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  • sac-r-ten
    03-22 11:03 AM
    Thanks Sac-e-ten,
    My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...

    Yes, i think you have to appeal through a lawyer.

    1. BTW what questions were asked to you during interview?

    2. Also the denial says " the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with a appropriate laws and regulations". Do they mention what law? Does it mention employee-employer relationship?

    If employer is not showing interest, then you have to talk to the employer about hiring your own lawyer and filing appeal and/or new h4 petition for you.

    Also, there is free-attorney sessions every 1st 3 thursdays of the month here on IV. check with ivcoordinator@gmail.com for that.

    Also, don't call anybody Sir out here. we are all in diff sections of the same boat called Immigration sailing against tide called USCIS.

    Hope things get resolved for you.Good luck.





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  • piyu7444
    07-03 01:59 AM
    it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.

    Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.





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  • PlainSpeak
    02-24 09:21 AM
    Hi,
    Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.

    With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.

    My question:
    1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
    2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
    3. The designation & job duties can be the same as that of EB3 or need to be changed.

    Thanks in advance!

    For clarification .....

    Which company do you work? I only ask because i thought Programmer/Analyst and Sr Programmer/Analyst are only eligible for EB3. I was one more step ahead Apps Dev Cons (which is a system manager postion) and that was also consIdered EB3





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  • virald
    10-05 11:13 PM
    our paroles were updated on the website as being mailed on sept26, we still haven't received them but we did receive ead cards which were approved on sept 28. No sign or notice of AP yet

    Did your lawyer receive AP? I am sure you must have inquired but, just :confused:curious.



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  • karanp25
    06-16 11:57 PM
    LOL...that's the best reply you could come up with? "You are not looking for experiences but relevant information" - what else could be more relevant than an experience?

    BTW, that isn't my experience, but it may very well be yours given that the list of questions you have are rather irritating.

    Do you really think your anxiety and you tracking every step (name check, BG check, assignment to officer...blah blah) of you GC will really get you the GC faster? I seriously doubt that.

    But after thinking a bit more - i now understand your plan. Your list of questions may impress the infopass immigration officer, and the officer may recommend that you should be hired by USCIS as an IO, given that you are more familiar than him/her with the immigration process. Once you are hired, you plan to approve your own GC? Isn't that true?

    I am impressed.





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  • on_h1b_since_1998
    02-08 03:11 PM
    Thanks guys for the quick reply. Just one thing I would like to clarify. My old company was not acquired by the new one. It shut down and the client for which I was working then, transferred my H1B and employed me.



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  • GCBy3000
    09-15 03:49 PM
    Everybody knows about legals and illegals. Will it gain any grounds for them to get big vote this november is important. The SKIL bill or any legal provisions in the CIR will not fetch even a single vote for them. In fact it MAY reduce the vote from anti immigrant groups if they add anything for legals.

    So I strongly doubt either house or senate to include any provisions related to legal immigrants at this point. Nobody wants to take a chance at this juncture of election period. From politicians point of view, it is better for them to maintain status quo now rather than including something which might create a huge noise later during the election period.

    So keep on talking about this. Nothing is going to happen till March 07. Even after march, we have to start with some new bills and start the work on educating the senators and others about legal immigration issues. At this point,I think we are back to square one and our hands are tied up till they decide to talk about legals.





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  • billbuff123
    07-29 11:43 AM
    As long as your marriage date is prior to your 485 approval date and the dates are current(means your priority date) you can apply for spouse 485.

    I am also in the same boat and I am waiting my priority date to be current.

    I got my 485 approved

    Thanks,
    Bill



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  • yabadaba
    05-21 07:29 AM
    was this when you were entering canada?





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  • waitingnwaiting
    11-16 01:35 PM
    ABC NEWS: Will Congress Vote on DREAM Act for Illegal Immigrants in 2010?

    Senate Majority Leader Reid, Speaker Pelosi Weigh Lame-Duck Vote on Immigration

    By DEVIN DWYER

    WASHINGTON, Nov. 15, 2010�

    Senate Vote on DREAM Act, Immigration in Lame-Duck Congress? - ABC News (http://abcnews.go.com/Politics/senate-vote-dream-act-immigration-lame-duck-congress/story?id=12136182)



    They came through for him during a tight reelection campaign in Nevada. Now Hispanic voters are looking to Senate Majority Leader Harry Reid to return the favor.



    Reid has promised a Senate vote this year on a small piece of immigration legislation known as the DREAM Act, which would give hundreds of thousands of undocumented immigrants a conditional path to legal residency.



    "The answer is yes," Reid told Univision host Jorge Ramos in October when pressed about whether there will be a vote. "I have the right to bring that up any time I want."



    As Congress reconvenes this week for the final session of the year, Reid now has roughly a month to make good on his promise.



    Many immigrants and immigrant advocates, particularly Hispanics, have been disappointed by Congress' inaction on legislation to address the situation of millions of the country's undocumented immigrants, particularly those who are young children.



    However, Republican opposition to efforts to legalize undocumented immigrants, a packed end-of-year legislative agenda and a bleak track record for controversial bills during lame-duck sessions all cast doubt on chances of the bill's passage this year.



    The DREAM Act would grant legal status to immigrants who complete college or at least two years of military service and maintain "good moral character." It would apply to immigrants younger than 36 years old who arrived in the U.S. illegally as children under the supervision of their parents.



    "We are very confident this will come up for a vote," said Flavia de la Fuente of the adovacy group DreamActivist.org. "We are confident that the American people and that the moderate GOP will make the right choice when it comes to investing in the future of this country."



    Reid attempted to attach the measure as an amendment to the defense authorization bill in September, drawing intense protest from Republicans, who accused the Democrat of playing pre-election politics.



    Ultimately, Republicans blocked the effort to bring the defense bill to the floor for debate, precluding a chance of adding the DREAM Act. The bill also included a repeal of the military's "don't ask don't tell" policy.



    "We're going to vote on the Dream Act; it's only a question of when," Reid said after the vote. "It's a question of fairness. This is not the end of this."



    Many activists on both sides of the issue agree, however, that chances of the bill's passage are only going to grow dimmer with an influx of Republicans set to join the House and Senate in January.





    Roy Beck, president of Numbers USA, a group that favors tighter immigration controls and supports Republicans' efforts to block the DREAM Act, said the measure is flawed.



    "Some of these [immigrants] are compelling cases, no doubt about it," said Beck. "But you've got to draw some lines a lot narrower than the DREAM Act draws them. This is about giving millions of illegal aliens permanent work permits, and I don't think in this economy that this is a very happy time to be doing that."



    President Obama supports the legislation, as does Defense Secretary Robert Gates, who says it would help recruitment, and Education Secretary Arne Duncan, who says it's "the right thing to do for our country."



    But it's unclear whether the administration will push behind the scenes in the weeks ahead to make it a legislative priority. The Congress already faces challenging debates over whether to extend the Bush tax cuts, fund the federal government through 2011, and approve a controversial defense spending bill.



    "The president supports the DREAM Act and I support the DREAM Act. The president supports immigration reform, and I support immigration reform. And how Congress takes that up is for the Congress and the leadership to decide," said Homeland Security Secretary Janet Napolitano in September.



    The DREAM Act has received some bipartisan Senate support in the years since it was first introduced in 2001. It was approved as part of immigration reform bill in 2006, but the package later failed in the House. In 2007, the Act was filibustered when it came up for an up-or-down vote.



    Speaker Nancy Pelosi has decided not to list DREAM Act as a priority for this week, a senior Democratic aide told ABC News. But it could come up after Thanksgiving.



    According to the nonpartisan Migration Policy Institute, about 2 million of the nearly 11 million undocumented immigrants currently living in the U.S. could be eligible for legalization under the DREAM Act.



    The group also estimates, however, that only 825,000 of those immigrants would ultimately take advantage of the law if it were enacted.



    ABC News' John Parkinson contributed to this report.




    DESERT NEWS: Sign the Utah Compact

    Published: Sunday, Nov. 14, 2010 12:00 a.m. MST

    Sign the Utah Compact | Deseret News (http://www.deseretnews.com/article/700081235/Sign-the-Utah-Compact.html)



    Already recognized by Forbes Magazine as the top state in the nation for business, Utah further burnished its reputation for pro-family and pro-growth policies this week as civic, business and religious leaders signed the Utah Compact, a declaration for principled immigration reform.



    Historically, during periods of economic recession, business leaders and policy-makers have reverted to what economists call zero-sum thinking � the belief that one person gains only when another loses. When we only have so much pie, it is entirely rational to worry about how the pieces are divvied out. And when the pie is shrinking, the rules for who gets a slice become even more critical.



    Fixed-pied concerns are undoubtedly part of what lies behind the complex debate about immigration. There is understandable fear that immigrants might take increasingly scarce jobs and resources from citizens. And any public expenditure on immigrants, whether through social services or law enforcement, draws down a limited public treasury that deserves scrupulous stewardship.



    But people also intuitively understand that the best way to ensure more pie over the long term is not to hoard what is being served right now, but instead figure out how to expand the pie. This is what economists call positive-sum thinking � the belief that through exchange we can expand the pie, not simply fret about how it is divided.



    The recent recession, followed by a jobless recovery, has served up a fixed-pie economy. But zero-sum or fixed-pie thinking is never the path toward sustained prosperity. And as many of Utah's prominent civic, business, and religious leaders signed a declaration on immigration reform called the Utah Compact, they sent a powerful signal to the world that Utah embraces positive-sum, pie-expanding thought and policies. Instead of creating a hostile environment for immigrants, they have outlined thoughtful principles that embrace the promise afforded through immigration. They have sided with the consensus view of pro-growth free-market economists who recognize that immigration actually creates jobs and revenue. (www.nytimes.com/2010/10/31/business/economy/31view.html)



    Even more important than the powerful economic growth message inherent in the Utah Compact is its embrace of those core values that support a free, humane and prosperous society: respect for the rule of law, respect for families, respect for individual liberty and respect for the dignity and humanity of each individual. It emphasizes an orderly approach to the critically important concerns of enforcement and security.



    The Utah Compact is not itself a policy � it is a thoughtful declaration of principles that lawmakers should use as they work to craft pragmatic legislation that helps our state deal with the problems and promise afforded by immigration. We are impressed by the array of distinguished civic, business, and ecclesiastical leaders who have signed the Utah Compact or endorsed its principles. We encourage our readers to read the Utah Compact (The Utah Compact - Read the Utah Compact (http://www.utahcompact.com)) and sign it.



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  • dealsnet
    07-23 02:12 PM
    See this thread for it.
    http://immigrationvoice.org/forum/forum105-immigrant-visa/200436-abandoning-aos-how-to-withdraw-i-485-options.html#post528499

    In the stated situation, I would opt for changing the I-485 case to consular processing.





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  • lostinbeta
    10-20 02:55 AM
    I am seriously considering downloading 7 just to try out the program :)

    Thanks for the version info edwin, I might just search around for version 6 and see if I can get it cheaper than version 7 ( US$479.00 ).



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  • pragir
    12-12 04:10 PM
    There are literally no unapproved cases for EB2 India in before Jan 2000. There are a number of them in 2000/01/02. So, I think moving the date back to Jan 2000 is a way for DOS to pretty much shut off the spigot before they start opening it up slowly again.

    I think that for the rest of the year, they will advance the PD for EB2-India month by month so they dont have a glut of demand for visa numbers.





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  • desi3933
    03-03 12:42 PM
    LC approved in 2006, can I still apply for I-140?

    No.



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  • lostinbeta
    10-03 01:49 PM
    <FONT FACE="Verdana" STYLE="font-size: 10px">Very Evil:evil:</FONT>
    <div style="width: 300; font-size: 10px; font-family: Verdana; color: #9E9E9E; Filter: FlipV">Very Evil:evil:</div>





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  • HereIComeGC
    03-26 01:49 PM
    How did you come to this conclusion?

    From previous experiences, USCIS will work like crazy and use up all
    visa numbers for EB2. Like they did last September - approving 60000 or so appplications.



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  • wc_user
    07-30 07:56 PM
    All,

    Any idea on how far the EB3-India PD will go between Oct 2009 and Sept 2010 ?





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  • Ψ
    06-06 12:16 PM
    well i didnt see that ........my bad..........stupid me.........:jail:





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  • sankap
    07-13 11:28 AM
    I'm not sure if Indian citizens are eligible to apply for an investment visa here...





    trexx7
    12-24 01:15 PM
    I think when you renew the H1B with the same employer. You are back to H1B status from Parolee status. SO I guess you can do a H1B extension with a different company later...just my thoughts





    irock
    08-09 02:30 PM
    From posts here, it seems they used to give 3 year based on approval date rather than date of filing. But USCIS recent faq says that they will look for date of filing. May be all the IOs don't yet know the latest rule/FAQ.
    btw, I applied my H1 extension on July 11th and approved on Aug 3rd. Got three year extension. Go figure.



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