pointlesswait
05-01 09:28 AM
if u change ur job using H1 transfer..so does it mean ...he has to restart his GC all over again?? ok i am little confused here..
> if he choses to use EAD..his wife will be oout of status..so its bad
> if he chooses to transfer using H1..what happens to his EAD???
I believe AC21 is for shifting employers on EAD after 180 days of I-485.
> if he choses to use EAD..his wife will be oout of status..so its bad
> if he chooses to transfer using H1..what happens to his EAD???
I believe AC21 is for shifting employers on EAD after 180 days of I-485.
perm2gc
08-24 12:58 PM
My first term on H1 expired on June 2002. I revalidated it and the second term also got expired as of June 2004. Since I was in US only for 3 years on that H1, is it possible to revalidate it again now, even I'm not working for company A now? Company A can file for revalidation for recapturing the remaining time on H1 but you may to work with them once the H1B's gets approved..
Above Expressed Views are Personal..Please Consult your Attroney.
Above Expressed Views are Personal..Please Consult your Attroney.
Carl2k
11-03 01:34 AM
Im interested. Need time to fill up. Pulling my hair out with all this free time of mine.
knnmbd
04-28 02:45 PM
DOL Proposed Legislation for Labor Certification
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.
more...
lavanyamohan
03-16 08:39 AM
Please suggest me good immigration attorney-( in seattle area if possible) for my H1B filing. They should be prompt in preparing my application with in 2 wks time.
My employer called Rajiv S khanna's law firm. Those para legals said they cannt gaurantee timely filing by april 1st. I think its the busiest law firm in this time of the season. cannt find fault with them any ways.
I know I am lagging behind a little bit.
As the clock is ticking, I need to rush up.
Please suggest me
Thanks much in advance
My employer called Rajiv S khanna's law firm. Those para legals said they cannt gaurantee timely filing by april 1st. I think its the busiest law firm in this time of the season. cannt find fault with them any ways.
I know I am lagging behind a little bit.
As the clock is ticking, I need to rush up.
Please suggest me
Thanks much in advance
seekerofpeace
08-22 02:25 PM
Any specifics on the interview? Were you asked any documents to submit? Was the interview for both the applicant and the dependent?
SoP
SoP
more...
Leo07
02-17 04:24 PM
you can find this on state Dept site.Although, this is the first one that I came across, it appears that this will be updated monthly. ( this one is dated Jan 30,2010)
Source:Welcome to Travel.State.Gov (http://www.travel.state.gov)
Where does one get this document that you have posted here?
Source:Welcome to Travel.State.Gov (http://www.travel.state.gov)
Where does one get this document that you have posted here?
tanu_75
02-07 04:26 AM
We legals who are waiting in line have another setback with news like below
Illegal immigration: Influx of immigrants from India baffles border officials in Texas - latimes.com (http://www.latimes.com/news/nationworld/nation/la-na-border-indians-20110206,0,3295315.story)
last week we heard about Trivalley.
eb-3 -> eb2 seems like a minuscule problem now.
We are self destructing ourselves by making US gov loose complete trust on indian credibility with few of the above among hundreds of nuances we are causing.
If you are like me.. always following rules.. light at the end of tunnel seem to be diminishing very quickly than what we thought.
Nothing new here. There'll be Indians, Mexicans, Africans. Anybody in the world who has an appetite for risk, and a desperate need to be in America will make it to Mexico and run across the border, just like the millions of illegals already did. The border's a joke and you can't blame the illegals if the USA allows people to get away with it even if they get caught. Why, you could even earn a red carpet to citizenship if you do that, under some proposed legislation.
Illegal immigration: Influx of immigrants from India baffles border officials in Texas - latimes.com (http://www.latimes.com/news/nationworld/nation/la-na-border-indians-20110206,0,3295315.story)
last week we heard about Trivalley.
eb-3 -> eb2 seems like a minuscule problem now.
We are self destructing ourselves by making US gov loose complete trust on indian credibility with few of the above among hundreds of nuances we are causing.
If you are like me.. always following rules.. light at the end of tunnel seem to be diminishing very quickly than what we thought.
Nothing new here. There'll be Indians, Mexicans, Africans. Anybody in the world who has an appetite for risk, and a desperate need to be in America will make it to Mexico and run across the border, just like the millions of illegals already did. The border's a joke and you can't blame the illegals if the USA allows people to get away with it even if they get caught. Why, you could even earn a red carpet to citizenship if you do that, under some proposed legislation.
more...
radhay
04-28 02:49 PM
There is nothing wrong in asking but the attorney has no right to reveal the information to you although some do. Did you try to make that request through your employer?
I think some members requested a copy of 140 approval notice from USCIS by filing a freedom of information request. Not sure how though.
I think some members requested a copy of 140 approval notice from USCIS by filing a freedom of information request. Not sure how though.
Humhongekamyab
02-24 02:39 PM
For those who think that this is good and will not affect them -
What we are hearing now in the news is just the tip of the iceberg. It is just ground work to justify tougher measures against employment based immigration. If it continues, CIR will be passed giving path to citizenship to ILLEGAL immigrants without any measure for employment based immigration. Remember, the only folks who have been in influential position to support EB immigration has been big businesses (like Microsoft, Oracle) and AILA. With the rising unemployment rate, nobody will listen to these businesses. With the indictment of (even a few) cases of H-1B fraud, AILA will not be able to fight the impending tsunami against legal employment based immigrants.
If we don't do anything illegals will be citizens while people with H-1 and even EAD will be forced to go back.
Can't agree more. This is how it starts - Divide and Rule. First it was the TARP recipients only. Next will IT companies. Then it will be EAD and maybe finally the Green Cards.
What we are hearing now in the news is just the tip of the iceberg. It is just ground work to justify tougher measures against employment based immigration. If it continues, CIR will be passed giving path to citizenship to ILLEGAL immigrants without any measure for employment based immigration. Remember, the only folks who have been in influential position to support EB immigration has been big businesses (like Microsoft, Oracle) and AILA. With the rising unemployment rate, nobody will listen to these businesses. With the indictment of (even a few) cases of H-1B fraud, AILA will not be able to fight the impending tsunami against legal employment based immigrants.
If we don't do anything illegals will be citizens while people with H-1 and even EAD will be forced to go back.
Can't agree more. This is how it starts - Divide and Rule. First it was the TARP recipients only. Next will IT companies. Then it will be EAD and maybe finally the Green Cards.
more...
ca_immigrant
05-16 04:17 PM
thanks for the replies again...
Guess if mailing out of the country is an option I should ask my friend to do it, guess FEDEX or UPS is quite reliable.
So If I am lucky and my case gets picked/approved while in India then I can get the card mailed there...
but in any case, I have asked my company's lawyer also, will post here once I hear back from him...
Now begins another waiting game ...
Guess if mailing out of the country is an option I should ask my friend to do it, guess FEDEX or UPS is quite reliable.
So If I am lucky and my case gets picked/approved while in India then I can get the card mailed there...
but in any case, I have asked my company's lawyer also, will post here once I hear back from him...
Now begins another waiting game ...
maddipati1
11-20 07:02 PM
1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.
hari,
did your lawyer told you that u can go out of US while AP is still pending?
Krishna is correct. read the I-131 instructions carefully.
i am in the same boat. waiting for AP and trip planned with tight schedule.
hari,
did your lawyer told you that u can go out of US while AP is still pending?
Krishna is correct. read the I-131 instructions carefully.
i am in the same boat. waiting for AP and trip planned with tight schedule.
more...
parablergh
08-27 02:55 PM
- just a note - I would also strongly recommend filing your spouse's AOS as soon as possible (once current). Please note that this should be done prior to receiving approval for your Adjustment.
ssksubash
09-30 02:29 PM
Thank you all for your suggestions. I was wondering if some one had more info in case the perm gets denied.
Thanks,
Thanks,
more...
coopheal
04-23 12:16 AM
I see no reason why you cant move to permanent offer.
I am a passive reader of this forum for a long time and greatly respect knowledge and helpful attitude here,
I received the RFE on 485 for both myself and my wife. Currently we have only received the the email and notice will be sent to my lawyer
Details:
Company:A for Programmer/Analyst: and 140 is approved.
I was jobless for 3 weeks from Mid March and since then I have joined a decent consulting firm on EAD.
Now I have PERMANANT offer as s/w Dev with a big company in that I was planning to start from 5/4/2009, they are aware of the fact that they may have to give letter in support of my pending GC.
I am confused as to what should be my next steps:
Can I still join them?
What is the less risky option?
Keep working with current company? (I haven't informed them of pending offer)
I very much appreciate any help you can provide.
I am a passive reader of this forum for a long time and greatly respect knowledge and helpful attitude here,
I received the RFE on 485 for both myself and my wife. Currently we have only received the the email and notice will be sent to my lawyer
Details:
Company:A for Programmer/Analyst: and 140 is approved.
I was jobless for 3 weeks from Mid March and since then I have joined a decent consulting firm on EAD.
Now I have PERMANANT offer as s/w Dev with a big company in that I was planning to start from 5/4/2009, they are aware of the fact that they may have to give letter in support of my pending GC.
I am confused as to what should be my next steps:
Can I still join them?
What is the less risky option?
Keep working with current company? (I haven't informed them of pending offer)
I very much appreciate any help you can provide.
gcbikari
08-14 04:58 PM
Next time check out this forum (http://immigrationvoice.org/forum/showthread.php?t=20900) advice before you send your fotoes. Just kidding.
more...
GC_1000Watt
02-18 09:34 PM
If I'm not mistaken, the 485 processing times for TSC are much shorter compared to NSC. My case is at the VSC which is still doing 06 applications. Is there a particular reason behind this or is it just the sheer number of applications that VSC receives?
I was just looking at your PD (Jan 08 - Eb2 - India) and was wondering how were you able to apply your I-485. Any political source? :D
I was just looking at your PD (Jan 08 - Eb2 - India) and was wondering how were you able to apply your I-485. Any political source? :D
chanduv23
02-19 03:55 PM
when i saw the news last night..... it was pretty evident that this terrorist in austin, tx is anti taxes & anti government anti irs..... i thought tea party movement has found a hero..... the next thing news said - this terrorist was a software professional...... immediately i thought ..... he is going to be hero of anti immigrants like itgrunt.... who will attempt to associate h1b visa to the domestic terrorist....
guess what! surprise surprise..... today we can see itgrunt glorifying domestic terrorism.......
Life of an I.T. Grunt | Notes From The Trenches of Software Development. (http://www.)
when is fbi planning to arrest & question itgrunt......
This website seems to have some viruses or spywre be cautious when you open
guess what! surprise surprise..... today we can see itgrunt glorifying domestic terrorism.......
Life of an I.T. Grunt | Notes From The Trenches of Software Development. (http://www.)
when is fbi planning to arrest & question itgrunt......
This website seems to have some viruses or spywre be cautious when you open
Googler
07-17 07:06 PM
All,
USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.
We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:
(1) Visa Number Wastage: Fix Through Recapture
(2) Name Check Delays:
(a) More than 30 FBI analysts should be granted for the process
(b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
(c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself
We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.
And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.
USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.
We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:
(1) Visa Number Wastage: Fix Through Recapture
(2) Name Check Delays:
(a) More than 30 FBI analysts should be granted for the process
(b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
(c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself
We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.
And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.
ski_dude12
10-10 03:32 PM
November's visa bulletin is a wild card. Can expect anything.
GC_quest
05-25 06:32 PM
Some of the salient points concerning legal immigrants in the CIR bill in its current form:
1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants
2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.
3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants
4. File I 485 even if priority date is not current.
Comments: Provides relief where spouses can't work and can start using AC21 provisions.
Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.
And finally congratulations to all volunteers and contributors to IV for a job well done!
1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants
2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.
3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants
4. File I 485 even if priority date is not current.
Comments: Provides relief where spouses can't work and can start using AC21 provisions.
Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.
And finally congratulations to all volunteers and contributors to IV for a job well done!
No comments:
Post a Comment