mmanurker
05-04 04:47 PM
ur title made me think that USCIS sent u a query (RFE) about your US India flight via frankfurt?
Just imagining what the details of the RFE could be?
I thought same as you..and I was like what, now a query(RFE) on air travel? :)
Just imagining what the details of the RFE could be?
I thought same as you..and I was like what, now a query(RFE) on air travel? :)
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crystal
07-07 10:34 PM
We already have two threads running on top for this . So more ppl can be informed... Its not spamming.. ;)
radhay
01-09 04:14 PM
Thanks for your suggestions. I think I will try another office.
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starscream
01-13 12:40 PM
Hi oaktree,
My PERM was also denied in end of 2006. The lawyers files a Motion To Review (MTR) also called as Request for Review (RFR) i.e appeal of the denial. This got approved in december 2007 - It took almost one year. I could however maintain my priority date because of the successful appeal.
My company's lawyers were certain that the denial was in error and hence they filed MTR.
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
If you make a new PERM application you cannot use your old priority date.
Speak to your lawyers to see if the denial was in error and if they r 100% sure that it was in error then apply for a MTR - it will take about a year to get processed tough. At least with this (i.e if it is possible) you can make a attempt to save your priority date.
I am not sure whether you can make a fresh PERM app WHILE your MTR/appeal is in process - but post this question on different boards and if you can then well and good.
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
My PERM was also denied in end of 2006. The lawyers files a Motion To Review (MTR) also called as Request for Review (RFR) i.e appeal of the denial. This got approved in december 2007 - It took almost one year. I could however maintain my priority date because of the successful appeal.
My company's lawyers were certain that the denial was in error and hence they filed MTR.
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
If you make a new PERM application you cannot use your old priority date.
Speak to your lawyers to see if the denial was in error and if they r 100% sure that it was in error then apply for a MTR - it will take about a year to get processed tough. At least with this (i.e if it is possible) you can make a attempt to save your priority date.
I am not sure whether you can make a fresh PERM app WHILE your MTR/appeal is in process - but post this question on different boards and if you can then well and good.
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
more...
uma001
10-23 04:44 PM
Thanks a ton Elaine! Your help is very much appreciated.
You can try filing for COS from H1-H4 through a lawyer while she is in US. Most of the times H4 will be approved.My wife got it.
You can try filing for COS from H1-H4 through a lawyer while she is in US. Most of the times H4 will be approved.My wife got it.
sidbee
04-17 06:41 AM
This is Off-Topic, sorry about that, but this is the best forum i could think of to ask this:
My father-in-law is visiting us from India, and he is thinking of driving a car here. He drives in India and I think in a couple of weeks (with maybe 2-3 classes with some instructor) he should get the hang of driving. Are there any risks that anyone knows of with this? (if he makes a mistake and ends up in an accident I understan that we end up being personally liable and can even be sued if there is an injured party).
Edit: This is in California
I have myself driven a lot in many states on B1/B2, All the car rental agencies on mostly international airports cater to visitors on B1/B2.When i came to US for the first time on business, i drove around 3000 miles just on weekends :-)
If the Locals DL of your FIL is not in english, you need a International Drivers Permit, from your country.IDP is just an english transalation of your local drivers licence,and is not valid without the original DL.
The only problem i see, is that your insurance would not cover him(mine required the authorized driver to have a US licence).if he just wants to drive for fun, you better rent him a car with CDW and Liability insurance.Its expensive but its safe.
And i personally don't agree that fines could be 3 times...all the silicon valley visitors would be screwed.
Please contact your local DMV, for information. I have just told you my experience and i may be wrong.
My father-in-law is visiting us from India, and he is thinking of driving a car here. He drives in India and I think in a couple of weeks (with maybe 2-3 classes with some instructor) he should get the hang of driving. Are there any risks that anyone knows of with this? (if he makes a mistake and ends up in an accident I understan that we end up being personally liable and can even be sued if there is an injured party).
Edit: This is in California
I have myself driven a lot in many states on B1/B2, All the car rental agencies on mostly international airports cater to visitors on B1/B2.When i came to US for the first time on business, i drove around 3000 miles just on weekends :-)
If the Locals DL of your FIL is not in english, you need a International Drivers Permit, from your country.IDP is just an english transalation of your local drivers licence,and is not valid without the original DL.
The only problem i see, is that your insurance would not cover him(mine required the authorized driver to have a US licence).if he just wants to drive for fun, you better rent him a car with CDW and Liability insurance.Its expensive but its safe.
And i personally don't agree that fines could be 3 times...all the silicon valley visitors would be screwed.
Please contact your local DMV, for information. I have just told you my experience and i may be wrong.
more...
sanju
06-07 07:35 AM
I am not really sure about the chances of such bills passing. Having an upper limit of 20k per year, similar to the quota for Master's in H1-B, might have relatively better chances of passing. Otherwise, all the anti-immigrant nuts from alipac and numbersusa will derail everything even before anything hits the discussion level...
btw, i read that the alipac founder was called lots of names in a NC newspaper...(details on their web-site)..that sounded like sweet nectar to me...he deserves all of it and more....the way he and all his honchos in their forum ban and bully everyone (not just illegal, but legal would-be immigrants)...just desserts!!!
Nobody knows this obsure group called USELESS ali pac. This group has no influence and it is totally inconsequential. That Green guy is a total jerk and no one cares what he says. We guys pay too much attention to this useless group. On the contrary NumbersUSA is an influencial group and they have paid lobbyist. These type of groups may have some communication between them but they are different groups. I think we should stop advertising/naming this ali group.
btw, i read that the alipac founder was called lots of names in a NC newspaper...(details on their web-site)..that sounded like sweet nectar to me...he deserves all of it and more....the way he and all his honchos in their forum ban and bully everyone (not just illegal, but legal would-be immigrants)...just desserts!!!
Nobody knows this obsure group called USELESS ali pac. This group has no influence and it is totally inconsequential. That Green guy is a total jerk and no one cares what he says. We guys pay too much attention to this useless group. On the contrary NumbersUSA is an influencial group and they have paid lobbyist. These type of groups may have some communication between them but they are different groups. I think we should stop advertising/naming this ali group.
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kshitijnt
05-11 03:20 AM
Dont worry. As long as you have last 3 months paystubs, always present them to INS even if they dont ask for it. For your last 2.5 months of bench check with your employer if he will give you a letter for unpaid leave of absence. Many people on H1 face this problem.
As meridiani said, you should visit india once before filing 485 and before your current visa stamp expires.
As meridiani said, you should visit india once before filing 485 and before your current visa stamp expires.
more...
gc_on_demand
08-06 03:05 PM
Are there public benefits that aliens can legally receive without worrying that they will be considered a public charge?
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
Point is should he put YES or NO in I 485. If he does put YES I am sure in given environment he will get RFE for his wife.
I just want to see if some has same or simillar situation..
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
Point is should he put YES or NO in I 485. If he does put YES I am sure in given environment he will get RFE for his wife.
I just want to see if some has same or simillar situation..
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quizzer
01-09 12:27 PM
not to trivialize the issue at discussion.......... I am sure this is important to you.
However, what does this have anything to do with Non Immigrant visas?
reason is i want expert opinion from members of this esteem forum (most of them belong to IT industry and some of them would have similar experience like me)
Also i didnt know which forum to raise this question and i thought this particular forum was more related than GC forums.
However, what does this have anything to do with Non Immigrant visas?
reason is i want expert opinion from members of this esteem forum (most of them belong to IT industry and some of them would have similar experience like me)
Also i didnt know which forum to raise this question and i thought this particular forum was more related than GC forums.
more...
roseball
03-07 10:34 AM
you can re-enter with previous visa stamp with company A's annotation as long as it is still valid..however, you need to have the latest I-797 approval notice from your current employer and show it to the immigration officer at the poe...
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StuckInTheMuck
03-09 09:50 AM
For those of you waiting on your pending I485 following a successful EB2->EB1 upgrade, it took me a little over a month after my I140(EB1) was approved late Jan, and only 3 weeks after the upgrade request was mailed to USCIS (relevant timeline is in my signature below). I received the "Welcome to USA" notice (for me and my wife) yesterday in my mailbox. Also, there was no prior LUD change or email notification (maybe they want to hit us with the good news, after causing so much heartburn). We had one (medical) RFE last year, because we skipped medicals while rushing our I485 petition to beat July 2 ('07) deadline.
A big THANK YOU shoutout to IV leaders who do the heavy lifting day-in and day-out for others like us, and hearty wishes to those of you waiting for a looooong time to get through this stage (this is my 10th year in US, but I sort of lazed around on my H1 until the fag end, when my friends forced me to shake a butt and initiate my "GC journey" early '06).
[ps. while I hesitate to say it here, I am committing $200 to IV just so others, who like me have benefited from IV's actions (both directly, such as "July-2 reversal", "2-yr EAD", "quick answers to urgent questions" etc, as well as in other intangible ways), make a similar gesture of appreciation after getting their GC]
Cheerio,
Stuck(no longer)InTheMuck
A big THANK YOU shoutout to IV leaders who do the heavy lifting day-in and day-out for others like us, and hearty wishes to those of you waiting for a looooong time to get through this stage (this is my 10th year in US, but I sort of lazed around on my H1 until the fag end, when my friends forced me to shake a butt and initiate my "GC journey" early '06).
[ps. while I hesitate to say it here, I am committing $200 to IV just so others, who like me have benefited from IV's actions (both directly, such as "July-2 reversal", "2-yr EAD", "quick answers to urgent questions" etc, as well as in other intangible ways), make a similar gesture of appreciation after getting their GC]
Cheerio,
Stuck(no longer)InTheMuck
more...
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meridiani.planum
11-26 02:57 AM
Hello Friends,
I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.
My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.
Thank you.
yes you can. Since your PD indicates your LC is >365 days old.
new H1 is same as transfer, there is no real difference in application etc. I assume you are moving from AOS-pending/EAD to an H1.
I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.
My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.
Thank you.
yes you can. Since your PD indicates your LC is >365 days old.
new H1 is same as transfer, there is no real difference in application etc. I assume you are moving from AOS-pending/EAD to an H1.
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snathan
02-23 06:53 PM
I successfully ported from EB3 to EB2 in the same company while on EAD
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
Porting is not walk in the park anymore. USCIS is scrutizing everything...you should be ok as long as everything is documented properly. Keep us posted.
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
Porting is not walk in the park anymore. USCIS is scrutizing everything...you should be ok as long as everything is documented properly. Keep us posted.
more...
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ajkastar
07-27 01:32 PM
Hi,
We are in a peculiar situation regarding our FP. Did you take your FP taken? If so, did you get your file updated sometime after FP was completed? When you gave FP the last time, do you whether they had processed it before the approval?
We had to postpone our 2nd FP in May and gave our prints only in the end of June. I heard that such cases get into delays or problems. The first time over, our FPs were cleared in a week.
Your response will be appreciated. Thanks.
Thank you!
Yes I had my 1st fingerprints done in 2003 and 2nd in 2006. Status was updated for first but not for second firgerprints.
We are in a peculiar situation regarding our FP. Did you take your FP taken? If so, did you get your file updated sometime after FP was completed? When you gave FP the last time, do you whether they had processed it before the approval?
We had to postpone our 2nd FP in May and gave our prints only in the end of June. I heard that such cases get into delays or problems. The first time over, our FPs were cleared in a week.
Your response will be appreciated. Thanks.
Thank you!
Yes I had my 1st fingerprints done in 2003 and 2nd in 2006. Status was updated for first but not for second firgerprints.
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GCBy3000
02-12 02:36 PM
If you have approved labor and 140, why you want to file EB2 perm?
1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.
2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.
Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
1. Are you jumping to another company? Yes you can do this as you are not substituting any labor. You are just porting YOUR PD.
2. Are you thinking to apply ther PERM from the same company? It is possible only if you jump to different department. Yes, you can still port the PD.
Substitution is the terminology used only when the beneficiary name changes. As long as the original labor is in your name, you can port the PD n number of times.
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
more...
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vin13
01-15 12:42 PM
We had an emergency and got our AP approved and collected it at the USCIS office. We left US the very next day. We had no issues returning back. So i think you should be OK.
Lets assume that USCIS mailed it the same day and you got it in a couple of days. :rolleyes:
I personally think you should be OK based on your approval dates.
Lets assume that USCIS mailed it the same day and you got it in a couple of days. :rolleyes:
I personally think you should be OK based on your approval dates.
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andy_8214
09-15 07:52 PM
Chandu keeps opening the threads and keeps talking to himself....he is so lonely.
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now2know
May 18th, 2005, 07:55 AM
Thanks for all this information!
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http://athens.ict.usc.edu/Research/HDR/
http://www.luminous-landscape.com/tutorials/hdr.shtml
We are taking these images as source data for visual rendering. We need to capture all data from nominal light levels up to the solar disk into one hemispherical image. To learn more about what HDR is, here's are some sites:
http://athens.ict.usc.edu/Research/HDR/
http://www.luminous-landscape.com/tutorials/hdr.shtml