Soul
04-28 05:50 AM
I vote ironkart, because hes cute and shiny! :beam:
- Soul :s:
- Soul :s:
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bhavscreen
10-22 05:19 PM
All we can do id hope...
chapsi29
04-02 12:30 PM
Well its a small company and there are only a handful of us who are involved in immigration. Paychecks have been pending for the last few months only and in the past we have not had this kinda problem. It should hopefully get resolved in the next few months.. My I-140 was applied in Aug 07 @ its at NSC right now.. Currently for EB2, NSC processing date shows May 9th. I am hoping before they get to my application, this issue gets resolved.
Lot of money at stake to consider change of employers at this point.. Would like to see how 140 turns out before thinking of change ... Pretty tough decision!
So is it important to be currently making more than what is mentioned in the GC labor application ? As I have been informed, the prevailing wage as mentioned in the GC is for future employment and it is OK for the employee to be making less than that and it only means that the employer should have the ability to pay you that wage after you get your GC ? Is this true ?
Thanks
Lot of money at stake to consider change of employers at this point.. Would like to see how 140 turns out before thinking of change ... Pretty tough decision!
So is it important to be currently making more than what is mentioned in the GC labor application ? As I have been informed, the prevailing wage as mentioned in the GC is for future employment and it is OK for the employee to be making less than that and it only means that the employer should have the ability to pay you that wage after you get your GC ? Is this true ?
Thanks
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eravi
08-09 11:30 AM
What can we do here?
Anyone aho applied in NSC with a WAC receipt notice got 485 approval?
What is the current state of California service center?
Anyone aho applied in NSC with a WAC receipt notice got 485 approval?
What is the current state of California service center?
more...
KanME
08-17 11:11 AM
the immigration doctor gave us a supplement for only the tetanus shot since its a limited time vaccine ,according to him.
i dont think it will be a case for rejection,at worst an RFE..
i dont think it will be a case for rejection,at worst an RFE..
god_bless_you
04-28 01:07 PM
The attached USCIS memo document will be helpful regarding this issue:
more...
myan88
03-29 10:29 PM
I need help on my 140 filings. My situation is:
02/2004, applied EB3 LC, pending until 02/2007
10/2005, applied PERM EB2, LC & 140 approved, but unable to file 485 due to retrogession
in 02/2007, my EB3 was certified. I asked attorney to file EB3 140 to capture this earlier PD to my EB2 case.
But the attorney hired by my company refused to file another EB3 140. His reason is: it may be questioned by USCIS to file a EB3 140 after EB2 140 is approved -- my job position is downgraded. And back and forth I will still use EB2 to apply 485, then it may bring the company to a potential fraud issue, blah, blah...
I know that the company is reluctant to let me get gc quickly, so the attorney found this excuse. I did not find strong proof to refute this excuse.
Is there any legal proof (like USCIS memo, AILA Liasion meeting minute, etc) to refute this excuse and convince the employer to go ahead to file 140 for me?
Thanks
02/2004, applied EB3 LC, pending until 02/2007
10/2005, applied PERM EB2, LC & 140 approved, but unable to file 485 due to retrogession
in 02/2007, my EB3 was certified. I asked attorney to file EB3 140 to capture this earlier PD to my EB2 case.
But the attorney hired by my company refused to file another EB3 140. His reason is: it may be questioned by USCIS to file a EB3 140 after EB2 140 is approved -- my job position is downgraded. And back and forth I will still use EB2 to apply 485, then it may bring the company to a potential fraud issue, blah, blah...
I know that the company is reluctant to let me get gc quickly, so the attorney found this excuse. I did not find strong proof to refute this excuse.
Is there any legal proof (like USCIS memo, AILA Liasion meeting minute, etc) to refute this excuse and convince the employer to go ahead to file 140 for me?
Thanks
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Leo07
05-21 10:20 AM
and there are lots more like us...
more...
sandy_anand
02-28 08:31 PM
So are scotland, wales considered dependencies? Kashmiris can get passport from Pakistan if they want. Who would give passports to Hyderabadis?
Goa and Pondicherry are states now.
It is difficult without knowing the meaning of dependencies and how it is defined.
Pondicherry is still a Union Territory.
Goa and Pondicherry are states now.
It is difficult without knowing the meaning of dependencies and how it is defined.
Pondicherry is still a Union Territory.
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samswas
01-21 11:17 AM
Thanks for your reply and I understand that AC21 can be used for job in same or similar occupation.
Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?
Vel
Your Emp A may say anything, but if he revokes your I-140 before you file AC-21, then you will be in trouble. It is always safe to file CA-21
Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?
Vel
Your Emp A may say anything, but if he revokes your I-140 before you file AC-21, then you will be in trouble. It is always safe to file CA-21
more...
rameshk75
08-15 09:37 AM
Thanks for your replies.
What will happen to the 140? Do they need to file for any amendment?
What will happen to the 140? Do they need to file for any amendment?
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nviren
04-19 02:26 PM
I don't have the experience.
But I am planning to go for visa stamping. I was seriously contemplating to go to New Delhi consulate. My district is Mumbai. It would have saved me a logistic step of sending docs to VFS Mumbai in advance, also the appts seemed to be readily available.
But after going thru the posts at immigrationportal.com forum, I have decided to go to my own district. Don't want to take the risk of that 221g or admin review and run around messing my already tight schedule.
In your case, you already have an appt. If it is very difficult to reschedule it, you may want to take a chance and go to Mumbai. If you can reschedule it easily and fits your itenarary, do think of going to your own district.
BTW, if you think that IV is a help in your immigration journey and have not contributed yet, please contribute to the cause. You can find the required details on the homepage.
Thanks,
But I am planning to go for visa stamping. I was seriously contemplating to go to New Delhi consulate. My district is Mumbai. It would have saved me a logistic step of sending docs to VFS Mumbai in advance, also the appts seemed to be readily available.
But after going thru the posts at immigrationportal.com forum, I have decided to go to my own district. Don't want to take the risk of that 221g or admin review and run around messing my already tight schedule.
In your case, you already have an appt. If it is very difficult to reschedule it, you may want to take a chance and go to Mumbai. If you can reschedule it easily and fits your itenarary, do think of going to your own district.
BTW, if you think that IV is a help in your immigration journey and have not contributed yet, please contribute to the cause. You can find the required details on the homepage.
Thanks,
more...
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bipin
03-18 04:51 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.
What is the wage mentioned on LCA for the H1 ? Is it more then 50K?
What is the wage mentioned on LCA for the H1 ? Is it more then 50K?
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immilaw
12-14 11:42 AM
This is what I meant when I said how they are doing random enforcement raids to bring CIR back onto the front burner. Way to go.
3-4 more big raids like these and CIR will be passed in a jiffy.
3-4 more big raids like these and CIR will be passed in a jiffy.
more...
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abhijitp
01-26 05:46 PM
Did your write your letter?
15 minutes of yout time could save you 6-12 years of waiting!
15 minutes of yout time could save you 6-12 years of waiting!
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gauravster
04-22 11:07 AM
What I say should not be construed as any form of legal advice but based on what I know I list the following things.
1. Most likely if you are in EB3, your labor PERM application would have only required things that qualify you for EB3. So the same labor cannot be used to file for EB2.
2. You should go ahead and file for I-140. It is imperative that you be employed in the same/similar job as your EB3 application when I-140 is filed for, in case there is an RFE (request for evidence).
3. Once your I-140 is approved, I think you get some flexibility in moving within the organization and you could be moved to a role with different job requirements. These job requirements might qualify you for a EB2 job role. You can then file for a EB2 labor PERM(job postings, application etc). Once this labor is approved, when you file the I-140 for this, you can ask that the priority date be ported. Most certainly there will be an RFE for this I-140 application. Some employer attroneys (esp those conservative) require that for new Labor to be filed, your job role must be more than 50% different to be justified in case of a RFE.
Step 3 might also require an amendment to your H1B. I am not very sure about how exactly this goes. Potentially, I think you can also change employer and apply again from new employer as long as the I-140 is not revoked by the previous employer.
I hope this helps.
Cheers,
Gaurav
Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).
Do I need to "change" job within my company?
Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?
1. Most likely if you are in EB3, your labor PERM application would have only required things that qualify you for EB3. So the same labor cannot be used to file for EB2.
2. You should go ahead and file for I-140. It is imperative that you be employed in the same/similar job as your EB3 application when I-140 is filed for, in case there is an RFE (request for evidence).
3. Once your I-140 is approved, I think you get some flexibility in moving within the organization and you could be moved to a role with different job requirements. These job requirements might qualify you for a EB2 job role. You can then file for a EB2 labor PERM(job postings, application etc). Once this labor is approved, when you file the I-140 for this, you can ask that the priority date be ported. Most certainly there will be an RFE for this I-140 application. Some employer attroneys (esp those conservative) require that for new Labor to be filed, your job role must be more than 50% different to be justified in case of a RFE.
Step 3 might also require an amendment to your H1B. I am not very sure about how exactly this goes. Potentially, I think you can also change employer and apply again from new employer as long as the I-140 is not revoked by the previous employer.
I hope this helps.
Cheers,
Gaurav
Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).
Do I need to "change" job within my company?
Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?
more...
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anil_gc
11-26 05:05 PM
are you EB1, EB2 or EB3 and which Country?
EB2-India, PD-Sept 2003, I-485 file Filed 26th June, RD- 4 Aug 2007 , I-140 was approved in May 2007
EB2-India, PD-Sept 2003, I-485 file Filed 26th June, RD- 4 Aug 2007 , I-140 was approved in May 2007
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willigetgc?
10-11 09:18 AM
Stop watching for VB and start meeting with your Senators!
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GCSOON-Ihope
10-17 02:15 PM
This shouldn't be a problem if you are a law obeying citizen :D How do you find out the status of the FBI name clearance? You wait until PD becomes current and nothing happens then place an inquiry with BCIS?
Thanks!
This is indeed exactly what I did. After my PD (01/2002) became current on 09/01, I waited two weeks then inquired about the status of my case: the first time, they told me they were still waiting for the FBI name check to clear and, the second time to find out that the name check had been pending since...08/2004 (when I filed I-485):mad: :mad: :mad: :mad: :mad:
Thanks!
This is indeed exactly what I did. After my PD (01/2002) became current on 09/01, I waited two weeks then inquired about the status of my case: the first time, they told me they were still waiting for the FBI name check to clear and, the second time to find out that the name check had been pending since...08/2004 (when I filed I-485):mad: :mad: :mad: :mad: :mad:
mrajatish
03-25 01:38 PM
Yup, you are right - thanks for pointing this out.
hpandey
04-07 10:39 AM
Just got it. Right now.Thanks guys.
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
and enjoy the freedom that you have now :-) Patience always pays !!
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Approval notice sent.
On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
and enjoy the freedom that you have now :-) Patience always pays !!
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