saibaba
12-09 10:50 PM
thanq hankles
lskreddy
08-14 02:18 PM
I am planning to do that early next year when I go up there for a six week vacation. Thanks for that feedback.
SunnySurya
07-28 02:52 PM
I am also confused now!
[QUOTE=buddyinsfo;267932]I'm confused...Was the qn regarding an AP update for PDs before June 2006 or after June 2006? In the very first thread it says after. But the same quoted msg in SunnySurya's msg (the very second msg) says before. So, Ppl who said yes, was it for before June 2006 PD or after?
I feel that many EB2 filers before June 2006 have got this LUD.
[QUOTE=buddyinsfo;267932]I'm confused...Was the qn regarding an AP update for PDs before June 2006 or after June 2006? In the very first thread it says after. But the same quoted msg in SunnySurya's msg (the very second msg) says before. So, Ppl who said yes, was it for before June 2006 PD or after?
I feel that many EB2 filers before June 2006 have got this LUD.
kumarc123
10-22 09:28 AM
Gurus pls help,
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
Hello there,
Well I can answer one question of your's, when you travel to Canada, they don't normally put a new I94 ( I have driven too many times)
So I would put the date specified on the old 1-94 exclusive of my trips to Canada, reason being I-94 is the only official record of entering and exiting the country. So why complicate things more?
Hope it helps
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
Hello there,
Well I can answer one question of your's, when you travel to Canada, they don't normally put a new I94 ( I have driven too many times)
So I would put the date specified on the old 1-94 exclusive of my trips to Canada, reason being I-94 is the only official record of entering and exiting the country. So why complicate things more?
Hope it helps
more...
Prasad_FL
08-02 11:33 PM
Chennai consulate would take 1 or 2 days for processing. You can send an email to them or talk to VFS and request if they can re-schedule it for earlier date.
Wen you do not have much time, you should not take any chance. Try to reschedule it in Delhi or Bombay.
Chennai consulate took 2 days in 2005.
Delhi consulate took 2 days in 2006.
Wen you do not have much time, you should not take any chance. Try to reschedule it in Delhi or Bombay.
Chennai consulate took 2 days in 2005.
Delhi consulate took 2 days in 2006.
anilsal
12-20 11:50 PM
I wish Sen.Cornyn to have a wonderful holiday season. May he be well rested so that he gets motivated to pass the SKIL bill in Jan/Feb.
more...
willgetgc2005
04-24 11:47 PM
dilbert_cal / others,
I have a EB3 2002 PD . My 140 is approved and is 485 pending for 2 years. I have EAD as well. So my question is if I join a new employer using AC21 and have the new employer file an EB2 and then try to port PD, will it work. Assume my current employer will revoke 140. Will the PD portabilty still work ?
Thanks
_________________________________________________
If your previous company has closed down, there isnt any way you can port the PD.
PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.
Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.
I have a EB3 2002 PD . My 140 is approved and is 485 pending for 2 years. I have EAD as well. So my question is if I join a new employer using AC21 and have the new employer file an EB2 and then try to port PD, will it work. Assume my current employer will revoke 140. Will the PD portabilty still work ?
Thanks
_________________________________________________
If your previous company has closed down, there isnt any way you can port the PD.
PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.
Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.
desi3933
06-24 07:51 AM
are you sure that the dates can retrogress by july 15???
Do you have a precedence of such thing happening???
I suggest you ask this question to your lawyer/attorney and you may be surprised by the answer.
People always believe in what they want to. It is so strange.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
Do you have a precedence of such thing happening???
I suggest you ask this question to your lawyer/attorney and you may be surprised by the answer.
People always believe in what they want to. It is so strange.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
more...
gc_aspirant_prasad
07-13 05:24 PM
done
RSM1444
05-06 11:38 PM
I am also in the same scenario. Any info will be appreciated.
more...
GCBy3000
07-26 05:35 PM
Can IV send email todya to all TEXAS members if it supports this move since tomorrow is the last day for registration.
conchshell
07-28 01:44 PM
So fine with me if this has already been discussed, Can we promote this and track it. Would it be too much to add a second thread that talks about contributions to IV when i look at 5 threads at the top of the list that all track LUD's :)
k3gc ... there is nothing wrong with opening this new thread. The idea was discussed last time, but there was no tracking. So its the tracking thingy which is new in your proposal. I personally think that discussing this idea is much better than discussing about lord Ganesha's picture on a beer bottle.
k3gc ... there is nothing wrong with opening this new thread. The idea was discussed last time, but there was no tracking. So its the tracking thingy which is new in your proposal. I personally think that discussing this idea is much better than discussing about lord Ganesha's picture on a beer bottle.
more...
RamBihari
02-16 03:59 PM
If each state in India were a country
There would have been no backlog.
Disagree. Andhra Pradesh would still have a long backlog.
There would have been no backlog.
Disagree. Andhra Pradesh would still have a long backlog.
ivgclive
04-23 06:06 PM
....but this is a public forum and I can ask whatever question I want to ask....
For the same reason, I thought I can answer anything.
Now I understand. the law is for only people who ask questions.
For the same reason, I thought I can answer anything.
Now I understand. the law is for only people who ask questions.
more...
GCBy3000
07-11 05:02 PM
Why only moderators my dear friend, even members will not like it. 99.9 % of the members are professionals and working for common cause with team spirit..
.jpg "quotes on broken heart in love")
snathan
02-15 11:55 AM
Where is the law that inquiring about PERM process in a forum OR even with Attorney or Employer is not allowed ? Unless you can cite a law how can you call it illegal ?
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
more...
GCBy3000
04-10 03:58 PM
I am from Wisconsin. I sent an email expressing to volunteer from WI State.
virtual55
03-27 03:16 PM
Good Job! Next time we find out something like this, I would recommend sending an email about the information we found and request them to publish officially on their websites like immigration.com,immigration-law.com,http://bibdaily.com/index.cgi etc.
senk1s
02-06 11:52 AM
H1-
cons:
H1 can be revoked by employer anytime, but they'll have to arrange for return transportation(in my opinion it is not as safe a fallback as it is commonly believed to be) - as always it depends on the employer
EAD:
pros:
One is never out of status till 485 is adjudicated adversely
cons:
H1 can be revoked by employer anytime, but they'll have to arrange for return transportation(in my opinion it is not as safe a fallback as it is commonly believed to be) - as always it depends on the employer
EAD:
pros:
One is never out of status till 485 is adjudicated adversely
eb2_immigrant
03-03 06:39 PM
I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.
Please see I am on H1B and never been on bench or out of status.
Generally desi consulting companies work that way with exception to few good ones. I don't see a strong reason why they do that, May be they want to wait and see if they can avoid paying.
In case of last months pay, desi companies pay consultants when they get paid from the client. This is unfortunately how most of desi companies pay. It makes us nervous and at times ruins the relationship with employer.
If you believe your employer and think he is genuine, you could wait but on the contrast if he is genuine why wouldn�t he pay you the money which he is going to get any way?
Before you take any step against your employer ask him when he can pay you and if he doesn�t pay you as promised then I strongly recommend you to contact a lawyer, I am sure desi employer will come down on his knees and pay you. You have a strong case against him.
Please see I am on H1B and never been on bench or out of status.
Generally desi consulting companies work that way with exception to few good ones. I don't see a strong reason why they do that, May be they want to wait and see if they can avoid paying.
In case of last months pay, desi companies pay consultants when they get paid from the client. This is unfortunately how most of desi companies pay. It makes us nervous and at times ruins the relationship with employer.
If you believe your employer and think he is genuine, you could wait but on the contrast if he is genuine why wouldn�t he pay you the money which he is going to get any way?
Before you take any step against your employer ask him when he can pay you and if he doesn�t pay you as promised then I strongly recommend you to contact a lawyer, I am sure desi employer will come down on his knees and pay you. You have a strong case against him.
saps
03-16 03:44 PM
We are in the same boat. We also filed our I-485 separately through our respective employers but we have not requested to merge the applications yet. From my consultation to an attorney, you have following options:
1. If you already have receipt numbers for your case, you should send the copies of your I-485 receipt notice and approved I-140 along with your spouse's application. Attach a cover letter requesting to append your spouse's file with yours. That way, you don't have to do a separate step of letting USCIS know later on. Don't forget to include a copy of marriage certificate.
2. In case you do not have receipt numbers for your case (which was our case), your spouse can fill out his/her application and then wait to receive notice receipts for both of your applications. Notify USCIS about merging your applications. From my understanding, there is no way of confirming if the files were merged so this doesn't gurantee that they will be merged.
or
You can wait till one of you get your green card approved. Once you are approved, you can take an infopass apointment and request spouse's adjuciation based on your spouse's approval and your pending application. Not sure , but you can also file follow to join (which takes 6 months) for the other member to receive GC once you have one approved GC in hand. You don't have to depend on PD after this.
I honestly recommend taking a second opinion from attorney and would really appreciate if you can share what your attorney recommends.
Hope this helps!
Thanks
1. If you already have receipt numbers for your case, you should send the copies of your I-485 receipt notice and approved I-140 along with your spouse's application. Attach a cover letter requesting to append your spouse's file with yours. That way, you don't have to do a separate step of letting USCIS know later on. Don't forget to include a copy of marriage certificate.
2. In case you do not have receipt numbers for your case (which was our case), your spouse can fill out his/her application and then wait to receive notice receipts for both of your applications. Notify USCIS about merging your applications. From my understanding, there is no way of confirming if the files were merged so this doesn't gurantee that they will be merged.
or
You can wait till one of you get your green card approved. Once you are approved, you can take an infopass apointment and request spouse's adjuciation based on your spouse's approval and your pending application. Not sure , but you can also file follow to join (which takes 6 months) for the other member to receive GC once you have one approved GC in hand. You don't have to depend on PD after this.
I honestly recommend taking a second opinion from attorney and would really appreciate if you can share what your attorney recommends.
Hope this helps!
Thanks
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