.
And ppl on the sidelines - pls don't be a passive professional critique. However valuable your comments and ideas are they are useless without acting upon it - they are just like seeds sown in a barren land. The good work of the forum will continue without your presence. With your involvement we all can reach the goal that much more faster.
My Labor certification is actually filed in the state of IL. But i am on an assignment in MD till Sep 2010 (after filing for relevant amendments).
It's ~5 hrs drive for me to Baltimore/Washington-DC. So, coming every week for a meeting is not practical. I am extremely eager to support OUR cause given the commuting constraints. I have already written to our congress man here to bring to his notice the struggles of wannabee immigrants.
So, where do i sign up?
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peer123
06-13 07:27 PM
My one set of checks cleared last friday & other set yet to be cleared. That might be for me or wife, no idea. So I'm waiting.
How are you so sure that your case checks were cashed & not your wife's just curious.
Thanks
GCcomesoon
I thought all the fees are to be paid by the employer then how come you are paying for it, is it still an option or is there any premium processing for 485
How are you so sure that your case checks were cashed & not your wife's just curious.
Thanks
GCcomesoon
I thought all the fees are to be paid by the employer then how come you are paying for it, is it still an option or is there any premium processing for 485
sss9i
08-30 11:12 AM
Please create link to main page Forum So that everyone can access easily.
I am starting this thread , as there is a thread for July 2nd filers only. This thread can be used for information on receipt number etc., for the I 485 filers who filed between July 17 - Aug 17th.
I am starting this thread , as there is a thread for July 2nd filers only. This thread can be used for information on receipt number etc., for the I 485 filers who filed between July 17 - Aug 17th.
sanjay
02-14 02:15 PM
Really? Narendra Modi is great? And thats why he has been banned from visiting USA...WOW
@buddyinsd
I did not know that visa to USA is also a certificate of good behavior. Does Modi needs a visa to USA to prove he is good or bad person or vice-versa ?
Well, every one had choice to be opinionated and I posted what I think think of Narendra Modi. Why, are people so crazy, that they start posting ( BS ) comments with red marks on post.
Not that I give damn about red color, but remarks and PM are unwanted.
@buddyinsd
I did not know that visa to USA is also a certificate of good behavior. Does Modi needs a visa to USA to prove he is good or bad person or vice-versa ?
Well, every one had choice to be opinionated and I posted what I think think of Narendra Modi. Why, are people so crazy, that they start posting ( BS ) comments with red marks on post.
Not that I give damn about red color, but remarks and PM are unwanted.
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