optimystic
03-19 03:13 PM
Its unfortunate that you have a very recent RD. I talked to an IO at NSC yesterday and i was told that they will process the case based on the order they recieved. So they go by RD. If this is true then i guess you will have to wait some more time. Because thousands of people applied I-485 between June first to July 30.
Sure, but Nebraska, where my case is at, has a processing date of July 30 07, same as my receipt date. So I assume they must be processing cases that are filed on the same day as mine at this point. So at the most the number of cases before mine is the total number of cases filed on the same day as mine at the Nebrasks service center , right? I mean it could still be a huge number of cases, but they have been on July 30 date for almost a month now. I hope they are getting close to my case.
On a side note, do these Processing dates also retrogress? When are they updated? Along with Visa bulletin updates?
Sure, but Nebraska, where my case is at, has a processing date of July 30 07, same as my receipt date. So I assume they must be processing cases that are filed on the same day as mine at this point. So at the most the number of cases before mine is the total number of cases filed on the same day as mine at the Nebrasks service center , right? I mean it could still be a huge number of cases, but they have been on July 30 date for almost a month now. I hope they are getting close to my case.
On a side note, do these Processing dates also retrogress? When are they updated? Along with Visa bulletin updates?
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bmoni
12-22 12:27 PM
Thank you so much GC_2007.
hoolahoous
03-18 11:20 PM
if H1b withdrawal is mandated then why do most of the employer's do not do it ?
shouldn't it put them in a legal situation ?
here is what I found on one of the murthy's posts
According to Department of Labor (DOL) regulations, an employer must continue to pay the H1B worker until there is a �bona fide� termination of the employment relationship. It is not clear exactly what constitutes a �bona fide termination,� but one viewpoint is that termination occurs on the day the employer notifies the H1B employee that the position has been terminated and all obligations for payment of wages terminate on the date of employment termination. The other viewpoint is that a termination only occurs when the H1B employer notifies the INS of the termination, the H1B petition is cancelled and the employer complies with the return airfare obligation for the employee. Please note that INS does not expressly spell out the options and therefore this is an unclear area of immigration law. As it can take several months for the INS to act on a revocation request, employers generally do not continue to pay wages until INS takes action. The employer usually notifies the employee of the termination date and discontinues any salary or other payments at that time. Thereafter, they notify INS.
shouldn't it put them in a legal situation ?
here is what I found on one of the murthy's posts
According to Department of Labor (DOL) regulations, an employer must continue to pay the H1B worker until there is a �bona fide� termination of the employment relationship. It is not clear exactly what constitutes a �bona fide termination,� but one viewpoint is that termination occurs on the day the employer notifies the H1B employee that the position has been terminated and all obligations for payment of wages terminate on the date of employment termination. The other viewpoint is that a termination only occurs when the H1B employer notifies the INS of the termination, the H1B petition is cancelled and the employer complies with the return airfare obligation for the employee. Please note that INS does not expressly spell out the options and therefore this is an unclear area of immigration law. As it can take several months for the INS to act on a revocation request, employers generally do not continue to pay wages until INS takes action. The employer usually notifies the employee of the termination date and discontinues any salary or other payments at that time. Thereafter, they notify INS.
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bmoni
01-28 06:28 PM
First thing, call one of the high powered attorneys discuss with them what options you have.
I think there is a recent court ruling that will favor you in fighting the USCIS decisions.
This is the first time we're (I'm) seeing such a denial notice related to the recent memo. So who ever thinks this is just a memo or USCIS reiterating existing rules. Rethink your stand. I'm sure more people will wake up soon.
Keep up the hope. Don't wait if possible try to apply for another new H1B.
Thanks for posting the denial notice. I feel your pain. Again don't lose your hope keep up the fight. If you hear any updates please do post them.
I think there is a recent court ruling that will favor you in fighting the USCIS decisions.
This is the first time we're (I'm) seeing such a denial notice related to the recent memo. So who ever thinks this is just a memo or USCIS reiterating existing rules. Rethink your stand. I'm sure more people will wake up soon.
Keep up the hope. Don't wait if possible try to apply for another new H1B.
Thanks for posting the denial notice. I feel your pain. Again don't lose your hope keep up the fight. If you hear any updates please do post them.
more...
GCwaitforever
12-14 05:08 PM
1. You can write to USCIS to extend your OPT period.
If your home country has a problem - like Famine, Earth Quake, Tsunami, Military Coup or another civil unrest, you can claim hardship in returning to your home country and ask for extension on that basis. God forbid, let us pray nothing like that should happen in your home country just for the sake of your OPT extension.
I do not know the validity of your status during your request for extension. Will the EAD be considered extended automatically till USCIS answers your request? Check with your student advisor as some students might have done this before.
2. Ask your company to put you under training (H-3 Visa). This has come up quite a few times in this forum.
If your home country has a problem - like Famine, Earth Quake, Tsunami, Military Coup or another civil unrest, you can claim hardship in returning to your home country and ask for extension on that basis. God forbid, let us pray nothing like that should happen in your home country just for the sake of your OPT extension.
I do not know the validity of your status during your request for extension. Will the EAD be considered extended automatically till USCIS answers your request? Check with your student advisor as some students might have done this before.
2. Ask your company to put you under training (H-3 Visa). This has come up quite a few times in this forum.
desi3933
02-25 09:07 PM
......
what are the options for me?
can I apply for a H1b transfer?
please help
When was your H1-B amendment denied?
What is your current LCA salary vs. original LCA Salary?
what are the options for me?
can I apply for a H1b transfer?
please help
When was your H1-B amendment denied?
What is your current LCA salary vs. original LCA Salary?
more...
akilaakka
10-05 08:04 AM
Recently a friend of mine hot has GC approved. He is EB2, PD Dec 2005.
Nothing makes sense.
Thanks
Senthil
Nothing makes sense.
Thanks
Senthil
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Hermione
09-27 11:09 AM
Is there anyway we can help the family featured in this thread? Like helping them with funds to hire a good lawyer or something on those lines? Reading all the threads, I am somehow thinking of going for the Indian dream now (Yes, I have the Indian citizenship)!!! 6 years and my wife still does not know if she can live in this country or not!!!
Hold your hourses until you hear the true story of this family. As I said, I tried to find their court decision online (court decisions are public documents), and it was not there. It means that they gave assumed names, also it probably means that they do not want people to read their court documents. I personally have seen asylum cases, and let me tell you, some of them are so full of lies, you would not belive your eyes (I have seen a guy who claimed his wife was beaten and denied medical services - he has never been even married!). I think their story goes like this - they came on tourist visas to visit her family, after that they stayed illegally for 2-3 years saving money to pay the lawyers, after that they paid a crooked attorney to buy some fake "proof" that they were persecuted and applied for assylum. Their application went to court, where judge suspected something was fishy. He probably asked for additional proof or obtained evidence that their documents were fake, and denied the case. That's kind of typical story for a denied asylum, and I would be very-very careful in trying to help them personally. If they get some relieve as a result of a broader legislation, like 245(i), I would not mind it at all (they will, because they have a pending I-130), but helping them while not helping people who decided not to go out with swinging lies and just stayed illegally... I would stay away from it.
The article itself is pretty good, though.
Hold your hourses until you hear the true story of this family. As I said, I tried to find their court decision online (court decisions are public documents), and it was not there. It means that they gave assumed names, also it probably means that they do not want people to read their court documents. I personally have seen asylum cases, and let me tell you, some of them are so full of lies, you would not belive your eyes (I have seen a guy who claimed his wife was beaten and denied medical services - he has never been even married!). I think their story goes like this - they came on tourist visas to visit her family, after that they stayed illegally for 2-3 years saving money to pay the lawyers, after that they paid a crooked attorney to buy some fake "proof" that they were persecuted and applied for assylum. Their application went to court, where judge suspected something was fishy. He probably asked for additional proof or obtained evidence that their documents were fake, and denied the case. That's kind of typical story for a denied asylum, and I would be very-very careful in trying to help them personally. If they get some relieve as a result of a broader legislation, like 245(i), I would not mind it at all (they will, because they have a pending I-130), but helping them while not helping people who decided not to go out with swinging lies and just stayed illegally... I would stay away from it.
The article itself is pretty good, though.
more...
chandrajp
06-25 09:38 AM
As we all know that priority dates became current in the latest visa bulletin. My lawyer made all my paper work ready and is about to file my paperwork with USCIS today. I am not sure if we can file the application a week before it actually becomes current.
I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?
I read in Sheila Murthy web site that she herself knows a case wherein the applicant sent the I485 application just a day before and his/her application got rejected and was penalized in such a way that his application was accepted only a year later.
I heard some people say that it's actually allowed to file 3 or 4 days before it becomes current. I also read reports that some people's application was rejected because it was sent too early. I am not sure what to believe here. Does anybody has any information on this?
I read in Sheila Murthy web site that she herself knows a case wherein the applicant sent the I485 application just a day before and his/her application got rejected and was penalized in such a way that his application was accepted only a year later.
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smsthss
06-25 10:25 AM
why is every one trying to rush in the application for I-485 by july 1st. The dates are goin to be current from July 1st Thro July 31st.
Am i missing something ?? My attorney is preparing documents to apply by first week of july. Am i missing something grave here by not applyin on 1st July????? Please reply.
Am i missing something ?? My attorney is preparing documents to apply by first week of july. Am i missing something grave here by not applyin on 1st July????? Please reply.
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wooster
07-09 09:52 PM
I had the same thing happen to me, applied PP on June19, it reached on 20th got approved on June21. Status still shows pending, but the lawyer got the approval notice with an A# to boot...
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mambarg
07-27 08:14 PM
How about if Company closes down ?
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gcformeornot
05-14 10:20 AM
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1403687-new-blow-for-us.html
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yanj
12-14 09:38 AM
Now I am working for a company in OPT .
have 24 days GAP.
How can I do to solve it ?
have 24 days GAP.
How can I do to solve it ?
more...
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waitin_toolong
08-01 10:00 AM
she has to go alone if you dont need a stamp.
filing for I-485 should not cause problems.
My advice do wait till you get the receipt.
filing for I-485 should not cause problems.
My advice do wait till you get the receipt.
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wellwishergc
04-03 09:50 AM
I think, it makes more sense for us to strive for 'I-485 filing without PD being current' and 'removal of hard country quota' issues rather than striving for the 'self GC application'..
Let us focus on issues which is an extension of the current framework for legal immigration. I do not think it will be in our interest to compare our provisions with the ones of undocumented workers.
Just my opinion!!!; IV core team can best decide on the approach. Is there any updates on our attempts to ammend for the 'I-485 filing clause' and the 'removal of hard country quota' clause?
Yes if you are able to prove your illegal stay here and willing to wait for 6 years before applying for your GC, then you can do go this route. Also remember, it is possible that as of now there is no specific category under which these undocumented people can file their GCs. It is possible that you might have to wait another god know how many years before you actually get it.
Let us focus on issues which is an extension of the current framework for legal immigration. I do not think it will be in our interest to compare our provisions with the ones of undocumented workers.
Just my opinion!!!; IV core team can best decide on the approach. Is there any updates on our attempts to ammend for the 'I-485 filing clause' and the 'removal of hard country quota' clause?
Yes if you are able to prove your illegal stay here and willing to wait for 6 years before applying for your GC, then you can do go this route. Also remember, it is possible that as of now there is no specific category under which these undocumented people can file their GCs. It is possible that you might have to wait another god know how many years before you actually get it.
more...
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DDLMODES
07-09 10:01 PM
Dude, please read completely. He said there was no update on USCIS case status check online but he got approval notice. Isnt that strange?
Dude, is not strange for USCIS. I know a guy who has the approval for 6 months and the case is still in process online.
Dude, is not strange for USCIS. I know a guy who has the approval for 6 months and the case is still in process online.
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reddyram
07-19 01:36 PM
There are too many If's and Buts over here.
If you confront your company telling them you want to leave , they will immediately summon you to return back to India. There is NO WAY where you can be in US, X fer H1 and keep them happy..IMHO ..I doubt any.They have very strict dictum because this the biggest fear - ur using them instead of them using u .
So u can respectfully return back to India , to keep them happy and then start all over again OR
u can do some hunting :
<> Prev WIPRO employees "Jumping" record. What happened to them
<> Date some HR , BA pass , aunty over there . "Make her happy aunty " every day and night :D and then she will tell u , in realistic terms how ur company pursues cases like u so u know what is the likely outcome.
If you confront your company telling them you want to leave , they will immediately summon you to return back to India. There is NO WAY where you can be in US, X fer H1 and keep them happy..IMHO ..I doubt any.They have very strict dictum because this the biggest fear - ur using them instead of them using u .
So u can respectfully return back to India , to keep them happy and then start all over again OR
u can do some hunting :
<> Prev WIPRO employees "Jumping" record. What happened to them
<> Date some HR , BA pass , aunty over there . "Make her happy aunty " every day and night :D and then she will tell u , in realistic terms how ur company pursues cases like u so u know what is the likely outcome.
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drirshad
08-08 11:16 AM
how much is 40 credits ...........
ARUNRAMANATHAN
06-12 07:24 AM
immigration1111
Please confirm this .... couple of things USCIS grants for professional with this situvation
1) He can file a petition saying that his skill sets are still needed here and are in demand and request to grant him X no of months of stay (I belive that it is 3 Months )
2) Even if he is out of status for less 180 Days it is ignored by USCIS during the process of GC9I know this not relavant to your question, but just in case if you are not aware
3) USCIS looks for just the pervious month pay slip .... Say he is OO job June 1st week .... He can file for the H1B Transfer untill end of July ....
Ofcourse he would be safe if the pervious H1B is not canceled .... As he reigned he should be in OK terms with his employee
Hope this helps and Good Luck to him !
Arun
Please confirm this .... couple of things USCIS grants for professional with this situvation
1) He can file a petition saying that his skill sets are still needed here and are in demand and request to grant him X no of months of stay (I belive that it is 3 Months )
2) Even if he is out of status for less 180 Days it is ignored by USCIS during the process of GC9I know this not relavant to your question, but just in case if you are not aware
3) USCIS looks for just the pervious month pay slip .... Say he is OO job June 1st week .... He can file for the H1B Transfer untill end of July ....
Ofcourse he would be safe if the pervious H1B is not canceled .... As he reigned he should be in OK terms with his employee
Hope this helps and Good Luck to him !
Arun
Dhundhun
09-21 12:26 AM
Wow it almost sounds like attaining Nirvana (moksha). May be USCIS/DOS/DHS/Us Govt should name it as Nirvana Card.
Sometimes question might be very simple, but there could be deep meaning associated with that. I think every one in this forum understands what is the meaning of GC. So the question seemed to me of more philosophical in nature.
One of the best example of this type of question about an elephant (http://en.wikipedia.org/wiki/Blind_Men_and_an_Elephant). Almost every one knows what is an elephant, how a blind man perceives is explained in that URL.
This is like a question what is project success?
- For investor/owner, it is money
- For management, it is successful completion perhaps in time and in budget
- For engineer, it is promotion, recognition and sometimes rewards
Similarly GC stands simply for Green Card (in our context), but for different people, it can have different meaning:
- Worst case a guy gets GC just one day before marriage - forcing seperations for years
- Best case - perhaps freedom from slavery
Sometimes question might be very simple, but there could be deep meaning associated with that. I think every one in this forum understands what is the meaning of GC. So the question seemed to me of more philosophical in nature.
One of the best example of this type of question about an elephant (http://en.wikipedia.org/wiki/Blind_Men_and_an_Elephant). Almost every one knows what is an elephant, how a blind man perceives is explained in that URL.
This is like a question what is project success?
- For investor/owner, it is money
- For management, it is successful completion perhaps in time and in budget
- For engineer, it is promotion, recognition and sometimes rewards
Similarly GC stands simply for Green Card (in our context), but for different people, it can have different meaning:
- Worst case a guy gets GC just one day before marriage - forcing seperations for years
- Best case - perhaps freedom from slavery
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