kshitijnt
11-12 08:53 PM
Studentoflife:
You can consider filing a request with Department of Labor under freedom of information Act. (FOIA). DOL has a webpage dedicated to FOIA and how to apply. Under this they will be obliged to give you a response in 20 days on whether they will provide the information or not (only yes or no). If they delay more than 20 days, you can file a lawsuit in any US district court. If you prove to the judge that you are entitled to this information, DOL must provide it.
You can consider filing a request with Department of Labor under freedom of information Act. (FOIA). DOL has a webpage dedicated to FOIA and how to apply. Under this they will be obliged to give you a response in 20 days on whether they will provide the information or not (only yes or no). If they delay more than 20 days, you can file a lawsuit in any US district court. If you prove to the judge that you are entitled to this information, DOL must provide it.
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Lasantha
02-18 11:05 AM
Totally off the topic and beg your pardon. But do you know when they post the new USCIS processing dates. They still have the January posting.
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lecter
February 1st, 2004, 10:40 PM
I agree, a good "cheat" is a spray bottle of water on your belt...... makes them look way better in all sorts of conditions.
Also if you're going to have a lot of clusters, get the angle so they merge more, and saturate the final output more to give it oomph
Also if you're going to have a lot of clusters, get the angle so they merge more, and saturate the final output more to give it oomph
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gcnirvana
06-18 05:06 PM
Here is my situation:
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
I-140 approved and about to file 485.
Employer says he can file only 485 and no EAD for me. But he can file EAD/AP for my wife.
Can I file EAD/AP for me separately on my own? What are the consequences from my employer if I quit after six months of applying 485 (by that time I would've got my EAD/AP)? Can he reject my 140 and/or 485?
Yes It applies to new employer as well.
Here is my timeline
on h1 to US in 2001
filed labor in 2003 approved
Filed i 140 and i485 in 12/2003
Changed job to another employer on 05/2005 using EAD
got married, couldn't file for wife's GC
Applied for h1 through new employer in 2006
Premium processing of H1 approved in 15 days. Got wife here on H4
approved for 3 years for using I 140
PD current as of June 2006, filed for wife's GC who came here on H4
EAD can be canceled anytime by USCIS if underlying petetion i 485 is rejected. Also, if you change job before 180 days and your I 140 is not approved, old employer can withdraw it. Its kind of risky to do AC21 before 180 days from i485 RD.
more...
background color in html. ackground-color:
hopelessGC
04-28 12:02 PM
I found this information (probably posted before already), which could explain a little more about USCIS "pre-adjudication" procedures. It definitely provides a glimmer of hope and peace for those stuck in retrogression.
Please follow this link: http://www.visanow.com/VisaNowVoice/1108_Voice.html
I am posting information form this article that might interest the readers:
The DOS has now provided some clarification of the procedures that are to be completed by the adjudicating officer once a Form I-485 application has been �finalized,� meaning that all required processing and security checks have cleared. The adjudicating officer submits a �request for visa authorization� using the Immigrant Visa Allocation and Management System Web (IVAMSWEB) system. This system verifies whether the applicant�s priority date is within the applicable cutoff date for that month�s Visa Bulletin. The case is then assigned one of three statuses:
1. Authorized: the underlying priority date has been confirmed as current and the I-485 application should be immediately approved;
2. Duplicate: the A number associated with the application has already been authorized; or
3. Pending Demand: the priority date is not current, i.e., not within the cutoff date printed in that month�s bulletin.
Due to the retrogression of priority dates subsequent to the creation of the vast I-485 backlog, a great number of cases within that backlog are in Pending Demand status. More will be placed in that category once all required pre-adjudication processing has been completed.
According to the DOS, a Pending Demand case will be automatically authorized for an immigrant visa number once the underlying priority date has become current. The entire category is screened twice each month for visa number availability. If the priority date for a case is later found to be current, an immigrant visa number will be authorized for that case.
Based on the information quoted above, if your I-485 application is in "Pending Demand" status, then it is will be automatically authorized once a visa number is available for your priority date :D
Please follow this link: http://www.visanow.com/VisaNowVoice/1108_Voice.html
I am posting information form this article that might interest the readers:
The DOS has now provided some clarification of the procedures that are to be completed by the adjudicating officer once a Form I-485 application has been �finalized,� meaning that all required processing and security checks have cleared. The adjudicating officer submits a �request for visa authorization� using the Immigrant Visa Allocation and Management System Web (IVAMSWEB) system. This system verifies whether the applicant�s priority date is within the applicable cutoff date for that month�s Visa Bulletin. The case is then assigned one of three statuses:
1. Authorized: the underlying priority date has been confirmed as current and the I-485 application should be immediately approved;
2. Duplicate: the A number associated with the application has already been authorized; or
3. Pending Demand: the priority date is not current, i.e., not within the cutoff date printed in that month�s bulletin.
Due to the retrogression of priority dates subsequent to the creation of the vast I-485 backlog, a great number of cases within that backlog are in Pending Demand status. More will be placed in that category once all required pre-adjudication processing has been completed.
According to the DOS, a Pending Demand case will be automatically authorized for an immigrant visa number once the underlying priority date has become current. The entire category is screened twice each month for visa number availability. If the priority date for a case is later found to be current, an immigrant visa number will be authorized for that case.
Based on the information quoted above, if your I-485 application is in "Pending Demand" status, then it is will be automatically authorized once a visa number is available for your priority date :D
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royus77
07-01 03:11 PM
Anyone willing to join the lawsuit should be willing to join by giving full information about themselves and about their application. Yesterday core members asked this question on a thread and only one person out of thousands of people who visited the site said they are interested. Let us see who all are truely willing to join this lawsuit? It is very easy to annonymously post such messages, but when people cannot even give their corect email id , name and phone number in their profile I highly doubt a lawsuit will be possible.
Let us see on this thread how many members are willing to join a lawsuit?
Mostly of the people just think its just giving the annonymous name,phone numbers and getting the benefit of the decision .Please read these point and understand carefully before jumping.
Please be aware, though, that USCIS is likely to examine plaintiffs’ adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding “discovery.”
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
Let us see on this thread how many members are willing to join a lawsuit?
Mostly of the people just think its just giving the annonymous name,phone numbers and getting the benefit of the decision .Please read these point and understand carefully before jumping.
Please be aware, though, that USCIS is likely to examine plaintiffs’ adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding “discovery.”
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
more...
background color in html. Background Color In Html.
brav
10-06 10:42 AM
I posted this question on murthy.com and she ignored this question in her 2 last chat sessions on monday night.
I posted in the Greg siskind's FAQ organized by IV and I am hoping he will answer, to get some clarity to this.
My wife has OPT EAD and AOS EAD(485) and we are looking into
a. Would an AOS EAD invalidate OPT EAD automatically
b. If not, should any one be notified that we are presently pursing OPT EAD
c. Once OPT EAD expires would the switch to AOS EAD be automatic or Is there a process to switch to AOS EAD?
If any one has info, please share.
I posted in the Greg siskind's FAQ organized by IV and I am hoping he will answer, to get some clarity to this.
My wife has OPT EAD and AOS EAD(485) and we are looking into
a. Would an AOS EAD invalidate OPT EAD automatically
b. If not, should any one be notified that we are presently pursing OPT EAD
c. Once OPT EAD expires would the switch to AOS EAD be automatic or Is there a process to switch to AOS EAD?
If any one has info, please share.
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drirshad
11-14 03:01 AM
You need exp letter before filing 140 or 485 so don't worry anymore, checkout the following website get your salary you deserve a lot more than he owes ......
http://www.dhs.gov/xabout/structure/editorial_0482.shtm
http://www.dhs.gov/xabout/structure/editorial_0482.shtm
more...
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Since1997
08-13 11:32 AM
By the way 765 they say compliant till 7/2 which means individually filed 765 not the 765 which was sent with 485 package - Right ? Thanks! Yes, I think the status is for individual applications only - as far as I know.
If it goes with the same pace...then it may take very very long time to clear Jul 2nd - Aug 17th applications (receipt process)...unless they increse man power OR come-up with soem alternatives.....
Anyway TSC is far betther than NSC....
If it goes with the same pace...then it may take very very long time to clear Jul 2nd - Aug 17th applications (receipt process)...unless they increse man power OR come-up with soem alternatives.....
Anyway TSC is far betther than NSC....
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vivache
10-04 05:42 PM
Hi Thomas
That sounds perfect.
To clarify.
1. When did you go for the stamping?
2. Does this mean that you just fill the online form and then go to teh embassy on the designated day. No need to go to India and do this :"If you are submitting your forms to our application centre in Mumbai you must submit at least 3 working days in advance."
Thanks
Vivek
I got my visa stamping from mumbai conuslate. Its pretty easy. Take an appointment through VFS by getting a HDFC bank receipt after paying the fee. Check on the VFS site when is the available date. and then follow the link and book the appointment. You will get forms which are populated. If you have any mistakes in the form i think you can correct it at the mumbai consulate too. When you enter the consulate they will hand you the original form which you filled and then ask you to fill whatever you had missed out using your pen. you have to wait till your number calls out and then you get visa stamped and passport posted.
That sounds perfect.
To clarify.
1. When did you go for the stamping?
2. Does this mean that you just fill the online form and then go to teh embassy on the designated day. No need to go to India and do this :"If you are submitting your forms to our application centre in Mumbai you must submit at least 3 working days in advance."
Thanks
Vivek
I got my visa stamping from mumbai conuslate. Its pretty easy. Take an appointment through VFS by getting a HDFC bank receipt after paying the fee. Check on the VFS site when is the available date. and then follow the link and book the appointment. You will get forms which are populated. If you have any mistakes in the form i think you can correct it at the mumbai consulate too. When you enter the consulate they will hand you the original form which you filled and then ask you to fill whatever you had missed out using your pen. you have to wait till your number calls out and then you get visa stamped and passport posted.
more...
background color in html. Standard HTML colour names
ItIsNotFunny
09-23 09:10 AM
I don't get it - where are the rest of the 2468 members?
Can we send out a blast (through Pappu) to everyone on this forum?
Our need will be felt much more strongly is ALL of us participate - right guys? I'm kind of shocked that the number is only 32!!!!
North East guys, please keep doing now!
Can we send out a blast (through Pappu) to everyone on this forum?
Our need will be felt much more strongly is ALL of us participate - right guys? I'm kind of shocked that the number is only 32!!!!
North East guys, please keep doing now!
background color in html. ackground color in html.
Anders �stberg
March 3rd, 2004, 02:47 PM
I like. The varying tones are very interesting. I'm sure the black and white version looks better than the color.
The color version is very dull, so I tried desaturating and bumping the contrast quite a bit. I haven't done much B&W so it's a bit of trial and error but I think B&W might suit this type of graphic picture.
The color version is very dull, so I tried desaturating and bumping the contrast quite a bit. I haven't done much B&W so it's a bit of trial and error but I think B&W might suit this type of graphic picture.
more...
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ksrk
08-14 08:08 PM
Hi Omved,
You need one of the two documents (H1B stamp in passport or valid AP) to return to the US - that is simple. I agree with you that planning travel in anticipation of AP renewal is very dicey.
Your best bet would be to get your H1B stamp at a US Consulate (in India or Canada). My personal experience has been great at the US Consulate in Vancouver (but as you must know by now, there are no guarantees when it comes to immigration matters). The first step, of course, is to look for appointments in these consulates. No matter where, the process is lengthy but not impossible.
Not to scare you, but a colleague's application for H1B stamp got "picked" for extensive security check the last time he was in India (applied at the US Consulate in Delhi).
BTW, the law requires you to be in the US only when the AP (renewal or otherwise) is filed; not till you receive it in hand. So if you make all necessary arrangements for your H1B stamp, you can leave after the I-131 is filed.
-K
DISCLAIMER: Not legal advice - based on personal anecdotes, opinions and preferences.
You need one of the two documents (H1B stamp in passport or valid AP) to return to the US - that is simple. I agree with you that planning travel in anticipation of AP renewal is very dicey.
Your best bet would be to get your H1B stamp at a US Consulate (in India or Canada). My personal experience has been great at the US Consulate in Vancouver (but as you must know by now, there are no guarantees when it comes to immigration matters). The first step, of course, is to look for appointments in these consulates. No matter where, the process is lengthy but not impossible.
Not to scare you, but a colleague's application for H1B stamp got "picked" for extensive security check the last time he was in India (applied at the US Consulate in Delhi).
BTW, the law requires you to be in the US only when the AP (renewal or otherwise) is filed; not till you receive it in hand. So if you make all necessary arrangements for your H1B stamp, you can leave after the I-131 is filed.
-K
DISCLAIMER: Not legal advice - based on personal anecdotes, opinions and preferences.
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Legal_In_A_Limbo
04-27 09:22 PM
same happened with me, already posted on couple of other threads.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
Hi,
My H1 which was approved back in 2006 has been re-opened today...This is the status I see on USCIS web-site
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on April 26, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service.
I have used AC-21 and been working with new employer on EAD since April, 2008. I talked to my old employer and they said they have sent a request to withdraw my H-1B and all other immigration applications. So, I am assuming that they have also withdrawn 140. He also said when someone leaves the company its a normal process to withdraw all the immigration related documents.
Can you please tell me, what will happen to my cases. If someone has gone through the same, if they can share their experiece that will be really appreciated.
more...
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arnet
09-15 06:17 PM
start your GC process soon. atleast it will take another 5yrs to get it in EB2 category. good luck!!!!!:)
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jamesingham
06-23 08:59 AM
No not yet. Attorney says I will get it in October of this year. He also said PERM is going to be no problem .. problem may arise when we apply for EB-2 140.
Yes, the responsibilities are 50% different than my previous job.
Yes, the responsibilities are 50% different than my previous job.
more...
background color in html. The ackground for the divs
Desichakit
09-15 03:01 PM
Hi Sachug22,
There will not be any co-relation of EB2 and EB3 as dates are different
There will not be any co-relation of EB2 and EB3 as dates are different
background color in html. ackgroundcolor.jpg
gparr
February 2nd, 2004, 07:17 AM
Thanks to all for your feedback. All very helpful. I should have mentioned that I captured this image during a break at a trade show and, since I'm from Illinois and any flower is appealing at this time of year, I couldn't just let them go.
Russell hit the point I was trying to get to, but apparently didn't explain very well. In this kind of shot there, by default, is not focal point in the scene and, as Russell has demonstrated, you have to create something that isn't there from the human eye perspective. He was able to achieve the necessary composition in PS and it works quite nicely. The dilemma I face with these shots is that the visual impact is the planter full of blooming flowers and attractive foliage. One option is to have the planter be the focal point of a larger scene, but in this case, the larger scene was the grounds of the Anaheim Convention Center. Not a scene I want to capture. So the image becomes what's in the planter and then the problem is, what part of what's in the planter. Obviously, I could have gone for a macro shot of one cluster of flowers, but it was the collection of flowers that was attractive. From what Russell has demonstrated, the solution seems to be a semi-macro shot. To achieve that in the camera requires a narrow DOF and placement of the chosen flower cluster at one of the "rule of thirds" points. I guess, in the final analysis, there's no real good way to get a captivating image that shows a portion of the planter with as many flowers in focus as possible. (Of course, I could carry a small cherub figurine with me on business trips to plop into planters such as this as a focal point. Plus, it would be a good conversation piece at the airport security check in. ;) ) Thanks again to jliechty, lecter, and Russell. Additional comments appreciated.
Gary
Russell hit the point I was trying to get to, but apparently didn't explain very well. In this kind of shot there, by default, is not focal point in the scene and, as Russell has demonstrated, you have to create something that isn't there from the human eye perspective. He was able to achieve the necessary composition in PS and it works quite nicely. The dilemma I face with these shots is that the visual impact is the planter full of blooming flowers and attractive foliage. One option is to have the planter be the focal point of a larger scene, but in this case, the larger scene was the grounds of the Anaheim Convention Center. Not a scene I want to capture. So the image becomes what's in the planter and then the problem is, what part of what's in the planter. Obviously, I could have gone for a macro shot of one cluster of flowers, but it was the collection of flowers that was attractive. From what Russell has demonstrated, the solution seems to be a semi-macro shot. To achieve that in the camera requires a narrow DOF and placement of the chosen flower cluster at one of the "rule of thirds" points. I guess, in the final analysis, there's no real good way to get a captivating image that shows a portion of the planter with as many flowers in focus as possible. (Of course, I could carry a small cherub figurine with me on business trips to plop into planters such as this as a focal point. Plus, it would be a good conversation piece at the airport security check in. ;) ) Thanks again to jliechty, lecter, and Russell. Additional comments appreciated.
Gary
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skgc
04-08 03:45 AM
i am not a lawyer, so what i state here is from my personal experience. i have been to hawaii on an H1B 3 years ago. there was absolutely no problem anywhere. its like flying to any of the 48 mainland states. no one asked for passports anywhere ( i did not even carry it).
I ofcourse flew to hawaii, but i have taken cruises to mexico.
as long as the cruise ship does not touch a foreign port, you are good. check with the cruise company if they need a passport. they usually have info on what is required. before entering the ship, your papers are checked and if there is something needed for immigration when you return(like from mexico), they wont let you in until you show them the documents.
since you are boarding from US, visiting an US state, coming back to US, there should be no problem.
-sk
I ofcourse flew to hawaii, but i have taken cruises to mexico.
as long as the cruise ship does not touch a foreign port, you are good. check with the cruise company if they need a passport. they usually have info on what is required. before entering the ship, your papers are checked and if there is something needed for immigration when you return(like from mexico), they wont let you in until you show them the documents.
since you are boarding from US, visiting an US state, coming back to US, there should be no problem.
-sk
radhay
12-02 01:12 PM
just checked your PM and replied.
jvs
01-18 09:42 AM
One more possibility you should consider is that though you have an H1 extension and assuming you get your visa stamped till 2012, if you re-enter US before your extension is valid, you might only get the new I-94 till your current H1 validity of Mar'2010. I have seen such instances before with the reason being the IO at POE cannot give an extension based on future validity.
If "if you re-enter US before your extension is valid" is not the case then following is my experience.
Once you get the new H1 visa stamped, the old visa is "cancelled without prejudice" by the consulate. The consulate puts a stamp to that effect on your old visa in the passport. I don't see how an IO would consider the old H1 Valid at that point. I have gone through similar scenario once.
If "if you re-enter US before your extension is valid" is not the case then following is my experience.
Once you get the new H1 visa stamped, the old visa is "cancelled without prejudice" by the consulate. The consulate puts a stamp to that effect on your old visa in the passport. I don't see how an IO would consider the old H1 Valid at that point. I have gone through similar scenario once.
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