brick2006
04-21 11:44 AM
I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010
My spouse is on H1..can i switch over H4..
> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..
so here is my dilemma::confused:
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
thank you!
My spouse is on H1..can i switch over H4..
> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..
so here is my dilemma::confused:
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
thank you!
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uumapathi
09-30 10:48 AM
r u from NBKRIST?
What is NBKRIST?
What is NBKRIST?
iv_only_hope
02-17 10:10 AM
Well, no other sites have posted this. Murthy, AILA etc. so its difficult establishing credibility. Also, dont you find it strange that he says EB3 India wont move? It has been at 2001 since long time (excluding anomalies). If that wont move this year when will it move. Are there so many eb3s ? especially with ppl porting to eb2s?
2011 Wolverine amp; Juggernaut vs.
Vysh
11-21 09:55 AM
Sent an email
more...
jthomas
06-12 12:49 PM
Your next step would be to copy this and post it in anti-immigration site. Go ahead.... I have seen my suggestion being copied and posted in anti-immigration site.
Thanks for finding this out. Anyway, who in hell would file for a labor certification when companies are laying off. As per the rules companies cannot apply for labor certification for 6 months from last layoff.
Don't try again
J thomas
Thanks for finding this out. Anyway, who in hell would file for a labor certification when companies are laying off. As per the rules companies cannot apply for labor certification for 6 months from last layoff.
Don't try again
J thomas
dontcareaboutGC
03-19 01:55 PM
What I interpreted it as was "for usage towards family based immigration". Essentially if the EB demand is lower then there is not need to use the AC21 towards EB catergories and that can be applied towards Family Based Immigration.
Technically these are basic laws laid down by congress- The interpretation of those laws is in the hands of the regulatory bodies which execute the laws. For e.g the mis-interpretation of the vertical or horizontall spillovers. It wasnt correctly done till 2007 I think and then all of a sudden they started to interpret it the way it was originally intended to be.
Technically these are basic laws laid down by congress- The interpretation of those laws is in the hands of the regulatory bodies which execute the laws. For e.g the mis-interpretation of the vertical or horizontall spillovers. It wasnt correctly done till 2007 I think and then all of a sudden they started to interpret it the way it was originally intended to be.
more...
katrina
06-09 02:33 PM
Guys,
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
If your wife is from nonretrogress country which allow her to submit I485 it will be better for you to go with her case (don't have to worry about PD) since it will be current for EB2.
Once she get her greencard approved you will automatically get yours as well.
but as always this is just my opinion everything has still need to be consult with your lawyer.
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
If your wife is from nonretrogress country which allow her to submit I485 it will be better for you to go with her case (don't have to worry about PD) since it will be current for EB2.
Once she get her greencard approved you will automatically get yours as well.
but as always this is just my opinion everything has still need to be consult with your lawyer.
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paskal
12-19 04:55 PM
midwest folks- where are you
please post your availability
the more the merrier....
please post your availability
the more the merrier....
more...
snowcatcher
01-29 07:41 PM
Hello all, If you are from Texas please reply to this thread to get together and activate our state chapter. Any ideas are welcome. So please post to this thread and see how we can contribute/Volunteer to make IV stronger.
Thank you
Thank you
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kramac01
08-13 06:18 PM
Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.
So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.
Dec2002 EB3 India.
How to check the LUDs in USCIS website?
So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.
Dec2002 EB3 India.
How to check the LUDs in USCIS website?
more...
skagitswimmer
June 6th, 2005, 10:03 PM
These are all good suggestions and translate well from my film days. I also read that, whereas in b&w the adage was expose for the shadows and develop (or print) for highlights, in digital it is the reverse - expose to preserve detail in the highlights and then use your curves in RAW to fix the shadows where you want them. So I'll have to put all that to work this week / weekend. If the flowers stay around, that is.
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alterego
04-12 08:39 PM
Thanks all. I called my lawyer, and she mentioned that there have been specific cases of the Neb Service Center rejecting I485 applications for internists while they are doing fellowships. I guess my plan would be to find a 'full time' position working a couple of nights a week in the same city where I am working as a fellow, and use that as proof of ongoing full time internist work.
I am not sure if they need just a letter, or a w2s also. I guess 'full time' is a very arbitrary word, and can be applied to more than 28-32 hrs a week, which is very easily doable.
Full time would be the standard definition of 40 hrs per week. It is clearly defined in the J1 waiver regulations for physicians and will likely be extended to the labor based applications as well since adjudicators are very familiar with the J1 waiver and NIW physician cases. Ultimately you have to decide whether the risk is worth it. W-2s as well as paystubs, as well as employers letters attesting to the scope of, and the full time nature of the work are often requested.
I am not sure if they need just a letter, or a w2s also. I guess 'full time' is a very arbitrary word, and can be applied to more than 28-32 hrs a week, which is very easily doable.
Full time would be the standard definition of 40 hrs per week. It is clearly defined in the J1 waiver regulations for physicians and will likely be extended to the labor based applications as well since adjudicators are very familiar with the J1 waiver and NIW physician cases. Ultimately you have to decide whether the risk is worth it. W-2s as well as paystubs, as well as employers letters attesting to the scope of, and the full time nature of the work are often requested.
more...
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insbaby
08-06 10:40 AM
Didn't you know for sure that you were going to stay with employer before asking them to apply GC.
It may be illegal by Law by asking you to give the money back, but where would you put your action of wasting somebody's money?
Not sure the contracting terms between you and your employer, but surely he was not the one forcing you to join the company, its you joined.
If he was ready to help you to get GC, ready to invest atleast 9K on the process, why would you think his money is there just for you to play.
Of course, you have valid points by law, you may escape from the latch now, but make sure this is not an repeating event.
It may be illegal by Law by asking you to give the money back, but where would you put your action of wasting somebody's money?
Not sure the contracting terms between you and your employer, but surely he was not the one forcing you to join the company, its you joined.
If he was ready to help you to get GC, ready to invest atleast 9K on the process, why would you think his money is there just for you to play.
Of course, you have valid points by law, you may escape from the latch now, but make sure this is not an repeating event.
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solaris27
09-28 10:48 AM
but pay taxes on profets.
more...
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eb3_nepa
04-13 11:08 PM
Thanks everyone. Please keep the updates coming :)
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morpheus
04-02 09:59 PM
Great fact sheet. It should list people like Andy Grove, Jerry Yang, and Sergey Brin - Hungarian, Chinese and Russian co-founders of Intel, Yahoo and Google - all immigrants.
more...
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pappu
10-18 10:16 AM
I received a letter from BEC and it says
This Notice of Findings is the Department’s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.
In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.
This Notice of Findings is the Department’s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.
In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.
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amsgc
05-07 10:12 PM
I wish the USCIS took this out as a requirement for AC21. Then life would be sweet!
from AC21 memo issued on December 27, 2005
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
So find a new job before I-485 is approved.
from AC21 memo issued on December 27, 2005
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
So find a new job before I-485 is approved.
hairstyles ELGuas0n - 7/25/2010, 5:11 PM
GCwaitforever
08-15 10:58 AM
I am from India having masters in engineering and i have 9 years IT experience. Ofcourse my Lawyer filed in EB3 (in 2003) thinking that PD will be current in future. Now i140 cleared in EB3 . What next? Since i am in consulting company i don't have any problem sticking to company. Only problem is maintaining status. As long as i am in job no problem. Who knows market will be like this. I am just re thinking to go for EB2 filing. But not sure how many were able to clear Eb2 in PERM.How much salary required ? (My company located in Detroit).
See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)
Second I-140 Allowed without Revocation of Earlier I-140 Petition
The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.
This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.
See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)
Second I-140 Allowed without Revocation of Earlier I-140 Petition
The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.
This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.
topgun_gc
07-12 11:05 AM
Vivek,
Can you please share more.? My company also deals with Littler Global, and have not heard such news as of now.
Our lawyer Company has decided to file the AOS application in July
I work for a big 5 Software company & our lawyer Littler Global had taken a stand on July that they will not file our AOS application after the June VB was revoked/amended on July 2nd.
Surprisingly , today we have received a mail from them that that keeping in view our best interest they have decided to file our AOS case in July regardless of CIS receipting them.
Wanted to share this information as it may be helpful for you folks too ...
Vivek
Can you please share more.? My company also deals with Littler Global, and have not heard such news as of now.
Our lawyer Company has decided to file the AOS application in July
I work for a big 5 Software company & our lawyer Littler Global had taken a stand on July that they will not file our AOS application after the June VB was revoked/amended on July 2nd.
Surprisingly , today we have received a mail from them that that keeping in view our best interest they have decided to file our AOS case in July regardless of CIS receipting them.
Wanted to share this information as it may be helpful for you folks too ...
Vivek
akkakarla
08-06 07:56 AM
They can be stressful but one should relax before going to AOS Interview.If one feels the attorney will help them it is better to take the attorney. But certain times the over enthuisatic attorney may mess the smooth going interview and never comes to terms with what we want them to tell.
Some additional tips:
(1) Always wear professional clothing(do not wear jeans and need not be suit either:D ) etc.
(2) Always take 4 extra photos with you.
(3) Make copies of all the documents everything and place them in order. Order the Original documents so that you can give the Officer the moment they ask instead of searching. Searching irritates the officer sometimes.
(4) Never Ever joke when he talks about the country's problems, terrorism,infrastructure,faith of people,quality of people living in other regions. We are there strictly to complete the AOS interview and get out of there. No one is asking us, our opinion what we feel about issues nor one appreciates talking about their fellow citizens,faith.THey take these things seriously even though it "MAY" not have effect on the I485 approval but still then it is totally unnecessary digging out hole for our burial.
(5) NEVER EVER Open your mouth and say something the officer never asked. Always answer to the questions they asked and give the documents they asked. Not a word more or less and not a document more or less. The more enthu we go for the more we dig ourselves in quicksand. Thumb Rule: If you have all the documentation you can go yourself. Moreover the attorney does not have a role to play and they sit like statue there and the questions are directed to us and we need to answer the questions.
Future Employement Tips:
(1) Always take the employment letters: (a) The offer letter dated when the Labor Certification is filed. (b) Offer letter that states continuing offer letter(dated the day before the interview or during the week). (c) A letter addressing to the immigration officer stating your job, salary, responsibilities.
(2) Take the current job employment with your Status eg. EAD or H1, your salary, role and responsiblities etc. ( they should be more or less same as the role and responsibilities in Labor Certificaion filed).
Some additional tips:
(1) Always wear professional clothing(do not wear jeans and need not be suit either:D ) etc.
(2) Always take 4 extra photos with you.
(3) Make copies of all the documents everything and place them in order. Order the Original documents so that you can give the Officer the moment they ask instead of searching. Searching irritates the officer sometimes.
(4) Never Ever joke when he talks about the country's problems, terrorism,infrastructure,faith of people,quality of people living in other regions. We are there strictly to complete the AOS interview and get out of there. No one is asking us, our opinion what we feel about issues nor one appreciates talking about their fellow citizens,faith.THey take these things seriously even though it "MAY" not have effect on the I485 approval but still then it is totally unnecessary digging out hole for our burial.
(5) NEVER EVER Open your mouth and say something the officer never asked. Always answer to the questions they asked and give the documents they asked. Not a word more or less and not a document more or less. The more enthu we go for the more we dig ourselves in quicksand. Thumb Rule: If you have all the documentation you can go yourself. Moreover the attorney does not have a role to play and they sit like statue there and the questions are directed to us and we need to answer the questions.
Future Employement Tips:
(1) Always take the employment letters: (a) The offer letter dated when the Labor Certification is filed. (b) Offer letter that states continuing offer letter(dated the day before the interview or during the week). (c) A letter addressing to the immigration officer stating your job, salary, responsibilities.
(2) Take the current job employment with your Status eg. EAD or H1, your salary, role and responsiblities etc. ( they should be more or less same as the role and responsibilities in Labor Certificaion filed).
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