Charles H. Kuck
12-16 02:16 PM
File an H-1B extension while the PERM appeal is pending, asking for one year extension beyond the 6th year. It will be approved with proof of the pending appeal. Then, file a prepare a new PERM filing, withdraw the appeal, and file the new PERM case. With LUCK, you will be able to get the PERM approved and Premium Processed the I-140 before the termination of the 7th year H-1B.
Best regards,
Charles
Best regards,
Charles
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bskrishna
05-15 11:33 PM
Lots of positive starts...have to see which ones will make it..
student79
04-21 01:19 PM
We are doing COS here only.
your H4 will not impact even if any case your F1 denied, you will be still safe and remain on H4 only.
your H4 will not impact even if any case your F1 denied, you will be still safe and remain on H4 only.
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rsdang1
10-13 04:51 PM
no dude..it does not..there is not much it will give us..
we need visa recapture, elimination of country quota and simplification of ac21 rules
(i feel like i am asking for free beer :p)
Dude I agree that we need Visa recapture but and additional 50K visas a year for EB will go a long way as well....
In current situation any increase in EB visas will help...
:)
we need visa recapture, elimination of country quota and simplification of ac21 rules
(i feel like i am asking for free beer :p)
Dude I agree that we need Visa recapture but and additional 50K visas a year for EB will go a long way as well....
In current situation any increase in EB visas will help...
:)
more...
zoooom
07-17 07:18 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
Just a reminder...the deadline is Aug 17 and not july 30
Just a reminder...the deadline is Aug 17 and not july 30
Rolling_Flood
09-24 01:14 AM
lazycis,
Thanks.
Was your answer regarding your case, or other case(s) that you may know about?
Related question, did you (or the other people) face considerable hassles for their I-485 approval(s)?
"Yes" to both questions.
Thanks.
Was your answer regarding your case, or other case(s) that you may know about?
Related question, did you (or the other people) face considerable hassles for their I-485 approval(s)?
"Yes" to both questions.
more...
rolrblade
07-26 06:53 AM
HI
What are the documents required for EAD application assuming that I-485 application is already filed?
At the time of applying for I-485, I didnot intend to apply for EAD.But after seeing a lot of application applied during July 2007, I realised that it may take years to get the Green card.So it is better to have a EAD in case if something happens to my job in the meantime.
Thanks
Bibs:
To apply for EAD you need the following documents
1. I-131 EAD Application document
2. Copy of I-485 receipt notice
3. 2 colored passport pictures - recent
4. Cashiers cheque as stated in the form.
Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.
What are the documents required for EAD application assuming that I-485 application is already filed?
At the time of applying for I-485, I didnot intend to apply for EAD.But after seeing a lot of application applied during July 2007, I realised that it may take years to get the Green card.So it is better to have a EAD in case if something happens to my job in the meantime.
Thanks
Bibs:
To apply for EAD you need the following documents
1. I-131 EAD Application document
2. Copy of I-485 receipt notice
3. 2 colored passport pictures - recent
4. Cashiers cheque as stated in the form.
Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.
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eb3_nepa
09-07 12:10 PM
I am actually quite perturbed by this discussion. I feel there is NO need for an "American" accent. As long as your english pronounciation is clear and your grammer is strong, you should have NO problems.
If you have studied in English from Day one, you should feel good about yourself. You have already put in hard work since your childhood and you do not need to be embarassed that your English does not sound like the average American. As long as you do not have a VERY strong accent from whatever country you are from, I see NO reason to "Americanize" our English. If someone is doing it to improve their spoken English then I am all for it. If someone is doing it just to gain "acceptance" then I feel it is wrong. You are who you are. Right now you are NOT an American, you were NOT born here so then why should you talk exactly like an American when you are NOT an American??
Also I am not too happy at this being mentioned as an "Indian" specific issue. Citizens of almost EVERY country have their own accent. Indians, Chinese, Japanese,, Italians, Irish, British, East Europian they ALL have a unique accent. I dont see anyone criticizing the Irish, British or the Australian accents. I see some people in this forum making fun of just the Indian accent, so i thought i should clarify this point.
If you have studied in English from Day one, you should feel good about yourself. You have already put in hard work since your childhood and you do not need to be embarassed that your English does not sound like the average American. As long as you do not have a VERY strong accent from whatever country you are from, I see NO reason to "Americanize" our English. If someone is doing it to improve their spoken English then I am all for it. If someone is doing it just to gain "acceptance" then I feel it is wrong. You are who you are. Right now you are NOT an American, you were NOT born here so then why should you talk exactly like an American when you are NOT an American??
Also I am not too happy at this being mentioned as an "Indian" specific issue. Citizens of almost EVERY country have their own accent. Indians, Chinese, Japanese,, Italians, Irish, British, East Europian they ALL have a unique accent. I dont see anyone criticizing the Irish, British or the Australian accents. I see some people in this forum making fun of just the Indian accent, so i thought i should clarify this point.
more...
glus
04-15 02:24 PM
In employment-based immigration, an I140 is an immigrant petition according to the law. So most likely INS will determinate one must work for 3 years before the I140 is filed. Many people think that an immigrant petition means filing for I485, but I don't think that the case. I140 is the immigrant petition.
I am not an attorney.
G
I am not an attorney.
G
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deafTunes123
08-28 02:05 PM
One of our IV members posted today that he got an internal mail from Fragomen that visa numbers for EB2 India and China are done as of Aug 21st.
Here is the link.
http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133
Link not working.
Here is the link.
http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133
Link not working.
more...
indianabacklog
10-29 02:58 PM
Source: NumbersUSA.com
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
--------------------
I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
Not sure if anything could be attached but at least if this bill were to be approved and enforced maybe the possibility of immigration reform might follow.
In all instances we keep hearing that we have to close the border first from dozens of lawmakers then we can consider dealing with immigration laws.
It remains to be seen if they are true to their word.
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
--------------------
I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
Not sure if anything could be attached but at least if this bill were to be approved and enforced maybe the possibility of immigration reform might follow.
In all instances we keep hearing that we have to close the border first from dozens of lawmakers then we can consider dealing with immigration laws.
It remains to be seen if they are true to their word.
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jasmin45
07-23 08:11 PM
I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
Job requirement change may have negative effect on I-140. Because the 140 is based on approved labor and for labor certification, your company must have advertised the job requirements. Please consult a good lawyer for advise and he will come up with options if possible at all.
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
Job requirement change may have negative effect on I-140. Because the 140 is based on approved labor and for labor certification, your company must have advertised the job requirements. Please consult a good lawyer for advise and he will come up with options if possible at all.
more...
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map_boiler
04-28 11:22 AM
...that the new job is similar or related to the pending I-485 application.
Also, I was reading on the murthy forum that you would need to file your intent of invoking AC21 with USCIS. If you don't file your intent with USCIS, they may deny the I-485 application if your current employer revoked the approved I-140. As per rules, If you file your intent for invoking AC21 with USCIS, your current employer will NOT be able to revoke the I-140.
Even with letting USCIS know, they're known to have issued denials by mistake or in some cases, NOID's (Notice of Intent to Deny) after the employer filed to revoke the I-140. Proceed cautiously and consult your immigration attorney before you do anything.
Good luck!
Also, I was reading on the murthy forum that you would need to file your intent of invoking AC21 with USCIS. If you don't file your intent with USCIS, they may deny the I-485 application if your current employer revoked the approved I-140. As per rules, If you file your intent for invoking AC21 with USCIS, your current employer will NOT be able to revoke the I-140.
Even with letting USCIS know, they're known to have issued denials by mistake or in some cases, NOID's (Notice of Intent to Deny) after the employer filed to revoke the I-140. Proceed cautiously and consult your immigration attorney before you do anything.
Good luck!
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Dhundhun
04-05 02:44 AM
How 120 days calculated inclusive or exclusive?
As an example suppose it is written like: You cannot file for a renewal XYZ more than 10 days before your original XYZ expires.
If XYZ expires on Apr 25, 2008, then earliest filing date is Apr 15, 2008 or Apr 16, 2008.
Thanks
As an example suppose it is written like: You cannot file for a renewal XYZ more than 10 days before your original XYZ expires.
If XYZ expires on Apr 25, 2008, then earliest filing date is Apr 15, 2008 or Apr 16, 2008.
Thanks
more...
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RDB
09-26 10:56 AM
I am not sure if every state allows this but I know this is true for California. There are different reasons for taking this leave. If you had a baby - For a mother, it is 12 weeks, partially paid by the state and for a father it is 6 weeks partially paid by the state.
If you have worked with your employer for atleast a year, you can also avail FMLA leave for 12 weeks (unpaid) without any issue. All the employers with 50 employess or more are supposed to follow this law.
http://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993
If you have worked with your employer for atleast a year, you can also avail FMLA leave for 12 weeks (unpaid) without any issue. All the employers with 50 employess or more are supposed to follow this law.
http://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993
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suny_saini
07-22 06:14 AM
hello friends
hope u experienced guys can help me and advise me in my case:
my dad is a green card holder and a pernanent resident of US
me my mom and my younger bro were applied by my dad in E3 category.
abt two years ago we recieved a letter from DELHI-US EMBASSY abt some instructions abt visa. and at end there were names of travelling applicants and those were me , my mom and my brother.
now the Priority dates became current in june and we got a letter abt visa appointment and there were only two travelling applicants ( my mom and my brother)
my name was not there for interview.
on the day of interview i went with my family.
they took interview of my mom and bro and said everything is ok.
i was also there in waiting room and only i was allowed to talk and ask the officer at enquire
consular officer give my mom a notoce to present I140 and I824 approval notices. and they returned the passports of my mom and bro and told us to submit each applicant passport with the original approval notices.
i asked at lady at enquire that why they returned the passports?
and she replied that its all because my age problem and also they want to issue visa to all of us at same time.
so after u present the approval notice they will think and decide if i can be able to get visa or not.
then we have again submitted and also i submillted my passport with their.
can anybody help me and tell me wots gonna happen???
i cant wait of their responce.
here are some detials if u can check and calculate if i am elegible...
My current age - 21 yrs and 7 months
Age at the time priority date became current: (21 yrs - 8 days)= 20 years 11 months and 23 days
Priority date became current on 11 May http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
see date of posting at the end of page ie. 11 may
I-140 Filed: May20, 2003
Approved: October 8, 2003
Time taken : 5 monnths and 19 days
Three I-824 filed for Me, my Mother and my younger brother Filed ON: July 28 2005
Approved ON: Nov 7, 2005
Ucsis notified Nov 7, 2005 New Delhi consolate about there cases.
and we filled DS-230 and courier to Delhi US embassy.
Our dates were current near Nov 2005 but again they changed the dates and it became un current.
now dates are current again.
plz help me....
hope u experienced guys can help me and advise me in my case:
my dad is a green card holder and a pernanent resident of US
me my mom and my younger bro were applied by my dad in E3 category.
abt two years ago we recieved a letter from DELHI-US EMBASSY abt some instructions abt visa. and at end there were names of travelling applicants and those were me , my mom and my brother.
now the Priority dates became current in june and we got a letter abt visa appointment and there were only two travelling applicants ( my mom and my brother)
my name was not there for interview.
on the day of interview i went with my family.
they took interview of my mom and bro and said everything is ok.
i was also there in waiting room and only i was allowed to talk and ask the officer at enquire
consular officer give my mom a notoce to present I140 and I824 approval notices. and they returned the passports of my mom and bro and told us to submit each applicant passport with the original approval notices.
i asked at lady at enquire that why they returned the passports?
and she replied that its all because my age problem and also they want to issue visa to all of us at same time.
so after u present the approval notice they will think and decide if i can be able to get visa or not.
then we have again submitted and also i submillted my passport with their.
can anybody help me and tell me wots gonna happen???
i cant wait of their responce.
here are some detials if u can check and calculate if i am elegible...
My current age - 21 yrs and 7 months
Age at the time priority date became current: (21 yrs - 8 days)= 20 years 11 months and 23 days
Priority date became current on 11 May http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
see date of posting at the end of page ie. 11 may
I-140 Filed: May20, 2003
Approved: October 8, 2003
Time taken : 5 monnths and 19 days
Three I-824 filed for Me, my Mother and my younger brother Filed ON: July 28 2005
Approved ON: Nov 7, 2005
Ucsis notified Nov 7, 2005 New Delhi consolate about there cases.
and we filled DS-230 and courier to Delhi US embassy.
Our dates were current near Nov 2005 but again they changed the dates and it became un current.
now dates are current again.
plz help me....
more...
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bekugc
04-02 11:22 AM
hi dhundhun,
this is not normal scenario; even many h1 dependent employers are providing timely paystubs like clockwork.
in visa stampings they do value bank statements with payroll deposit; so in worst case scenario they cud be used to explain ur case.
Also if ur company is mailing stubs to u via postal service, u can record the postal date on the covers and show that regularly ur receiving paystubs in a delayed fashion. The Lawyers are allowed to explain clearly in text during a RFE, they cud attach the bank statements and use this postal mark/actual pay date delays to explain ur situation.
this is not normal scenario; even many h1 dependent employers are providing timely paystubs like clockwork.
in visa stampings they do value bank statements with payroll deposit; so in worst case scenario they cud be used to explain ur case.
Also if ur company is mailing stubs to u via postal service, u can record the postal date on the covers and show that regularly ur receiving paystubs in a delayed fashion. The Lawyers are allowed to explain clearly in text during a RFE, they cud attach the bank statements and use this postal mark/actual pay date delays to explain ur situation.
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a_yaja
07-07 09:48 PM
I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
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jonty_11
12-13 11:05 AM
How can a illegal obtain a paycheck without using a stolen SSN, so there is no way CIR can pass in its current state which allows for a guest worker program. This would mean that any illegal who has stolen a SSN would not be eligible for Guest Worker program - which would be over 90% of illegals.
fromnaija
07-28 02:25 PM
If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.
Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.
If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.
If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.
Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.
If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.
If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.
bkarnik
08-28 05:00 PM
Totally agree with boreal. Also, the category that you qualify for depends upon the requirements of the job and not your qualifications. For example if the minimum requirements of the job is BS with little or no experience, you would be in an EB3 category, irrespective of whether you have a MS or a PhD.