Friend
02-18 10:21 PM
Unfortunately, we won't be able to do anything in your wife's matter. The people you are referring to as the ones whose cases got accepted are the ones with bounced checks. There is a difference between the manner in which USCIS treats cases with bounced checks and cases where checks are missing, are in an incorrect amount, there is a mismatch between words and figures in the check, check is not dated, check is not signed, etc.
In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.
In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.
For this reason, I advised you to wait until the PD for your category become current again.
In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.
In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.
For this reason, I advised you to wait until the PD for your category become current again.
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arrarrgee
07-17 02:39 PM
I second that...Why should there be a link between his req and his contribution? If we are able to answer/clarify whatever doubt he has..probably he would see the value in continuing with the group and probably contribute too...else no first timers would ever wanna join us
can you please help me link the connection between my request and my contribution to IV? I fail to undersand your point!
can you please help me link the connection between my request and my contribution to IV? I fail to undersand your point!
gccube
03-19 04:14 PM
Its unfortunate that you have a very recent RD. I talked to an IO at NSC yesterday and i was told that they will process the case based on the order they recieved. So they go by RD. If this is true then i guess you will have to wait some more time. Because thousands of people applied I-485 between June first to July 30.
May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.
May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.
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little_willy
09-26 12:52 AM
I guess all these options are possible as long as you maintain your H-1B.
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Steve Mitchell
October 19th, 2003, 11:44 PM
Great shot Don....I like that image a lot.
HV000
02-17 09:59 PM
Its probably wise to lobby both Sen. Dick Durbin and Sen. John Cornyn together.
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houston2005
08-21 11:26 AM
It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
Congrats.
Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
Congrats.
Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.
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raj2227
10-17 03:12 PM
1
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aadimanav
02-07 11:36 AM
Hello Friends,
Just curious to know your opinion / experience regarding the current job opportunities in India (near DELHI / NCR) for IT guys. What realistic salary/benefits should someone expect with graduate degree (masters) from US and 8 years of working experience as Programmer Analyst/ Developer / Sr Developer in desi/vedesi mid-sized consulting companies in US? I have no clue, no rough idea, so I thought may be I should ask you guys.
Regards,
Just curious to know your opinion / experience regarding the current job opportunities in India (near DELHI / NCR) for IT guys. What realistic salary/benefits should someone expect with graduate degree (masters) from US and 8 years of working experience as Programmer Analyst/ Developer / Sr Developer in desi/vedesi mid-sized consulting companies in US? I have no clue, no rough idea, so I thought may be I should ask you guys.
Regards,
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ash27
04-01 09:53 AM
Could somebody please advice if contract work on W2 would cause any issues at the time of adjudiciation? Any information will be greatly appreciated.
Thanks,
Thanks,
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kumara121
04-08 05:05 PM
USCIS demand sheet shows 17000 GC inventory until 2006. When the EB1 spillover to EB2 is 12000, don't understand how the dates moved less than 2 months. It looks like USCIS is very confused and making us all confused.
only good thing here is some movement is much much better than nothing.
only good thing here is some movement is much much better than nothing.
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cram
09-22 01:08 AM
I have a pending I-485 application (EB-3) and effective Oct 1, my PD will be current. My application has been pending for more than six months already so I will be covered by AC21. I never worked for my sponsoring employer but will be as soon as I get my GC.
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
>>>bumping>>>
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
>>>bumping>>>
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waitnwatch
11-09 11:36 AM
Mr. Dobbs at it again....spinning it his way. This is so pathetic that it isn't even amusing.
Here's the link http://www.cnn.com/2006/US/11/08/Dobbs.Nov9/index.html
The relevant sections are below.....He's so desperate that he puts up his nativist colors on full display by equating English to a vote against illegal immigration. Really clutching at straws.
He fails to say that Jon Kyl is not the strident anti-immigrant that Graf and Hayworth are. Does he not get the message? Or is he just "staying the course."
-----------------------------------------------
Take for example the state of Arizona, where voters sorted through 19 ballot initiatives, eight House races, one Senate race and chose a governor. Arizona voters approved four separate measures that revealed their frustration with the endless influx of illegal aliens into that state, including one measure that makes English the official language of Arizona. And don't think that the vote was an expression of social conservatism: Arizona also became the first state in the country's history to reject a ban on same-sex marriage, the only state among eight to do so this November.
Arizonans re-elected Senator John Kyl, who co-sponsored tough legislation to establish border security and reject illegal immigration. At the same time, they refused to send anti-illegal immigration candidates Randy Graf and incumbent J.D. Hayworth to Washington.
-------------------------------------------
Here's the link http://www.cnn.com/2006/US/11/08/Dobbs.Nov9/index.html
The relevant sections are below.....He's so desperate that he puts up his nativist colors on full display by equating English to a vote against illegal immigration. Really clutching at straws.
He fails to say that Jon Kyl is not the strident anti-immigrant that Graf and Hayworth are. Does he not get the message? Or is he just "staying the course."
-----------------------------------------------
Take for example the state of Arizona, where voters sorted through 19 ballot initiatives, eight House races, one Senate race and chose a governor. Arizona voters approved four separate measures that revealed their frustration with the endless influx of illegal aliens into that state, including one measure that makes English the official language of Arizona. And don't think that the vote was an expression of social conservatism: Arizona also became the first state in the country's history to reject a ban on same-sex marriage, the only state among eight to do so this November.
Arizonans re-elected Senator John Kyl, who co-sponsored tough legislation to establish border security and reject illegal immigration. At the same time, they refused to send anti-illegal immigration candidates Randy Graf and incumbent J.D. Hayworth to Washington.
-------------------------------------------
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GCwaitforever
03-17 12:53 PM
First we need to make sure all BEC cases from 2001-2003 are processed. Then only we can speculate on EB2 India 2004. When USCIS publishes end-of-year stats for 2007, we will know more about the situation.
----------------------
PD: May 2002 EB2 India
I-485 applied May 2007
----------------------
PD: May 2002 EB2 India
I-485 applied May 2007
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lskreddy
11-10 02:58 PM
The answer is no, she cannot volunteer. Community service is probably all one can do but any others that potentially can be perceived as displacement of US worker is certainly a no-no. In the proposed case, it can be construed as such.
Having said all this, its tough to interpret what actually is and is not true.
Having said all this, its tough to interpret what actually is and is not true.
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dc4opera
05-19 01:07 PM
One more thing, never disclose anything with company's attorney, they will be loyal to your employer and not you. Look for soem other attorney.
A few more questions:
1. While the I-140 is pending, can I get a different lawyer to file the I-485?
2. If I wait until the I-140 is approved and then get a different lawyer to process my I-485 (or do it myself), will this be a problem?
3. Can my employer withdraw the I-140 AFTER it's been approved?
Please advise me.
A few more questions:
1. While the I-140 is pending, can I get a different lawyer to file the I-485?
2. If I wait until the I-140 is approved and then get a different lawyer to process my I-485 (or do it myself), will this be a problem?
3. Can my employer withdraw the I-140 AFTER it's been approved?
Please advise me.
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PHANI_TAVVALA
12-02 08:06 AM
Hello Guys, I am in dilemma about applying for my greencard. I cam to U.S in 1999 ON F-1 and later converted to H1B after working on CPT and OPT. My 6th year is going to end Spet 30th 2009. I have never been too inclined about settling over in U.S and I didn't care to apply for my Greencard. I am in the process of completing my part-time M.B.A and would like to extend my stay by another year or 2 (that is end of 2010 or 2011).
My question is: I have all my papers ready to be submitted to my lawyer to apply for labor certification. But considering that it will take 3-4 months for advertisement and other stuff and probably another 3 months or more for getting labor cleared, I am wondering if I will be able to apply for I-140 and therby H1B 7th year extension. Have I runt out of time? Should I even apply for my labor or just convert to F-1 and wrap up my studies before returning back? I will greatly appreciate your suggestions.
My question is: I have all my papers ready to be submitted to my lawyer to apply for labor certification. But considering that it will take 3-4 months for advertisement and other stuff and probably another 3 months or more for getting labor cleared, I am wondering if I will be able to apply for I-140 and therby H1B 7th year extension. Have I runt out of time? Should I even apply for my labor or just convert to F-1 and wrap up my studies before returning back? I will greatly appreciate your suggestions.
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Quest99
09-14 03:54 PM
You started working for Company B before or after the H1 transfer receipt notice ?
is LCA for H1 filed after you joined company B - is it legal ?
Its likely possible you may have signed some contract with them in the offer letter, you can keep the communication only thru emails. And ask them for a copy for the basis for their standing.
Sorry I should have been more clear.
I never worked for Company B , I am still with Company A. Company B just got the LCA approved (and they claim that they have filed for the H1b transfer). The start date with Company B as per the offer letter is 1 week from now. I informed them that I cannot join them 1 week before.
I have same set of copies (offer letter) that I signed them, I couldn't find anything which says anything about $3000. All it says "At Will" in nature. All of a sudden these guys are coming with a 3 months story which I am not seeing and there is no evidence.
I am afraid if they will insert a paper or something like that with in the offer letter, don't know..these guys will do anything.
is LCA for H1 filed after you joined company B - is it legal ?
Its likely possible you may have signed some contract with them in the offer letter, you can keep the communication only thru emails. And ask them for a copy for the basis for their standing.
Sorry I should have been more clear.
I never worked for Company B , I am still with Company A. Company B just got the LCA approved (and they claim that they have filed for the H1b transfer). The start date with Company B as per the offer letter is 1 week from now. I informed them that I cannot join them 1 week before.
I have same set of copies (offer letter) that I signed them, I couldn't find anything which says anything about $3000. All it says "At Will" in nature. All of a sudden these guys are coming with a 3 months story which I am not seeing and there is no evidence.
I am afraid if they will insert a paper or something like that with in the offer letter, don't know..these guys will do anything.
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rex
04-25 11:00 AM
hello folks,
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?
one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?
I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.
Thank you
Rex
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?
one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?
I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.
Thank you
Rex
gcformeornot
01-11 04:26 PM
I was laid off this week. I have been trying to find job and i feel its not going to be easy to find a job. If thing wont work by April, I m thinking to move back India.
PD : EB2 I - OCT 2004
I140 approved, I 485 pending > 180 days. On EAD
50 Dollars monthy contribution to IV.
about your situation. I have a friend, his company has said if they don't find project in a week, they will have to move him back. And its not a small company. Its like no 3 Indian software comapny
PD : EB2 I - OCT 2004
I140 approved, I 485 pending > 180 days. On EAD
50 Dollars monthy contribution to IV.
about your situation. I have a friend, his company has said if they don't find project in a week, they will have to move him back. And its not a small company. Its like no 3 Indian software comapny
Ann Ruben
05-15 04:38 PM
no worries. my response should have been more precise.
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