eilsoe
02-05 06:05 AM
*just 11 more votes, just 11 more votes!!*
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arihant
06-20 02:38 PM
Logiclife,
I am planning to apply for my 485 and wife's EAD/AP through my employer's lawyer. My employer will not do my EAD. I hear that we can file our EAD/AP ourselves after we get our 485 receipt. If I do that, how do I let USCIS know to send any RFEs to me or my lawyer and bypass the previous G-28?
TIA
But, I will try to answer based on what I think you are asking.
If you just want to apply for EAD/AP for yourself on your own, then that is fine. You will get all communications relating to your EAD/AP application directly to you.
For the applications being filed by the lawyer, one G-28 form is filed with each application. So, you would have one for your 485, your wife's 485, your wife's EAD and your wife's AP. There will be no G-28 for your EAD/AP as you would not have filed it through your lawyer. There will be bno G-28 for your EAD and AP as you are filing yourself.
BTW, it is strange that they will do your wife's EAD/AP and not yours!
I am planning to apply for my 485 and wife's EAD/AP through my employer's lawyer. My employer will not do my EAD. I hear that we can file our EAD/AP ourselves after we get our 485 receipt. If I do that, how do I let USCIS know to send any RFEs to me or my lawyer and bypass the previous G-28?
TIA
But, I will try to answer based on what I think you are asking.
If you just want to apply for EAD/AP for yourself on your own, then that is fine. You will get all communications relating to your EAD/AP application directly to you.
For the applications being filed by the lawyer, one G-28 form is filed with each application. So, you would have one for your 485, your wife's 485, your wife's EAD and your wife's AP. There will be no G-28 for your EAD/AP as you would not have filed it through your lawyer. There will be bno G-28 for your EAD and AP as you are filing yourself.
BTW, it is strange that they will do your wife's EAD/AP and not yours!
hiralal
04-19 09:30 PM
Hey Bozo - I've been following IV for about 2 years now using my spouse's ID - I just created one for myself today - My wife and I have contributed to IV also. Know the facts before shooting your mouth off - NUT JOB!!!
good effort and a superb reply
good effort and a superb reply
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jai007
12-20 02:48 PM
Recently I had a very bad experience with CGI Houston. The CGI Houston is one of the horrible consulate that any one can imagine. I applied PIO card for my new born. I forgot to send the birth certificate with the application. They rejected the application and sent all my documents to my friends home address who was also applied PIO card for his child. Surprisingly he got one more guy�s (he is from another state) PIO card application and documents in the same package. I was lucky enough that it reached my friends hand. Otherwise I could not imagine what would have happened to my application and also the Certified Check.
I don�t know the consulate want to save courier money or they are irresponsible?
I don�t know the consulate want to save courier money or they are irresponsible?
more...
immilaw
09-14 03:30 PM
I have several friends who were waiting for GC desparately and they thought it was the final destination. They had many reasons why to get GC and once they get, they will be free and can do / will do everything possible. But, once they got it, they settled in a permanent job. Without GC, they were working for the same client with even more pay and life was good if not better.
I was thinking the same way; because I am no different.
Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.
I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.
I thought I will just share my ideas so that atleast some of the people will be happier.
Well said.
I was thinking the same way; because I am no different.
Oflate, I realised, I am un-necessarily worried about something which is not in my control. I realised that I am well paid, with this pay even the benefits I am not getting are compensated. Why am I worried? Should I be after GC in order to get peace of mind? I started looking it little differently. I am in this country to earn more money and live comfortably. I am already enjoying what I wanted. Then, why am I worried still? May be it is in human nature to always look for something which is not in the hands.
I still need GC for other things like Children education and get some other benefits (our education / starting business etc). I agree, but there is lot of time for that in my case. There are several people who are in the same state as me if not all. Everyone's needs are different.
I thought I will just share my ideas so that atleast some of the people will be happier.
Well said.
snathan
06-17 11:10 AM
This is by far the best action item i have seen so far (because it feels like it can be done by administrative change). I Support it 100% .
A REQUEST TO IV CORE:
Please start a letter campaign: I have been long trying to figure out who exactly is the decision maker for this policy. It would be a great help if we all know where to send the letter and who should we address to...
First all gather here with relavent information. Then we can draft a letter and send to DOS and congressmen/senator.
A REQUEST TO IV CORE:
Please start a letter campaign: I have been long trying to figure out who exactly is the decision maker for this policy. It would be a great help if we all know where to send the letter and who should we address to...
First all gather here with relavent information. Then we can draft a letter and send to DOS and congressmen/senator.
more...
ramreddy
01-31 04:28 AM
ICE: "Sham" University, Cover For Illegals - FoxNews.com (http://www.foxnews.com/us/2011/01/28/ice-sham-university-cover-illegals/?test=latestnews)
Amongst Google video or Y-Tube was a report that TVU in fact ran a pyramid scheme or referral, which very much discounted the fees if there where referrals. Referrals would likely be a close school friend.
I feel very sad for the tarnish it has caused .Esp the common Indian working there is bound to be looked upon as a fraud case - and he would have nothing to do with this AT ALL,it spoils the prospects and reputation of genuine people be it anyone Telegu or Non ..as long as he is Indian.
Now all the local regional associations are desperately painting them as scapegoats because if otherwise it will be a big dent to their own rep. And next the Feds will want to go smell fish at any AP run consulting firm . A general fraud impression will be built rapidly around that community.Very unfortunate if that happens. But WHY in the 1st place attempt such a massive fraud ? Bad for all. I just hate it .
BTW all this 1500 student game is happening when the H1B visa laws are the most restrictive so companies find it imposs to file a fresh H1B but its a lot easier to transit a student from F to H.
Amongst Google video or Y-Tube was a report that TVU in fact ran a pyramid scheme or referral, which very much discounted the fees if there where referrals. Referrals would likely be a close school friend.
I feel very sad for the tarnish it has caused .Esp the common Indian working there is bound to be looked upon as a fraud case - and he would have nothing to do with this AT ALL,it spoils the prospects and reputation of genuine people be it anyone Telegu or Non ..as long as he is Indian.
Now all the local regional associations are desperately painting them as scapegoats because if otherwise it will be a big dent to their own rep. And next the Feds will want to go smell fish at any AP run consulting firm . A general fraud impression will be built rapidly around that community.Very unfortunate if that happens. But WHY in the 1st place attempt such a massive fraud ? Bad for all. I just hate it .
BTW all this 1500 student game is happening when the H1B visa laws are the most restrictive so companies find it imposs to file a fresh H1B but its a lot easier to transit a student from F to H.
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shivapb80
06-05 10:01 AM
actually that is not what i understand...though we should wait for
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
more...
priderock
08-13 04:09 PM
Just curious, why would any one file again just because they did not get the receipt for the first one (unless there is a legitimate concern like no Fedex/currier tracking for the first one , change of conditions like have second/better LC etc)?
What guarantees the second one will be accepted ? Just improving the odds ? Then, why stop at filing two applications ??
What guarantees the second one will be accepted ? Just improving the odds ? Then, why stop at filing two applications ??
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mheggade
05-15 10:22 PM
I agree with Munna Bhai on this. There is no need to put salt on the wound , we should help if we can on the issue in hand instead of judging others.
Were you witness to what happened in his home on that day?? If not, don't be judgemental....leave that to him and his wife and to family court. IV is not for "every good cause"...we are having very difficult time ourself...
Looks like you already received GC and you have great & lot of time to get into other issue.
Were you witness to what happened in his home on that day?? If not, don't be judgemental....leave that to him and his wife and to family court. IV is not for "every good cause"...we are having very difficult time ourself...
Looks like you already received GC and you have great & lot of time to get into other issue.
more...
485Mbe4001
12-12 02:49 PM
groan....moan... are you happy now:D
im waiting for the groans and moans
im waiting for the groans and moans
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rbharol
05-22 02:58 PM
Logiclife,
Competeamerica too is not happy with this bill.
Has IV talked to them about their stance and their plan of action?
How do you think Congress will react to these provisions?
They have STRIVE in the house. Is there a chance we get something
in the middle of the senate bill and STRIVE?
Competeamerica too is not happy with this bill.
Has IV talked to them about their stance and their plan of action?
How do you think Congress will react to these provisions?
They have STRIVE in the house. Is there a chance we get something
in the middle of the senate bill and STRIVE?
more...
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vbkris77
11-26 06:34 PM
Pappu,
As DOS has posted the NVC backlog numbers as on November 1, 2009, if the core team look at it and update the analysis. This data is not categorized via month but still may be helpful in prediction.
Thanks
http://www.travel.state.gov/pdf/WaitingListItem.pdf
In my view CP Data published doesn't help much here are the reasons. They need to publish the data in the same lines of CIS.
1. For EB2 3K visas doesn't change the dynamics.
2. For EB3 adding 20K visas will slow things more. But beyond that we can't say anything else.
3. ROW EB3 will be slow and Philippines will be dead slow.
The biggest thing that CIS/State needs to understand is that for EB2, they are going to pass 2007 Fiasco cutoff in the spillover and may waste the numbers.
We need to let them start a long term planning and make sure they don't waste visas. It is unfortunate that State thinks CIS can process all the AOS applications in a calendar quarter in most cases and in a month in some cases during end of year scenario. State needs to include DOL statistics and CIS processing bottlenecks to advance the dates. It is unfortunate that none of these agencies can sort their applications on date correctly.
As DOS has posted the NVC backlog numbers as on November 1, 2009, if the core team look at it and update the analysis. This data is not categorized via month but still may be helpful in prediction.
Thanks
http://www.travel.state.gov/pdf/WaitingListItem.pdf
In my view CP Data published doesn't help much here are the reasons. They need to publish the data in the same lines of CIS.
1. For EB2 3K visas doesn't change the dynamics.
2. For EB3 adding 20K visas will slow things more. But beyond that we can't say anything else.
3. ROW EB3 will be slow and Philippines will be dead slow.
The biggest thing that CIS/State needs to understand is that for EB2, they are going to pass 2007 Fiasco cutoff in the spillover and may waste the numbers.
We need to let them start a long term planning and make sure they don't waste visas. It is unfortunate that State thinks CIS can process all the AOS applications in a calendar quarter in most cases and in a month in some cases during end of year scenario. State needs to include DOL statistics and CIS processing bottlenecks to advance the dates. It is unfortunate that none of these agencies can sort their applications on date correctly.
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slowwin
05-15 05:54 PM
The Bill says "in a field of science"......which also includes MBA.......
science is "a branch of knowledge or study dealing with a body of facts or truths systematically arranged and showing the operation of general laws" OR
"a particular branch of knowledge." for more definitions check dictionary.com
It does not matter what the dictionary defines SCIENCE as. STEM degrees are defined by USCIS. OPT extension to 29 months applies to STEM degrees too:mad:
science is "a branch of knowledge or study dealing with a body of facts or truths systematically arranged and showing the operation of general laws" OR
"a particular branch of knowledge." for more definitions check dictionary.com
It does not matter what the dictionary defines SCIENCE as. STEM degrees are defined by USCIS. OPT extension to 29 months applies to STEM degrees too:mad:
more...
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indio0617
12-13 01:15 PM
May be you are right....but, I feel that the whole thing is a broken promise. And I feel like I fell right in the trap set for people like us.
Broken promise ?? I would say NO.
Disappointed ..... definitely YES, having realised the follies of the "system" here. Search within yourself to find out how / why you came to this country first. Was it just a lure of the GC ? Most of us either came to study / work. We took it one step at a time, but GC was not the only or ultimate goal.
I can speak for myself at least...
Broken promise ?? I would say NO.
Disappointed ..... definitely YES, having realised the follies of the "system" here. Search within yourself to find out how / why you came to this country first. Was it just a lure of the GC ? Most of us either came to study / work. We took it one step at a time, but GC was not the only or ultimate goal.
I can speak for myself at least...
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quizzer
09-27 02:12 PM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
What was your I140 receipt date at NSC?
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
What was your I140 receipt date at NSC?
more...
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Gravitation
12-13 10:12 AM
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
Too many people converted to perm-EB2 when EB3 retrogression hit. Also, excess EB2 RoW are not flowing to EB2-India but to EB3 instead.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
Too many people converted to perm-EB2 when EB3 retrogression hit. Also, excess EB2 RoW are not flowing to EB2-India but to EB3 instead.
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JA1HIND
01-26 04:59 PM
Hi,
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company’s investment in Employee would be jeopardized if Employee were to leave the company’s employment prior to the Company’s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of termination of the employment."
Bottom line, once you sign in legal terms you are agreeing to the company terms & conditions...as I highlighted above, its pretty clear that if you leave before the set time frame you will be responsible for paying them back!!
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company’s investment in Employee would be jeopardized if Employee were to leave the company’s employment prior to the Company’s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of termination of the employment."
Bottom line, once you sign in legal terms you are agreeing to the company terms & conditions...as I highlighted above, its pretty clear that if you leave before the set time frame you will be responsible for paying them back!!
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eilsoe
02-10 01:46 PM
I'm starting to believe Soul will win this one...
diptam
08-16 02:46 PM
I know you didn't advise me/anyone - I too expressed my view.
I still do NOT understand how a USCIS error can prevent me from re-applying !! There was a Post yesterday at IV by a gentleman from IOWA who called Up USCIS and they confirmed that it will be accepted. I PM'ed him because i was not sure if IOWA allows you to Voice-record "evidence" - He told me that USCIS recorded the call as a general Practice.
I doubt they will release their own recording to be used against them and also they says we "may" record for "Training and Quality" purpose.The best Option would be if we take Permission from the CSR and record that conversation at our end - I can't do that because the STATE i live dont allow that.
I am not advising anyone anything, I just shared what I did. This time , I did not go through a lawyer.
Something similar happened in Oct'05 and the priority dates remain retrogressed for next almost two year. It was just by stroke of fate it became current now , otherwise the situtation would have persisted.
If my memory serve me right, there were some cases back in Oct'05 whose application were rejected in error but were not allow to refile as PD had retrogressed.
Do what you want to do, I am just sharing what I did and I may be wrong. Personally after having missed one window of opportunity in Oct'05 , I have no capability to take any more risk.
I still do NOT understand how a USCIS error can prevent me from re-applying !! There was a Post yesterday at IV by a gentleman from IOWA who called Up USCIS and they confirmed that it will be accepted. I PM'ed him because i was not sure if IOWA allows you to Voice-record "evidence" - He told me that USCIS recorded the call as a general Practice.
I doubt they will release their own recording to be used against them and also they says we "may" record for "Training and Quality" purpose.The best Option would be if we take Permission from the CSR and record that conversation at our end - I can't do that because the STATE i live dont allow that.
I am not advising anyone anything, I just shared what I did. This time , I did not go through a lawyer.
Something similar happened in Oct'05 and the priority dates remain retrogressed for next almost two year. It was just by stroke of fate it became current now , otherwise the situtation would have persisted.
If my memory serve me right, there were some cases back in Oct'05 whose application were rejected in error but were not allow to refile as PD had retrogressed.
Do what you want to do, I am just sharing what I did and I may be wrong. Personally after having missed one window of opportunity in Oct'05 , I have no capability to take any more risk.
jambapamba
08-10 11:46 AM
Perm filers hate LS guys as they went ahead of line...
Backlog guys hate Perm filers as they went ahead of line...
Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
....and it goes on.
This shit never ends!!!:(
Strangely, everything is done within the scope of law!
Backlog guys hate Perm filers as they went ahead of line...
Eb3 guys hate EB3-EB2 conversion guys as they went ahead of line...
....and it goes on.
This shit never ends!!!:(
Strangely, everything is done within the scope of law!
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