s416504
08-29 12:24 PM
I saw many 2nd July Polls but doesn't have full proof information.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
So thaught creating New Poll.
Hope everyone will participate in the Poll.
wallpaper Gee Girls Generation Members
rajenk
01-17 01:40 PM
Yes Interfiling is just for that, no matter how the labor cert was used, when that EB3 I140 was approved it was all valid. Now you are only porting the PD from that approved EB3 I140.
If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.
Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.
Good luck
Raj:)
If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.
Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.
Good luck
Raj:)
NO_Free_Rider
09-14 12:47 PM
Looks like your I140s denied for ability to pay (based on the RFEs). But also you were paid more than the prevailing wages! Per my exp, even if company makes loss, but you were getting paid, it shouldn't be a reason for denial.
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
2011 gee girls generation members.
gsc999
09-05 06:13 PM
Does anybody know if Egyptians also have a backlog. Does that also mean that an egyptian with a later priority date can be accepted before an Indian because of the quotas. We need a change in the immigration system. I filed my I-485 in July w no receipt yet. Does that mean I can also expect a long wait.
Kaifa Hailaikum magician7989, Anna Kulyam Arby :-) shwaya shwaya. Mafeesh Mushaikil.
As Franklin, rightly points out EB3 ROW has been retrogressed for many years and there is a high probability of that being the case for October visa bulletin.
Also, even after applying for I-485, people get stuck in FBI name check for years. Per the latest USCIS Ombudsman report and follow-up information, there are more than 200K people stuck in FBI name check alone.
So please don't take things for granted once you are able to file for I-485. Make us stronger and make your chances of securing a GC sooner by joining IV and asking lawmakers to reform the immigration system for law abiding legal immigrants. Come to the rally in DC, if you can't afford the ticket let me know. I promise to share some anecdotes about my stay in Egypt, Amr Diab music etc with you. My favorite was "Noor El Ain" Probably you would be able to fill me in with some newer hits.
Kaifa Hailaikum magician7989, Anna Kulyam Arby :-) shwaya shwaya. Mafeesh Mushaikil.
As Franklin, rightly points out EB3 ROW has been retrogressed for many years and there is a high probability of that being the case for October visa bulletin.
Also, even after applying for I-485, people get stuck in FBI name check for years. Per the latest USCIS Ombudsman report and follow-up information, there are more than 200K people stuck in FBI name check alone.
So please don't take things for granted once you are able to file for I-485. Make us stronger and make your chances of securing a GC sooner by joining IV and asking lawmakers to reform the immigration system for law abiding legal immigrants. Come to the rally in DC, if you can't afford the ticket let me know. I promise to share some anecdotes about my stay in Egypt, Amr Diab music etc with you. My favorite was "Noor El Ain" Probably you would be able to fill me in with some newer hits.
more...
alterego
09-22 08:49 AM
http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-inline_21edi.ART.State.Edition1.427fa5a.html
roseball
07-20 05:02 PM
I thought as per the new memo it is advisable to extend your non-immigrant status even if you have filed your AOS and work on EAD.
I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid.
When their spouse extended their H1B's, they did also extend the H4 petition to get new I-94's.
Like the attorney mentioned, you can't maintain H4 and AOS status at the same time. You can file for H1 to H4 COS but as soon as you use your EAD and start working, you will lose your H4 status. Having a valid H4 I-94 does not mean you still maintain H4 status. You can't work on H4, period. EAD gives you authorization to work based on your pending I-485, but then using your EAD will put you back in AOS pending/Parolee status. Hope this helps...
I know many people who were on H4 and started working as soon as they filed AOS and got EAD's, now in this case there I-94 issued for H4 is still valid.
When their spouse extended their H1B's, they did also extend the H4 petition to get new I-94's.
Like the attorney mentioned, you can't maintain H4 and AOS status at the same time. You can file for H1 to H4 COS but as soon as you use your EAD and start working, you will lose your H4 status. Having a valid H4 I-94 does not mean you still maintain H4 status. You can't work on H4, period. EAD gives you authorization to work based on your pending I-485, but then using your EAD will put you back in AOS pending/Parolee status. Hope this helps...
more...
logiclife
07-11 11:18 AM
This is from Rajiv Khanna's Immigration.com (http://www.immigration.com/common/synergybackpay.html), found today.
Employer to be barred for two years from H-1 and green card filing for willful failure to pay benched employees.
In a decision entitled "Administrator WHD v. Synergy Systems, Inc." on June 30, 2006, the employer was ordered to pay back wages to two benched (Indian) employees and was directed to be barred from the H-1 AND green card programs for two years. The employer tried to argue that the employees were on unpaid leave of absence. This argument was rejected. It was found that employer had willfully violated H-1B regulations, hence it must be barred from the H-1 and green card filing for at least two years.
What this tell us is:
1. Its really not a joke to go around benching people without pay.
2. All it takes its an official complaint to be filed with Department of labor. And although it takes time, the department of labor would go after such employers and do the neccesary "Treatment" and "therapy" needed to teach such employers a lesson.
3. It is not the employee's fault if they are not paid wages for the time they spend when they are non-productive, aka, illegal benching-without-pay. Employee's responsibility to find a gainful employment starts ONLY AFTER the employer officially terminates the employee and send USCIS the notice to revoke H1. After that, its the employee's responsibility to maintain status and legality.
Employers like Synergy are not only a menace to their own employees, they are also a menace to the entire system. The anti-immigrants cite such employers to make their case for their own cause by saying that "H1Bs are exploited and H1Bs are slaves and H1Bs and immigrants are driving down wages". When in reality, H1B employees most earn the same amount or more amount than any other employee on greencard or citizenship. Such few bad apples really provide examples for our opponents on other side to create new sound bites. These are the guys who put us in trouble and provide fodder to Lou Dobbs and programmer's guild(organization against hi-tech immigration).
I am disappointed that they are barred only for 2 years. Coz after 2 years, I can guarantee that they will be probably back to their old tricks. There is such a thing called RECIDIVISM. A tendency to revert back to previous pattern of bahavior. Pretty much like a dog's tail. No matter how long you keep a dog's tail in a straight tube, as soon as you take it out, it regains its original shape.
However, 2 years is still 2 years. And I am going to toast to that. CHEERS !!!!!!!!!! :):)
If anyone here has been an employee of Synergy or is still an employee, you may want to take appropriate steps to change your employer and check the consequence to your immigration status and GC status.
Employer to be barred for two years from H-1 and green card filing for willful failure to pay benched employees.
In a decision entitled "Administrator WHD v. Synergy Systems, Inc." on June 30, 2006, the employer was ordered to pay back wages to two benched (Indian) employees and was directed to be barred from the H-1 AND green card programs for two years. The employer tried to argue that the employees were on unpaid leave of absence. This argument was rejected. It was found that employer had willfully violated H-1B regulations, hence it must be barred from the H-1 and green card filing for at least two years.
What this tell us is:
1. Its really not a joke to go around benching people without pay.
2. All it takes its an official complaint to be filed with Department of labor. And although it takes time, the department of labor would go after such employers and do the neccesary "Treatment" and "therapy" needed to teach such employers a lesson.
3. It is not the employee's fault if they are not paid wages for the time they spend when they are non-productive, aka, illegal benching-without-pay. Employee's responsibility to find a gainful employment starts ONLY AFTER the employer officially terminates the employee and send USCIS the notice to revoke H1. After that, its the employee's responsibility to maintain status and legality.
Employers like Synergy are not only a menace to their own employees, they are also a menace to the entire system. The anti-immigrants cite such employers to make their case for their own cause by saying that "H1Bs are exploited and H1Bs are slaves and H1Bs and immigrants are driving down wages". When in reality, H1B employees most earn the same amount or more amount than any other employee on greencard or citizenship. Such few bad apples really provide examples for our opponents on other side to create new sound bites. These are the guys who put us in trouble and provide fodder to Lou Dobbs and programmer's guild(organization against hi-tech immigration).
I am disappointed that they are barred only for 2 years. Coz after 2 years, I can guarantee that they will be probably back to their old tricks. There is such a thing called RECIDIVISM. A tendency to revert back to previous pattern of bahavior. Pretty much like a dog's tail. No matter how long you keep a dog's tail in a straight tube, as soon as you take it out, it regains its original shape.
However, 2 years is still 2 years. And I am going to toast to that. CHEERS !!!!!!!!!! :):)
If anyone here has been an employee of Synergy or is still an employee, you may want to take appropriate steps to change your employer and check the consequence to your immigration status and GC status.
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gcformeornot
08-14 04:06 PM
"Applications already properly filed with USCIS will also be accepted."
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
Dont worry if you filed everything properly.
Thank you for pointing out.
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
Dont worry if you filed everything properly.
Thank you for pointing out.
more...
viswanadh73
01-04 01:19 PM
thanks
hair SNSD / Girls#39; Generation will
chanduv23
03-08 08:48 PM
Wow,
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
Maybe the numbers were high as they spilled over, but that does not explain why eb2 and eb3, where they must be equal.
It if definitely interesting to note that eb1 India has so much demand.
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
Maybe the numbers were high as they spilled over, but that does not explain why eb2 and eb3, where they must be equal.
It if definitely interesting to note that eb1 India has so much demand.
more...
GCOP
11-08 07:17 PM
245i applicants ( the people who were out of status) were allowed to file for adjustment of status under LIFE ACT of year 2000 passed by congress. There were no additional Immigrant visas approved for these applications and they are being issued visas from the regular quota.
Following is the link for LIFE ACT
Full Text of Immigration Bill--12/15/00 (http://www.immigrationlinks.com/news/news677.htm)
We are in a very difficult situation. Unless congress passes some legislative change, it is very hard to determine the further progress in EB-3 India Category. I really do hope that, most of the 245i application visa adjudication would have been done. I have also heard that relatives of 245i applicants are being issued immigrant visas at US Consulates abroad. So these additional visas on top of 245i applications make it very hard for any prediction.
EB-3(India) & ALL EB categories need very URGENT HELP from congress, as this situation has arised due to 245i LIFE ACT.
WE REQUEST CONGRESS, TO PASS LEGISLATION - NOT TO COUNT ANY 245I VISAS AGAINST REGULAR QUOTA ( TO EXEMPT 245I VISAS FROM THE QUOTA).
Following is the link for LIFE ACT
Full Text of Immigration Bill--12/15/00 (http://www.immigrationlinks.com/news/news677.htm)
We are in a very difficult situation. Unless congress passes some legislative change, it is very hard to determine the further progress in EB-3 India Category. I really do hope that, most of the 245i application visa adjudication would have been done. I have also heard that relatives of 245i applicants are being issued immigrant visas at US Consulates abroad. So these additional visas on top of 245i applications make it very hard for any prediction.
EB-3(India) & ALL EB categories need very URGENT HELP from congress, as this situation has arised due to 245i LIFE ACT.
WE REQUEST CONGRESS, TO PASS LEGISLATION - NOT TO COUNT ANY 245I VISAS AGAINST REGULAR QUOTA ( TO EXEMPT 245I VISAS FROM THE QUOTA).
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satishku_2000
01-18 07:29 PM
I log in every day to see whats happening with my I-140 , Mine filed in september and the processing date moved only 15 days in last month. It took 2.5 years to complete the labor and I think I am struck in I-140 here...
Any one received I-140 approvals recently ? I just want to know what is your receipt date
Any one received I-140 approvals recently ? I just want to know what is your receipt date
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viswanadh73
01-04 03:21 PM
thanks
tattoo Gee Girls Generation Members.
santb1975
05-20 12:52 AM
We can do it
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ksircar
01-18 07:36 PM
My 140 receipt date is July 11, still no word from NSC, neither RFE nor approval.
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reachinus
07-23 03:37 PM
C. UHRMACHER @ 8,26am on July 2
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jasmin45
07-15 09:02 PM
MSNBC has covered the legal immigrants protest. Video is available in Youtube. But I am not sure about the rally. I know that Fox news covered the rally in the news segment.
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![gee girls generation members. Girl#39;s Generation [SNSD] - Gee](http://i.ytimg.com/vi/yS07mM28RzM/0.jpg "Girl#39;s Generation [SNSD] - Gee")
Janisaris
10-30 04:37 PM
Please call
1-800-375-5283 options 1-2-2-6-2-2-1.
Dial the extensions in sequence with a gap of 2 seconds...
Good Luck !!
Did you receive them from NSC (LIN?) . Where did you get your I140 approved?
1-800-375-5283 options 1-2-2-6-2-2-1.
Dial the extensions in sequence with a gap of 2 seconds...
Good Luck !!
Did you receive them from NSC (LIN?) . Where did you get your I140 approved?
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ASR
07-08 03:22 PM
Congrates Man
what is your EB category and PD?
Jan 23 2004 EB2
what is your EB category and PD?
Jan 23 2004 EB2
manderson
10-29 02:03 PM
stylepoet, while I don't speak for the core-group, I think I represent the majority when I say this: Realistically speaking, if you plan to stay in the US for a very long term and want to do so without any visa hassles (or kids aging out issues that you mentioned), then getting a Green Card (GC) is the best way to go, instead of jumping around non-immigrant visas. And if u r financially capable of being an E2 why not just file for a EB5 GC (which is way faster than EB2 and EB3 these days -- please check out this site for more info)? Sure, there is a difference in the minimum investment reqs. E2 = 200K+ and EB5 = 500k. But if you have lived here for a couple of years (assuming this from the implication that your kids recently turned 21 or are going to turn 21) surely you can makeup the 300k difference. No?
Please feel free to educate if I am out of line here.
Please feel free to educate if I am out of line here.
njdude26
07-02 08:34 AM
I can file my 485 from outside the country ? I always thought that once I go out of the country i will have to refile my I140 and then 485 in consular processing.
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