glus
05-10 09:58 AM
Hello,
You need to say "Yes" when they ask if anyone ever filed immigrant petition for you. I140 is an immigrant petition. The chances of you getting F-1 visa are minimal. This is due to the fact that you had shown immigrant intent, when your employer filed I140 for you. It does not matter if your employer withdrew the I140 or not or how much time lapsed. The problem is that you already showed your immigrant intent, and hence due to the language in INA, it will be VERY VERY difficult to get any type of a non-immigrant visa, unless such a visa carries "dual intent" such as H-1 or L-1.
I hope it is helpful.
Best Regards,
You need to say "Yes" when they ask if anyone ever filed immigrant petition for you. I140 is an immigrant petition. The chances of you getting F-1 visa are minimal. This is due to the fact that you had shown immigrant intent, when your employer filed I140 for you. It does not matter if your employer withdrew the I140 or not or how much time lapsed. The problem is that you already showed your immigrant intent, and hence due to the language in INA, it will be VERY VERY difficult to get any type of a non-immigrant visa, unless such a visa carries "dual intent" such as H-1 or L-1.
I hope it is helpful.
Best Regards,
pnjbindia
04-07 06:48 PM
what is he is the primary applicant and he is in ROW coz of his wife..how does that change things?
horscorp
03-09 01:49 PM
Hello Ann,
Perm application which has been pending is now approved. Can we go ahead with the transfer of H1B or wait for the application of I140?
thanks
horscorp
Perm application which has been pending is now approved. Can we go ahead with the transfer of H1B or wait for the application of I140?
thanks
horscorp
mnkaushik
02-06 03:38 PM
I have not done that. I do have EAd and AP so dont know if i will do it. But prior to this when i got promoted earlier i have not applied for an admendment.
more...
gcForV
07-12 10:57 AM
As other mentioned sending a certified letter to all senators/congress would be a good idea.
sending them all in a 2-3 days span would be good.
sending them all in a 2-3 days span would be good.
thesparky007
05-24 10:19 PM
Sheesh someone is in a hurry :|!hurry?
i posted that on the 16th
it has been about 8 days
@kirupa:ok,thanks
i posted that on the 16th
it has been about 8 days
@kirupa:ok,thanks
more...
redelite
08-20 01:33 PM
Okay so here is my first draft of the YA RLY owl..
http://www.kirupa.com/forum/attachment.php?attachmentid=47604&stc=1&d=1219253829
I think I tried to be a little too detailed though :-/
http://www.kirupa.com/forum/attachment.php?attachmentid=47604&stc=1&d=1219253829
I think I tried to be a little too detailed though :-/
vamsi_poondla
09-10 10:45 AM
All,
I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.
H1-B improvements:
1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter.
2) Remove lottery system of awarding visa. In stead use the following method:
a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�.
b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas.
c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)�
d. The application received is CP is assigned available visa as follows:
i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa.
ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application.
iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process.
3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required:
a. New LCA is required every year and when consultant changes the client.
b. New LCA must be based on the client�s job and experience requirement.
c. H-1B applicant must be paid based on LCA.
d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.
Some are good ideas. Did you think of the administrative overhead? What is the need for the special clause? It is too restrictive.
I think, in long run, increasing the cap, preventing the exploitation/ fraud, faster GC process are workable solutions. I sometimes hear that some companies bring L1B holders and place them as consultants ( a clear violation of L1 visa)..That is the area lawmakers should really drill more. L1 is clearly exploited, it is used like a virtual back door with no cap limits.
I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.
H1-B improvements:
1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter.
2) Remove lottery system of awarding visa. In stead use the following method:
a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�.
b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas.
c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)�
d. The application received is CP is assigned available visa as follows:
i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa.
ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application.
iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process.
3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required:
a. New LCA is required every year and when consultant changes the client.
b. New LCA must be based on the client�s job and experience requirement.
c. H-1B applicant must be paid based on LCA.
d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.
Some are good ideas. Did you think of the administrative overhead? What is the need for the special clause? It is too restrictive.
I think, in long run, increasing the cap, preventing the exploitation/ fraud, faster GC process are workable solutions. I sometimes hear that some companies bring L1B holders and place them as consultants ( a clear violation of L1 visa)..That is the area lawmakers should really drill more. L1 is clearly exploited, it is used like a virtual back door with no cap limits.
more...
lvaka
05-19 02:17 PM
I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Even though ur employer withdraws, its not an issue. For working on EAD, you need to provide a new I-9 form (With EAD info) to your new employer. This I-9 form is only for the Employer to keep records. AC21 letter can be sent to USCIS, but as everyone says its not a must. But am sure you need to have a new lawyer represent you with a new G28 if there is an already an existing lawyer. If the 140 is withdrawn, there may be a chance that USCIS may send you an RFE for the new offer.. It may happen only when ur case gets abdjudicated.
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Even though ur employer withdraws, its not an issue. For working on EAD, you need to provide a new I-9 form (With EAD info) to your new employer. This I-9 form is only for the Employer to keep records. AC21 letter can be sent to USCIS, but as everyone says its not a must. But am sure you need to have a new lawyer represent you with a new G28 if there is an already an existing lawyer. If the 140 is withdrawn, there may be a chance that USCIS may send you an RFE for the new offer.. It may happen only when ur case gets abdjudicated.
willwin
10-01 09:13 AM
Ron predicts that democrats will hold the fort after this election and that a CIR bill would pass as early as next year.
http://www.immigration-information.com/forums/showthread.php?p=24000&posted=1#post24000
I doubt this.
Also, looks like USCIS is upgrading their database in an effort to centralize all information that are currently scattered all over. This, they believe, would help them to predict number of cases, category wise, and hence predict VISA cut off dates precisely.
If this happens, I believe, the spurt of approvals that we were seeing during the last quarter of the FY, for the last 2 years, will not happen anymore.
This is good and bad. Good as applicants with older PD with get their GC. Bad, as applicants with recent PD will wait forever to file their 485.
We are in for a very long wait. And this is amidst growing economic crisis, 485 denials based on AC21 etc.
Good luck everyone!
http://www.immigration-information.com/forums/showthread.php?p=24000&posted=1#post24000
I doubt this.
Also, looks like USCIS is upgrading their database in an effort to centralize all information that are currently scattered all over. This, they believe, would help them to predict number of cases, category wise, and hence predict VISA cut off dates precisely.
If this happens, I believe, the spurt of approvals that we were seeing during the last quarter of the FY, for the last 2 years, will not happen anymore.
This is good and bad. Good as applicants with older PD with get their GC. Bad, as applicants with recent PD will wait forever to file their 485.
We are in for a very long wait. And this is amidst growing economic crisis, 485 denials based on AC21 etc.
Good luck everyone!
more...
MightyIndian
11-05 06:11 PM
Is VFS the only site to book appointments (for HYD) as well ? I hear the news that HYD is operational but I don't see it in on VFS website to take an appointment - I need one for 1st week of Dec
I beleive the Hyderabad Consulate will be fully functional only by the end of 2008. So we can assume that it starts offering visa services in early 2009. Until then the web site suggests to go to Chennai Consulate.
http://hyderabad.usconsulate.gov/visa_services.html
I beleive the Hyderabad Consulate will be fully functional only by the end of 2008. So we can assume that it starts offering visa services in early 2009. Until then the web site suggests to go to Chennai Consulate.
http://hyderabad.usconsulate.gov/visa_services.html
myimmiv
12-17 02:22 PM
Arrived at IAD POE with 5 days left on AP before expiry. No problems. You will get 1 full year from the date of entry on I-94 irrespective of expiration date on AP.
Did you mean DIA POE ?
Did you mean DIA POE ?
more...
cagedcactus
11-09 09:17 AM
this sounds a bit complicated and I doubt anyone here is qualified enough to give you a true answer.
Maybe talking to several lawyers will help you in best manner. I had a similar scenario. Although I had the original labor. (not substituted)
I paid a few laywers their time, and went to talk with them.
They suggested an appeal with explanation, and proper supporting documents.
Talk with your lawyer. Your company must show the ability to pay, through all the tax returns, and incomes and all that jazz...
Maybe talking to several lawyers will help you in best manner. I had a similar scenario. Although I had the original labor. (not substituted)
I paid a few laywers their time, and went to talk with them.
They suggested an appeal with explanation, and proper supporting documents.
Talk with your lawyer. Your company must show the ability to pay, through all the tax returns, and incomes and all that jazz...
kumar1
11-05 10:04 AM
For a long time, between 2001 to late 2004, All PDs (EB1-EB5) were current. Main reason for this was, labor certification used to take 2-4 years during that time. If you do not have labor certification coming out, you always have visa numbers available. Just when PERM hit, retrogression came in to the picture.
more...
pcs
04-28 07:54 PM
Guys please call your friends
chi_shark
04-28 11:29 AM
"approvable" is the right term.
what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.
what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.
more...
dhirajgrover
10-16 12:26 PM
- 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
- Would I get the fingerprinting notice directly or would my employer receive it?
- What other formalities would be left after (assuming) 485/765 are approved?
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
- Would I get the fingerprinting notice directly or would my employer receive it?
- What other formalities would be left after (assuming) 485/765 are approved?
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
Macaca
04-27 01:27 PM
MIT Dean Says She Lied on R?sum?, Quits (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/26/AR2007042602333.html), Associated Press, Friday, April 27, 2007
Marilee Jones, a prominent crusader against the pressure on students to build their r?sum?s for elite colleges, resigned yesterday as dean of admissions at the Massachusetts Institute of Technology after acknowledging she had misrepresented her academic credentials.
Jones has been a popular speaker on the college-admissions circuit, urging parents not to press their kids too hard, and has told students there are more important things than getting into the most prestigious colleges. She rewrote MIT's application to get students to reveal more about their personalities and passions and to de-emphasize lists of their accomplishments.
But Jones, dean since 1997, issued a statement saying she had misrepresented her credentials when she came to work at MIT 28 years ago and "did not have the courage to correct my r?sum? when I applied for my current job or at any time since."
MIT Chancellor Phillip L. Clay said in a telephone interview that another MIT dean had received a phone call questioning Jones's credentials, prompting an inquiry that took several days. It found that Jones had claimed to have degrees from Union College, Rensselaer Polytechnic Institute and Albany Medical College, but she had no degrees from any of those schools.
Jones had become one of the most public voices urging parents, students and especially colleges themselves to "lower the flame" surrounding college admissions.
Last year, she co-authored a book on the subject, "Less Stress, More Success: A New Approach to Guiding Your Teen Through College Admissions and Beyond."
"We're raising a generation of kids trained to please adults," Jones told the Associated Press in an interview last year. "Every day, kids should have time when they're doing something where they're not being judged. That's the big difference with this generation. They're being judged and graded and analyzed and assessed at every turn. It's too much pressure for them."
Marilee Jones, a prominent crusader against the pressure on students to build their r?sum?s for elite colleges, resigned yesterday as dean of admissions at the Massachusetts Institute of Technology after acknowledging she had misrepresented her academic credentials.
Jones has been a popular speaker on the college-admissions circuit, urging parents not to press their kids too hard, and has told students there are more important things than getting into the most prestigious colleges. She rewrote MIT's application to get students to reveal more about their personalities and passions and to de-emphasize lists of their accomplishments.
But Jones, dean since 1997, issued a statement saying she had misrepresented her credentials when she came to work at MIT 28 years ago and "did not have the courage to correct my r?sum? when I applied for my current job or at any time since."
MIT Chancellor Phillip L. Clay said in a telephone interview that another MIT dean had received a phone call questioning Jones's credentials, prompting an inquiry that took several days. It found that Jones had claimed to have degrees from Union College, Rensselaer Polytechnic Institute and Albany Medical College, but she had no degrees from any of those schools.
Jones had become one of the most public voices urging parents, students and especially colleges themselves to "lower the flame" surrounding college admissions.
Last year, she co-authored a book on the subject, "Less Stress, More Success: A New Approach to Guiding Your Teen Through College Admissions and Beyond."
"We're raising a generation of kids trained to please adults," Jones told the Associated Press in an interview last year. "Every day, kids should have time when they're doing something where they're not being judged. That's the big difference with this generation. They're being judged and graded and analyzed and assessed at every turn. It's too much pressure for them."
go_guy123
04-17 08:23 PM
True. Best possible window of action may be immediately after a Democratic victory in 08. Probably will take another Clinton to undo what the first Clinton wrought with 245(i).
2 consecutive victories may make Demoractic party more confident and may be more willing to pass some GC reform. As of now with so much in
stake and getting power after more than 10 years they are more cautious.
Example: Nancy wants to take up the Bush immigration agenda only if he manages 70 GOP votes as they dont want to be branded as amnesty party
in 2008. As of now things are going in their war because of the mess in iraq
resulting is massive independent voters more inclined towards DNC.
DNC had good chance to take over WH, Senate , Congress. If the DNC primaries elect a decent guy like John Edwards ( H Clinton and Obama
wont make it at national level )
2 consecutive victories may make Demoractic party more confident and may be more willing to pass some GC reform. As of now with so much in
stake and getting power after more than 10 years they are more cautious.
Example: Nancy wants to take up the Bush immigration agenda only if he manages 70 GOP votes as they dont want to be branded as amnesty party
in 2008. As of now things are going in their war because of the mess in iraq
resulting is massive independent voters more inclined towards DNC.
DNC had good chance to take over WH, Senate , Congress. If the DNC primaries elect a decent guy like John Edwards ( H Clinton and Obama
wont make it at national level )
ingegarcia
12-13 12:00 PM
How can a illegal obtain a paycheck without using a stolen SSN, so there is no way CIR can pass in its current state which allows for a guest worker program. This would mean that any illegal who has stolen a SSN would not be eligible for Guest Worker program - which would be over 90% of illegals.
They usually do not receive a paycheck they receive cash instead :D .
They usually do not receive a paycheck they receive cash instead :D .
WAIT_FOR_EVER_GC
08-05 01:42 PM
when we do not know what is in the bill why are we assuming he will be calling for
adjustment of status to Legal Immigrants.
Grow up.................
If the title of this thread is what is in the bill then there are so many hurdles before it will even be voted on.
So relax and smile like pappu :) :)
adjustment of status to Legal Immigrants.
Grow up.................
If the title of this thread is what is in the bill then there are so many hurdles before it will even be voted on.
So relax and smile like pappu :) :)
