doubleyou
05-19 04:39 PM
Pappu,
1)do you know what is the difference between the name check and background check., or is it the same thing.
2) Will getting the congressional office to follow up raise any red flag?
3) What other options to follow up, SR, multiple time, first waiting for IO, then extended check-6 months, now background check.
4)Does having two I140 mean anything in the delay
1)do you know what is the difference between the name check and background check., or is it the same thing.
2) Will getting the congressional office to follow up raise any red flag?
3) What other options to follow up, SR, multiple time, first waiting for IO, then extended check-6 months, now background check.
4)Does having two I140 mean anything in the delay
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anemmani
01-04 10:11 AM
H1B is considered a dual intent visa and spouses of H1B beneficiaries have a difficulty proving non-immigrant intent that is required for F1. If the primary applicant has I-140 approved, it is even more difficult. As a result, my wife did not pursue the F1 option. Instead, she is enrolled in college as a H4 dependent. H4 dependents under certain circumstances are eligible for instate tuition. However, they are not eligible for teaching & research assistantships. They are also not eligible to OPT (because it is a form of employment.)
Nag
Nag
cecil1558
10-15 03:38 AM
Thank you for posting this enlightning article. I think some of it is very true, give it fifty years and oriental Asia will have become an even greater threat to the US� leadership, if not ended it completely. I�ve never looked into this, so I�m asking: Aren�t there different immigration rules that aren�t as strict when you actually study in America? And when you go study there, do you need immigration permission and does it take you this long to get it or what?
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plreddy
08-04 05:38 PM
Same thing here also. My GC (primary ) was approved on 11-Aug-2008 and my wife's 485 is still pending. We went to India in November 2008 and returned back after 1 month. No questions were asked about my wife's AP.
Thanks
PL Reddy
Thanks
PL Reddy
more...

serg
10-31 11:21 AM
...If USCIS takes more than 3 months to renew your EAD, you could visit the nearest USCIS field office and request for an interim EAD after you have accrued 90 days of filing EAD renewal....
Didn't they stopped issuing interim EADs half an year ago?
Didn't they stopped issuing interim EADs half an year ago?

ras
02-11 08:03 PM
http://www.thedegreepeople.com/eb-petition.html
So go ahead on sign in the petition. Dont know how far it goes but atleast it does something good.
So go ahead on sign in the petition. Dont know how far it goes but atleast it does something good.
more...
cat555
07-08 11:14 PM
One bad day, my employer just realized that I was overpaid $8000 over 2 years. When I was with the company, I was told it was accountant mistake and I don't have to pay anything. It was all verbal so I don't have any witness.
After 2 months, I quit with 2 weeks notice.
Now he wants $8000 back or he won't pay my last 2 weeks.
I am on EAD and don't know what to do?
Can anybody advice?
After 2 months, I quit with 2 weeks notice.
Now he wants $8000 back or he won't pay my last 2 weeks.
I am on EAD and don't know what to do?
Can anybody advice?
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Lasantha
10-05 11:36 AM
Dream on. I have been trying it since inception but have never won. Well, that's why it's called a lottery.
Yep! Hey who knows? This might be your year too! :D
Yep! Hey who knows? This might be your year too! :D
more...
gotgc?
09-16 06:13 PM
Hi,
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
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Administrator2
03-28 01:41 PM
As needhelp! clarified, we will fix all these issues over the weekend. Kindly keep updating this thread with any tracker related issue you would like to report.
Also, kindly input processing information in your profile so that the tracker is more efficiently used by you and all other IV members.
Also, kindly input processing information in your profile so that the tracker is more efficiently used by you and all other IV members.
more...
msp1976
03-09 03:31 PM
My friend has 2 I-140s one EB3 (PD Dec 2002) and second one EB2 (PD Nov 2006) - what is the best option for him.
Whether he can use earlier PD for EB2 (I-485).
Please share your knowledge.
Doesn't matter....If he is from India/China, Without immigration refrom he is screwed either way....
If he is EB2 ROW then go with Nov 2006...
In any case please tell your friend to join IV and contribute to IV.....
Whether he can use earlier PD for EB2 (I-485).
Please share your knowledge.
Doesn't matter....If he is from India/China, Without immigration refrom he is screwed either way....
If he is EB2 ROW then go with Nov 2006...
In any case please tell your friend to join IV and contribute to IV.....
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shirish
11-12 08:49 PM
I applied without medicals for myself, my wife and my son. I got everything except AP. Did the FP one week back.
I applied without the medical for my wife, my son and me and I already received my receipts and EAD almost one month ago. My wife and my AP show an LUD yesterday and today but still pending but my son didn't show anything. USCIS received my application on August 14.
I hope this can help.
I applied without the medical for my wife, my son and me and I already received my receipts and EAD almost one month ago. My wife and my AP show an LUD yesterday and today but still pending but my son didn't show anything. USCIS received my application on August 14.
I hope this can help.
more...
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MissionImpossibleGC
08-24 11:34 AM
You can complain to DOL, if you have been paid less than a LCA amount. Also, you can complain to DOL, if the deduction of GC processing fee to DOL as it could have lowered the amount thats in your offer letter. You need have a proof that your company has deducted money for your GC from the paycheck.
BTW, You have no legal grounds to get the revenue (aka % the company earned) the company made out of you during your tenure.
In my paycheck and salary slips there are deduction but reason or description of the deduction are not mentioned. I have all salary slips with me. I am working on % based so some time even after deduction my anual salary is not less than 8 years old offer letter. My anual salary vary from 55k to 100k depending on project rate and lenth of projects in year. I find my own project since last 5 - 6 years and pay % to my greedy company for nothing. It took me 8 years to find out my company because my company is not a very small company and looks decent from top serface.
BTW, You have no legal grounds to get the revenue (aka % the company earned) the company made out of you during your tenure.
In my paycheck and salary slips there are deduction but reason or description of the deduction are not mentioned. I have all salary slips with me. I am working on % based so some time even after deduction my anual salary is not less than 8 years old offer letter. My anual salary vary from 55k to 100k depending on project rate and lenth of projects in year. I find my own project since last 5 - 6 years and pay % to my greedy company for nothing. It took me 8 years to find out my company because my company is not a very small company and looks decent from top serface.
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zCool
04-01 06:02 PM
I am waiting for 13 yrs! So frustration should not be excuse for law-breaking..
Every criminal has some sob story in the back-end that can be used to justify murder, robbery etc etc..
Anyways..
You want help.. here goes..
THERE IS NO LABOR SUBSTITUTION as of June 16 2007.
If your old sub labor was used by someone else.. AND his GC is not approved yet THEN your company can revoke that 140 and get your 140 approved that way. IF on the other hand that original beneficiary got 485 filed and AC21 invoked then you are plain out of luck.
I don't know what the heck this company B is talking abt, sending other labor etc.. I think they are pulling some stunt.. and basically lying!
If you have an option.. change and work for a good employer.. GC and all will happen in due time..
Every criminal has some sob story in the back-end that can be used to justify murder, robbery etc etc..
Anyways..
You want help.. here goes..
THERE IS NO LABOR SUBSTITUTION as of June 16 2007.
If your old sub labor was used by someone else.. AND his GC is not approved yet THEN your company can revoke that 140 and get your 140 approved that way. IF on the other hand that original beneficiary got 485 filed and AC21 invoked then you are plain out of luck.
I don't know what the heck this company B is talking abt, sending other labor etc.. I think they are pulling some stunt.. and basically lying!
If you have an option.. change and work for a good employer.. GC and all will happen in due time..
more...
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chmur
08-01 12:45 PM
Now that H.R 5582 has cleared Judiciary sub - commitee and moves to Judiciary Full Commitee, I think we all need to focus our "Call/Fax" campaign and overwhelm the fence sitters with calls etc .
1. At Full judiciary commitee the list of congressman would be more than 10-15 .Probably 30-40??. Size wise it might be prohibitive.
2 No point in 1000 of us calling Steve Kings ....He will never change his mind . Spare this effort to convince fence sitters instead. No point in calling the one who we know already support either.
This leaves us with plenty of time to repeatedly call the fence sitters and force them to jump our way
1. At Full judiciary commitee the list of congressman would be more than 10-15 .Probably 30-40??. Size wise it might be prohibitive.
2 No point in 1000 of us calling Steve Kings ....He will never change his mind . Spare this effort to convince fence sitters instead. No point in calling the one who we know already support either.
This leaves us with plenty of time to repeatedly call the fence sitters and force them to jump our way
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texcan
02-26 11:09 AM
I would like to find out if anybody here heard of H1B denial due to lack of MASTERS DEGREE IN PHYSICAL THERAPY.
When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.
Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.
I know this rule ( Masters required) was put in place about a few years back. I am surprised how come your employer or you did no know . There is a date/specific year, if you passed your PT before that date you can practice without a Masters.
if your pass out date is beyond that date you have to get a masters.
Solutions, not sure how well it can work at this time; but get a masters in PT.
Other solution can be is research to find out if any state still allows you to work without MS and take appropriate step to move to that state ( transfer license etc).
When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.
Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.
I know this rule ( Masters required) was put in place about a few years back. I am surprised how come your employer or you did no know . There is a date/specific year, if you passed your PT before that date you can practice without a Masters.
if your pass out date is beyond that date you have to get a masters.
Solutions, not sure how well it can work at this time; but get a masters in PT.
Other solution can be is research to find out if any state still allows you to work without MS and take appropriate step to move to that state ( transfer license etc).
more...
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Anysia
03-03 10:08 AM
FYI: Illinois Joint Committee on Administrative Rules, Administrative Code:
Title 68: Professions and Occupations
Chapter VII: Dept of Finacial and Professional Regulation
Subchapter b: Professions and Occupations
Part 1340 Illinois Physical Therapy
Section 1340.20 (a)(2)
Prior to January 1, 2002, the applicant's curriculum shall have a minimum of 120 semester hours which shall include a minimum of 50 semester hours credit in general education and at least the following subject areas in professional education (a minimum of 57 semester hours required)
Section 1340.20 (a)(3)
"Applicants graduating after January 1, 2002 must have a minimum of a master's degree in physical therapy"
Title 68: Professions and Occupations
Chapter VII: Dept of Finacial and Professional Regulation
Subchapter b: Professions and Occupations
Part 1340 Illinois Physical Therapy
Section 1340.20 (a)(2)
Prior to January 1, 2002, the applicant's curriculum shall have a minimum of 120 semester hours which shall include a minimum of 50 semester hours credit in general education and at least the following subject areas in professional education (a minimum of 57 semester hours required)
Section 1340.20 (a)(3)
"Applicants graduating after January 1, 2002 must have a minimum of a master's degree in physical therapy"
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pranju
05-29 09:04 PM
Donot forget to send the webfax :)
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jcrajput
06-18 05:02 PM
Make sure you post all the required document 5 "working days" - If appointment is on monday then your papers should reach by Sat of previous week....
Appointment on 29th June means your papers should reach latest by 19th [4 days is for weekend and one day is overlap].....
I had a bad experience when I went for interview at Mumbai consulate - When I reached the office they told me my appointment has been cancelled reason - document did not reach as per the expected time....I had to spend 10 days to get the next appointment...It was not a problem for me as I am from Mumbai...
Make sure you reach atleast 2 hours before your appointment time. local hawaldars make a mess of people standing in queue...
- Deepak
After taking an appointment date, how to report to the Mumbai Consulate? What type of documnets I will need to send to the consulate? Please help. I don't see this info on VHS site.
Thanks.
Appointment on 29th June means your papers should reach latest by 19th [4 days is for weekend and one day is overlap].....
I had a bad experience when I went for interview at Mumbai consulate - When I reached the office they told me my appointment has been cancelled reason - document did not reach as per the expected time....I had to spend 10 days to get the next appointment...It was not a problem for me as I am from Mumbai...
Make sure you reach atleast 2 hours before your appointment time. local hawaldars make a mess of people standing in queue...
- Deepak
After taking an appointment date, how to report to the Mumbai Consulate? What type of documnets I will need to send to the consulate? Please help. I don't see this info on VHS site.
Thanks.
rvendra
05-18 04:28 PM
Could you send me personal message, will talk to you.
raysaikat
05-30 01:22 PM
Hi,
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
The visa stamp on your passport does not determine your status once you are inside USA. Visa stamp on the passport is used just for entering the US. It is like a movie ticket. You will need the visa stamp on the passport only if you go out and need to come back again. The expiry date on the visa stamp simply means you cannot use that stamp to enter US after that date.
Once you are inside US, usually it is I-94 that determines how long you can stay. In the case of F1, usually I-94 says D/S, which means "Duration of Status" --- i.e., as long as your F1 status holds according to I-20, you are good. OPT is a part of F1. So as long as you do not stay beyond the date of OPT expiration, you are good.
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
The visa stamp on your passport does not determine your status once you are inside USA. Visa stamp on the passport is used just for entering the US. It is like a movie ticket. You will need the visa stamp on the passport only if you go out and need to come back again. The expiry date on the visa stamp simply means you cannot use that stamp to enter US after that date.
Once you are inside US, usually it is I-94 that determines how long you can stay. In the case of F1, usually I-94 says D/S, which means "Duration of Status" --- i.e., as long as your F1 status holds according to I-20, you are good. OPT is a part of F1. So as long as you do not stay beyond the date of OPT expiration, you are good.


