like_watching_paint_dry
08-23 11:04 AM
All that has changed lately. Quite a few people have gotten off easy some years ago but NSC and even other service centers has been enforcing EB2 requirements without mercy these days. A lot of those 3 year degree types are getting I-140 denials, especially those who got greedy and applied in EB2. I've even read about a few cases of denials in EB3 for these people. So dont worry too much about those kinds of people eating our lunch going forward. They will most likely be looking for good deals on their return tickets.
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sapota
11-15 11:47 AM
Is there any possibility of organizing a statewide charity drive sponsored by IV state chapters during the holiday season. This is the season of giving. Why not organize it through IV state chapters. Proceeds can be donated to charities as suggested by donors. We can target
employers, congressmen, senators, relatives, friends....even anti immigrants will donate.
Anybody with prior experience of such fund raising, please comment. We also need to come up with a slogan for this campaign (It may be better if the slogan in itself is not related to immigration) . IV will just do a soft sell in this propaganda. This will increase IV name & also push respective state members to be active in their state chapters.
Comments?
employers, congressmen, senators, relatives, friends....even anti immigrants will donate.
Anybody with prior experience of such fund raising, please comment. We also need to come up with a slogan for this campaign (It may be better if the slogan in itself is not related to immigration) . IV will just do a soft sell in this propaganda. This will increase IV name & also push respective state members to be active in their state chapters.
Comments?
ram112
09-03 05:09 AM
Folks,
I got greened today, surprisingly. Could anyone let me know what are the good numbers to reach a human in USCIS, hopefully with less wait time. I wanted to check with them what address they have on file. I filed an address change in JUne but I am not sure if they have it right in their systems. Also, is there a way to get this information without calling them.
Thanks a lot ..
I got greened today, surprisingly. Could anyone let me know what are the good numbers to reach a human in USCIS, hopefully with less wait time. I wanted to check with them what address they have on file. I filed an address change in JUne but I am not sure if they have it right in their systems. Also, is there a way to get this information without calling them.
Thanks a lot ..
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guygeek007
07-19 09:07 AM
This is my GC application history
1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.
Current status for i-140 : Recieved and pending at Nebraska service center.
Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?
Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?
Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.
Any assistance would be highly appreciated.
1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.
Current status for i-140 : Recieved and pending at Nebraska service center.
Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?
Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?
Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.
Any assistance would be highly appreciated.
more...
cinqsit
10-07 08:32 PM
Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
rahul2699
05-19 11:46 AM
The Indian compnies absued the B1 visa...they are getting B1 visa but brought in people, put them at client location for work. The USCIS/US consulates found this and this is the right reason for your B1 visa rejection. So you wouldnt be able to get the B1 even if you apply again.
I agree with you...B-1 visa abuse by indian MNC's putting pressure on the legit applicants. Looks like its all coming together to haunt. I think you'll have little luck in getting it done considering that you've already spent 3 years on H-1B. They might look at it as you are resorting to B-1 visa to immigrate. Sorry to say this but that's most likely is what they are thinking.
I agree with you...B-1 visa abuse by indian MNC's putting pressure on the legit applicants. Looks like its all coming together to haunt. I think you'll have little luck in getting it done considering that you've already spent 3 years on H-1B. They might look at it as you are resorting to B-1 visa to immigrate. Sorry to say this but that's most likely is what they are thinking.
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zj142
12-22 09:14 PM
My understanding of "This includes cases where a change of employer has occurred" is alien beneficiary can retain his/her PD in the case of changine employer. Change of employer is not included in "Fraud or willful misrepresentation".
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Rockey
06-22 10:17 AM
Sent the request for correction with my supporting documents.
******************
Request advice...
I know that I will have to stop working on August 11 2010 and I can't earn for as long as I don't have a valid EAD in my hand. I also know that it does not affect my Green Card I-485 app as long as I don't work without and EAD.
So what should I do from here on? Should I wait...I still have 50 days to hope to get my renewed EAD in. Should I call USCIS and request expedited processing of my case...but I haven't even received my receipt notices yet. Should I book and INFOPASS appt...but INFOPASS appointments for I-765 are only issued if it has been more than 90 days since the application was filed?
I will really appreciate any comments/suggestion regarding my case.
***********************
What should one do if he don't receive the nenewal EAD before the current EAD expires, can he continue working ? will the employer come to know ? having the receipt notice is enough ? what is the impact ? Please any one clarify. Thanks.
******************
Request advice...
I know that I will have to stop working on August 11 2010 and I can't earn for as long as I don't have a valid EAD in my hand. I also know that it does not affect my Green Card I-485 app as long as I don't work without and EAD.
So what should I do from here on? Should I wait...I still have 50 days to hope to get my renewed EAD in. Should I call USCIS and request expedited processing of my case...but I haven't even received my receipt notices yet. Should I book and INFOPASS appt...but INFOPASS appointments for I-765 are only issued if it has been more than 90 days since the application was filed?
I will really appreciate any comments/suggestion regarding my case.
***********************
What should one do if he don't receive the nenewal EAD before the current EAD expires, can he continue working ? will the employer come to know ? having the receipt notice is enough ? what is the impact ? Please any one clarify. Thanks.
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sapota
02-27 01:51 PM
From March 05 to Sep 06 data can be found at :
http://www.foreignlaborcert.doleta.gov/pdf/OFLC_Report_v11_8-23-07.pdf
This is the kind of transparency people are looking for. USCIS does publish statisics too. Hoping that they take all this data & propose legislation and or administrative solutions to address bottleneck issues.
http://www.foreignlaborcert.doleta.gov/pdf/OFLC_Report_v11_8-23-07.pdf
This is the kind of transparency people are looking for. USCIS does publish statisics too. Hoping that they take all this data & propose legislation and or administrative solutions to address bottleneck issues.
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morchu
05-14 12:09 PM
Thanks for pointing this out (Hernandez letter).
It is new information to me.
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
It is new information to me.
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
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BMS1
08-21 12:05 PM
Thanks
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mnkaushik
06-04 10:02 AM
I got an account verification letter from HSBC Online Savings Bank. Just go to the Bank Mail section and ask for an AV letter. They will charge you $20 or $25 for it. I got it done last month.
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abq_gc
09-05 04:17 PM
I would recommend LLC, as then you have limited liability. You can actually register it using legalzoom for a price much cheaper than CPA.
In no way am I endorsing legalzoom, it is just one of the many websites that do this. You might wanna look for a better and cheaper one.
In no way am I endorsing legalzoom, it is just one of the many websites that do this. You might wanna look for a better and cheaper one.
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tonyHK12
12-01 10:01 AM
Definitely a good idea.........the first thing that needs to happen is for us immigrants to contact our own employers (and if it is a big company - they will have some section that deals with govt affairs/lobbying) ask them to support our cause through action.......
I work for a small company, but my employer is a very decent man and may provide some funds..........(Christmas season and all!).
If he chooses to donate would it be the "contribute" link?
Great! thanks for your efforts. Yes it would be good if he creates an account and logs in before donating, that way it would be credited as his contribution.
The link is in my signature but you can also follow the link 'Donate' at the top in green or 'Contributions' on the home page.
Of course other large companies like the ones in Silicon Valley, MS, etc could also directly reach out to our admin/core besides this and also help in lobbying.
I work for a small company, but my employer is a very decent man and may provide some funds..........(Christmas season and all!).
If he chooses to donate would it be the "contribute" link?
Great! thanks for your efforts. Yes it would be good if he creates an account and logs in before donating, that way it would be credited as his contribution.
The link is in my signature but you can also follow the link 'Donate' at the top in green or 'Contributions' on the home page.
Of course other large companies like the ones in Silicon Valley, MS, etc could also directly reach out to our admin/core besides this and also help in lobbying.
more...
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LostInGCProcess
08-25 12:31 PM
Best thing to do in this case is, simply use your AP. No H1b stamping is needed. You can still remain on an H1B even if you use the AP for travelling.
As per my lawyer, the H1B has 2 aspects to it. One is the fact that it maintains status, the second is the actual stamped visa which allows entry/re-entry into the USA. You dont HAVE to have the stamped visa, if you have alternate means of re-entry.
I work for Company A, applied i-485 and both got EAD & AP.She is the dependent.
My Wife works for Company B which sponsored her H1.
So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?
As per my lawyer, the H1B has 2 aspects to it. One is the fact that it maintains status, the second is the actual stamped visa which allows entry/re-entry into the USA. You dont HAVE to have the stamped visa, if you have alternate means of re-entry.
I work for Company A, applied i-485 and both got EAD & AP.She is the dependent.
My Wife works for Company B which sponsored her H1.
So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?
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das0
04-08 10:11 AM
Check with a good attorney but as far i know, if you get paid by the for-profit consulting company (even if they place you at non-profit org), you will be subjected to H1B cap.
If your H1B paperwork (i-765) is directly from a non-profit org (like Univ, Govt, etc), then only are you cap exempt.
Also remember, if you ever want to txfr from non-profit to for-profit, you will be again subjected to cap. This assumes you were never counted against the for-profit company cap in any fiscal year quota.
If your H1B paperwork (i-765) is directly from a non-profit org (like Univ, Govt, etc), then only are you cap exempt.
Also remember, if you ever want to txfr from non-profit to for-profit, you will be again subjected to cap. This assumes you were never counted against the for-profit company cap in any fiscal year quota.
more...
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tikka
06-22 09:39 AM
is a TB skin test neccessary even if you tell the doc you've had a history of positive TB tests? do i have to prove i've had a history of postive TB test for the doctor to remark that on i-693..or can he just remark that without evidence and go on my word
thanks
Your chest xray was negative so you are fine.
To file for the 485 the skin test is a requirement. The doc has to prick you on your arm and in 48 hours you have the results.
You need him to sign off on the results.
thanks
Your chest xray was negative so you are fine.
To file for the 485 the skin test is a requirement. The doc has to prick you on your arm and in 48 hours you have the results.
You need him to sign off on the results.
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Suva
04-15 02:20 PM
It seems they removed April 15 update from the website. Also I do not see any changes in the Occupations under Pressure List.
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indianabacklog
03-17 07:47 AM
The detail is in the advert for the position. It is very specific in its requirements and you do not match them.
I was in exactly this position in 2002 and the appeal such as you suggest as second option failed and wasted six months.
I had to start the entire process again. The most frustrating part for me was the department of labor had assisted my employer with the advert and the alteration they made to the advert was the thing that screwed me in the end.
By virtue of the PERM system now you are really not going to lose all that much on your priority date and you could have another I140 filed before any appeal is even dealt with.
I was in exactly this position in 2002 and the appeal such as you suggest as second option failed and wasted six months.
I had to start the entire process again. The most frustrating part for me was the department of labor had assisted my employer with the advert and the alteration they made to the advert was the thing that screwed me in the end.
By virtue of the PERM system now you are really not going to lose all that much on your priority date and you could have another I140 filed before any appeal is even dealt with.
bmoni
12-22 08:32 PM
Have any one changed employer right after I-140 approval.
Please post your experience
Please post your experience
VMH_GC
07-13 11:13 AM
:) Have every one wear white as the color of peace/silent protest/sadness.
As he says, Wear a white kurtha/Shirt.
Suit is also not a bad idea, but whatever be the dress, guys going to rally, pls. ensure your unity in dress code as well.
As he says, Wear a white kurtha/Shirt.
Suit is also not a bad idea, but whatever be the dress, guys going to rally, pls. ensure your unity in dress code as well.
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