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  • Desertfox
    11-09 05:33 PM
    Is it possible to change this thread title to "Indian doctors win legal battle in UK"??




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  • gcformeornot
    04-07 01:48 PM
    I hope it doesn't affect Employee (original labor) who have left GC employer using AC-21 with approved I-140 and after 180 days.

    This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.

    it affects the ORIGINAL applicant. AAO says the burden is on original applicant to prove wrongdoing by either employer or substituted new employee...

    "applicant failed to establish that the substituted alien improperly adjusted status"




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  • simple1
    06-12 10:26 AM
    fake post from loser's guild.

    Hi,

    While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.

    Now what are my options going forward and how does this affect my chances of a successful PERM filing ??

    I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).




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  • indyanguy
    10-19 07:52 PM
    Actually, IMO, stocks is a loosers game. Many have tried it and have lost a "lot" of money(including myself). If you would like to make money through investments(i didn't say *stocks*), you should go with something like mutual funds and have a well diversified portfolio across different asset classes.

    If you really want to get yourself into stock market investing, the best book(Holy Grail for people like Warren Buffet and many other Mutual Fund managers) to get started on is is The Intelligent Investor by Benjamin Graham. There are tons of discussion forums like morningstar.com that has discussions about finance related topics. You could also get started with Mutual Funds for Dummies, Common Sense book on Investing by John Bogle, The Intelligent Asset Allocator by Bill Bernstein etc., There are tons of other ones, but this would get you started.

    But, my 2 cents, have a long term goal, educate yourself on what investing(again, I didn't say stocks) is and get started. Investing is a marathon not a sprint.

    Hope this helps.

    Sanjay.

    Thanks for the info. This is helpful. I see what you are saying. However, don't you think that considering there are a lot of stocks that are at bargain prices (due to the downturn in the economy and not necessarily due to the company's performance), this would be the right time to buy and hold and build up the portfolio. As Buffet himself said "Be fearful when others are greedy, and be greedy when others are fearful."

    I strongly feel investing in well known companies' stocks which are battered temporarily is a nice way of expecting better returns when the stock market revives.



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  • desi3933
    05-14 01:33 PM
    H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?

    http://www.murthy.com/news/n_cosapp.html

    Thanks..

    Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.

    In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.

    However, please keep this mind (mentioned in that link)

    This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.


    Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.

    Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.

    ______________________
    Not a legal advice.
    US citizen of Indian origin

    .




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  • reddymjm
    09-17 12:56 AM
    Done



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  • GCard_Dream
    04-27 05:15 PM
    I am not sure. May be it is. Details are still not out yet and I don't see the text of the bill on thomas. Hopefully more detail will emerge in next day or so and then we will know for sure.

    http://www.swnebr.net/newspaper/cgi-bin/articles/articlearchiver.pl?160478




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  • rajnag21
    07-18 05:30 PM
    Hi All,
    My company has filed my 140 and 485 concurrently at TSC. Labor was from new hamshire. Is that ok ?
    EB3 india Nov 2004



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  • gcformeornot
    04-07 01:01 PM
    AAO Decision on Substituted Labor Certifications (http://www.cilawgroup.com/news/2010/04/03/aao-decision-on-substituted-labor-certifications/)




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  • prem_goel
    02-04 04:12 PM
    Attorney's please advise. My sister has an active job offer where we would like to explore this opportunity if any of you can help us in handling it. I need to know if this is possible under the law and if you can help us? Please reply and I'll contact your office.


    Much thanks in advance.



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  • perm2gc
    02-09 11:40 AM
    http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms

    Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.

    We must try Gandhian approach of appealing to their innate sense of justice.

    Only President bush can do something if somehow he can be convinced.
    People already sued USCIS couple of years back and lost the battle.Sad to hear about 15,000 people with their futures undecided.I also heard that many doctors are leaving US as they are unable to find a residency program.




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  • coopheal
    12-04 05:15 PM
    I cannot make it to the rally but will contribute 100$ towards the efforts.

    Thanks



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  • lkapildev
    11-13 04:21 PM
    You may be lucky You can have a GC without I-140 approval. True. Your GC status is subject to I-140 Approval


    You may be unlucky, USCIS might have returned your application or there is some RFE etc.

    Just prey




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  • reachinus
    10-31 10:20 AM
    They usually issue the I-94 till the validity of the Petition or expiry of the Passport in some cases. In my case i had a valid stamp from May 2004 till Jan 2006, but I had a new H1 from a new employer in Oct 2004 which was approved till Jan 2007 and when I entered US in may 2005 I was issed a new I-94 till Jan 2007 even though the stamp will expire in Jan 2006.

    Hope this helps.

    your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.

    .......
    They issue I-94 based based only on the expiry of the visa stamp.



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  • GCNirvana007
    04-08 04:00 PM
    Trying to reach you guys for a while now.

    1. How many active users are there as of today.
    2. What are the media we have connection with.

    Thanks.

    I have asked this question for 3rd straight day and yet no answer. Is it some kinda secret deal?. Thought its a public forum.




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  • sss123
    10-15 02:37 PM
    Hi Sam,

    I am in same situation i didn't receive the cards did you find any thing about your card. please let me know it helps me a lot.

    Thanks



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  • newxyz100
    07-17 04:34 PM
    I think you need to be in US when the application reaches the USCIS office.
    Right now you can send the application to your lawyers office and ask him to check the application.Mail it to the USCIS when u r back in the country.
    Once you travel outside the US you dont have any status,u need to be in country to adjust your status from non immgrant to immgrant.

    Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?




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  • prem_goel
    12-03 10:17 PM
    Thanks for the update. I have an appointment at Nogales in mid-Dec.

    Can you please let me know what the Banamex draft looks like? Also, any help regarding supporting docs would be helpful.

    They gave the banamex draft for $151. It just looks like a normal receipt (like grocery store receipts in US). Why do you ask?

    See my previous reply for supporting docs.




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  • immi2006
    11-06 10:03 AM
    What is new in your post ? It was like that for a few weekes now.
    I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.



    Thanks,
    Sury

    -------------------------------
    PD : Feb'07
    I-140 - Pending
    I-131 - Approved
    I-485 - Pending
    Center: TEXAS SERVICE CENTER

    Recieved EAD Card and FP done.
    -------------------------------




    bkshres
    01-23 04:21 PM
    Sorry for little confusion.
    What I mean was,
    - I filed I-485 for me and my wife
    - then after 180 days I switched to a new company with H1B transfer.
    - So, I am still in H1B status.
    - But my wife (secondary applicant) is using EAD based on I-485 and working.

    Which means we used AC21 for portability of our I-140 and I-485 cases.
    Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
    So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?




    desi3933
    02-21 08:29 AM
    ......
    My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.

    Thanks for the insight.

    For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).

    Here is my old post dated 09/09/2008 on this topic
    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704

    .....
    Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
    .....


    And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.

    In short, aal izz well.


    _______________________
    Not a legal advice.
    US citizen of Indian origin



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