ArkBird
08-05 03:04 PM
Guys as gk_2000 said it does not apply to us
Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)
Well in those cases the term "Long Term" does not apply because as per my understanding, the longest duration one can be on "Conditional Residency" is 2 years.
I think this is smart ploy by Lord Session. It hits multiple birds with one stone.
1. He can attract moderate republicans, centrist and independents by showing he cares for immigration. Election season is approaching!
2. Create in-fight between legal and illegal supporters.
3. Weaken CIR... Pleasing his base
Log In (http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD)
Well in those cases the term "Long Term" does not apply because as per my understanding, the longest duration one can be on "Conditional Residency" is 2 years.
I think this is smart ploy by Lord Session. It hits multiple birds with one stone.
1. He can attract moderate republicans, centrist and independents by showing he cares for immigration. Election season is approaching!
2. Create in-fight between legal and illegal supporters.
3. Weaken CIR... Pleasing his base
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augustus
05-06 03:28 PM
Does replying to RFE along with all required documents means GC is coming soon ??
Augustus..did you get GC yet ?
Thanks
My husband too replied to the RFE. So far, there has been only case resumed message. I am not sure if this kind of RFE will result in a Green Card. I pray that we all get our cards soon. I feel we have all given our share of sacrifices and played it fair and square so far.
Augustus..did you get GC yet ?
Thanks
My husband too replied to the RFE. So far, there has been only case resumed message. I am not sure if this kind of RFE will result in a Green Card. I pray that we all get our cards soon. I feel we have all given our share of sacrifices and played it fair and square so far.
HRPRO
02-07 10:56 AM
Thanks for the response.
The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.
So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.
I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.
To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.
So my question remains. How do we get classification as Project manager under EB2 with proper wages?
Make the Job Description sound more generic and remove the CIS terminology as much as possible.
The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.
So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.
I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.
To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.
So my question remains. How do we get classification as Project manager under EB2 with proper wages?
Make the Job Description sound more generic and remove the CIS terminology as much as possible.
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gc28262
03-09 11:41 AM
incorrect thought.
I-9 is a Employment Eligibility Verification form that stays with the Employer.
She is considered to be on an AOS status. nothing to be done.
This is my understanding.
when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.
How will USCIS know that the beneficiary has switched out of H1 status ?
I-9 is a Employment Eligibility Verification form that stays with the Employer.
She is considered to be on an AOS status. nothing to be done.
This is my understanding.
when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.
How will USCIS know that the beneficiary has switched out of H1 status ?
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ashkam
09-14 07:42 AM
I watched Schindler's list and I don't know, I feel the Jews had it a bit worse than the "highly skilled immigrant" community. You know, what with the gas chambers and millions executed and what not.
mallickarjunreddy
07-05 04:43 PM
labor Substitution ....Heloooo!!!!
Hey its give and take rite , if he bought the labor and or abused the system
it was there to be abused , i know gaziiilllion other people who bought labor and now have GC so dont go after this guy if u want go after the ones who provide such kinda services viz a viz desi employers who by the way are laughing all the way to the bank
Hey its give and take rite , if he bought the labor and or abused the system
it was there to be abused , i know gaziiilllion other people who bought labor and now have GC so dont go after this guy if u want go after the ones who provide such kinda services viz a viz desi employers who by the way are laughing all the way to the bank
more...
permfiling
08-04 01:05 PM
He can use AP to renter. USCIS would not have approved to give EAD if USCIS determined he was out of status in the first place.
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nlssubbu
07-24 06:54 PM
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.
Thanks
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.
Thanks
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VivekAhuja
02-04 04:15 PM
Inviting parents to the USA and getting their visa is not dependent on what your immigration status is in the US. As long as you can support them (job/salary) and you are legally present in the USA, you can invite them. Getting the Visa is entirely dependent on the interview. No amount of supporting paper work will help if the interviewer determines (for whatever reason) that they will become public charge in the USA (even health wise) or that they will not leave back to the home country.
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h1techSlave
10-14 04:29 PM
This bill should be supported by all EB categories. 50,000 visas per year is significant.
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karthikgk
10-19 11:10 AM
Hello,
My EAD (based on I-485 for EB-3; PD - July 2003) expires in the first week of Nov and I applied for my renewal in August and got a notice stating that my application has been received and it will be processed.
I have not received the new EAD yet (status on the website says 'Initial review') and chances are that I may not get one before the current EAD expires.
Am I dead in the water? Both my wife and I need EAD as our H1 has expired and we have changed jobs.
Obviously I am worried sick,
Any help, pointers, suggestions are much appreciated.
Thanks,
My EAD (based on I-485 for EB-3; PD - July 2003) expires in the first week of Nov and I applied for my renewal in August and got a notice stating that my application has been received and it will be processed.
I have not received the new EAD yet (status on the website says 'Initial review') and chances are that I may not get one before the current EAD expires.
Am I dead in the water? Both my wife and I need EAD as our H1 has expired and we have changed jobs.
Obviously I am worried sick,
Any help, pointers, suggestions are much appreciated.
Thanks,
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qtoask
07-11 01:06 AM
USINPAC: Not sure they have co-ordinated as per my understanding, Does CORE knows??
Definitely they have not started this campaign.
As per USINPAC, you need to say thank you to them as they claim to have started and run this campaign.
Definitely they have not started this campaign.
As per USINPAC, you need to say thank you to them as they claim to have started and run this campaign.
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gogreen39
07-24 04:29 PM
Hi ,
Our attorney mailed our applications to NSC on 7thJune and thru USPS tracking number, we know it has reached NSC on11th June early morning. Have called NSC 5 times in last 3weeks, but every time, I am told our data is not in the system.... Our attorney is asking us to hold on for some more time, till he hears from his bank if the checks have been encashed??? But till now, no news...
Kindly let us know, if anybody who have filed at same time and have not yet received any update???
Thanks in advance!!!!
Our attorney mailed our applications to NSC on 7thJune and thru USPS tracking number, we know it has reached NSC on11th June early morning. Have called NSC 5 times in last 3weeks, but every time, I am told our data is not in the system.... Our attorney is asking us to hold on for some more time, till he hears from his bank if the checks have been encashed??? But till now, no news...
Kindly let us know, if anybody who have filed at same time and have not yet received any update???
Thanks in advance!!!!
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txh1b
08-18 12:19 PM
Currently i am asking my employer to refund me the Medical expenses that they have been charging me without my knowledge. Since they are not responding back to my questions, i have threatened them that i will pursue for my GC expenses also that they promised to cover (also documented in my offer letter).
My current status is EAD and i no longer work for that Employer and i am out of job and looking for employment right now.
This seems to be a civil issue and no govertment agency will be able to help you as far as medical charges go. With regards to the GC fees, only Labor costs have to be paid by the employer after July 2007. Rest of it can be legally passed over to you. I think you have no claim whatsoever that will interest a govt agency if the labor was filed before July 2007.
My current status is EAD and i no longer work for that Employer and i am out of job and looking for employment right now.
This seems to be a civil issue and no govertment agency will be able to help you as far as medical charges go. With regards to the GC fees, only Labor costs have to be paid by the employer after July 2007. Rest of it can be legally passed over to you. I think you have no claim whatsoever that will interest a govt agency if the labor was filed before July 2007.
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nk2006
12-14 01:25 PM
Unfortunatley Dems have not shown much zeal which conveys that Immigration Reform is one of their important agenda.
That is my point. House majority leader listed the priorities and immigration is not there. If immigration is not taken up in early-mid '07 it will be difficult to bring it up later � it will be presidential primary season and all candidates will try to position themselves to garner maximum party �base� votes. CIR is controversial to say the least and politicians may skip it to avoid any controversy. Our best bet was SKIL bill; in the new congress it has to be re-introduced and discussed. May not be possible - especially if there is a proposal to bring back CIR. Currently our best bet may be some interim measures during Jan-Feb when appropriation are taken up again (BTW is this right? Does appropriations are extended only until Feb 15th there will be similar bills before that? Can immigration related aspects can be attached to one such if possible).
That is my point. House majority leader listed the priorities and immigration is not there. If immigration is not taken up in early-mid '07 it will be difficult to bring it up later � it will be presidential primary season and all candidates will try to position themselves to garner maximum party �base� votes. CIR is controversial to say the least and politicians may skip it to avoid any controversy. Our best bet was SKIL bill; in the new congress it has to be re-introduced and discussed. May not be possible - especially if there is a proposal to bring back CIR. Currently our best bet may be some interim measures during Jan-Feb when appropriation are taken up again (BTW is this right? Does appropriations are extended only until Feb 15th there will be similar bills before that? Can immigration related aspects can be attached to one such if possible).
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kk_123
09-21 06:35 PM
Hi, I am from India and applied for GC under EB2.my priority date is 01-21-2-2007.I filed concurrently I-140 and I-485 in july 2007. got my EAD and using it.EAD is valid for one more year.I-485 is still pending. my wife have filed a case against me in India.The indian court issued non bailable arrest warrent against me. I am not going to India to attend the court proceedings.Now the proceedings and non bailable arrest warrent against me is pending in indian court since 2 years. my indian passport has impounded by ministry of external affairs, India. The interpol in india has sent extradition papers to Interpol, washington D.C. there is no red corner notice issued against me. my questions are:
1. if My wife informs USCIS that the court proceedings and non bailable warrents are pending against me in Indian court, and my passport was also impounded by gove of india, does the USCIS reject my green card?
2) as my record is with interpol, washington D.c , when FBI name checks happens, does FBI find my name in interpol data base and inform USCIS about it?
3) As I applied green card based on my Indian passport, when my passport is under inpounded status , does USCIS consider my passport status to issue gC?.
Kindly advise me.
Thanks in advance.
1. if My wife informs USCIS that the court proceedings and non bailable warrents are pending against me in Indian court, and my passport was also impounded by gove of india, does the USCIS reject my green card?
2) as my record is with interpol, washington D.c , when FBI name checks happens, does FBI find my name in interpol data base and inform USCIS about it?
3) As I applied green card based on my Indian passport, when my passport is under inpounded status , does USCIS consider my passport status to issue gC?.
Kindly advise me.
Thanks in advance.
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Charles H. Kuck
12-16 02:16 PM
File an H-1B extension while the PERM appeal is pending, asking for one year extension beyond the 6th year. It will be approved with proof of the pending appeal. Then, file a prepare a new PERM filing, withdraw the appeal, and file the new PERM case. With LUCK, you will be able to get the PERM approved and Premium Processed the I-140 before the termination of the 7th year H-1B.
Best regards,
Charles
Best regards,
Charles
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GCBy3000
06-18 02:17 PM
To invoke, AC21 you should have filed 485 and passed 180 days.
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
Hi Gurus,
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Thanks in advance!
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
Hi Gurus,
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Thanks in advance!
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snathan
04-28 05:40 PM
Until you know the reason for denial, its difficult to give any opinion. If you know the chances are very low if you are going for appeal, I would still advise you for that to get some time.
1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
2. If your I-140 is denied, it will trigger the I-485 denial.
3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.
I am not sure but think you can use EAD if you go for appeal...
So its always good to have H1B as back up for EAD and AP. At least you will be in status.
1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
2. If your I-140 is denied, it will trigger the I-485 denial.
3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.
I am not sure but think you can use EAD if you go for appeal...
So its always good to have H1B as back up for EAD and AP. At least you will be in status.
shana04
02-06 09:50 AM
I just wanted to bump this and get people's opinion on what paper work and other things we should be aware of by not changing the employers who sponsered our green card, but have applied for 485, have I-140 approved (180 days passed since I-140 approval and I-485 receipt dates) and received EAD/AP.
I guess lot of people are in this category. So far, the only advise I have seen is: Extend H1 instead of using EAD.
You have understand the pros and cons for H1 vs EAD
H1:
1. Expensive
2. If for some reason there is an RFE or for that matter any thing, you can always fall back on h1 and then fight for your case
3. if employer revokes I 140 in your case (it would not affect) but you know uscsis. so be careful and H1 helps
EAD:
1. Flexibility
2. more options
3. you can be out of status
4. no employer problems
5. if you have gap, when you extend. then you will be out of job
6. you cannot fall back on H1
so you need to decide.
good luck
I guess lot of people are in this category. So far, the only advise I have seen is: Extend H1 instead of using EAD.
You have understand the pros and cons for H1 vs EAD
H1:
1. Expensive
2. If for some reason there is an RFE or for that matter any thing, you can always fall back on h1 and then fight for your case
3. if employer revokes I 140 in your case (it would not affect) but you know uscsis. so be careful and H1 helps
EAD:
1. Flexibility
2. more options
3. you can be out of status
4. no employer problems
5. if you have gap, when you extend. then you will be out of job
6. you cannot fall back on H1
so you need to decide.
good luck
nlssubbu
07-26 01:41 PM
For me, my attorney's filed successor in interest I-140 after I filed I-485 due to merger. I faced no issues with this process and you can request them to file the same at your end. This did not affect my I-485.
Thanks
Thanks
