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Member Profile: MasterOfNone (477 posts)

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Hello, I'm MasterOfNone (report this user)
I am from France
I last logged in on 22 Jun 2017
I have been a member since 28 Apr 2008
I have added 477 posts in trackitt forums
I added my last post on 01 Jun 2017
MasterOfNone's Immigration Cases
 
PERM case:   (2 comments)
User: MasterOfNone Nationality: France
Priority Date:23 Aug 2010Category:EB2
Audit Received?:noAudit Received Date:
Reason for Audit:Audit Replied Date:
Application Status:withdrawnApproval/Denial Date:
Total Processing Time:Days Elapsed:2741 days
Case Added to Tracker: 19 Feb 2014 Last Updated: 21 Jun 2017
Notes:

OPT case: Approved in 10 days (61 days less than average)   (3 comments)
User: MasterOfNone Nationality: France
Job Offer in Hand While Applying?:Service Center:Nebraska
Application Filed:02 May 2011Processing Type:regular
USCIS Received Date:26 May 2011RFE Received?:no
RFE Received Date:Reason for RFE:
RFE Replied Date:Application Status:approved
Approval/Denial Date:12 May 2011Card Ordered Date:
EAD Received:16 Jul 2011Total Processing Time:10 days
Days Elapsed:University:
Case Added to Tracker: Last Updated: 06 Feb 2017
Notes:

H-1B case:   (3 comments)
User: MasterOfNone Nationality: France
Application Type:transferService Center:Phoenix
Processing Type:premiumApplication Filed:01 Jan 2006
USCIS Received Date:23 Jan 2006Receipt Number:
RFE Received?:noRFE Received Date:
Reason for RFE:RFE Replied Date:
Application Status:deniedApproval/Denial Date:14 May 2008
TN Status:Most Recent LUD:
Total Processing Time:864 daysDays Elapsed:
Case Added to Tracker: Last Updated: 21 Jun 2017
Notes:
MasterOfNone's Posts
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Posted in H-1B Forum on 01 Jun 2017
Topic: URGENT - 6 yr H1b expiring - Wife Pregnant - Can't Travel


Thanks for your reply and best wishes.

So in your case, did your B1/B2 visa get approved or denied?

Our I-140 has already been filed, so if there is any conflict it would apply to our case. It would be great if you could let me know how you dealt with your situation.

Thanks!





You sure are in a bit tricky situation my friend. You have two options:

Option 1:
You should ask if your employer is willing to ask USCIS for expediting I-140. They have explicit criteria for that and yours might fall somewhere. There is no fee...and certainly no harm in trying. If they agree, your approval might come in a week and your employer can immediately for H-1B extension.

Option 2:
You should apply for a change of status to Visitors (I believe B2) BEFORE your H-1B I-94 expires. Once your H-1B I-94 expires you cannot work for your employer, and your status is based on your pending B2. The fact that you applied for I-140 doesn't indicate immigration intent just yet. It kicks in when you apply for I-485 (AOS) or apply for an immigrant visa where your intent is explicit.

Keep your I-539 forms ready (since things will be quite busy when baby arrives). Write a really good cover letter why you need a B2 visa. Attach a detailed letter from the doctor advising against travel due to advanced pregnancy and also from airlines website where they say they will not allow you to travel after 36 weeks of pregnancy. Ask for 3 months extension...instead of 6 months.

You will likely not hear the decision on I-539 at least for 6 months. You should leave the country IF you do not hear before 6 months. Retain copies of boarding passes, copies of submission of B2, doctor letters etc. In the future you can claim that you overstayed because of circumstances that are beyond your control. This should not be a problem if you are able to explain.

Additional things to keep in mind:
Do not forget to buy COBRA health insurance coverage after you resign because of the expiry of I-94 given your circumstances.
Apply US passport for the baby ASAP (if you like to have US citizenship for the baby). Then you would need an Indian visa or OCI card for the baby to travel with you. Here Indian embassy might ask for valid visa status. You would need to go in person and explain the situation to them. Just want to give you headsup of things in store...

good luck!
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Posted in I-140 Forum on 27 May 2017
Topic: Employer threatening to revoke my H1B and I140. Pls help!!

It is a recommend practice for employers to revoke H-1B once employment is terminated. That doesn't mean employee will not be eligible for future H-1B. However, you will loose the status the day your H-1B is revoked UNLESS you have any other petition pending or approved.

In your scenario, you can leave you current employer and start working with the new employer once you receive the H-1B receipt. Revocation of your former employer will not change anything. The catch here is that if this petition gets denied for any reason, then you will have 60 days from the date of denial to file another petition.

I-140 cannot be revoked by the employer after 180 days of approval. If the writes to USCIS that your I-140 was due to fraud then they will likely be in more trouble.
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Posted in I-485 Forum on 26 May 2017
Topic: Withdraw an application

No fee. Just send a letter saying you wish to withdraw along with copy of receipt and some form of identification.
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Posted in I-485 Forum on 24 May 2017
Topic: GC processing time for Canadian EB2 application


You sound like a rude guy but you are definitely ignorant. A PhD is first step to prove you have exceptional abilities. I wonder you know what a PhD is. EB1 applicants still need to provide a bunch of document to prove their work.



Dude...stop making assumptions. See my previous posts. I don't need to sit here and write what my background is and whether or not I have a PhD.

My reply here is simply to educate others and stop spreading of misinformation.

You do NOT need a PhD to prove that you qualify for Eb1A or Eb1B. sportsmen, artists, novelists, musicians, fashion models (including Melania Trump) got their GC under EB1A. They do not have a PhD. Sure, if you have a PhD, some activities such as publishing articles, citations garnered, peer reviews etc. will help satisfy some of the criteria required for EB1A and/or EB1B. Google USCIS EB1A and/or EB1B criteria and I bet you will not find a word 'PhD'.

Here is one lesson I learnt very early on trackitt: Don't get into arguments with trolls/fools like you. So I will leave it at that.
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Posted in I-485 Forum on 24 May 2017
Topic: GC processing time for Canadian EB2 application

EB1A and EB1B has nothing to do with PhD. Look up USCIS website for actual criteria. Stop spreading misinformation.
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Posted in I-485 Forum on 22 May 2017
Topic: Need to make a decision-Move to Canada or stay put (EB2, 2010)

I think many underestimate "tail risks" being on H-1B which are becoming more and more probable. Last year, there was 4 to 5 month wait to get an appointment at US Consulate to get visa stamped. So imagine a scenario where your H-1B is expired and need to travel urgently to India. You will not be able to come back for months. Would your job, and your house be safe until then? What if they continue to suspend premium-processing every year for few months? That limits mobility quite a bit. Remember, as the current situation persists, the workload on both USCIS and US Embassies will continue to increase...and processing times will only get worse.

They are already gunning for 3rd-party H-1B placements (USCIS can actually crackdown on "consulting" type H-1B anytime they want if they start strictly imposing employer-employee relationship criteria.) Let us say you have to move back to India because H-1B renewals become excessively burdensome. your kids be able to transition to India easily? Will they be able to pick up a regional language in school so they can clear their exams?

Sure, Canadian job market is hard...but guess what for creative souls, especially in IT, they can easily take up part-time and contracting jobs initially that could become fulltime. One can open their own business or even work remotely for their US employer. Also if H-1B situation persists, then many US companies will inevitably start looking north.

Your PD could actually take anywhere between 7 and 15 years to become current. If current trends persist, which is lot more likely, then about 1000 visas are available for primary applicants every year. There would be at least 10,000 primary applicants in 2009 even accounting for 2008 recession. So your PD is a long ways off.

Now, would you be able to live with those risks for that long? If you move to Canada first 2 to 3 years might be hard...but you will have peace of mind afterwards. Good luck with your decision.

PLEASE do post your final decision and your thoughts here so others can benefit.
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Posted in I-485 Forum on 08 May 2017
Topic: Visa unavailable

You should seek your congressman's help. You will have better communication channel with USCIS that way.
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Posted in I-485 Forum on 03 May 2017
Topic: Career change after EB1A self-petition


Thanks for the reply. However I think it is too late for that now as I already applied in 'astrophysics'. Victoria Chen's team had suggested I stick to astrophysics. Any idea if I need to stick to astrphysics jobs only if I want to use my GC?



So....when you are applying for EB1A, there needs to be a bonafide intent to work in that field indefinitely. I am sure you must have given a statement of your future plans (?) or details of your current employment as proof. Obviously life happens, people develop other interests and vocations, particularly attractive employment offers land in your mailbox, you may take new courses etc. In such scenarios your intent can change and pursue other things in life. As long as your intent to work in your field of extraordinary ability was bonafide *until and at the time your I-485 was approved* then you are good. There is no set period you need to work in Astrophysics post I-485 approval. Let us say you win a big lottery the day after I-485 approval, then well you have a strong enough reason to ditch your plans. Lawyers advise to work in your field of extraordinary ability typically for 6 months so no doubts arise in the future. This is just a guideline.
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Posted in I-485 Forum on 03 May 2017
Topic: Career change after EB1A self-petition

It is best to apply data science / data analysis / machine learning etc. as your field of extraordinary ability and use your Astrophysics research in that light. If you developed new models or analyzed data in a new way then you can show that you applied your skills for problems in Astrophysics. Look up V Chen website where some folks used 'computational modeling' as their field of extraordinary ability.
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Posted in I-140 Forum on 03 May 2017
Topic: EB1C is a new H1B


dude porting is allowed per law and perfectly legal if you meet the requirements.



You are wrong. Porting is allowed by USCIS policy and based on CFR (Code of Federal Regulation). This is based on agency's interpretation of laws or adopted policy. Priority date porting is not part of any law. There is HUGE difference between a law and policy based on laws. Therefore, porting can always be challenged in federal courts.

Let us say you have a WITCH employee who got EB2 in 2011. Now he can to go back to a foreign country and claim that 2011 priority date in future. In 2011 he did not satisfy EB1C requirements. So one can definitely sue USCIS that their policy is wrong, not intended by congress when they established employment-based preference categories, and therefore illegal.
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Posted in I-140 Forum on 03 May 2017
Topic: EB1C is a new H1B

If you REALLY want to do something about EB1C, then here something you should do. Sue USCIS that porting from either EB3 to EB2 or EB2 to EB1 is illegal.

You are seeing porting from EB3 to EB2 mostly affecting EB2. Now going forward all EB2 from WITCHES will go back and come back as EB1C with their OLD PRIORITY DATES. EB1 will also get horribly retrogressed.

So if you are EB2, you have a standing to sue about USCIS illegal practice of porting. They can port within the same preference category, but not from a lower preference category to higher preference category.
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Posted in I-140 Forum on 28 Apr 2017
Topic: H4 EAD Lawsuit

If tax reform fails...then Trump will start a war with North Korea. The man is getting desperate.
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Posted in I-140 Forum on 28 Apr 2017
Topic: H4 EAD Lawsuit


Kamakakazee18 the scenarios you laid out makes a lot of sense.

Then there is the issue of what battles does the Administration want to fight? Is the juice worth the squeeze? There maybe tighter restrictions around H1 that may anyway impact H4 visa holders

Lets also not forget that the H4EAD rule although important to many of us is not the top priority of the Administration. There are EPA (e.g. coal mining regulations) and SEC rules that the Administration would like to reverse under the congressional review act. If he signs off on the rollbacks, Trump will be the first president in 16 years to sign legislation using the Congressional Review Act to overturn federal regulation.

H4 EAD rule does not fit the timeline for the Congressional Review Act
https://www.whitehouse.gov/the-press-office/2017...



You are being delusional. H4 EAD is under grave threat...and time to accept the reality. Your arguments were sort of true three months ago, but DHS clearly stated in their motion they are considering amending the rule. Trump or Kelly aren't going to personally sit on this in the oval office and debate. Some low level policy guy in DOJ and DHS will talk about this to Sessions/Bannon/Kelly in the elevator. They get greenlight to amend the rule. Then career bureaucrats like Kevin Cummings take over. Govt. wheels start turning. This will happen precisely because this is a low profile (not low priority) and neatly fits with 'America First' and 'Hire Americans' theme.
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Posted in I-140 Forum on 27 Apr 2017
Topic: H4 EAD Lawsuit

Under equal justice under law, anybody can sue the govt. as long as court believes they have a standing. It really doesn't matter whether they are registered, have a website, or even a phone number.

H4 EAD was result of previous administration's policy that used their executive authority to grant employment authorization. This administration can reverse that policy...and can cleverly use this lawsuit as a vehicle. Had Govt. intended to defend it, they would have done so already. Plus they have already said in their motion that they are exploring if they should revise the rule. Just connect the dots my friend.
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Posted in I-140 Forum on 27 Apr 2017
Topic: H4 EAD Lawsuit

supporters of savejobs are in current administration. The current administration basically agrees with savejobs position, at least partially that H4 EAD has adverse effect on Americans. If current administration promises them to handle that part then the federal govt. authority of issuing EADs becomes moot.

Second, when they settle, they draw up an aggressive timeline to repeal EAD. Such settlements usually carry execution details and timeline that Govt. will be bound to. So don't believe when somebody says 'oh...amending H4 EAD rule will take forever'. That can be put on fast track and govt. will be bound by a timeline (just like they were for OPT rule before). So here is how I see it:

1) Govt. in six months from now announces they will amend H4 EAD to include compelling conditions.
2) Govt. gets involved in settlement talks that will involve timing and some specifics for the H4 EAD rule. Timeline could be a year. Settlement cannot just void the rule. Settlement will involve govt. agreement to go through notice and comment process (i.e. rule making).
3) Approval of settlement by the court.
4) Repeal/amendment of H4 EAD is set in motion with the target of court-approved deadline of about one year
5) Someone files a lawsuit against repeal/amendment seeking an injunction.
6) If injunction is given then uncertainty follows!

I wish I am wrong...but unfortunately I think things are on above track.
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Posted in I-140 Forum on 27 Apr 2017
Topic: H4 EAD Lawsuit

They don't need to win the rule. Govt. can just settle the case with plaintiffs saying we will amend the rule so as few H4 get EAD as possible. If the case is settled then court doesn't need to rule on the merits (i.e. if Govt. indeed as authority to grant EADs). So Govt. doesn't have to defend its authority to grant EADs.
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Posted in I-140 Forum on 27 Apr 2017
Topic: H4 EAD Lawsuit

If they try to amend the rule, and quite possibly they will, one route they may take is to add "compelling circumstances" clause like they did for I-140 EAD rule. That way H4 EAD is not automatic but subject to the discretion of USCIS based on strong need. Unfortunate, but something I strongly suspect will happen.

As to logistics, they will let existing EADs to expire and not issue new ones once the new rule goes into effect.

If you are an affected party then you have standing to sue the government. Just because the current administration doesn't like previous administration's rule, they cannot simply repeal it. They need to provide a strong data-backed and fact-based reasoning for amending or making a new regulation.
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Posted in I-485 Forum on 27 Apr 2017
Topic: Feb 2017 I-485 filers

They have high volume states (NY, NJ, MA etc.) and handle more than twice the volume of other centers. I would imagine staff recruitment/retention might also be a problem...for places like Lincoln, Nebraska!
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Posted in I-140 Forum on 25 Apr 2017
Topic: Child Status Protection Act (CSPA)

1) No CSPA protection unless AOS is filed before H4 kids turn 21.
2) Your priority date is not inherited by any of your dependents.

One unsolicited advice: Look into Canadian immigration.
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Posted in I-140 Forum on 25 Apr 2017
Topic: H4 Kid(AGING OUT) change of status to F1 in college

These are really tough situations.

I would like to offer some unsolicited advice for folks in similar situation. Given current immigration policy scenario, it is not a wise move to ensnare your kids too into this nightmare. They would have to start fresh, keep jumping through visa hoops, pay exorbitant out of state tuition fee, and discriminated against in job/internship opportunities. In fact, if current situation continues they may not be even able to get valid work visa status (H-1B) after they graduate with the current lottery system. There is lot of noise about changing all this, but frankly I doubt anything will change in next five years (either Trump's 2nd term or next dem president).

So here is my advice: Please ask your kids to think about Canada and apply to schools there. Some of the schools there are as good as any, provide scholarships and more importantly their system is LOT friendly to students with Canadian education and experience from immigration perspective. They will still be in north America and eventually down the line if they become Canadian citizens will get even more travel benefits.

Good luck!
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