Hong12
12-15 12:14 AM
Thank you very much for your quick response. That is very sad though I would ask my lawyer to resubmit the application. My original document is with me in order to apply for H1 Visa at the Consular. At this point, I would send the original document back to my lawyer and ask him to do the premium process on my application. Another issue is that he refused to pay for the premium filing fee. He said that he would suggest me to find another lawyer in the case that he had to pay for my premium filing fee. He did not show any responsibilities on anything. Pls advise what I should do.
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yabadaba
08-14 01:02 PM
Sorry but I didn't get what your "Yes" pointed to.
is OP wrong or right in his assumption?
Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D
Thanks,
Nik
the op modified his post.. his post ended with the question "am i missing something here?" and i replied to that as yes you are.. as to what he/she is missing is anyone's guess. maybe some common sense?
how would uscis have the ability to decode between a direct hire and a non direct hire application?
abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.
is OP wrong or right in his assumption?
Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D
Thanks,
Nik
the op modified his post.. his post ended with the question "am i missing something here?" and i replied to that as yes you are.. as to what he/she is missing is anyone's guess. maybe some common sense?
how would uscis have the ability to decode between a direct hire and a non direct hire application?
abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.
damialok
04-22 03:45 PM
I-485 could be from family based, EB1 and ROW categories. I dont all these became Unavailable on July 2nd. Also you are right, USCIS didnt reject applications even though they came in between July 2nd and 17th.
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CCC
04-11 01:59 PM
Understood.
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desi3933
02-18 11:28 AM
Thanks desi3933 for correcting me and posting the link. But, I know a couple of instances where they got the RFE/NOID for the same reason. But, I am sure they will eventually get approved if they go for MTR as this was addressed in Yates Memo.
I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...
>> I have a question, is 'memo' same as law?
No. these memorandums do not have the force of law and apply only to USCIS officers, not to immigration judges.
>> Can the IO come back and say its not in the law?
No. See above.
These issues are more complicated.
______________________
Not a legal advice.
US citizen of Indian origin
I have a question, is 'memo' same as law? Can the IO come back and say its not in the law? Just out of my curiosity ...
>> I have a question, is 'memo' same as law?
No. these memorandums do not have the force of law and apply only to USCIS officers, not to immigration judges.
>> Can the IO come back and say its not in the law?
No. See above.
These issues are more complicated.
______________________
Not a legal advice.
US citizen of Indian origin
kedrex
01-14 11:29 AM
kedrex: How do you say your case is current...Your profile says Jan 06 EB2....the VB is stating Jan 22, 2005
I filed another 485 which was family based and is current now.... I had to withdraw my employment based 485 because one cannot have 2 485s at the same time.
Thanks again to everyone for the suggestions.
I filed another 485 which was family based and is current now.... I had to withdraw my employment based 485 because one cannot have 2 485s at the same time.
Thanks again to everyone for the suggestions.
more...
dealsnet
04-13 09:14 PM
Citizenship of child do not consider for cross chargiability. Only the birth place of spouse will taken into consideration, if you file with details shown in the petition.
Child can be charged to either parent's country's quota, reverse is not allowed.
http://www.hooyou.com/news/news050807cross.html
Hi,
I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....
Priority Date : Jun-06
Category : EB2
I140 Approved : 08/15/2006
Chargeability : India
Processing Stage : I-485, EAD, AP
I485 Mailed Date : 07/02/2007
My daughter is born in Canada in year 2000.
My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....
http://www.visapro.com/Immigration-Dictionary/C1.asp
Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.
I would really appreciate your help.
Thanks
Child can be charged to either parent's country's quota, reverse is not allowed.
http://www.hooyou.com/news/news050807cross.html
Hi,
I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....
Priority Date : Jun-06
Category : EB2
I140 Approved : 08/15/2006
Chargeability : India
Processing Stage : I-485, EAD, AP
I485 Mailed Date : 07/02/2007
My daughter is born in Canada in year 2000.
My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....
http://www.visapro.com/Immigration-Dictionary/C1.asp
Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.
I would really appreciate your help.
Thanks
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arnet
10-26 02:34 PM
Original I-797s should be with us, they can have copy but not original, call VFS where your wife attended interview and enquire why they took it and request them to return it.
if they say they dont have it, I think no need to worry since your wife has already got stamped, and if anybody asks for her I-797, she can show xerox copy of her I-797.
Otherwise if you think you need original I-797, I think you can apply for duplicate copies from USCIS, they will charge some fee for extra copies, check with USCIS or your attroney who filed your H1 & her H4 for the procedure.
Diclaimer: I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
They took her original 797 approval notice away....it did confuse her and also me.
She just got her stamped passport back in courier yesterday, but there was no 797 with it.
Should we contact the consulate for it?
if they say they dont have it, I think no need to worry since your wife has already got stamped, and if anybody asks for her I-797, she can show xerox copy of her I-797.
Otherwise if you think you need original I-797, I think you can apply for duplicate copies from USCIS, they will charge some fee for extra copies, check with USCIS or your attroney who filed your H1 & her H4 for the procedure.
Diclaimer: I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
They took her original 797 approval notice away....it did confuse her and also me.
She just got her stamped passport back in courier yesterday, but there was no 797 with it.
Should we contact the consulate for it?
more...
BharatPremi
10-31 02:19 PM
I am a consultant hence i have given a friends address who own a home so that i dont need to change it often.
This trick was good five years back but in my opinion it is risky nowadays.The idea and intention was good as not to have bothered avout address change frequently. But To solve one problem you have created another mess. If you will not keep an eye on that you may face problems during naturalization and/or even getting new project where background check is required.
In my opinion, now you will have to keep a practice to give your friend's address as your address while mentioning your residence history. For an example, you want to do a project in new Fortune 1000 client. (Note: Nowadays almost all fortune companies go for background check and medical test before taking one on board)That client will go through your medical/background test and in the form which may be fille up , there do not forget to mention your friend's address as your residence address otherwise you may face problem. Same goes with naturalization process..
This trick was good five years back but in my opinion it is risky nowadays.The idea and intention was good as not to have bothered avout address change frequently. But To solve one problem you have created another mess. If you will not keep an eye on that you may face problems during naturalization and/or even getting new project where background check is required.
In my opinion, now you will have to keep a practice to give your friend's address as your address while mentioning your residence history. For an example, you want to do a project in new Fortune 1000 client. (Note: Nowadays almost all fortune companies go for background check and medical test before taking one on board)That client will go through your medical/background test and in the form which may be fille up , there do not forget to mention your friend's address as your residence address otherwise you may face problem. Same goes with naturalization process..
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sbmallik
06-24 10:18 AM
Yes, I would attempt Premium Processing on the pending I-140 first so that I can invoke AC21. I never heard of anyone's GC process jeopardized due to H-1B denial.
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anilsal
01-18 04:49 PM
People need to wake up to reality.
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vxg
09-10 03:42 PM
Folks,
After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...
Officer: Purpose
Me: Me approved my wife not
Officer: cases..
Me: Presented cases
Officer: Yes you are approved...your wife is pending
Me: Oh really that is a revelation....
Me: Why so?is she preadjudicated?
Officer: There could be many reasons...no she is not pre-adjudicated...
Me: What can we do to expedite as she is current
Officer: Nuthin ....I was loosing my temper now...
I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
Officer: gave a vague Monalisa smile...
Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...
On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...
Hope the info helps..
SoP
You do not need Biometrics uploaded for approval. My case was approved without it however they will only send cards after Biometrics are updated.
After more than an hour drive to a shitty town in northern mass Lawrence....no bottles please..cell phones be turned off...
Officer: Purpose
Me: Me approved my wife not
Officer: cases..
Me: Presented cases
Officer: Yes you are approved...your wife is pending
Me: Oh really that is a revelation....
Me: Why so?is she preadjudicated?
Officer: There could be many reasons...no she is not pre-adjudicated...
Me: What can we do to expedite as she is current
Officer: Nuthin ....I was loosing my temper now...
I said how long should one wait...I opened an SR I got a reply that they are doing additional review contact after 6 months..3 days later I get approval email...no one has a clue...the right hand does not know what the left is doing....my wife is kicking me on the foot asking in native language be happy with yours do u want to loose urs too...
Officer: gave a vague Monalisa smile...
Me: Well I guess that's it I didn;t know anything after driving 60 miles that I didn't know before...
On the way back got a mail from my attorney...he checked thru AILA and talked withan IO ...it seems her biometrics need to be redone...it is ordered and she shld get it in 2 weeks she will be current next month too...so keep fingers crossed...well my fingers are crooked and can't be straightened now...
Hope the info helps..
SoP
You do not need Biometrics uploaded for approval. My case was approved without it however they will only send cards after Biometrics are updated.
more...
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cendra
04-30 11:15 AM
EB3-PD Jul 02
LC Approved Jan 07
I-140 Pending since March 07
LC Approved Jan 07
I-140 Pending since March 07
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sankar_203
04-01 05:54 PM
Why did you not stick with the approved labor with company A, thus retaining the priority date of Nov 2006???
If you used substitution labor just to get ahead of others who are in the line, then I hope no one answers your query. I won't be as critical as zCool but substitute labor cases are repulsive.
Company A has variety of legal problems with USCIS..not paying for people on bench and due to that my H1-B extension got affected and denied..it is a long list of 12 page denial..already filed ac21 with the other company..
If you used substitution labor just to get ahead of others who are in the line, then I hope no one answers your query. I won't be as critical as zCool but substitute labor cases are repulsive.
Company A has variety of legal problems with USCIS..not paying for people on bench and due to that my H1-B extension got affected and denied..it is a long list of 12 page denial..already filed ac21 with the other company..
more...
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delhirocks
07-03 12:21 AM
Yes, it's my case that just got approved. See my signature for dates.
Congrats, This is the only positive that came out of this fiasco. Iam sure its big relief for you and potentially 60,000 other filers. Enjoy...
Congrats, This is the only positive that came out of this fiasco. Iam sure its big relief for you and potentially 60,000 other filers. Enjoy...
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abracadabra102
09-06 10:56 AM
USCIS receives around 7.5 million applications a year and mistakes happen. Cut them some slack here. Bad luck to OP. Contact USCIS and see what happens and please post here after your issue is resolved. Others will benefit from your experience.
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ivar
02-17 09:15 PM
Do I need recent salary slips for transfer ?
Yes you need paystubs. What your employer says when you ask the same question you are asking here on the forum. That your H1 expires 2009, your project gets over in Mar 09, how he will u give paystubs? what does he say?
Yes you need paystubs. What your employer says when you ask the same question you are asking here on the forum. That your H1 expires 2009, your project gets over in Mar 09, how he will u give paystubs? what does he say?
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TheCanadian
01-02 09:12 PM
F'ing a! I might not even have to lift a finger :run:
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johnamit
07-12 01:43 PM
My company has filed more than 200 in early July, I checked with attorney yesterday and he said so far not even a single check has been cashed and none returned.
Rb_newsletter
02-22 03:14 PM
just curious. Are you working for a consulting company?
pmpforgc
02-07 07:15 PM
Here is some more info
I am traveling from
From GSP ( Greenville Spartanburg) to Ahmedabad
or from ATLANTA to Ahmedabad
thanks
I am traveling from
From GSP ( Greenville Spartanburg) to Ahmedabad
or from ATLANTA to Ahmedabad
thanks
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