sbabunle
01-22 06:07 PM
Dear Core Group,
We all understand that IV core group is sacrificing a lot. We all know
that you guys have families, job and thousand other good things to do. But
you guys have chosen to fight this menace.
There are some members who wanted to see the spending or doubt
the motives of core group. But let me assure that, those who doubts IV are a very few.
Thanks a lot core group. You guys are doing a monumental job!!!!!
I request all the members to put a "THANK YOU" to the core group on this thread
babu
We all understand that IV core group is sacrificing a lot. We all know
that you guys have families, job and thousand other good things to do. But
you guys have chosen to fight this menace.
There are some members who wanted to see the spending or doubt
the motives of core group. But let me assure that, those who doubts IV are a very few.
Thanks a lot core group. You guys are doing a monumental job!!!!!
I request all the members to put a "THANK YOU" to the core group on this thread
babu
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nixone
07-30 05:02 PM
I applied on April 17th and got it approved on May 30th.
EB2 or EB3? Master's degree or BS + 5 years?
EB2 or EB3? Master's degree or BS + 5 years?
number30
03-18 06:13 PM
LCA wage is $60K. For the current company it is Ok since I worked only for 8 months. But my concern is W2 with $50K in CA bay area will definitely raise a red flag when it comes to any further encounter with USICS (H1 extn/Labor/I-140/AOS/Consulate stamping). I will need to do a lot of explanation. I�m trying to avoid all that with a $60K W2.
You are thinking too much. Whether you are in Bay area or in NYC , it does not matter. All they care is whether you are getting a salary mentioned on the LCA or not.
I
You are thinking too much. Whether you are in Bay area or in NYC , it does not matter. All they care is whether you are getting a salary mentioned on the LCA or not.
I
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hebbar77
09-09 03:27 PM
I am july second 485 filer, filed with later PD(2007). Then an earlier (2004, my own) PD was substituted by lawyer last year which is now current on that 485 application.
I opened a SR last week, response to SR from USCIS told me they still have old (later) PD on file.So they cant allocate a visa to me.
Lawyer said he has confirmation from USCIS that USCIS will obey earlier 2004 PD(confirmation received last year!).
two contrary pieces of information from a govt agency!!
Anyone with similar experience
I am sick of this USCIS !
I opened a SR last week, response to SR from USCIS told me they still have old (later) PD on file.So they cant allocate a visa to me.
Lawyer said he has confirmation from USCIS that USCIS will obey earlier 2004 PD(confirmation received last year!).
two contrary pieces of information from a govt agency!!
Anyone with similar experience
I am sick of this USCIS !
more...
payal_nag
12-08 12:04 PM
I did send the $15 for overnight return. The consulate is saying they are taking 20 business days now to issue new passports. Even i had good experiences in the past where they send the stuff back within a week. But just my luck , that this time it is taking forever!!!!
belmontboy
01-12 06:05 PM
Its official - "FloridaSun is a moron"!
more...
arsh007
02-28 12:08 PM
I have one year left on my second H1. I am EB3, Canadian born category. Just got I-140 approved last week or so. I've been working here in California for the same employer for 6 years. My PD is Nov 04. I feel like I've taken a big career hit. I am so unhappy with my job - and I'm doing my best to improve the situation including having frank discusssion with the management here on how we can do things better. But they are so risk and change averse, it's so frustrating. I'm going to grad school for my MS in Eng Management part time. Alas, I am only 60% done, with another year to go. Let me put it this way, if i had my GC, I would quit tomorrow morning. I'd rather be unemployed than work here. I just want to concentrate on school and move my career towards strategic management, and management consulting, not engineering. I'm considering giving up and moving back home. I don't know if I can stay in this job for what it seems another 2-3 years!!! It's career suicide. I've been slowly trying to look for a better job, and I'm loathe to take on another eng position which I'm sure I can get without a problem. That is because my heart would not be in it. Any suggestions? Is it possible to just go home and continue the GC process? I can finish school remotely, it's not a problem where I am located.
One option for you would be to consider looking for another job which meets your expectations. You can ask your new employer to file a new Green card PERM. After PERM approval you can file a new I-140 along with a request to transfer your priority date (PD) of Nov 2004 from the old I-140 to the new I-140. This way you can keep working in the job or profession of your choice while not sacrificing any of the time you have originally invested in the 1st Green card process. Hope this helps.
Please see the link for additional information:
http://www.immigrationportal.com/showthread.php?t=196367&page=54
One option for you would be to consider looking for another job which meets your expectations. You can ask your new employer to file a new Green card PERM. After PERM approval you can file a new I-140 along with a request to transfer your priority date (PD) of Nov 2004 from the old I-140 to the new I-140. This way you can keep working in the job or profession of your choice while not sacrificing any of the time you have originally invested in the 1st Green card process. Hope this helps.
Please see the link for additional information:
http://www.immigrationportal.com/showthread.php?t=196367&page=54
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Dhundhun
08-09 12:52 PM
11. All the files are stacked. IOs are making best effort to pick files from bottom. However stretching full arm (fishing) is not able to reach 2004 cases, instead 2005 or 2006 cases comes in hand.
12. 2004 cases are supposed to be at bottom. But because of Name Check, Infopass, etc. they are not in their expected locations. So later cases are being picked.
12. 2004 cases are supposed to be at bottom. But because of Name Check, Infopass, etc. they are not in their expected locations. So later cases are being picked.
more...
sayantan76
09-24 11:39 AM
Guys, HR 5882 is having Total recapture of 550,000 visas (Employment Based + Family Based) . We all were hoping that this bill would pass, but it did not pass in Judiciary Committee so far. Probably because of opposition from some lawmakers, may be group of some people due to current state of Economy.
But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
"WE" do not decide what to keep and what to drop from bills - Elected representatives of US citizens do!
All we can do (either directly or through paid lobbyists) is suggest some common-sensical options and appeal to reasonableness of the elected representatives - at the end of the day - they would listen to current voters or go by what would and would not sit well with their current voters
But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
"WE" do not decide what to keep and what to drop from bills - Elected representatives of US citizens do!
All we can do (either directly or through paid lobbyists) is suggest some common-sensical options and appeal to reasonableness of the elected representatives - at the end of the day - they would listen to current voters or go by what would and would not sit well with their current voters
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americandesi
03-13 05:34 PM
This is the danger with a "green card shop" company. They constantly have people joining and leaving them. Not a problem for H-1b but a major problem with GC processing.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
Most employees who leave the GC sponsoring employer either invoke AC21 or port their PD�s with another employer. Hence the GC sponsoring employer could very well go ahead and withdraw their I-140�s so that they are no longer burdened to prove ATP for all ex-employees.
Here is an example with company X which has ability pay for up to 50 employees at any point.
X applies 30 I-140s in 2005 [less than 50]
X applies 25 I-140s in 2006, and 20 of the 2005 count have quit. Total employees are less than 50.
X applies 30 I-140s in 2007, and another 20 have quit. Total employees are less than 50.
One would think since they have less than 50 empoyees and ability to pay for 50 employees, they are safe. This will work for H-1b, but not for GCs.
Since GC is for future employment, the company is required to have the ability to pay all 85 employees after they become permanent residents. It does not matter if they have quit the company. The asumption is all 85 will be employed by X on GC approval and so X is expected to be able to pay all of them.
This is what has happened here. When such a problem comes up, then they can (and sometimes do) pull back previously approved 140s too.
Most employees who leave the GC sponsoring employer either invoke AC21 or port their PD�s with another employer. Hence the GC sponsoring employer could very well go ahead and withdraw their I-140�s so that they are no longer burdened to prove ATP for all ex-employees.
more...
sprash
02-04 04:52 PM
I was in a similar situation and included 2 prepaid overnight envelopes (which btw, they have mentioned in their instructions). They probably tossed them in the bin and chose to send them by untrackable usps mail which took over a week to arrive. Very very aggravating! :mad:
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snathan
03-30 12:44 PM
People who want to contribute money will always do. You may get a few people to donate because of the "Donor" status, but most I feel want to contribute because they care.
Please allow me to turn around that question and pose it back to you - so how do we keep and attract people to volunteer (for all the wonderful things that I mentioned in my post)?
All I am saying is that this approach could hurt more than it may help.
Yes...I respect the volunteer. But still we need money. What is the source for that. I am not saying that I am going to contribute everymonth. Whenever possible I am going to. Otherwise just keep going and not going to whine about that.
Please allow me to turn around that question and pose it back to you - so how do we keep and attract people to volunteer (for all the wonderful things that I mentioned in my post)?
All I am saying is that this approach could hurt more than it may help.
Yes...I respect the volunteer. But still we need money. What is the source for that. I am not saying that I am going to contribute everymonth. Whenever possible I am going to. Otherwise just keep going and not going to whine about that.
more...
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Anil_s
07-08 09:45 AM
Hi Ari,
Thank you for the reply.
As I came to know L1 is denied due to skill set I have is not enough, which I do not agree and I can appeal for the same.
Will you advise me to reopen the case? And if I am reopening the case am I eligible to stay here in US till the case is finalized even if my I-94 expires?
Can I also file for H1 at the same time?
Thank You
Anil
Thank you for the reply.
As I came to know L1 is denied due to skill set I have is not enough, which I do not agree and I can appeal for the same.
Will you advise me to reopen the case? And if I am reopening the case am I eligible to stay here in US till the case is finalized even if my I-94 expires?
Can I also file for H1 at the same time?
Thank You
Anil
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mzafar125
09-22 01:24 PM
Hello,
I am getting ready to file my I-140. Can someone please tell me what additional documents I will need to file with my I-140 petition. I appreciate your assistance.
I am getting ready to file my I-140. Can someone please tell me what additional documents I will need to file with my I-140 petition. I appreciate your assistance.
more...
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Robert Kumar
02-15 10:45 AM
First of all you are not supposed to involve in any of the PERM process. Its plain illegal. It seems you are taking the wrong route for your porting.
I know but when there is a chance, we must make sure. Who told u that always works.
They advertise in the company's message board and recently I have seen they did not mention anything about qualifications for one EB2 GC of my friend.
Hence I got a doubt.
Again,
Is it a must that education like MS or equivalent experience is needed for EB2. Please let me know.
I know but when there is a chance, we must make sure. Who told u that always works.
They advertise in the company's message board and recently I have seen they did not mention anything about qualifications for one EB2 GC of my friend.
Hence I got a doubt.
Again,
Is it a must that education like MS or equivalent experience is needed for EB2. Please let me know.
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rick_rajvanshi
03-20 03:55 PM
USCIS Announces New Requirements for Hiring H-1B Foreign Workers
Changes Apply to Companies that Receive TARP Funding
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.
The new �Employ American Workers Act,� (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an �H-1B dependent employer.� All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.
EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status. The EAWA also applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.
EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. USCIS will post this revised form on the USCIS Web site in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.
However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.
USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labor Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition.
For more information, please see the accompanying Questions and Answers document about the Employ American Workers Act and its effect on H-1B petitions.
Changes Apply to Companies that Receive TARP Funding
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.
The new �Employ American Workers Act,� (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an �H-1B dependent employer.� All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.
EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status. The EAWA also applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.
EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.
USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. USCIS will post this revised form on the USCIS Web site in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.
However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.
USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labor Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition.
For more information, please see the accompanying Questions and Answers document about the Employ American Workers Act and its effect on H-1B petitions.
more...
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sdudeja
01-30 10:14 AM
It is "document production or oath ceremony.
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stones
06-30 10:14 PM
RFE means Request For Evidence. For an H-1 to be pending for more than 8 months without an RFE is a bit unusual.
Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?
Here are the details for my case
* � I graduated in Dec. 2007.
* � My OPT has started on December, 2007 (expires on December, 2008).
* � My previous company (A) applied for an H1B for me which starts from October 1st, 2008.
* � I received Notice of H1B approval. (I797A Notice Date June, 2008).
* � H1B is valid from 10/01/2008 to 10/01/2011.
* � I lost my job with Company A on September 18th, 2008.
* � USCIS, Vermont Center received my H1B withdrawal letter from Company A on September 24th, 2008.
* � I requested Company B to transfer my H1B.
* � USCIS received my petition for a transfer on October 28th, 2008.
* � My Transfer petition was pending with company B
Recently I moved to another job with Company C that I mentioned in my earlier post. They sent my H1B transfer application in June 2009.
Thank You, Please let me know if you have any questions.
Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?
Here are the details for my case
* � I graduated in Dec. 2007.
* � My OPT has started on December, 2007 (expires on December, 2008).
* � My previous company (A) applied for an H1B for me which starts from October 1st, 2008.
* � I received Notice of H1B approval. (I797A Notice Date June, 2008).
* � H1B is valid from 10/01/2008 to 10/01/2011.
* � I lost my job with Company A on September 18th, 2008.
* � USCIS, Vermont Center received my H1B withdrawal letter from Company A on September 24th, 2008.
* � I requested Company B to transfer my H1B.
* � USCIS received my petition for a transfer on October 28th, 2008.
* � My Transfer petition was pending with company B
Recently I moved to another job with Company C that I mentioned in my earlier post. They sent my H1B transfer application in June 2009.
Thank You, Please let me know if you have any questions.
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sanju_dba
06-21 05:09 PM
Use your DigiCam
Take pictures on white/light Background
Focus till your waist ( important ).
Then take the card/chip to walmart.
Use the photocenter/kiosk there,
opt for wallet size,$.28 ( each wallet order will print 2 pictures in it )
autoadjust / manual contrast for extra brightness and print it.
collect in 1/2 hr, cut the pictures as needed.
I paid $2 total.
:)
Take pictures on white/light Background
Focus till your waist ( important ).
Then take the card/chip to walmart.
Use the photocenter/kiosk there,
opt for wallet size,$.28 ( each wallet order will print 2 pictures in it )
autoadjust / manual contrast for extra brightness and print it.
collect in 1/2 hr, cut the pictures as needed.
I paid $2 total.
:)
pmb76
07-17 07:00 PM
my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers
Below is a rough checklist I prepared for myself:
1. Six Photographs with name on back in pencil. YES
2. Copy of Birth Certificate with affidavits from Parents. YES
3. Checks for Filing fees. YES
4. Completed forms I-485, G-325A, G-28, I-765 and I-131. YES
5. Color Copies of passports. YES
6. Copy of I-94 both sides. YES
7. Copies of F-1 visa, I-20, OPT EAD and H1B visas. YES
8. Copies of W2s and tax returns for the years 2004, 2005 and 2006. YES
9. Medical examination Report. YES
11. Letter of Employment. YES
12. Copy of EAD and EAD application receipt. YES
13. Bank statement. YES
Below is a rough checklist I prepared for myself:
1. Six Photographs with name on back in pencil. YES
2. Copy of Birth Certificate with affidavits from Parents. YES
3. Checks for Filing fees. YES
4. Completed forms I-485, G-325A, G-28, I-765 and I-131. YES
5. Color Copies of passports. YES
6. Copy of I-94 both sides. YES
7. Copies of F-1 visa, I-20, OPT EAD and H1B visas. YES
8. Copies of W2s and tax returns for the years 2004, 2005 and 2006. YES
9. Medical examination Report. YES
11. Letter of Employment. YES
12. Copy of EAD and EAD application receipt. YES
13. Bank statement. YES
byeusa
07-11 01:02 AM
As per USINPAC, you need to say thank you to them as they claim to have started and run this campaign. Fraudstrers...!
http://in.news.yahoo.com/070710/48/6hwnn.html
http://in.news.yahoo.com/070710/48/6hwnn.html
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