digitalrain
06-25 06:50 PM
The link below describes where and how to apply for humanitarian parole.
USCIS - Humanitarian Parole (http://www.uscis.gov/portal/site/uscis/template.PRINT/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=accc3e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=accc3e4d77d73210VgnVCM100000082ca60a RCRD)
Thank you.
Should I apply for my kid,or put his name, as if he's applying for himself?
I got an answer from yahoo answers saying that I should apply for it,as if I was my kid,put him as applicant,but how can I sign for it,since he is not me and he is only 6 months.It's terrible and inhuman to separate a newborn from his mother.
Unbelievable!I waited more than two years to get together with my wife and now God knows how long I have to wait to get together with my kid.I just wonder how inhuman human laws can be.
Thank you
USCIS - Humanitarian Parole (http://www.uscis.gov/portal/site/uscis/template.PRINT/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=accc3e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=accc3e4d77d73210VgnVCM100000082ca60a RCRD)
Thank you.
Should I apply for my kid,or put his name, as if he's applying for himself?
I got an answer from yahoo answers saying that I should apply for it,as if I was my kid,put him as applicant,but how can I sign for it,since he is not me and he is only 6 months.It's terrible and inhuman to separate a newborn from his mother.
Unbelievable!I waited more than two years to get together with my wife and now God knows how long I have to wait to get together with my kid.I just wonder how inhuman human laws can be.
Thank you
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lacrossegc
09-06 05:00 PM
" FOR the period you are outside the US" it doesnt have to be and doesnt need to be the same company ...heck you can probably go to timbuktu and work there for timbuktu Inc for all US cares ... your H1B visa will still be valid (provided you still have employment with ABC USA) and you can still enter on the visa along with a supporting job letter from ABC USA. you can still go to the offices of ABC USA and work there (provided they pay the prevailing wage for the time that you work in US, else they might open themselves to litigation (from your side for backwages) ).... ABC USA doesnt have to keep paying you in US dollars if you are not working for them in US, it will be like taking an un-paid leave of absense on an extended vacation to Canada.
The thing is that after you get the green card, you will need to come back to US and work in the same job and location as stated in the Labor Certification, atleast for about 6 months ( to avoid problems with citizenship application in the future) and then you can go to any other US employer of your choice
Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.
The thing is that after you get the green card, you will need to come back to US and work in the same job and location as stated in the Labor Certification, atleast for about 6 months ( to avoid problems with citizenship application in the future) and then you can go to any other US employer of your choice
Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.
shx
10-12 10:46 PM
As of October 12, 2007, USCIS has completed initial data entry and issued receipt notices for applications and petitions received on or before the dates indicated:
California Service Center
Form Number Date Received
I-130 8/30/2007
N-400 8/01/2007
All Other Forms 7/30/2007
Nebraska Service Center
Form Number Date Received
I-131 8/14/2007
I-140 8/14/2007
I-485 Employment
Based 8/14/2007
I-485 Asylee 8/07/2007
I-485 Refugee 7/16/2007
I-765 8/14/2007
N-400 7/29/2007
All Other Forms 8/05/2007
Texas Service Center
Form Number Date Received
I-131 8/13/2007
I-140 concurrently filed
with I-485 8/13/2007
I-485 Employment
Based * 8/13/2007
I-765 8/13/2007
N-400 7/18/2007
All Other Forms 9/16/2007
*California Service Center and Vermont Service Center are currently assisting in data entry of employment-based I-485 and related forms (I-140, I-765, and I-131) received at Texas Service Center between the dates of 7/28 and 8/8. As a result, some applicants may receive receipt notices from a service center different than the one they originally applied to.
Vermont Service Center
Form Number Date Received
I-130 7/29/2007
N-400 7/25/2007
All Other Forms 8/01/2007
USCIS Lockbox
Form Number Date Received
TPS 9/13/2007
California Service Center
Form Number Date Received
I-130 8/30/2007
N-400 8/01/2007
All Other Forms 7/30/2007
Nebraska Service Center
Form Number Date Received
I-131 8/14/2007
I-140 8/14/2007
I-485 Employment
Based 8/14/2007
I-485 Asylee 8/07/2007
I-485 Refugee 7/16/2007
I-765 8/14/2007
N-400 7/29/2007
All Other Forms 8/05/2007
Texas Service Center
Form Number Date Received
I-131 8/13/2007
I-140 concurrently filed
with I-485 8/13/2007
I-485 Employment
Based * 8/13/2007
I-765 8/13/2007
N-400 7/18/2007
All Other Forms 9/16/2007
*California Service Center and Vermont Service Center are currently assisting in data entry of employment-based I-485 and related forms (I-140, I-765, and I-131) received at Texas Service Center between the dates of 7/28 and 8/8. As a result, some applicants may receive receipt notices from a service center different than the one they originally applied to.
Vermont Service Center
Form Number Date Received
I-130 7/29/2007
N-400 7/25/2007
All Other Forms 8/01/2007
USCIS Lockbox
Form Number Date Received
TPS 9/13/2007
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GCStatus
09-15 12:17 PM
Good to see this
We all join together in our mission. We will include this in part of confronting first. Check out the other thread as well
We all join together in our mission. We will include this in part of confronting first. Check out the other thread as well
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ksvreg
02-25 09:55 AM
I started talking to new employer about my joining and I requested for preparing PERM stuff before I join. This is the only this I want the new employer to do on behalf me before I join with him. The employer said Prevailing Wage determination takes 2 months. And the new employer mentioned that he can not do Prevailing Wage determination without joining. Is this right?
snathan
05-11 06:10 PM
Hi,
I have attended for H1b renual in toronto on the 2nd of May. The VO decided to do some additional review on the application. He took the Cleint letter, vendor letter and I129. Still havent heard anything from the consulate.
I am not sure if I should stay in Toronto or travel to India. I have taken only single entry visa to canada.
So, do you know if there is a canadian consulate in Hyderabad. If there is one, how much time do they take to issue a visitor visa.
Also, most importantly, how much time does it take for the 221g processing.
I would really appreciate if someone could share their knowledge.
Thanks
Where are you staying in Toronto. If you are staying with any relatives...you should try to stay there until you get the papers back from the VO.
I have attended for H1b renual in toronto on the 2nd of May. The VO decided to do some additional review on the application. He took the Cleint letter, vendor letter and I129. Still havent heard anything from the consulate.
I am not sure if I should stay in Toronto or travel to India. I have taken only single entry visa to canada.
So, do you know if there is a canadian consulate in Hyderabad. If there is one, how much time do they take to issue a visitor visa.
Also, most importantly, how much time does it take for the 221g processing.
I would really appreciate if someone could share their knowledge.
Thanks
Where are you staying in Toronto. If you are staying with any relatives...you should try to stay there until you get the papers back from the VO.
more...
gceb3holder
02-27 06:52 AM
I have received my GC on January 28th. My company filled the following with USCIS:
I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008
Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....
So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.
I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.
Please advice.
I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008
Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....
So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.
I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.
Please advice.
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ita
01-16 12:05 PM
While on EAD-AC21 do you know if they compare the salary mentioned on offer letter or the acual W2 amount or is it both to check if it is close to what is mentioned on LC?
Because the salary on offer letter could be like $15K-$20K/$20K-$30K more than what is mentioned on LC but
If the W2 reflects not so much difference(like you go on unpaid vacations if possible) then will this be OK?
Appreciate your advice on this
Man how many things we have to watch before we do this AC21.I think sometimes I'm thinking/planning too much rather than just taking the jump.
Thank you.
Because the salary on offer letter could be like $15K-$20K/$20K-$30K more than what is mentioned on LC but
If the W2 reflects not so much difference(like you go on unpaid vacations if possible) then will this be OK?
Appreciate your advice on this
Man how many things we have to watch before we do this AC21.I think sometimes I'm thinking/planning too much rather than just taking the jump.
Thank you.
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ganguteli
03-06 02:53 PM
I'll urge people from especially from California and Texas send out the letters and call up their lawmakers...Despite the Anti-immigrant climate prevailing in the country, congresswoman Zoe Logfren was able to get her bill passed on wednesday....If we can proove to them that we are not asking new green card numbers and not ask for recapturing green card numbers, they'll certainly hear us, but we need to speak up...
So your strategy is to go against her own bill to recapture greencards that she introduced for us last year.
I think this is wrong.
Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.
What you are doing is only dividng the community. My collegues who are also IV members are mad reading that someone in IV is pursuing a one point agenda against ROW. We need to stop such threads. A lot of ROW are quiet members on IV forum and they will be upset.
Country caps can only be supported if there is recapture or increase in visa numbers.
So your strategy is to go against her own bill to recapture greencards that she introduced for us last year.
I think this is wrong.
Recapture is a good option if you want to do it right. Otherwise all ROW will oppose you. How are you different than the guys who open threads against Telgus or EB3 vs EB2 or against Muslims.
What you are doing is only dividng the community. My collegues who are also IV members are mad reading that someone in IV is pursuing a one point agenda against ROW. We need to stop such threads. A lot of ROW are quiet members on IV forum and they will be upset.
Country caps can only be supported if there is recapture or increase in visa numbers.
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gchopefull
10-02 02:22 PM
I recieved a weired email update from USCIS about the I-140 after RFE documents recived, waited for two days then call the customer service # and the status on the phone said that USCIS denied the case.
here is the case history.
LC-Feb-2005.
I-140 filled march 2007
I-485/EAD filled July-2007
EAD approved/EAD card arrived 15 Sep 2007
I-140 RFE August 2007(A2P)
I-140 denied 27th Sep 2007.
my question is,
what are the options do I have?
my employer is talking about appeal.
since the original I-140 is denied will the 485/EAD will get cancelled too?
is there any way to port the LC date?
what are the chances of appeal/approval?
employer is in good standing(financially).
any suggestions,input will be highly appreciated.
thanks
here is the case history.
LC-Feb-2005.
I-140 filled march 2007
I-485/EAD filled July-2007
EAD approved/EAD card arrived 15 Sep 2007
I-140 RFE August 2007(A2P)
I-140 denied 27th Sep 2007.
my question is,
what are the options do I have?
my employer is talking about appeal.
since the original I-140 is denied will the 485/EAD will get cancelled too?
is there any way to port the LC date?
what are the chances of appeal/approval?
employer is in good standing(financially).
any suggestions,input will be highly appreciated.
thanks
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aravindhome
04-29 01:02 PM
Hey.. Congratulations on the engagement.... the way I see it, there are a couple of options for you.. not entirely from a legal perspective.. just practical solutions.....
a. You can ask your fiance to enter as a student here on F1, if she's willing to pursue her education.. you can easily enrol her in the nearest community college and for a part-time or full-time course....
b. An H1 or an L1 is another option.. but given the current conditions, not sure if you can pull that through.......
c. This is from my own experience... A friend of mine faced the same scenario and, so asked his wife to apply for Canadian PR and then come into the States... That way, she was able to get a job quite easily in Toronto and the whole process took just about 8 months or so...
Hopefully, these suggestions come in handy for you....... All the very best....
a. You can ask your fiance to enter as a student here on F1, if she's willing to pursue her education.. you can easily enrol her in the nearest community college and for a part-time or full-time course....
b. An H1 or an L1 is another option.. but given the current conditions, not sure if you can pull that through.......
c. This is from my own experience... A friend of mine faced the same scenario and, so asked his wife to apply for Canadian PR and then come into the States... That way, she was able to get a job quite easily in Toronto and the whole process took just about 8 months or so...
Hopefully, these suggestions come in handy for you....... All the very best....
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Quadrucle
09-15 12:39 PM
Hi All,
Pardon my ignorance, but after seeing the initial steps of the CIR, I feel there's some hope for the Employment based immigrants, but no one seems to be discussing anything positive about it. Am I missing something here? :confused:
Thanks
Pardon my ignorance, but after seeing the initial steps of the CIR, I feel there's some hope for the Employment based immigrants, but no one seems to be discussing anything positive about it. Am I missing something here? :confused:
Thanks
more...
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satyasaich
07-21 09:14 AM
When i was in a fortune 5 earlier in my career, Fragomen & Assc were my attorneys as well. Never had such thing in the past nor heard of it. By the way, thousands of people work from home in a company where i was also working from home till yesterday. ( today 7/21 i don't have a job due to EAD processing delays )
it's just their inability to explain the business model. For example, if you are in IBM, they have only few offices in midwest and most of the people work from home & travel to client site based on necessity. Some of the positions ( suchas DBA / Unix Admin/ Web Admin etc;)doesn't even require presence at client location not even once in an year.
That's how the business model is existing. just because some officers / clerks in USCIS doesn't understand / nor interpret properly the vebiage or context of law, it's their traning issue. worst case scenario, that's why we pay hefty amounts to so called 'immigration attorneys' to 'explain' the law & to work with USCIS officials to do the 'CORRECT' thing
Normally my wife is the one who is used to post or follow up on the latest here.
This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.
Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.
Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.
Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.
One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
it's just their inability to explain the business model. For example, if you are in IBM, they have only few offices in midwest and most of the people work from home & travel to client site based on necessity. Some of the positions ( suchas DBA / Unix Admin/ Web Admin etc;)doesn't even require presence at client location not even once in an year.
That's how the business model is existing. just because some officers / clerks in USCIS doesn't understand / nor interpret properly the vebiage or context of law, it's their traning issue. worst case scenario, that's why we pay hefty amounts to so called 'immigration attorneys' to 'explain' the law & to work with USCIS officials to do the 'CORRECT' thing
Normally my wife is the one who is used to post or follow up on the latest here.
This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.
Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.
Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.
Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.
One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
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karthkc
03-27 05:47 PM
I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.
Can this create an issue while IO is working on my 485 application?
The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.
What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.
In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.
If it does come up during adjudication, a good attorney should be able to compose a response accordingly.
Hope that helps!
--Karthik
Can this create an issue while IO is working on my 485 application?
The official stance from my attorneys on this kind of a situation is to ensure that you were not "unlawfully present" in the US during the time in question.
What that means is if you were over 180+ days out of status, you enter into what is known as "unlawful presence" period. In that situation, the penalties are far more severe than just status violation.
In your case, the time period is well within that limit and that coupled with the fact that you were lawfully re-admitted into the US twice since the period should not cause concern.
If it does come up during adjudication, a good attorney should be able to compose a response accordingly.
Hope that helps!
--Karthik
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rameshk75
04-07 10:20 AM
Ron's answer for "Leavng petitioning employer after the I485 approval?"
http://immigration-information.com/forums/showthread.php?t=4764
http://immigration-information.com/forums/showthread.php?t=4764
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Apollon
06-30 06:57 PM
I realize the PERM position requirement must match EB2 track requirement, it must be what you said. However, what I'm questioning is (lets assume we're not talking about Masters degree at all, only BA+5 alternative) - does it make a difference *for position requirement*, not EB2, if part of the "+5" in the position requirement came before the bachelors degree was completed? Can this job requirement be without restriction all of the "+5" comes after graduation, and still qualify for EB2, where all "+5" must come after degree requirements have been satisfied?
I'll give an example, to avoid misunderstandings:
lets say a person completed BA or B.Sc. in March 2004. Lets say this person has worked in the same filed for 2 years before March 2004. Lets say after March 2004 until TODAY, when the PERM application is filed this person has continuously worked in the field for 5.5 more years, but when he was hired for his current position 1 year ago he had only 4.5 years post graduate experience.
What we have here is 6.5 years work experience until the person was hired, but only 4.5 years total post graduate experience until hiring date.
The Question is: Can the sponsor claim job requirement is BA+5, even though at the time when this person was hired post graduate experience was 4.5 years and total 6.5 years?
I'll give an example, to avoid misunderstandings:
lets say a person completed BA or B.Sc. in March 2004. Lets say this person has worked in the same filed for 2 years before March 2004. Lets say after March 2004 until TODAY, when the PERM application is filed this person has continuously worked in the field for 5.5 more years, but when he was hired for his current position 1 year ago he had only 4.5 years post graduate experience.
What we have here is 6.5 years work experience until the person was hired, but only 4.5 years total post graduate experience until hiring date.
The Question is: Can the sponsor claim job requirement is BA+5, even though at the time when this person was hired post graduate experience was 4.5 years and total 6.5 years?
more...
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gc28262
07-01 05:55 PM
Here is a good link on non-compete clause. From what I heard, these clauses cannot be enforced in most of the cases.
http://en.wikipedia.org/wiki/Non-compete_agreement
I signed one last week knowing that it does not have much validity.
In doubt check with an attorney.
Hi All,
I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.
Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.
Preferred Vendor X > the Client C
Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?
http://en.wikipedia.org/wiki/Non-compete_agreement
I signed one last week knowing that it does not have much validity.
In doubt check with an attorney.
Hi All,
I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.
Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.
Preferred Vendor X > the Client C
Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?
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beautifulMind
11-03 08:30 PM
The CIR bill is definitely coming back. Obama has mentioned it few times that solving the current immigration problem is one of his highest priority. Now we will need to wait and see what changes they can add to the existent CIR bill to help legals. But I would think most of the bill should remain the same since they have wasted a lot of time and effort in coming up with it
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GC_1000Watt
12-15 11:42 AM
Answers in Red Ink Below....
Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company (http://immigrationvoice.org/forum/#) once my old employer has appealed the H1B denail notice?
Nope. Your old H1 has already expired. So it has to be altogether a new H1 B application even though the old one is in appeal.
if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?
I don't know the answer to this. According to my knowledge, once you apply for new H1 B & its approved, the old one is of no use even though the the appeal is in your favor. But its better check with the lawyer on this & if you get the answer to this one, pls. do let me know too.
Again, I am not a lawyer. All the above answers are based on personal experience. All The best ....
Thanks again. I will let you know but I believe since the old I-94 is already expired the extension will be given without I-94.
Also do you know if the same company (which has filed for my H1B extension and got denial) can file new H1B for me?
Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company (http://immigrationvoice.org/forum/#) once my old employer has appealed the H1B denail notice?
Nope. Your old H1 has already expired. So it has to be altogether a new H1 B application even though the old one is in appeal.
if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?
I don't know the answer to this. According to my knowledge, once you apply for new H1 B & its approved, the old one is of no use even though the the appeal is in your favor. But its better check with the lawyer on this & if you get the answer to this one, pls. do let me know too.
Again, I am not a lawyer. All the above answers are based on personal experience. All The best ....
Thanks again. I will let you know but I believe since the old I-94 is already expired the extension will be given without I-94.
Also do you know if the same company (which has filed for my H1B extension and got denial) can file new H1B for me?
ck_b2001
08-15 02:48 PM
Why cant we just sit back and relax. There is nothing we can do after filing and if you have not heard about reciept, check cashed then no big deal. 99% peopel will get reciept without rejection. Have some faith. We will get nothing from calling USCIS, figuring out LUD, speculating who signed our envelop.
tonyHK12
03-17 08:49 PM
@chanduv23 - Yes it does look like this is needed, for people to realize that, this is the only way they can get their own Green card on time!
Looking for good motivators, for people, to make them campaign for their own benefit............I know it sounds strange
Members - IV is not going to benefit as much as you, by doing the Advocacy days
Only 15 days left. This is our last chance until late 2013, or even later, with the presidential elections.
Enforcement is increasing and it will get worse. As you may know H1 and H4s are getting a lot of 221(g), GC applications are getting RFEs.
This is a critical time to show that we are valuable to the economy and contribute and create jobs. We have to improve our position, desperately - whether its H1b or Green Card.
THE ONLY WAY IS ADVOCACY.
.
PS: This must really hurt the anti-immigrants. you can play with the reds all you want, but its not changing anything.
.
Looking for good motivators, for people, to make them campaign for their own benefit............I know it sounds strange
Members - IV is not going to benefit as much as you, by doing the Advocacy days
Only 15 days left. This is our last chance until late 2013, or even later, with the presidential elections.
Enforcement is increasing and it will get worse. As you may know H1 and H4s are getting a lot of 221(g), GC applications are getting RFEs.
This is a critical time to show that we are valuable to the economy and contribute and create jobs. We have to improve our position, desperately - whether its H1b or Green Card.
THE ONLY WAY IS ADVOCACY.
.
PS: This must really hurt the anti-immigrants. you can play with the reds all you want, but its not changing anything.
.
