roseball
10-08 10:38 AM
Thanks Pappu for posting this.
This is the best article I read with the words "Lou Dobbs" in it.
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oaktree
01-12 12:57 PM
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
ksach
03-07 04:43 PM
In my experience, it is not required if your are still within the expiry date on the previous stamping and the previous stamping was for a H1-B. You just need to show the latest 797 ( h1-b approval) . I have used this feature many times, and have even changed two employers in between. Never had a problem, except once while coming back from Canada. The immigration officer was new and hence went and asked her superior who said it is no problem. I was let thru with not problems after that. I never had a problem in SFO, thru which i travel frequently.
I think i saw a FAQ for this on murthy.com . check that site as well.
In the end, I am not an attorney, so dont legally hold me to my response. consult your attorney.
I think i saw a FAQ for this on murthy.com . check that site as well.
In the end, I am not an attorney, so dont legally hold me to my response. consult your attorney.
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needGCcool
08-09 11:08 AM
Augustus,
I think you should first read some of the other threads before randomly posting.
Anybody with July 19th receipt date got their Check encashed? How about Receipt Notice? EB-3 India.
I am worried about checks not being cashed yet. After Aug 17th the window is closed.
I think you should first read some of the other threads before randomly posting.
Anybody with July 19th receipt date got their Check encashed? How about Receipt Notice? EB-3 India.
I am worried about checks not being cashed yet. After Aug 17th the window is closed.
more...
glus
07-05 08:26 PM
I have just thought of something (don't know that anyone discussed this in our forum), what if USCIS do not reject the cases filed for July and keep the packages back for few months or years, just saying...
a) Need to record each application that they have received
b) Need to make sure that there are no concurrent I-140 filings
c) Need to differentiate the packages received in June and July
d) Etc
e) Etc
What will happen to AILA' Plaintiffs? Can they sue just having FedEx/UPS tracking number and the updated visa bulletin?
What will happen to the folks applied on 1st July? They are not going to have AP and EAD in the future. Few of their visas may need renewal soon. How can the travel outside USA? I know there are lots more problems than this.....
What will happen, if Oct Visa Bulletin is moved to up to 2005 for all the EB categories and the people who have filed in July not received the packages back in the meantime?
Moreover, who knows, USCIS may not send the packages back for several weeks to avoid lawsuit. What will happen to the people who applied on 07/02?
At this point no one knows answers to you questions. We have to wait and we will see. Ultimately, USCIS could avoid lots of headaches by accepting all July applications and issuing a new bulletin for August...but we don't know, and nobody knows what will eventually happen.
a) Need to record each application that they have received
b) Need to make sure that there are no concurrent I-140 filings
c) Need to differentiate the packages received in June and July
d) Etc
e) Etc
What will happen to AILA' Plaintiffs? Can they sue just having FedEx/UPS tracking number and the updated visa bulletin?
What will happen to the folks applied on 1st July? They are not going to have AP and EAD in the future. Few of their visas may need renewal soon. How can the travel outside USA? I know there are lots more problems than this.....
What will happen, if Oct Visa Bulletin is moved to up to 2005 for all the EB categories and the people who have filed in July not received the packages back in the meantime?
Moreover, who knows, USCIS may not send the packages back for several weeks to avoid lawsuit. What will happen to the people who applied on 07/02?
At this point no one knows answers to you questions. We have to wait and we will see. Ultimately, USCIS could avoid lots of headaches by accepting all July applications and issuing a new bulletin for August...but we don't know, and nobody knows what will eventually happen.
smiledentist
06-22 12:47 AM
You would be best served with the services of an experienced attorney in this area. This is a rather difficult situation. Any answers on this board are likely to be speculative. Some money spent in this critical juncture would be money well spent.
From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.
What I want is that if I could use this approved 140 thenI could be safe,but with a new 140 I am scared that it will take 4 months and I could not take advantage of filing 485.
From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.
What I want is that if I could use this approved 140 thenI could be safe,but with a new 140 I am scared that it will take 4 months and I could not take advantage of filing 485.
more...
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eborbust
07-01 09:19 AM
To Administrator: Why are you deleting my post. I am just copy pasting a PURE TRUTH i.e. a TEXT OF LEGISLATION. I am not making up things. There are many other threads where people are just discussing unnecessary stuff. I am just saying that legal immigrants who have not yet applied for EB should contact congress to include us in any kind of amnesty - not exclude us. How does this view go against anybody in this forum?? Infact it will benefit everybody. A "blanket" amnesty will give everybdy a GC including those who have and those who havent applied for EB yet.
I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.
Search Results - THOMAS (Library of Congress)
S.2611
Comprehensive Immigration Reform Act of 2006 (Placed on Calendar in Senate)
SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.
(a) Short Title- This section may be cited as the `Immigrant Accountability Act of 2006'.
(b) Adjustment of Status-
(1) IN GENERAL- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
`SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
................
Under any such plan, an Illegal guy living in US for 2 or 3 years will get green card before a legal guy on F1 visa or working on H1B living in US for 2 or 3 years.
We should all contact congress to not to limit any kind of so called "Legalization or Earned path to Green Card" to illegals in US only. Legals should also be included. BUG THE WHITE HOUSE AND SENATORS FOR THIS OTHERWISE YOU'LL BE LEFT OUT. ACT NOW...
I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.
Search Results - THOMAS (Library of Congress)
S.2611
Comprehensive Immigration Reform Act of 2006 (Placed on Calendar in Senate)
SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.
(a) Short Title- This section may be cited as the `Immigrant Accountability Act of 2006'.
(b) Adjustment of Status-
(1) IN GENERAL- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
`SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
................
Under any such plan, an Illegal guy living in US for 2 or 3 years will get green card before a legal guy on F1 visa or working on H1B living in US for 2 or 3 years.
We should all contact congress to not to limit any kind of so called "Legalization or Earned path to Green Card" to illegals in US only. Legals should also be included. BUG THE WHITE HOUSE AND SENATORS FOR THIS OTHERWISE YOU'LL BE LEFT OUT. ACT NOW...
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vin13
12-11 04:36 PM
Since the AP application is over 90 days pending, you may be eligible to discusss with the customer service. If you do not get good answer, you may be able to schedule an infopass.
We found out at the Infopass that my wife's AP application had been approved 2 months ago. But online system still shows as pending but just got a soft LUD on the date it was approved. So you never know what you may find out.
But not sure if they would give out information to the applicant's spouse
We found out at the Infopass that my wife's AP application had been approved 2 months ago. But online system still shows as pending but just got a soft LUD on the date it was approved. So you never know what you may find out.
But not sure if they would give out information to the applicant's spouse
more...
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rb_248
10-26 12:39 PM
Able to read English or not should not constitute an offense. Not able to read a road sign and erring on that basis is an offense. All the regulatory and warning road signs have a symbol associated with the text (Octogon for stop 'U' for U-turn, curve ahead.....). Only the advisory signs (exit signs and street signs) have English names and no signs.
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RDB
12-02 08:24 PM
Don't get excited too soon :)
I saw the following message when I logged into the USCIS case tracking system.
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.
I saw LUDs for both me and my wife's 485 on 11/22(Sat) and 11/24.
PD-12/05
RD-07/03/07
This LUD was after more than a year. Hope Jan bulletin brings some movement.
I saw the following message when I logged into the USCIS case tracking system.
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.
I saw LUDs for both me and my wife's 485 on 11/22(Sat) and 11/24.
PD-12/05
RD-07/03/07
This LUD was after more than a year. Hope Jan bulletin brings some movement.
more...
saimrathi
07-07 10:30 PM
Great job.. This is exactly what we need.. National coverage on this issue..
http://www.youtube.com/v/RVhgb6yoc8w
http://www.youtube.com/v/RVhgb6yoc8w
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masterfender
04-26 09:27 PM
Hi guys,
Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.
Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.
more...
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myGC_0507
05-17 08:30 PM
3 years visa. It is not a startup company but not very big company. She is not into software.
But does she got 3 years while transferring H1? Is she transfer through a startup company?
-jignesh
But does she got 3 years while transferring H1? Is she transfer through a startup company?
-jignesh
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wandmaker
11-22 12:28 PM
She should enter in the US on H4, for which you will need to keep your H1 valid at least until the time of her entry.
Correction: He has to maintain the H1 even after his wife enters the USA in H4 status. If he looses H1B status by any means, his wife's H4 is invalid and she will be out of status. So, he has to maintain H1B status until his wife files AOS/485.
Correction: He has to maintain the H1 even after his wife enters the USA in H4 status. If he looses H1B status by any means, his wife's H4 is invalid and she will be out of status. So, he has to maintain H1B status until his wife files AOS/485.
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cygent
12-01 08:48 PM
Thanks coopheal,
Just sent in $100 Transaction ID: 1HH11588973388432
C'mon folks, lets keep this drive alive!!! Tis the season to spend, what better way to invest, than on YOUR OWN FUTURE !!!!
Just sent in $100 Transaction ID: 1HH11588973388432
C'mon folks, lets keep this drive alive!!! Tis the season to spend, what better way to invest, than on YOUR OWN FUTURE !!!!
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bfadlia
03-18 09:37 AM
thanks everyone for their suggestions.I know the clock is ticking and I am gonna decide today itself. I have all documents prepared from last year and I missed the quota.
Did any one used http://www.usavisanow.com/ for their H1B filing.
I am waiting for some reference from any of senior membere here who have used their service
Thanks
I did. And I think they were proficient and fast.
They sent me forms and a list of the documents they needed, i mailed to them and it was done in a few days.
Did any one used http://www.usavisanow.com/ for their H1B filing.
I am waiting for some reference from any of senior membere here who have used their service
Thanks
I did. And I think they were proficient and fast.
They sent me forms and a list of the documents they needed, i mailed to them and it was done in a few days.
more...
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texcan
09-17 03:06 PM
Looks like no one is accepting my apologies :( maybe they will all come to DC and beat me up instead
Chanduv23,
I am sure your words of encouragement were well taken by everyone.
You did well, encouragement is encouragement....
"Even though eagles have best flying skills...still they need a push"
best
Chanduv23,
I am sure your words of encouragement were well taken by everyone.
You did well, encouragement is encouragement....
"Even though eagles have best flying skills...still they need a push"
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deba
07-03 06:07 PM
What if previous employer withdraws approved I140 after changing jobs? In my case it has been more than 180 days after approval of 140/485. Is the PD still portable?
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EB3_SEP04
07-16 04:40 PM
No it is the same company
First of all congrats!
My understanding is that as long as the new job/title falls in the SAME O*NET code(lower right corner of your labor appplication), it is considered SAME/SIMILAR job and hence OK. e.g. O*NEt code for Computer Programmers is 15-1021
http://www.onetcodeconnector.org/ccreport/15-1021.00
The good news is that YOU think that the new job duties are 50% different, which may not be the case as per AC21. That happened to one of friends, his old job was at a bank and his labor had a lot banking related words, then he joined a CISCO which is defiintely not a bank so new job duties were 70-80 different (if you compare word to word), so he was worried, but his lawyer said "you were a DBA (15-1061) and you are still a DBA, so it is a SAME or SIMILAR job". He got the GC last year.
Also how would USCIS know that you have been promoted? since you are not changing employer, you are not using AC21 and does not have to inform USCIS about this change. So technically you could be promoted every year still have no effect on green card (unless you get an RFE and USCIS asks for a emmployment letter, pay stub etc, which will show a change in title).
First of all congrats!
My understanding is that as long as the new job/title falls in the SAME O*NET code(lower right corner of your labor appplication), it is considered SAME/SIMILAR job and hence OK. e.g. O*NEt code for Computer Programmers is 15-1021
http://www.onetcodeconnector.org/ccreport/15-1021.00
The good news is that YOU think that the new job duties are 50% different, which may not be the case as per AC21. That happened to one of friends, his old job was at a bank and his labor had a lot banking related words, then he joined a CISCO which is defiintely not a bank so new job duties were 70-80 different (if you compare word to word), so he was worried, but his lawyer said "you were a DBA (15-1061) and you are still a DBA, so it is a SAME or SIMILAR job". He got the GC last year.
Also how would USCIS know that you have been promoted? since you are not changing employer, you are not using AC21 and does not have to inform USCIS about this change. So technically you could be promoted every year still have no effect on green card (unless you get an RFE and USCIS asks for a emmployment letter, pay stub etc, which will show a change in title).
485Mbe4001
02-28 12:23 PM
I agree, international schools mirror US/UK formats and the transition is easier. My neighbor returned with an 8 year old kid. She had problems with the second language (hindi in her school, tutions helped a bit) she was fine with the rest. The parents had planned in advance, be prepared for fact that even if your child is among the best here, he/she will be average there, the learning standards are very high in good schools. BTW in india children are already exposed to writing in the second language from KG
If you contact the school they will email you a list of academic standards for each class, you can go through the list and spend some time working on your childs weak spots (if you want a URL for such a list let me know or search for DPS pune or any other well known school). Its different there, but there is more freedom and children enjoy it more (there will be pressures, related to mixing with children and language, but children are more adaptable than us.). Be prepared for a learning curve and an adjustment period thats all.
If you contact the school they will email you a list of academic standards for each class, you can go through the list and spend some time working on your childs weak spots (if you want a URL for such a list let me know or search for DPS pune or any other well known school). Its different there, but there is more freedom and children enjoy it more (there will be pressures, related to mixing with children and language, but children are more adaptable than us.). Be prepared for a learning curve and an adjustment period thats all.
buehler
01-14 07:13 PM
My wife received the FP notice 3 weeks ago and her FP is tomorrow. I never received it even though I am the primary applicant. I do see updates on my I-485 application but no FP notice. The USCIS center is quite far away from my home. Can I try to go there with my wife and see if they can do my FP also tomorrow or is that a lost cause?
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