JA1HIND
01-27 09:54 PM
Your case is a bit different, I am not sure if you could avoid paying back as GC process is for your benefit so a company could request a pay-back, even though amount is a bit high and you did not get anything in return. I would compare it to a situation where company gives an employee a laptop and expect person to return it when s/he leaves a company.
helloh1's clause is different - company receives benefits by training its employees so it's just plain wrong to request a pay back in that case.
So just forget about it and move on, we all make mistakes and here in the US those mistakes usually cost money.
Thank you "lazycis" I agree with you and take your advise and let this go and be more cautious moving forward!
Once again I really appreciate for all the folks out there who looked into my request and your great posts!
helloh1's clause is different - company receives benefits by training its employees so it's just plain wrong to request a pay back in that case.
So just forget about it and move on, we all make mistakes and here in the US those mistakes usually cost money.
Thank you "lazycis" I agree with you and take your advise and let this go and be more cautious moving forward!
Once again I really appreciate for all the folks out there who looked into my request and your great posts!
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gapala
04-16 01:57 PM
Did you get an RFE before denial?
Could you please post who did the education evaluation for you? Was it a course by course eval?
It will also help if you could provide details on your labor certification category such as
section (203) (3) (i) or (ii) etc.. for skilled worker or professional. I believe You could also find this on your I-140 receipt notice..
'Will accept academic studies evaluated as equivalent of US Bachelors' This wording is tough to handle given that what you have is a Combination of courses evaluated as equivalent to US Bachelors, based on details provided in your post quote "I have a 3 year diploma & 1 year towards Bachelors in business" end quote.
Could you please post who did the education evaluation for you? Was it a course by course eval?
It will also help if you could provide details on your labor certification category such as
section (203) (3) (i) or (ii) etc.. for skilled worker or professional. I believe You could also find this on your I-140 receipt notice..
'Will accept academic studies evaluated as equivalent of US Bachelors' This wording is tough to handle given that what you have is a Combination of courses evaluated as equivalent to US Bachelors, based on details provided in your post quote "I have a 3 year diploma & 1 year towards Bachelors in business" end quote.
mbartosik
01-26 10:31 PM
The standard stuff line, I'd say is a frequent sign on foul intent.
If there is foul intent then "training" would likely mean the salaries of all your senior colleagues in the employers' opinion. At least he would claim some stupid figure.
If it really is an honest employer, he would be willing to modify or clarify the contract to identify the meaning of training as "elective external courses paid for by employer and run by external training companies or schools, at request of employee, for example MBA course.". Now that would be more standard, for example, if employer pays for your MBA course and you leave soon after completing it, then employers do often ask for the course fees back. However, if you receive highly customized (and non portable) training because you need it for your job that should not be included, and to try to require it is just foul intent.
You could even write your definition of "training" on the contract before signing it.
If you need non proprietary training to do the job you are applying for, it sounds like abuse of H visa, since applicant is meant to be qualified.
If there is foul intent then you don't want to be working for him anyway.
Maybe try speaking to any other employees on H or L visa by way of references.
If there is foul intent then "training" would likely mean the salaries of all your senior colleagues in the employers' opinion. At least he would claim some stupid figure.
If it really is an honest employer, he would be willing to modify or clarify the contract to identify the meaning of training as "elective external courses paid for by employer and run by external training companies or schools, at request of employee, for example MBA course.". Now that would be more standard, for example, if employer pays for your MBA course and you leave soon after completing it, then employers do often ask for the course fees back. However, if you receive highly customized (and non portable) training because you need it for your job that should not be included, and to try to require it is just foul intent.
You could even write your definition of "training" on the contract before signing it.
If you need non proprietary training to do the job you are applying for, it sounds like abuse of H visa, since applicant is meant to be qualified.
If there is foul intent then you don't want to be working for him anyway.
Maybe try speaking to any other employees on H or L visa by way of references.
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CADude
07-17 12:24 PM
You has incorrect infomation. Your Receive Date is a factor but PD is also a big factor, if limited number available.
If two person has submitted their application. One has PD 2001 and RD June 10 2007 and other had PD Jan 2006 with RD May 1 2006.
USCIS 485 Processing Date: June 15th 2007 and Visa Bullitin has "C"
Still PD with 2001 will get the the number first before PD 2006 case.
So
485 RD < USCIS 485 Processing date and PD < Visa Bulletin date
Order by PD desc
hope this help
I am not sure of this but from studying data, I get the impression that the GC are given out on a FIFO system based on when USCIS receives your I-485 (assuming it clears NC) and NOT PD date
jasquil
If two person has submitted their application. One has PD 2001 and RD June 10 2007 and other had PD Jan 2006 with RD May 1 2006.
USCIS 485 Processing Date: June 15th 2007 and Visa Bullitin has "C"
Still PD with 2001 will get the the number first before PD 2006 case.
So
485 RD < USCIS 485 Processing date and PD < Visa Bulletin date
Order by PD desc
hope this help
I am not sure of this but from studying data, I get the impression that the GC are given out on a FIFO system based on when USCIS receives your I-485 (assuming it clears NC) and NOT PD date
jasquil
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rajakannan
06-28 10:19 AM
Atleast let's all unite now and file properly ! It seems more imminent that uscis will stop accepting applications. Just rushing and filing will not solve the problem, Read below ,
Source: http://www.immigration-law.com/
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
Source: http://www.immigration-law.com/
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
The situation is particularly critical because of the USCIS decision not to accept the I-485 filings without the medical report. AILA demanded leniency but the USCIS reportely refused to accept such demand. Since medical report is "initial evidence" to I-485 filing, under the recent rule change, any I-485 filing with the medical report can be rejected or denied. Reports indicate that there are a huge backlog in scheduling medical examination in most of the areas in the country.
rajmirk
05-25 12:31 PM
You are not the only one. I have been waiting for my GC for 8 years now and it is nowhere in sight! I took the plan B (Canada) and became a PR there (it tookj just over a week, without the need for a job and without me leaving the USA, except to "land" there as the final step). Canada is not as bad as people may think. It looks just like the US, in many cases people are way nicer, multiculturalism is encouraged and enshrined in the Canadian constitution (as opposed to assimilation in the U.S.) and you have free healthcare and free social security for life, whether you are employed or not. Finally Canada has consistently ranked as one of the very top places to live worldwide (ranges from 1-5, it is 3rd this year, with U.S. in like #8) and there is so much to do there. Anyway, for a plan B, Canada is quite honestly pretty damn nice.
Trust me buddy - Canada is no heaven. If not USA, lets go back to our home-country - its way, way better. I have worked in Canada for a while (Montreal) and can tell you that it is no America. Not the standard of living, Not the technology, not the people, ofcourse not the weather :-) Just my 2 cents.
Trust me buddy - Canada is no heaven. If not USA, lets go back to our home-country - its way, way better. I have worked in Canada for a while (Montreal) and can tell you that it is no America. Not the standard of living, Not the technology, not the people, ofcourse not the weather :-) Just my 2 cents.
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Libra
01-11 10:07 AM
I sent letters to President and IV, how abt you?
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greencard_fever
08-05 10:01 PM
see my signiture...
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gdilla
07-27 07:50 PM
You should be able to tell by checking if your checks have cleared. I understand they may be company issued checks, as in my case, but make a friend in accounting and they will tell you. Forget HR or lawyer. That's what i did.
I understand...those that are calling USCIS have no other way of finding out if their receipts were issued, their Lawyer / EMployers may not even let them know...
So they call to see if USCIS may be able to lookup their case by Last name or something......
I understand...those that are calling USCIS have no other way of finding out if their receipts were issued, their Lawyer / EMployers may not even let them know...
So they call to see if USCIS may be able to lookup their case by Last name or something......
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shana04
11-19 10:26 AM
Received EAD and AP, but not FP yet. Not opened SR yet.
:-(
:-(
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sodh
12-14 05:08 AM
How about this ,my labor was offered to an employee,who was leaving the company, even when I was working for the company,until I threatened the employer that I will report this matter to the DOL.
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kumar4875
04-29 02:39 PM
hmm...,
1). what makes you think that these kings, generals and colonel's didn't contribute to the event?
2). What's your point?? close down this forum??
no just close this thread.
1). what makes you think that these kings, generals and colonel's didn't contribute to the event?
2). What's your point?? close down this forum??
no just close this thread.
more...
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nfinity
07-06 02:53 PM
Contributions go well with congratulations...
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nrk
11-04 10:06 PM
I believe pre adjudicated means, most of the processing is done, and waiting for the visa number availability.
Nothing will happen for you on the info pass, hopefully you will come back with a good news.
please update us after the info pass.
Also if you could update your profile (priority date etc) it would be good for the people who are following this thread.
Thakyou Nrk,
what do u mean by preadjudicated?
I cudnt wait nomore hence took an appt wt infopass for Nov 10th.
Hope all goes well.
U bet i would b ready to follow others, coz its gotten me all the worries in the recent past like never before.
Thnx again.SB
Nothing will happen for you on the info pass, hopefully you will come back with a good news.
please update us after the info pass.
Also if you could update your profile (priority date etc) it would be good for the people who are following this thread.
Thakyou Nrk,
what do u mean by preadjudicated?
I cudnt wait nomore hence took an appt wt infopass for Nov 10th.
Hope all goes well.
U bet i would b ready to follow others, coz its gotten me all the worries in the recent past like never before.
Thnx again.SB
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rvr_jcop
02-14 11:42 AM
I got LUDs on 2/10 on both mine and my wife's 485. My wife got an RFE email on 02/13. I do not know what this means either...
Looks like lot of EB-3 applications who filed 485 at the end of june got LUDs last week, some with RFE and some just soft LUD.
I got LUD on 2/10 for both my 485 and my wife's 485., though no RFE so far.
Looks like lot of EB-3 applications who filed 485 at the end of june got LUDs last week, some with RFE and some just soft LUD.
I got LUD on 2/10 for both my 485 and my wife's 485., though no RFE so far.
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Gravitation
12-13 10:12 AM
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
Too many people converted to perm-EB2 when EB3 retrogression hit. Also, excess EB2 RoW are not flowing to EB2-India but to EB3 instead.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
Too many people converted to perm-EB2 when EB3 retrogression hit. Also, excess EB2 RoW are not flowing to EB2-India but to EB3 instead.
more...
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vik352
11-21 01:52 PM
Let's start the call campaign. I want to be the baby that cries (or rather calls) a lot :-)
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eb3_nepa
12-04 08:06 PM
I'll belive it when i actually SEE it happen. Rediff and TOI report all sorts of stuff that is sometimes far from the truth. Remember when the bill was introduced in senate and was being debated, they published that the H1B increase bill has been passed! Let us get official word that this has happened and we can be happy after that.
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chmur
05-10 12:53 AM
"GC and Citizenship should not prevent anyone from pursuing their career and personal dreams - if not US - there are other countries where your skills would be welcome. Personally - i have given priority to career and family life ahead of visa issues and rest has automatically fallen into place"
I know this is easier said than done but I think for most part I have moved on .I have not got my GC yet (PD Nov 2003 EB3 -India) but allow me to chime in .
Actually I had little interest in pursuing GC to begin with(Mistake). Could have started earlier than I actually did and was lucky to breeze thru Labour and 140 stages(< 6 months) and did not follow I-485 progress till June -1 st 2007
Then suddenly in next 4-5 months browsed every info /problems/issues with GC. Made 3 info pass appointments(Name Check cleared), initiated 2 separate inquiries one thru OMBUDSMAN. must have called USCIS about 10 times and checked the online status atleast 3 times a day . Pedantic. Mostly because my application was pre-approved and lot applications around my PD's were approved and I thought I was really close . Alas, that was not to be . I was pretty dissapointed for a few months.
However in the last 6 months I have moved on mentally, I browse IV and consider other options like switching to Eb2 but gone are those pedantic days followed by huge disappointments.
Planning a career move with AC21/EAD option.
I know this is easier said than done but I think for most part I have moved on .I have not got my GC yet (PD Nov 2003 EB3 -India) but allow me to chime in .
Actually I had little interest in pursuing GC to begin with(Mistake). Could have started earlier than I actually did and was lucky to breeze thru Labour and 140 stages(< 6 months) and did not follow I-485 progress till June -1 st 2007
Then suddenly in next 4-5 months browsed every info /problems/issues with GC. Made 3 info pass appointments(Name Check cleared), initiated 2 separate inquiries one thru OMBUDSMAN. must have called USCIS about 10 times and checked the online status atleast 3 times a day . Pedantic. Mostly because my application was pre-approved and lot applications around my PD's were approved and I thought I was really close . Alas, that was not to be . I was pretty dissapointed for a few months.
However in the last 6 months I have moved on mentally, I browse IV and consider other options like switching to Eb2 but gone are those pedantic days followed by huge disappointments.
Planning a career move with AC21/EAD option.
GKBest
08-20 03:56 PM
This is really sad and very unethical. As my lawyer would put it, the I-140 is owned by the employer that's why he was hesitant at first to give me a copy. So I guess, your employer can do this. I think he knows that you won't have the gut to expose him since this will also put you in an awkward situation since you paid for your labor and I-140 which, strictly speaking, is against the immigration law.
Think of other ways to get even with him.
Think of other ways to get even with him.
dummgelauft
12-23 11:54 AM
Try getting info from any other consulate...you will feel the same.... I used to feel the same until I dealt with UK / French /Italian consulates for tourist visa....it was as horrible...
I dealt with the UK consulate and the CGI India at Chicago. Now, agreed this was many years ago, when I used to have a desi passport.
There was an awesome Asst. Consular Officer (i forget the exact designation), but her name was Deepa Jain. I submitted my desi passpost for renewal at CGI Chicago, using the procedure described on their then brand new website. Waited 4 weeks, nothing. This was in 1999, so I decided to call the conculate, totally expecting nobody to pickup the phone, but to my surprise, somebody picked up!!. I gave them the details of my application and old passport and the lady who answered the phone said "we will call you back".
Now, knowing what that means, I began to prepare myslef for weeks and possibly months of frustration..BUT...lo and behold, two days after my call to them, Ms. Deepa Jain called back ON MY cellphone to tell me "your passport was renewed and I wil lmake sure it gets sent out today itself!!". To tel you the truth, I was totally blown away, and if Ms Jain is still around in any of the consulates, hats off to you...but I digress..
Now comes the part with the UK consulate, again, in Chicago.
I wanted to visit UK and applied for a visitors visa providing them will all the things that they need. Their requirements are very stringent and they want a ton of information too.
The delightful englishwoman at the counter in UK consulate started to ask me all sorts of questions while leafing thru my documents. When she saw a copyof my Canadian PR card in there, she stopped and asked me to show her the original card, which I did. Once she saw it, that was it. Her next statement was "You may pick up your passport in the afternoon".
So, two things, it is the desi sarkari babus who mess it up for us, in the consulates and it is the poor image "enjoyed" by our desi passports (which used to be hand written" up until a few years ago) that create problems for us in the non-Indian consulates (European ones to be precise)J.apanese, Korean and othe Asian consulates tend to be much better in this regard.
I dealt with the UK consulate and the CGI India at Chicago. Now, agreed this was many years ago, when I used to have a desi passport.
There was an awesome Asst. Consular Officer (i forget the exact designation), but her name was Deepa Jain. I submitted my desi passpost for renewal at CGI Chicago, using the procedure described on their then brand new website. Waited 4 weeks, nothing. This was in 1999, so I decided to call the conculate, totally expecting nobody to pickup the phone, but to my surprise, somebody picked up!!. I gave them the details of my application and old passport and the lady who answered the phone said "we will call you back".
Now, knowing what that means, I began to prepare myslef for weeks and possibly months of frustration..BUT...lo and behold, two days after my call to them, Ms. Deepa Jain called back ON MY cellphone to tell me "your passport was renewed and I wil lmake sure it gets sent out today itself!!". To tel you the truth, I was totally blown away, and if Ms Jain is still around in any of the consulates, hats off to you...but I digress..
Now comes the part with the UK consulate, again, in Chicago.
I wanted to visit UK and applied for a visitors visa providing them will all the things that they need. Their requirements are very stringent and they want a ton of information too.
The delightful englishwoman at the counter in UK consulate started to ask me all sorts of questions while leafing thru my documents. When she saw a copyof my Canadian PR card in there, she stopped and asked me to show her the original card, which I did. Once she saw it, that was it. Her next statement was "You may pick up your passport in the afternoon".
So, two things, it is the desi sarkari babus who mess it up for us, in the consulates and it is the poor image "enjoyed" by our desi passports (which used to be hand written" up until a few years ago) that create problems for us in the non-Indian consulates (European ones to be precise)J.apanese, Korean and othe Asian consulates tend to be much better in this regard.
