funny
09-16 04:09 PM
http://www.numbersusa.com/content/nusablog/beckr/september-15-2008/massive-foreign-worker-increase-back-ali.html
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Hermione
09-27 10:07 AM
The article says: "After all, if the legal process was more efficient and less daunting, perhaps the illegal immigration problems wouldn't be quite so bad."
I say, it is not perhaps, it is a given. When there is a legal remedy for any issue (not just immigration), then 9 out of 10 people would not go the illegal way.
This is very much correct. And it is also the reason to position fixing immigration system as a remedy for both legal and illegal immigration. If you propose a help for legal immigrants, lawmakers are not going to listen to you as much as if you proposed something that fixes both legal immigration and encourages less illegal immigration in the future. It is that simple.
I say, it is not perhaps, it is a given. When there is a legal remedy for any issue (not just immigration), then 9 out of 10 people would not go the illegal way.
This is very much correct. And it is also the reason to position fixing immigration system as a remedy for both legal and illegal immigration. If you propose a help for legal immigrants, lawmakers are not going to listen to you as much as if you proposed something that fixes both legal immigration and encourages less illegal immigration in the future. It is that simple.
mdy_tvr
02-01 04:43 PM
Guys
I recently got my 485 approved and got my card too. My wife's case is bit complicated.
I would appreciate if someone can throw light on this.
She applied her 485 in August 2007. Her 485 was seperately filed with her company since I was physically not present in US at that time in order to apply her as my dependent through my primary 485.
I applied for my 485 in Oct 2007 when I came back to US. I did not add her as dependent since she already applied for her 485.
Later in 2008 ( , my lawyer sent a letter to USCIS requesting them to link her 485 as my dependent. Now after my 485 is approved, my lawyer checked with USCIS whether her case is linked to mine. Lawyer was informed that the case is indeed linked and that her 485 will be approved anytime.
But now, my wife;s position in her company is not that good as there are layoffs happening. If God forbid she gets layed off from her current h1b status, will she be in status? can she continnue to stay in US without working?
thanks
mdy_tvr
I recently got my 485 approved and got my card too. My wife's case is bit complicated.
I would appreciate if someone can throw light on this.
She applied her 485 in August 2007. Her 485 was seperately filed with her company since I was physically not present in US at that time in order to apply her as my dependent through my primary 485.
I applied for my 485 in Oct 2007 when I came back to US. I did not add her as dependent since she already applied for her 485.
Later in 2008 ( , my lawyer sent a letter to USCIS requesting them to link her 485 as my dependent. Now after my 485 is approved, my lawyer checked with USCIS whether her case is linked to mine. Lawyer was informed that the case is indeed linked and that her 485 will be approved anytime.
But now, my wife;s position in her company is not that good as there are layoffs happening. If God forbid she gets layed off from her current h1b status, will she be in status? can she continnue to stay in US without working?
thanks
mdy_tvr
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paskal
07-08 09:43 PM
i have heard in the past that you can move jobs in the same area, but never gone into the specifics....
my attorney does a lot of this stuff, you can get a free consultation.
pm me if interested.
btw it;s a good question for iv-physicians, are you part of that group? see my signature.
my attorney does a lot of this stuff, you can get a free consultation.
pm me if interested.
btw it;s a good question for iv-physicians, are you part of that group? see my signature.
more...
GC_dd
10-15 02:19 PM
I was on L1 got h1b and started working for h1b employer in Oct 2007. meanwhile my wife and kid traveled to India and in Chennai consulate got 221g for latest salary slips in April 2008. in 2 weeks they got h4 stamped. after one year I traveled to India in July 2009 and got h1b stamped.
seba
09-24 01:31 PM
Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.
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hpandey
06-02 03:18 PM
You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?
You won't get an RFE during approval of GC since you are legally here all the time due to AOS but your wife will get it when you file for her GC since she would be out of status all this time.
You won't get an RFE during approval of GC since you are legally here all the time due to AOS but your wife will get it when you file for her GC since she would be out of status all this time.
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ps57002
10-09 05:32 AM
How about H1B?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
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CADude
11-07 07:30 PM
Please Read the SOP I-485 Section 6: Work Load Distribution (page 134 of 269)
If all earlier process is completed (NC, G235A, FP, etc, etc..) then you will come to WL Distribution phase. If you Visa# is not available then files will be kept in "visa hold self" sorted by PD. It's reviewed monthly for visa# availability.
If visa# available for your PD then file will be assigned to Adjustor.
But to reach WL Distribution, all process haved to be completed which is done based on your Receive Date(RD). I am sure FIFO didn't followed for July 2nd filer(few filer are still waiting for RN). So for all praticle purpose read Notice date(ND) inplace of RD.
If all earlier process is completed (NC, G235A, FP, etc, etc..) then you will come to WL Distribution phase. If you Visa# is not available then files will be kept in "visa hold self" sorted by PD. It's reviewed monthly for visa# availability.
If visa# available for your PD then file will be assigned to Adjustor.
But to reach WL Distribution, all process haved to be completed which is done based on your Receive Date(RD). I am sure FIFO didn't followed for July 2nd filer(few filer are still waiting for RN). So for all praticle purpose read Notice date(ND) inplace of RD.
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bigboy007
04-09 03:07 PM
I think too that you in ok shape , I dont see a reason why ppl are against Labor certs not that i have one its legal at time. as Karthik mentioned good to keep all paychecks.
I think you are in good shape to use AC21. Just make sure that you have the paystubs for the first 180 days after filing the I485 application in your present company if in case you get a RFE. That is one of the easy proof that you worked in company A for 180 days after fileing I-485.
I think you are in good shape to use AC21. Just make sure that you have the paystubs for the first 180 days after filing the I485 application in your present company if in case you get a RFE. That is one of the easy proof that you worked in company A for 180 days after fileing I-485.
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priderock
06-28 04:09 PM
I hope Geeta will reduce your pain.
I asked her , but her boyfriend would not agree:)
I asked her , but her boyfriend would not agree:)
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enggr
10-04 08:17 AM
They have this in Connecticut (CT) state also . In 2010 Jan I applied for my license transfer and they checked my 797, passport, employment verification letter etc and they said they need to send the verification to USCIS which will take a few hours or a day. they wanted me to come back the next day to collect the license
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arsh007
12-21 08:58 AM
Please let me know if Missouri members can participate on this conference. I am not aware if we have any local IV chapter in Missouri. Looking forward to your response.
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BumbleBee
08-16 04:42 PM
Please be aware that experience gained at sponsoring employer can not be counted towards fulfilling minimum qualification requirement for labor certification. You must prove your qualification to the job prior to joining the sponsoring employer... minor details.
So if you are planning to file a new EB2 application with same employer, just count your experience till the point you joined the company, anything afterwards is not admissible.
BumbleBee
So if you are planning to file a new EB2 application with same employer, just count your experience till the point you joined the company, anything afterwards is not admissible.
BumbleBee
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guygeek007
07-24 03:27 PM
I just received some information from my attorney today about my i-140 premium processing application that was filed on 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year.
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
Suggestions and advice would be appreciated.
This is my GC application history
1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.
Current status for i-140 : Recieved and pending at Nebraska service center.
Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?
Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?
Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.
Any assistance would be highly appreciated.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year.
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
Suggestions and advice would be appreciated.
This is my GC application history
1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.
Current status for i-140 : Recieved and pending at Nebraska service center.
Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?
Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?
Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.
Any assistance would be highly appreciated.
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uma001
02-01 01:31 PM
Congrats and dont forget to continue to stay on this forum to help others if they have any questions regarding green card process
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gondalguru
07-08 09:40 PM
BUT: mine is an NIW case so i think she wanted to prove continuous service since 2003 in this job (under served area), she also asked the employer for a payroll printout since january.
Hi Paskal:
I am NIW physician, EB2 India, PD 9/2004. Already completed 3 yrs and 10 months into MUA service. I changed the job in the same MUA 3 months ago.
Do I have to file an amended I-140 or no? I contacted two lawyers on this issue. One says yes and second says no. The second lawyer who is from very reputed law firm -- (shusterman.com) says u only need to respond to RFE for 1 yr and 5 yr of service and not send an updated I-140 especially if you stay in the same MUA / state. I don't know whom to believe? Any suggestions.
I went through NIW regulations published in federal register many times... but in the register it is not clear if you need to file amended I-140 if your first I-140 is self petition and you didn't change the underserved area.
Hi Paskal:
I am NIW physician, EB2 India, PD 9/2004. Already completed 3 yrs and 10 months into MUA service. I changed the job in the same MUA 3 months ago.
Do I have to file an amended I-140 or no? I contacted two lawyers on this issue. One says yes and second says no. The second lawyer who is from very reputed law firm -- (shusterman.com) says u only need to respond to RFE for 1 yr and 5 yr of service and not send an updated I-140 especially if you stay in the same MUA / state. I don't know whom to believe? Any suggestions.
I went through NIW regulations published in federal register many times... but in the register it is not clear if you need to file amended I-140 if your first I-140 is self petition and you didn't change the underserved area.
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bskrishna
08-03 12:16 PM
what to you mean by 485 fingerprinting?
Is it just getting it done or any other issue relating to this...
Is it just getting it done or any other issue relating to this...
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chintals
09-03 11:43 AM
I have got an LUD on 09/01/2009 for both the cases, but the status is still pending.
I am worried, did any have similar experience?
I am in the same boat as you.. See SLUD on both bases on 09/01/09 with EAC08** pending at TSC. Waiting.
I am worried, did any have similar experience?
I am in the same boat as you.. See SLUD on both bases on 09/01/09 with EAC08** pending at TSC. Waiting.
delax
08-03 01:08 PM
I remember very clearly from last year that NOT having an A# on your approved I-140 is not a problem - Sheela Murthy was very clear about this on her calls for her clients. The 485 receipt though should have an A#.
FP is a different story. You have to get it done for 485 approval.
Disclaimer: My approved I-140 has an A# that matches the A# on the 485 receipt
FP is a different story. You have to get it done for 485 approval.
Disclaimer: My approved I-140 has an A# that matches the A# on the 485 receipt
ruchigup
08-22 03:22 PM
As stated earlier go for your own lawyer.
New employer has Fragomen and I heard there is lot of negative air about their procedures on PERM. Current employer legal firm is Baker McKenzie.
I am kind of reluctant to have Fragomen as my attorney representation
__________________
Can I have some recommendations for good attorney?
New employer has Fragomen and I heard there is lot of negative air about their procedures on PERM. Current employer legal firm is Baker McKenzie.
I am kind of reluctant to have Fragomen as my attorney representation
__________________
Can I have some recommendations for good attorney?
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