somegchuh
09-22 06:54 PM
Well, I don't see a problem with that. If you can file 485 without clearing 140, why can't you file 485 without clearing labor?
We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.
I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.
We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.
I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.
wallpaper love you mom poems. we love
maacho
02-13 01:47 PM
H1B or not to Be is the question ?
join IV for the answers ;)
join IV for the answers ;)
Blog Feeds
01-11 08:10 AM
The restrictionist Center for Immigration Studies has put out a DREAM Act proposal that could tell us what the Republicans might propose when they re-draft DREAM to their own liking. It's not horrible - some ideas, particularly those in the first of the two parts - would probably be areas where agreement could be reached. A few ideas - such as introducing a new extremely cumbersome process to get the green card after ten years - are really bad. But it is encouraging to at least be having a negotiation. One had the feeling in the last Congress that only...
More... (http://blogs.ilw.com/gregsiskind/2011/01/the-gop-dream-act-plan.html)
More... (http://blogs.ilw.com/gregsiskind/2011/01/the-gop-dream-act-plan.html)
2011 i love you mommy poems. i love
venky08
01-07 03:12 PM
there is a discussion about this elsewhere in the forum. please go thru the previous threads.
in those discussion threads, it was mentioned that after I-140 is revoked, the USCIS will send an RFE to you asking for evidence of future employment consistent with the labor certificate description. it will give you a few weeks time to respond back to the RFE.
Then you are to send a letter from your new employer that they are promising you a job in future where you would essentially do the same job functions as described in the labor...
if you inform the USCIS using AC 21 provision to change the job upfront, you may not get this RFE.
hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
in those discussion threads, it was mentioned that after I-140 is revoked, the USCIS will send an RFE to you asking for evidence of future employment consistent with the labor certificate description. it will give you a few weeks time to respond back to the RFE.
Then you are to send a letter from your new employer that they are promising you a job in future where you would essentially do the same job functions as described in the labor...
if you inform the USCIS using AC 21 provision to change the job upfront, you may not get this RFE.
hi Munna,
thanks for your reply. you said no effect on your GC. but once I-140 with drawn then how can USCIS process 485? can you please eloborate.
more...
sunshine7672
03-06 02:41 PM
Does anyone know when these fees might become effective? Is it 120 days after February 1st or is it at the start of FY2008 (October 2007)?
harivenkat
05-11 03:21 PM
Sent a mail to Senator Leahy at : senator_leahy@leahy.senate.gov
Please send him emails.
Dear Senator Leahy,
This is regarding recent hearing from USCIS Director Mayorkas and his response
to issue of backlog.
The issue of immigration backlog is a ubiquitous one ranging from family to employment.
Employment being really the big issue with 1-2 million legally working applicants waiting
to get greencard.
It is surprising that Mayorkas is not aware of this Burning situation faced
by a million plus legal applicants and that he needs to consult the experts. I wonder
if senate is interested in doing anything better, other than settling in for such a
mediocre explanation from the Head of USCIS.
What Mr Mayorkas could have suggested to mitigate the backlog is : Visa Capture, I-485
Preregistration, senate passing bills to increase visa number and other strategies that will resolve the
backlog issue. May be he can refer to these forums which can give him some thoughts coming from people
who are suffering first hand as result of such services of provided by USCIS :
Analysis Discussion - Immigration Voice (http://immigrationvoice.org/forum/forum108-anal)...
http://www..com/usa-discussion-forums/i...
USCIS has already shown us their (fiasco)effeciency during filings of 485 for 800000 applicants in
Jul 2007. They already are showing when it is coming to visa allocations every month. One wonders what
gives the confidence to Mr. Mayorkas to admit that USCIS can handle CIR ?
Mr. Senator, senate deserves a better explanation on strategy to reduce backlog while it owes a
greater responsibility of bringing relief to million plus tax paying, law abiding legal living applicants. I request you to set a follow up hearing to get to the root of the issue in resolving the backlog problem for EB category skilled worker applicants especially from India and China.
God bless you Senator !
Your's sincerely,
Please send him emails.
Dear Senator Leahy,
This is regarding recent hearing from USCIS Director Mayorkas and his response
to issue of backlog.
The issue of immigration backlog is a ubiquitous one ranging from family to employment.
Employment being really the big issue with 1-2 million legally working applicants waiting
to get greencard.
It is surprising that Mayorkas is not aware of this Burning situation faced
by a million plus legal applicants and that he needs to consult the experts. I wonder
if senate is interested in doing anything better, other than settling in for such a
mediocre explanation from the Head of USCIS.
What Mr Mayorkas could have suggested to mitigate the backlog is : Visa Capture, I-485
Preregistration, senate passing bills to increase visa number and other strategies that will resolve the
backlog issue. May be he can refer to these forums which can give him some thoughts coming from people
who are suffering first hand as result of such services of provided by USCIS :
Analysis Discussion - Immigration Voice (http://immigrationvoice.org/forum/forum108-anal)...
http://www..com/usa-discussion-forums/i...
USCIS has already shown us their (fiasco)effeciency during filings of 485 for 800000 applicants in
Jul 2007. They already are showing when it is coming to visa allocations every month. One wonders what
gives the confidence to Mr. Mayorkas to admit that USCIS can handle CIR ?
Mr. Senator, senate deserves a better explanation on strategy to reduce backlog while it owes a
greater responsibility of bringing relief to million plus tax paying, law abiding legal living applicants. I request you to set a follow up hearing to get to the root of the issue in resolving the backlog problem for EB category skilled worker applicants especially from India and China.
God bless you Senator !
Your's sincerely,
more...
h1vegas
06-24 02:24 PM
Hi all,
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
2010 love you mommy poems. love you
ebizash
02-10 05:58 PM
I think your attorney is right... Was your 140 approved in September.. meaning.. is Sept 19 close to your approval date? if that is the case I wouldn't worry. But if your approval was much earlier than Sept then it could be something to clarify from USCIS.
more...
Ramkumar
03-17 10:58 AM
Hi,
I�m in EB2 and My I-140 was approved September 2008 through Employer A. And I got laid off on November 2009 from EMP A, within 15 days I joined another Employer B. As per policy, employer B is not going to file GC for me. Already I spend 5 years on my H1B. I check with EMP A�s HR dept, they will not revoke my I-140 and H1B. I know AC21 is one of the options to transfer (Portability) my PD to Emp B after apply I-485.
It would be great if I get answer the below my Question:
1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved?
2. What are the documents needed from employer A, if I want apply I-485?
3. All my friends telling me, I can apply I-485, Is it true?
Tons of Thanks,
Ramkumar
I�m in EB2 and My I-140 was approved September 2008 through Employer A. And I got laid off on November 2009 from EMP A, within 15 days I joined another Employer B. As per policy, employer B is not going to file GC for me. Already I spend 5 years on my H1B. I check with EMP A�s HR dept, they will not revoke my I-140 and H1B. I know AC21 is one of the options to transfer (Portability) my PD to Emp B after apply I-485.
It would be great if I get answer the below my Question:
1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved?
2. What are the documents needed from employer A, if I want apply I-485?
3. All my friends telling me, I can apply I-485, Is it true?
Tons of Thanks,
Ramkumar
hair down I+love+you+mom+poem
looivy
08-15 10:43 AM
Any idea how do they transfer application from VSC to NSC? Process or guidelines around it would be helpful.
My para-legal told me that since my I-140 has a EAC number, my I-485 was also sent to Vermont.
Please advise.
My para-legal told me that since my I-140 has a EAC number, my I-485 was also sent to Vermont.
Please advise.
more...
adi787
12-11 08:15 PM
hi,
sorry to hear the denial.
Was this beyond 6th yr extn based on approved 140?
Or due to small company?
sorry to hear the denial.
Was this beyond 6th yr extn based on approved 140?
Or due to small company?
hot i love you mommy poems. i love
gsc999
01-19 02:35 PM
Bump
more...
house I love you Mom Poem Print
kavita_abb
10-10 02:15 PM
Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!
tattoo love you mom poems. we love
immigrant-in-law
04-04 11:59 AM
Apologies first. Could not find a link to start a new thread but what I am mentioning below has a direct bearing on people planning/trying for H1 transfers.
**************
Is there a requirement now that an H1 transfer petition must be submitted along with a copy of the company's contract with its client and a copy of the workorder issued by the client, in the canndidate's name?
We are faced with this situation now that we are effecting a candidate's H1 transfer. Our attorney wants these documents. We have also been told that the H1 extension will be granted only till the expiration of the client work order. So if it is a 6 month position, the H1 transfer would be granted for 6 months only. Fortunately in our case it is a much longer assignment.
Has anyone of you encountered this situation or heard about it? If true, does it not mean the end of H1 transfer as we have known it?
Regards
**************
Is there a requirement now that an H1 transfer petition must be submitted along with a copy of the company's contract with its client and a copy of the workorder issued by the client, in the canndidate's name?
We are faced with this situation now that we are effecting a candidate's H1 transfer. Our attorney wants these documents. We have also been told that the H1 extension will be granted only till the expiration of the client work order. So if it is a 6 month position, the H1 transfer would be granted for 6 months only. Fortunately in our case it is a much longer assignment.
Has anyone of you encountered this situation or heard about it? If true, does it not mean the end of H1 transfer as we have known it?
Regards
more...
pictures Happy Mother#39;s Day, I love you
texanguy
05-15 06:17 PM
I would like Representative "Representative Name" to co sponsor bills HR 5882 and HR 5921, sponsored by Zoe Lofgren.
I am confused, are we asking them to "co-sponsor" or to "support"?
Please advice.
I am confused, are we asking them to "co-sponsor" or to "support"?
Please advice.
dresses we love you mom poems. ipod
Saralayar
03-18 05:11 PM
there is no status called 'EAD' .. it is AOS/I-485 which gives the status. EAD just gives you work authorization. Probably the person who you talked to didn't have much idea about immigration.
FYI, I just got H4 extension for my wife (she got her SSN after showing her EAD few months back). So when you say that , getting SSN automatically changes status, is incorrect. What changes the status is if your spouse starts WORKING using EAD.. then she forgoes her H4 status and switches to AOS/485.
You are correct. Getting a SSN with EAD has nothing to do with H4.
FYI, I just got H4 extension for my wife (she got her SSN after showing her EAD few months back). So when you say that , getting SSN automatically changes status, is incorrect. What changes the status is if your spouse starts WORKING using EAD.. then she forgoes her H4 status and switches to AOS/485.
You are correct. Getting a SSN with EAD has nothing to do with H4.
more...
makeup we love you mom poems. we love
Apollon
06-30 12:16 AM
The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?
girlfriend i love you mom poems from
nat23
03-14 03:41 PM
Thank you all for the responses.
nat23,
My mother is planning to come to USA during first or second week of may.
Which city is she landing in the US? The reason I'm asking this is becuase my wife will be travelling from Bangalore to Detroit with my 4 month old kid.
Do you think you can help out here?
regards
Nat
nat23,
My mother is planning to come to USA during first or second week of may.
Which city is she landing in the US? The reason I'm asking this is becuase my wife will be travelling from Bangalore to Detroit with my 4 month old kid.
Do you think you can help out here?
regards
Nat
hairstyles i love you mom poems from
IAMINQ
03-18 05:19 AM
Dear Friend,
We don't know what was your understanding between you and your ex-employer, It seems to me that you voluntarily paid money when you are not supposed to. I am also not sure how you got an H1 transfer without getting paid... Lot of question marks ??? Its better you talk to a qualified attorney and get their opinion. You can definetly go after the ex-employer for not paying you which they are legally bound too.. You will get all your $$$$.
We don't know what was your understanding between you and your ex-employer, It seems to me that you voluntarily paid money when you are not supposed to. I am also not sure how you got an H1 transfer without getting paid... Lot of question marks ??? Its better you talk to a qualified attorney and get their opinion. You can definetly go after the ex-employer for not paying you which they are legally bound too.. You will get all your $$$$.
Sp�rL
04-23 11:00 AM
Wow top marks on the help there Templarian.
i got the SDL library etc now, and im on my way to getting started :P
w00t!!!
this pixel drawing is a bit crazy though lol.
i got the SDL library etc now, and im on my way to getting started :P
w00t!!!
this pixel drawing is a bit crazy though lol.
lazycis
12-10 11:22 AM
One can apply for EAD renewal before or after the current EAD expires. If you do not need a new EAD to continue working, there is no need to apply for a renewal well in advance. It won't raise any flags if you apply after current EAD expires. I did it without any issues. But because the new EAD will be valid for one year from the date a current EAD expires, there are no benefits in waiting either.
