efs
12-04 11:14 AM
The link to www.murthy.com states clearly what "Last acition" is in your case.
"The USCIS responded that the travel does not change the equation. The USCIS, through Efren Hernandez, Chief, Business and Trade Services Branch, reasoned that the last action would not be the travel and reentry in the prior status, but the previously-approved petition and change of status with a future start date. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. This is because the last action regarding the person's status governs. "
I believe there is no diffirence in that logic for extension of status or change of status. It would be good to find the original letter of Efren Hernandez.
Eugene
"The USCIS responded that the travel does not change the equation. The USCIS, through Efren Hernandez, Chief, Business and Trade Services Branch, reasoned that the last action would not be the travel and reentry in the prior status, but the previously-approved petition and change of status with a future start date. The travel does not invalidate the previously-approved USCIS change of status effective from a future date. This is because the last action regarding the person's status governs. "
I believe there is no diffirence in that logic for extension of status or change of status. It would be good to find the original letter of Efren Hernandez.
Eugene
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subrarama
02-21 10:42 AM
Hi-
How early can I apply for the H1B extension. My current visa expires in mid of June 2008. How many days in advance can I apply for my extension.
Thanks
How early can I apply for the H1B extension. My current visa expires in mid of June 2008. How many days in advance can I apply for my extension.
Thanks
sugaur
07-13 07:54 PM
When you join a medical residency on J1 visa, you are subject to 2 years home residency requirement (HRR) before you can apply for green card. What that means i s you have to go back tou your country for 2 years BEFORE you are eligible for any other kind of visa or change in status. You wont be be able to apply for i-485/EAD/ green card even if your husband gets his in the meantime if HRR is not satisfied
The ONLY way to get around the HRR is to sign a contract to work in an medically underserved area for 3 years (on H1b). Once your 3 years are over, you can then apply for GC by what ever means, work or family.
Overall doing residency on J1 is easier as you dont need to clear USMLE step 3, there are more opprtunities as more programs offer J1 positions. Also, if you want to do fellowship, there are more programs in all specialities which will offer J1, not H1. Also, you dont pay medicare or social security tax on J1 which means more money. On the other hand after completing your residency/fellowship you will have less job opportunitis as you will have to find an employer who falls in a geographically underserved area. PM me if you need any more info.
The ONLY way to get around the HRR is to sign a contract to work in an medically underserved area for 3 years (on H1b). Once your 3 years are over, you can then apply for GC by what ever means, work or family.
Overall doing residency on J1 is easier as you dont need to clear USMLE step 3, there are more opprtunities as more programs offer J1 positions. Also, if you want to do fellowship, there are more programs in all specialities which will offer J1, not H1. Also, you dont pay medicare or social security tax on J1 which means more money. On the other hand after completing your residency/fellowship you will have less job opportunitis as you will have to find an employer who falls in a geographically underserved area. PM me if you need any more info.
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senk1s
04-18 11:33 AM
maybe there is some method to this madness ....
Try getting an infopass and get more details
I'm going to check my case status right now
Try getting an infopass and get more details
I'm going to check my case status right now
more...
desi3933
07-28 04:12 PM
You are incorrect. I suggest, you talk to attorney.
It also depends on the state where contract/agreement was executed.
____________________
Not a legal advice.
It appears that most of the one sided agreements mentioned above are not legal. For eg if in ur offer letter u have 2 weeks of notice period from your side and company says they can termniate you without any notice period then its not legal.
I think only 2 side agreements are legal and all other agreements even if you sign are not legal.
(pls confirm with ur lawyer ...)
It also depends on the state where contract/agreement was executed.
____________________
Not a legal advice.
It appears that most of the one sided agreements mentioned above are not legal. For eg if in ur offer letter u have 2 weeks of notice period from your side and company says they can termniate you without any notice period then its not legal.
I think only 2 side agreements are legal and all other agreements even if you sign are not legal.
(pls confirm with ur lawyer ...)
inskrish
07-13 01:15 AM
If they put everything as U, they are potentially in trouble, as they have apparently returned unused visas to DOS. So there are unused visas...
Very good point for the litigation attorneys:-)
Regards,
IK
Very good point for the litigation attorneys:-)
Regards,
IK
more...
priderock
07-12 02:44 PM
WHat happens when they return the visa number to DOS? Can they request them again later or these numbers are just wasted for this year?
Thanks!
Since the year is not over yet (until SEP30) , DOS can adjust the dates in next (interim ?) bulletin accordingly. That does not mean they become current like original Jul bulletin did , but at least some people will be able to file.
Thanks!
Since the year is not over yet (until SEP30) , DOS can adjust the dates in next (interim ?) bulletin accordingly. That does not mean they become current like original Jul bulletin did , but at least some people will be able to file.
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Canadianindian
02-10 07:30 PM
Did you file for I-485? If so, what is the address mentioned in the I-485 application? If it is US address, then you should be residing at that address.
I-485 application indicates that beneficiary is residing in the USA and applying for adjustment of status.
_______________________
Not a legal advice.
US Citizen of Indian Origin
The address on 485 is a US address. I was in Jersey City when my firm applied for 485. However, subsequent to 180 days of filing, I transferred to Detroit practive with the same firm. And, I provided my cousin's address in Detroit where I lived temporarily. Subsequent to that, I moved to Windsor, Canada, because it is a nicer place to live.
I did consult with my attorney at that time, and she suggested that it is fine for me to live in Canada.
Your suggestions?
I-485 application indicates that beneficiary is residing in the USA and applying for adjustment of status.
_______________________
Not a legal advice.
US Citizen of Indian Origin
The address on 485 is a US address. I was in Jersey City when my firm applied for 485. However, subsequent to 180 days of filing, I transferred to Detroit practive with the same firm. And, I provided my cousin's address in Detroit where I lived temporarily. Subsequent to that, I moved to Windsor, Canada, because it is a nicer place to live.
I did consult with my attorney at that time, and she suggested that it is fine for me to live in Canada.
Your suggestions?
more...
immi_twinges
07-20 09:51 AM
Its not over yett.
Lets get some media attention on how the GCs are wasted and how we suffer for years.
Let the public know how much injustice the people from backlogged countries are facing..
We don't contribute less. We work no less than others ..but yet we are discriminated.
I wonder why they don't have 7% cap on H1B . And all this stupid media says people from ...... are stealing jobs and ....... overstay:mad:
Lets get some media attention on how the GCs are wasted and how we suffer for years.
Let the public know how much injustice the people from backlogged countries are facing..
We don't contribute less. We work no less than others ..but yet we are discriminated.
I wonder why they don't have 7% cap on H1B . And all this stupid media says people from ...... are stealing jobs and ....... overstay:mad:
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jase21
03-18 07:42 PM
code !
more...
arnet
09-20 01:54 PM
IV team, please consider the following:
1. IV can post free ads in classifieds like sulekha, indiainfo, craigslist, free ad newspaper, etc.
2. also IV can contact all indian/asian associations and Asian student association in US to place an free ad in their websites/magazine/email newsletter (some have annual magazine, some has monthly newsletter). tell them how IV helps its members in visa/gc related issues including free legal advise.
3. IV can place free ad/info on notice boards in indian/pak/chinese restaurants, indian/pak/chinese groceries, temples, conference halls, etc...
4. increase IV site listing in search engine results. any combination of keywords in gc or visa should bring IV site in top 10 like when searching any US visa (like H1/H4/H1B/F1/J1 etc.), gc related keywords (like I-485, PERM, labor, I-140, immigrant, FingerPrinting, etc). This can be achieved for a little money and this can be done by contacting yahoo/msn and other SEO (Search Engine Optimization) companies. Our members can help us in this regard.
5. Send newsletter email to all IV members atleast ONCE a month and ask them to contact their friends/coworkers/their company employees to join IV.
This newsletter will request members to contact indian/asian association in their local area for membership drive.
Also request them to send feedback to improve IV and to increase publicity and membership.
6. Create "Free Legal Advise for Employers/Schools Only", where employers/schools can send visa/gc related questions and attend conference call during this session. This is an addition to the current one which we have now (which is for open public).
also request these employers to place IV information on notice board in all office branches, also ask them to request these employers to give IV information in welcome package. same for colleges we can contact international student counsellor or concerned persons to give IV information in information package to foreign students who join their college.
7. Create an email like "employerslist@immigrationvoice.org" and mention this in contactus page. Every month newsletter will rquest IV members to send "employers name/address/phone and contact person name/email" to this email so that we can keep the employer information private. Ask them whether IV can use their name to contact them.
This employer should hire foreign graduates, or who sponsors H1B or GC even J1/Business visa etc... in this way, if we collect their names/contact info, we can contact them and request them to place or send email to their employees about IV. They might refuse but we convince saying that IV is providing "free legal counsel for Visa/GC" for both Employers/Employees where they can opinion about their visa/gc related questions and explain how IV helps in getting rid of GC backlogs and advocates H1 increase etc....
8. Create "Contact Us" page with a form inaddition to what we have.
following fields like: from, category, subject, how they heard about us, comments/feedback. This category can be general, questions for free legal advise, feedback, etc.
how they heard about us: give options like IV member/search engine/college/employer/friend/family/association, other etc., if they choose others, they have to tell what it is, this will help us to concentrate on marketing in the area through which we received more membership.
9. Not sure how this is done but check. Do email marketing from hotmail/yahoo, etc. most people give for less than 50$ for 1000 emails, get list of emails specific to people who has occupation in IT who are in US and send email to them.
10. Consider this after trying above options: pay-per-click(PPC)/Adsense (google). for this, we need to spend some money, but some companies are giving 50$ for new customers, after that they will charge us. we can bid very low for PPC.
Thanks everyone for being patient and supporting us. The work is happening at all ends and it is an uphill task.
We really need to increase our membership. Higher membership will mean us looking tall when we meet lawmakers. Please all try to help us spread the word of IV to everyone you know that is stuck in retrogression. We represent at least half million people but we currently not even have 6 thousand members. Thus we have to bring lot many people into IV. I would encourage everyone to pls. register on this forum instead of being visitors.
Pls try to help us increase our membership in your own capacity, in any way you can. This is something everyone on this forum can help us.
1. IV can post free ads in classifieds like sulekha, indiainfo, craigslist, free ad newspaper, etc.
2. also IV can contact all indian/asian associations and Asian student association in US to place an free ad in their websites/magazine/email newsletter (some have annual magazine, some has monthly newsletter). tell them how IV helps its members in visa/gc related issues including free legal advise.
3. IV can place free ad/info on notice boards in indian/pak/chinese restaurants, indian/pak/chinese groceries, temples, conference halls, etc...
4. increase IV site listing in search engine results. any combination of keywords in gc or visa should bring IV site in top 10 like when searching any US visa (like H1/H4/H1B/F1/J1 etc.), gc related keywords (like I-485, PERM, labor, I-140, immigrant, FingerPrinting, etc). This can be achieved for a little money and this can be done by contacting yahoo/msn and other SEO (Search Engine Optimization) companies. Our members can help us in this regard.
5. Send newsletter email to all IV members atleast ONCE a month and ask them to contact their friends/coworkers/their company employees to join IV.
This newsletter will request members to contact indian/asian association in their local area for membership drive.
Also request them to send feedback to improve IV and to increase publicity and membership.
6. Create "Free Legal Advise for Employers/Schools Only", where employers/schools can send visa/gc related questions and attend conference call during this session. This is an addition to the current one which we have now (which is for open public).
also request these employers to place IV information on notice board in all office branches, also ask them to request these employers to give IV information in welcome package. same for colleges we can contact international student counsellor or concerned persons to give IV information in information package to foreign students who join their college.
7. Create an email like "employerslist@immigrationvoice.org" and mention this in contactus page. Every month newsletter will rquest IV members to send "employers name/address/phone and contact person name/email" to this email so that we can keep the employer information private. Ask them whether IV can use their name to contact them.
This employer should hire foreign graduates, or who sponsors H1B or GC even J1/Business visa etc... in this way, if we collect their names/contact info, we can contact them and request them to place or send email to their employees about IV. They might refuse but we convince saying that IV is providing "free legal counsel for Visa/GC" for both Employers/Employees where they can opinion about their visa/gc related questions and explain how IV helps in getting rid of GC backlogs and advocates H1 increase etc....
8. Create "Contact Us" page with a form inaddition to what we have.
following fields like: from, category, subject, how they heard about us, comments/feedback. This category can be general, questions for free legal advise, feedback, etc.
how they heard about us: give options like IV member/search engine/college/employer/friend/family/association, other etc., if they choose others, they have to tell what it is, this will help us to concentrate on marketing in the area through which we received more membership.
9. Not sure how this is done but check. Do email marketing from hotmail/yahoo, etc. most people give for less than 50$ for 1000 emails, get list of emails specific to people who has occupation in IT who are in US and send email to them.
10. Consider this after trying above options: pay-per-click(PPC)/Adsense (google). for this, we need to spend some money, but some companies are giving 50$ for new customers, after that they will charge us. we can bid very low for PPC.
Thanks everyone for being patient and supporting us. The work is happening at all ends and it is an uphill task.
We really need to increase our membership. Higher membership will mean us looking tall when we meet lawmakers. Please all try to help us spread the word of IV to everyone you know that is stuck in retrogression. We represent at least half million people but we currently not even have 6 thousand members. Thus we have to bring lot many people into IV. I would encourage everyone to pls. register on this forum instead of being visitors.
Pls try to help us increase our membership in your own capacity, in any way you can. This is something everyone on this forum can help us.
hot halo reach wallpaper emile.
gene77
10-19 01:25 PM
According to what I have read - porting of PD can be done at 2 stages
1. At the time the second I-140 is applied or,
2. When one applies for the I-485.
So you should be fine going by #2. Not an attorney, just like you all - a GC aspirant commenting on his research.
My question is the same that you raised earlier - the Memo states that the PD has to be current when interfiling. But in the case of pd_recapturing, his PD is May 04 which is not current - EB2 for India is Apr 04 (my assumption being that pd_recapturing is from India.)
My case is exactly as pd_recapturing, waiting for the approval of my second I-140 to see if the date got ported or not (we had requested during filing of second I-140). After the approval, I was thinking of waiting for my PD to be current before filing.
pd_recapturing - we'll be following your lead to see how your case turns out.
Thanks.
Gene
1. At the time the second I-140 is applied or,
2. When one applies for the I-485.
So you should be fine going by #2. Not an attorney, just like you all - a GC aspirant commenting on his research.
My question is the same that you raised earlier - the Memo states that the PD has to be current when interfiling. But in the case of pd_recapturing, his PD is May 04 which is not current - EB2 for India is Apr 04 (my assumption being that pd_recapturing is from India.)
My case is exactly as pd_recapturing, waiting for the approval of my second I-140 to see if the date got ported or not (we had requested during filing of second I-140). After the approval, I was thinking of waiting for my PD to be current before filing.
pd_recapturing - we'll be following your lead to see how your case turns out.
Thanks.
Gene
more...
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prinive
02-12 01:59 PM
Hiking yes this saturday. Unless it is snowing heavily.. Went on hiking on LMK day. It was bit cold but as soon as we started, it was very nice....
U Sure, with the kind of weather? Currently it is pounding snow at my workplace in New Jersey - unless you want to do a "threadmill" marathon :)
U Sure, with the kind of weather? Currently it is pounding snow at my workplace in New Jersey - unless you want to do a "threadmill" marathon :)
tattoo Halo: Reach (X360)
pappu
06-02 08:51 AM
I think that instead of exhausting our energy on this issue, we better think how to make progress in our fight against injustice. And to all those who are using an abusing language .... please show your guts when you go for your next visa stamping or when entering the United States on a port of entry and try to use the similar language.... you surely will get an answer/lesson you will remember for rest of your life.
Yes Agreed.
Moving forward, we will refrain from answering anyone who is banned. It is a waste of time and energy that can be used for something that helps our real and contributing members. But whatever is being posted on this thread will now give a sense to others of what goes on in moderating these forums and what we do is for a reason and in the interest of the forum and the organization.
If someone feels that they are banned in error they must directly contact us. Make sure you are not anonymous. Because we do not respond to anonymous inquiries. http://immigrationvoice.org/index.php?option=com_content&task=view&id=76
The thread is now closed and made a sticky for future reference.
Yes Agreed.
Moving forward, we will refrain from answering anyone who is banned. It is a waste of time and energy that can be used for something that helps our real and contributing members. But whatever is being posted on this thread will now give a sense to others of what goes on in moderating these forums and what we do is for a reason and in the interest of the forum and the organization.
If someone feels that they are banned in error they must directly contact us. Make sure you are not anonymous. Because we do not respond to anonymous inquiries. http://immigrationvoice.org/index.php?option=com_content&task=view&id=76
The thread is now closed and made a sticky for future reference.
more...
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Drifter
04-06 11:44 AM
I have been a long time supporter of IV and all the work that IV does, I have been on this forum for for a while now and have always believed in the cause of IV and though I am not active on the forum for some time now I have actively taken part in a lot of the efforts that IV has undertaken and have contributed monetarily as well .
Besides the fact that IV can try to help members in extreme situations like the one I am in, IV is really the only organization that watches out for our community, it is all we have. We need to be an active part of it and should make it stronger.
Besides the fact that IV can try to help members in extreme situations like the one I am in, IV is really the only organization that watches out for our community, it is all we have. We need to be an active part of it and should make it stronger.
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bsbawa10
05-27 04:53 AM
op seems to have just lost it!
(no offense please)
dis is wat happens 2 normal beings one-by-one.. can't blame anyone.
Years and years of wait, fear, desperation, being deceived and finally followed by series of shocks called visa bulletins --> end result "it all ends-up this way".
My apologies, I thought I was making a point. The point was trying to see and realize that if USCIS was behaving with us this way it is, what would happen if it was a product selling company ? Could it do the same to its customers ? Could customers tolerate it ? Could USCIS have survived ?
But if I could not show it just ignore my thread or Admin , please delete it.
(no offense please)
dis is wat happens 2 normal beings one-by-one.. can't blame anyone.
Years and years of wait, fear, desperation, being deceived and finally followed by series of shocks called visa bulletins --> end result "it all ends-up this way".
My apologies, I thought I was making a point. The point was trying to see and realize that if USCIS was behaving with us this way it is, what would happen if it was a product selling company ? Could it do the same to its customers ? Could customers tolerate it ? Could USCIS have survived ?
But if I could not show it just ignore my thread or Admin , please delete it.
more...
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voldemar
12-11 02:28 PM
It makes no difference whether they allow concurrent filing of 140/485 or not That's not always true. Without concurrent filing my son will not be able to file 485 because he will turn 21 at that time. And I'm pretty sure there are other cases when concurrent filing was very helpful.
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dagu1234
06-20 12:38 AM
So. Cal Members - There is an update posted on our State Chapter's group. you should have an email in your Inbox if you had notifications tuned on. Please act NOW.
Hi
I requested for souther California state chapter membership 1-2 weeks ago. but it is still not approved.
Your membership is awaiting approval by the group owner
Can you please make sure it gets approved? I called all listed senators 3 times + I donated $150 so far.
Thanks
Hi
I requested for souther California state chapter membership 1-2 weeks ago. but it is still not approved.
Your membership is awaiting approval by the group owner
Can you please make sure it gets approved? I called all listed senators 3 times + I donated $150 so far.
Thanks
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TomTancredo
01-10 05:17 PM
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 !
I personally think you are better off finding another job and another employer and starting the process all over again if you have time and energy.
If this guy (employer) can do this to someone else , what is the guarentee that he will not do it you. Ofcourse you may argue substitution is eliminated etc ...But this guy (Employer) is clearly dishonest ...and he could be very well be running a business based on the US immigration system.
I think we as a community better off if you can reveal who the employer is.
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 !
I personally think you are better off finding another job and another employer and starting the process all over again if you have time and energy.
If this guy (employer) can do this to someone else , what is the guarentee that he will not do it you. Ofcourse you may argue substitution is eliminated etc ...But this guy (Employer) is clearly dishonest ...and he could be very well be running a business based on the US immigration system.
I think we as a community better off if you can reveal who the employer is.
RNGC
04-04 03:14 PM
IV has been doing a great job, we should all be proud of being a part of it.
I came across this post (http://immigrationvoice.org/forum/showthread.php?t=10316).
I think we should keep fighting till our goal is met. Can IV core team shed some light whether recapturing the unused visa numbers is ever possible ? Even if there is slightest change, we should NOT GIVE UP and work towards it. I've read that USCIS have so far wasted upto 600,000 EB visa numbers.
Now we are seeing some light at the end of the tunnel for multi year EAD or EAD validity during the period of AOS(I-485). Should we roll up our sleeves and work for the recapture of unused visa numbers ? How to make this happen, Please share your thoughts and ideas.
LETS NOT STOP UNTIL WE GET WHAT WE DESERVE!
I came across this post (http://immigrationvoice.org/forum/showthread.php?t=10316).
I think we should keep fighting till our goal is met. Can IV core team shed some light whether recapturing the unused visa numbers is ever possible ? Even if there is slightest change, we should NOT GIVE UP and work towards it. I've read that USCIS have so far wasted upto 600,000 EB visa numbers.
Now we are seeing some light at the end of the tunnel for multi year EAD or EAD validity during the period of AOS(I-485). Should we roll up our sleeves and work for the recapture of unused visa numbers ? How to make this happen, Please share your thoughts and ideas.
LETS NOT STOP UNTIL WE GET WHAT WE DESERVE!
thomachan72
05-25 04:29 PM
congradulations raju.
the surprising part is that your PD is Nov 04 and the current PD is Jan 2000. How come your case was worked and approved? good for you but just curious. Also in this same thread Reddog has a PD of March 04 and has probably not got this news yet? If u c this Reddog pls confirm
the surprising part is that your PD is Nov 04 and the current PD is Jan 2000. How come your case was worked and approved? good for you but just curious. Also in this same thread Reddog has a PD of March 04 and has probably not got this news yet? If u c this Reddog pls confirm
