casinoroyale
08-20 10:28 PM
Friends, anyone going to Canada in September?
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vbkris77
04-04 11:09 AM
Can pls add poll to this by month. We atleast know 3 cases..
dummgelauft
05-15 09:45 AM
Hey, what you think or say does not matter. This is what lawyers are for, go hire an attorney.
Oh! I might have forgotten that you might be working for a desi consultant, who will pad your resume to make it look like Kernigan's or Ritchie's. ..maybe they can qualify you for EB-1...
Oh! I might have forgotten that you might be working for a desi consultant, who will pad your resume to make it look like Kernigan's or Ritchie's. ..maybe they can qualify you for EB-1...
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calaway42
10-04 01:18 AM
roger that :)
more...
kondur_007
03-25 08:31 PM
Got some answers for you (they are in red below).
good luck.
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 � shows 57,000$/yr
2006 W2 � shows 50,000$/yr
2007 W2 � shows 58,000$/yr
2008 W2 � shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.
Thanks.
good luck.
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 � shows 57,000$/yr
2006 W2 � shows 50,000$/yr
2007 W2 � shows 58,000$/yr
2008 W2 � shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.
Thanks.
amit_sp
07-16 09:29 AM
Hello: Here's the original article.
http://online.wsj.com/article_email/SB118455917060167397-lMyQjAxMDE3ODE0NjUxNTY5Wj.html
see Greg Siskind's blog :
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:
- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack
One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.
http://online.wsj.com/article_email/SB118455917060167397-lMyQjAxMDE3ODE0NjUxNTY5Wj.html
see Greg Siskind's blog :
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:
- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack
One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.
more...
jayram123
07-18 07:34 AM
DIGG THIS PLEASE:
http://digg.com/politics/Government_Does_U_Turn_on_Green_Cards
Dugg!:)
http://digg.com/politics/Government_Does_U_Turn_on_Green_Cards
Dugg!:)
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dallasdude
09-25 10:24 AM
http://www.reason.com/images/07cf533ddb1d06350cf1ddb5942ef5ad.jpg
Enjoy
Enjoy
more...
munnu77
04-16 01:53 PM
Both of us work in the energy (electricity) industry.
then..wont be a problm..make sure u get a good deal before u move..
then..wont be a problm..make sure u get a good deal before u move..
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prioritydate
08-14 12:26 PM
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Provided that everything is approved(I-140, Name check etc) Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
People may post their answers, proving that I am wrong.
more...
Muj@ck0_it
03-11 03:20 AM
I'll cast my vote for paddy...:yes:
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thescadaman
09-28 04:42 PM
Q : Is USCIS prioritizing certain application(s) during the receipting process?
Yes. The Application to Adjust Status (I-485) will have first priority because USCIS needs to ensure that these applications are receipted in a timeframe that would allow processing of an application for an Employment Authorization Document (EAD) within 90 days of filing as mandated by law [8 CFR 247a.13(d)]. Our second priority will be to receipt the Application for Naturalization (N-400) so that we can minimize any delays in obtaining citizenship.
Yes. The Application to Adjust Status (I-485) will have first priority because USCIS needs to ensure that these applications are receipted in a timeframe that would allow processing of an application for an Employment Authorization Document (EAD) within 90 days of filing as mandated by law [8 CFR 247a.13(d)]. Our second priority will be to receipt the Application for Naturalization (N-400) so that we can minimize any delays in obtaining citizenship.
more...
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wandmaker
10-30 07:26 AM
thanks for reply,
One more query..If H4 visa has expired but I have H4 extension till 2009, can I get H4 stamp in India..
Yes, You can get your H4 stamped.
My case traveling in Jan to india, My H4 was expired but I have extension. Can I get it stamped as H4. I will be appying for EAD in Nov 07.
Thank you..
Yes, You can get your H4 stamped.
One more query..If H4 visa has expired but I have H4 extension till 2009, can I get H4 stamp in India..
Yes, You can get your H4 stamped.
My case traveling in Jan to india, My H4 was expired but I have extension. Can I get it stamped as H4. I will be appying for EAD in Nov 07.
Thank you..
Yes, You can get your H4 stamped.
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aray
09-16 02:48 PM
There is no risk. I recently traveled and came back on AP and I changed jobs and no longer work with sponsoring employer.
There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.
surabhi,
At the Port of Entry, were you asked if you are still working for the GC sponsoring employer? Did you have to show any documentation from new employer?
I am planning to travel to India in December on AP. I recently changed jobs.
Thanks in advance.
There is always a nut case if you are not lucky and will probably cause some grief, but will not stop you from entering US.
surabhi,
At the Port of Entry, were you asked if you are still working for the GC sponsoring employer? Did you have to show any documentation from new employer?
I am planning to travel to India in December on AP. I recently changed jobs.
Thanks in advance.
more...
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Winner
04-21 03:39 PM
Thanks.
Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
Now that is news to me. Can any attorneys confirm this?
Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
Now that is news to me. Can any attorneys confirm this?
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ameryki
08-10 12:33 PM
I wonder my lawyer asked for a cashier's check or money order :-)
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zCool
04-03 01:30 PM
In that case, just do the best you can,
This type of issue used to be answered and helped by unitednations
In fact he was a miracle worker when it came to A2P. I haven't come across posting from him in a quite a while but do check archives from IV and immigrationportal. You need someone of his knowledgebase
This type of issue used to be answered and helped by unitednations
In fact he was a miracle worker when it came to A2P. I haven't come across posting from him in a quite a while but do check archives from IV and immigrationportal. You need someone of his knowledgebase
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bb8185
06-05 10:54 AM
You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."
Elaine, many thanks for taking the time to be on this forum.
Can I clarify a point, if someone is laid off whilst their 485 AOS is pending, would they still be 'in status'...and if so, for how long, and at what point do they need to provide 'proof' of a future role.
Many thanks again
Elaine, many thanks for taking the time to be on this forum.
Can I clarify a point, if someone is laid off whilst their 485 AOS is pending, would they still be 'in status'...and if so, for how long, and at what point do they need to provide 'proof' of a future role.
Many thanks again
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rogerdepena
01-06 11:37 PM
FYI:
http://www.cnn.com/2007/US/01/06/first.baby.ap/index.html
another reason to get a GC. although, toys r us reversed their decision, the whole incident kinda left a bad taste in the immigrant community. heck, they didn't ask for my GC when i bought toys in their store then why would they even bother about "citizenship" in their new year promotion. good thing they reversed it.
http://www.cnn.com/2007/US/01/06/first.baby.ap/index.html
another reason to get a GC. although, toys r us reversed their decision, the whole incident kinda left a bad taste in the immigrant community. heck, they didn't ask for my GC when i bought toys in their store then why would they even bother about "citizenship" in their new year promotion. good thing they reversed it.
tikka
07-08 09:52 PM
anything in specific?
mangelschots
07-26 03:16 PM
IV core-
Should we lobby Cornyn to break this into two amendments.. one for unused visas.. and other for increasing the number of H1's. I think we have lost out on many occasions because of H1 increase request. I am sure proponents of H1 increase by this time will understand this request.
given CIR's debacle, anything increasing visa quota is a dead end. Nobody will touch it. I'm not saying it is a good idea, but it will guarantee a failure.
I suggest sticking to 'technical correction', stuff nobody cares about. Recapturing unused visas can be sold as just doing what congress mandated but bureaucrats were unable to pull off. The US public has no problem bitching about incompetent government agencies.
It is a different thing to convince everyone to let in even more immigrants that there already are.
Forget the H1-B quota increase, nobody will touch it.
Technical corrects may still be possible. Keep the debate as technical as you can. No emotions erupt from technical debates. People will react like 'who cares - I don't understand what you are talking about'
Should we lobby Cornyn to break this into two amendments.. one for unused visas.. and other for increasing the number of H1's. I think we have lost out on many occasions because of H1 increase request. I am sure proponents of H1 increase by this time will understand this request.
given CIR's debacle, anything increasing visa quota is a dead end. Nobody will touch it. I'm not saying it is a good idea, but it will guarantee a failure.
I suggest sticking to 'technical correction', stuff nobody cares about. Recapturing unused visas can be sold as just doing what congress mandated but bureaucrats were unable to pull off. The US public has no problem bitching about incompetent government agencies.
It is a different thing to convince everyone to let in even more immigrants that there already are.
Forget the H1-B quota increase, nobody will touch it.
Technical corrects may still be possible. Keep the debate as technical as you can. No emotions erupt from technical debates. People will react like 'who cares - I don't understand what you are talking about'
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