ivar
09-09 12:16 PM
I had applied for PERM in 2006 with software programmer title with 8 yrs exp in EB2 and got it approved so i don't think it should be a issue. I have applied my second PERM in April 09 as senior software engineer with 10+ exp in EB2 still waiting to get it approved. My lawyer never raised any issue with my current labor in EB2 so i think we should qualify in EB2 with software engineer position. Where did you find this information about limiting EB2 to managers only? If you want to get in the line for GC don't waste time.. do it ASAP. It is taking a long time to get PERM approvals, don't know whats going on at DOL and why it is taking this long. There are hardly any approvals after Nov 08. Did anyone with PD after Nov 08 got their PERM approved recently?
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sammyb
10-05 04:28 PM
Sorry for opening a new thread, Please point me to the thread if this issue is already addressed in some other thread and delete this thread.
I filed my I-485 in July, Still waiting for receipts, Now my company got acquired by another company. My questions are-
Any actions required from my side? What will happen to my I-485 which is already filed, Do I need to re-file with new company?
If I get EAD in next few weeks can I use that EAD after 6 months of filing I485?
Thanks
I had the same situation when before I apply my GC my company was taken over by my current employer ... there is something called 'successor of interest' .... as I understand the new company will take over ownership of any H1/GC etc that you have with your previous employer ...
this is just my thoughts .. better you get it verified by your lawer ...
I filed my I-485 in July, Still waiting for receipts, Now my company got acquired by another company. My questions are-
Any actions required from my side? What will happen to my I-485 which is already filed, Do I need to re-file with new company?
If I get EAD in next few weeks can I use that EAD after 6 months of filing I485?
Thanks
I had the same situation when before I apply my GC my company was taken over by my current employer ... there is something called 'successor of interest' .... as I understand the new company will take over ownership of any H1/GC etc that you have with your previous employer ...
this is just my thoughts .. better you get it verified by your lawer ...
indyanguy
08-07 09:27 AM
I was curious to know if LC/140/485 will be processed simultaneously or if they will be processed one after the other. If latter, what might be the approx time taken in NSC for LC and 140. I understand that it's difficult to predict the time for 485.
U mention what u have filed and what u r expecting.
I think almost everyone has filed 485/140/EAD/AP.
I am just curious what exactly you want to know. Do you want to know when you will get your GC or about the receipts.
If you are looking for receipts, there is a thread going on for July filers by the name "July Trackers".
If you want to know when you will get your GC then i am sorry to say, even GOD cannot give you an idea.
I hope this helps.
Meanwhile, please work on some action items and your wait will become more easier.
U mention what u have filed and what u r expecting.
I think almost everyone has filed 485/140/EAD/AP.
I am just curious what exactly you want to know. Do you want to know when you will get your GC or about the receipts.
If you are looking for receipts, there is a thread going on for July filers by the name "July Trackers".
If you want to know when you will get your GC then i am sorry to say, even GOD cannot give you an idea.
I hope this helps.
Meanwhile, please work on some action items and your wait will become more easier.
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ImmiLosers
09-30 03:19 PM
I gave my 3rd FP for pending 485 last week. Haven't seen any LUD change since. My NC was cleared last year as per USCIS. My question is after every FP, does FBI initiate a new name check? is this a vicious circle ?
No, I went for my 2nd FP last week. I asked USCIS (800#) the above question.
It is done once. Looks like FP and Name check are different processes.
No, I went for my 2nd FP last week. I asked USCIS (800#) the above question.
It is done once. Looks like FP and Name check are different processes.
more...
prasadn
02-05 11:54 AM
Gurus,
I have a similar question. I filed for my 485 in June 2007. But, did not file for EAD at that time. However, I filed for my EAD in March 2008 with the new filing fee i.e $340. My EAD is up for renewal (it's valid till Jun 12th...but considering the 3 month wait time, I am plannig to file it around 13th of this month ).
Since I have already filed with the new fee structure I am hoping I dont have to pay any fees , right? But, I dont see any instructions to that extent. Can any one please point me to the right link or document?
Regards
As per my understanding, since you filed for 485 before August 17, 2007 you have to pay renewal fees for EAD/AP. ONLY if you have filed for 485 after August 17 2007 you don't have to pay renewal fees for EAD/AP.
What matters here is when you filed your 485. It does not matter when you applied for EAD/AP as these are based on your 485.
I have a similar question. I filed for my 485 in June 2007. But, did not file for EAD at that time. However, I filed for my EAD in March 2008 with the new filing fee i.e $340. My EAD is up for renewal (it's valid till Jun 12th...but considering the 3 month wait time, I am plannig to file it around 13th of this month ).
Since I have already filed with the new fee structure I am hoping I dont have to pay any fees , right? But, I dont see any instructions to that extent. Can any one please point me to the right link or document?
Regards
As per my understanding, since you filed for 485 before August 17, 2007 you have to pay renewal fees for EAD/AP. ONLY if you have filed for 485 after August 17 2007 you don't have to pay renewal fees for EAD/AP.
What matters here is when you filed your 485. It does not matter when you applied for EAD/AP as these are based on your 485.
baburob2
07-02 10:34 AM
based on my knowledge you could file I-824 (correction to make adjustment of status to CP or viceversa) or you could file for new I-140 opting for Consular processing. You don't have to work till the end of the GC process in US. If the employer is willing to sponsor you GC and upon approval offer you the job described in GC petition(ie at US) then you should be fine. Hence if you employer is ok with that you could move to Canada without any issues and your GC im US will still be ok. AOS(Adjustment of Status) is only possible if you are staying within US and hence if you move to Canada you can't do AOS.
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saimrathi
07-10 03:17 PM
So USCIS will never see the flowers becoz they are boxed.. and they will never get delivered becoz they are being routed from the airport itself. No major news media covered the few deliveries at USCIS.. What was the point of the campaign again?
For those of you who is interested in one line Q/A
"Is the flower campaign working? Yes"
"Are we good enough with what we have done? Not 100%"
What happened
We were at the loading dock by 10 30 am ( Delivery estimate was between 11 am and 1 pm) and DHL appeared to
have already delivered around 50 boxes once around 9 am. All the flowers we sent are boxed . The visuals will
be boxes and not flowers in the evening when the youtube video will be uploaded. UPS delivered nex. We got the
video of the whole delivery and so did the CNN-IBN/Voice of America folks. There were around 30 boxes or so from
UPS. Next Fedex delivered and there were around 10-15 boxes coming out. While we were doing the recording one of the
officers politely told us not to capture federal buildings and we told them that we were only capturing the delivery of
flowers. After this what ever truck was coming in, they were reversing and pushing back into the dock so that the
delivery cannot be taped. CNN-IBN reporter asked for permission to go inside the loading dock and she was promptly
denied any permission. Then We had a down pour for almost 20-30 minutes and we had to leave the place.
It appears that the S&H dept now knows that most of the flowers are being delivered by DHL/UPS/FEDEX, they are taking
care of the diversion at National airport it self.
In the future if any one wants to do a flower campaign, Please select 2 local florists
(only two florists, in that particular city) and have people call and place orders/online. That way
we can talk with 2 florists and track their delivery easily for picture/video. Every one who tried to call
FTD/proflowers had alot of trouble getting any thing out of them. Actually, we cant blame them because they
are not doing it locally,instead they are putting their orders via national carriers.
Where do we go from here
If people really want to go out and get the main stream media attention, DC is the perfect choice. How ever,Don't plan on a weekend. If we do it right, we could be live on TV and the whole country will ask whats going on, along with the law makers. That will offer a platform for solving the issue at its roots.If you really want to do this, Dont come up with reasons like I dont have time off for a day or I have a project due. I can understand if 1 or 2% of our active members say it, but when 98% of our active members say that I can understand what it is. May be its time we figure out whether we prefer anonymity and pontifical verbatim on the online forum to expressing our concern/disappointment openly. Do not get offended and start flaming me. Just my thoughts.
For those of you who is interested in one line Q/A
"Is the flower campaign working? Yes"
"Are we good enough with what we have done? Not 100%"
What happened
We were at the loading dock by 10 30 am ( Delivery estimate was between 11 am and 1 pm) and DHL appeared to
have already delivered around 50 boxes once around 9 am. All the flowers we sent are boxed . The visuals will
be boxes and not flowers in the evening when the youtube video will be uploaded. UPS delivered nex. We got the
video of the whole delivery and so did the CNN-IBN/Voice of America folks. There were around 30 boxes or so from
UPS. Next Fedex delivered and there were around 10-15 boxes coming out. While we were doing the recording one of the
officers politely told us not to capture federal buildings and we told them that we were only capturing the delivery of
flowers. After this what ever truck was coming in, they were reversing and pushing back into the dock so that the
delivery cannot be taped. CNN-IBN reporter asked for permission to go inside the loading dock and she was promptly
denied any permission. Then We had a down pour for almost 20-30 minutes and we had to leave the place.
It appears that the S&H dept now knows that most of the flowers are being delivered by DHL/UPS/FEDEX, they are taking
care of the diversion at National airport it self.
In the future if any one wants to do a flower campaign, Please select 2 local florists
(only two florists, in that particular city) and have people call and place orders/online. That way
we can talk with 2 florists and track their delivery easily for picture/video. Every one who tried to call
FTD/proflowers had alot of trouble getting any thing out of them. Actually, we cant blame them because they
are not doing it locally,instead they are putting their orders via national carriers.
Where do we go from here
If people really want to go out and get the main stream media attention, DC is the perfect choice. How ever,Don't plan on a weekend. If we do it right, we could be live on TV and the whole country will ask whats going on, along with the law makers. That will offer a platform for solving the issue at its roots.If you really want to do this, Dont come up with reasons like I dont have time off for a day or I have a project due. I can understand if 1 or 2% of our active members say it, but when 98% of our active members say that I can understand what it is. May be its time we figure out whether we prefer anonymity and pontifical verbatim on the online forum to expressing our concern/disappointment openly. Do not get offended and start flaming me. Just my thoughts.
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senthil1
05-14 06:07 PM
Actually they did not move purposefully. Demand slowed down for visa numbers because long time the date was not moved. Another point is Companies like TCS,WIPRO are not applying GC and they are the ones using more H1bs. It could move back when demand increases but not so much like 2005. So always waiting time for EB3 will be 3 to 6 years and Eb2 2 to 4 years.
Guys,
The timing of this visa bulletin is suspicious. Right at the nick of time, when the senate is discussing increasing EB quotas, this news comes in. Plus they are saying that there will be forward movement, in the EB cut-off dates in the coming months to rhyme with the current negotatitions in Congress on CIR/ SKIL.
IV should not step behind in their legislation efforts. Even, if visa bulletin dates are current today, they might retrogress later, when the I-485 application starts to process (Current I-485 processing time shows applications processing as of Sept. 10, 2006, which is 8 months before). No one knows, if eight months from now, the cut-off dates will retrogress further or advance, due to the BEC closing out in Sept. 2007 and PERM applications processed from March 2005 onwards.
Guys,
The timing of this visa bulletin is suspicious. Right at the nick of time, when the senate is discussing increasing EB quotas, this news comes in. Plus they are saying that there will be forward movement, in the EB cut-off dates in the coming months to rhyme with the current negotatitions in Congress on CIR/ SKIL.
IV should not step behind in their legislation efforts. Even, if visa bulletin dates are current today, they might retrogress later, when the I-485 application starts to process (Current I-485 processing time shows applications processing as of Sept. 10, 2006, which is 8 months before). No one knows, if eight months from now, the cut-off dates will retrogress further or advance, due to the BEC closing out in Sept. 2007 and PERM applications processed from March 2005 onwards.
more...
aranya
01-15 02:44 PM
Yes, it's indirect deduction.
Thank you; my reading of the law is also the same. However, a few of years ago (post-2001) both inside and outside counsel hired by my company came to a different conclusion. Hence, my parsing of the words.
Thank you; my reading of the law is also the same. However, a few of years ago (post-2001) both inside and outside counsel hired by my company came to a different conclusion. Hence, my parsing of the words.
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ashrock11
01-09 04:39 PM
Thank you.
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01-30 10:34 AM
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vkotval
05-30 08:31 PM
Please help....I am in a little bit precarious situation here...
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
I donot understand what revoking 140 has to do with your new h1-b with company B ? Your new h1-b wit company B will still remain valid.
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
I donot understand what revoking 140 has to do with your new h1-b with company B ? Your new h1-b wit company B will still remain valid.
more...
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h1techSlave
04-09 09:45 PM
In my experience, the best Realtor is the the guy who would stick with you, when some unexpected things happen in the deal. Example: One of my friends purchased a home. After every thing was done, they noticed a major repair costing a couple of $1000. When my friend talked to the seller, the seller simply washed their hands off, saying the deal is over. Then my friend contacted the Realtor and explained the situation. And the Realtor took over and got the repair done by the seller with only a nominal payment from the buyer.
If you buy a home worth 300,000 and if the Realtor gives back 0.5% (typical) or even a 1% that amounts to only $1500-$3000. Not really a very big amount considering the cost of the house.
I would answer this:
The best realtor is the one who can give you some money back from his commission...:)
If you buy a home worth 300,000 and if the Realtor gives back 0.5% (typical) or even a 1% that amounts to only $1500-$3000. Not really a very big amount considering the cost of the house.
I would answer this:
The best realtor is the one who can give you some money back from his commission...:)
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10-28 05:03 PM
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dkupadhyay
11-24 11:59 AM
Thanks for your response.
The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?
The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?
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HV000
03-09 01:49 PM
Can somebody suggest/recommend a good immigration attorney in Chicago for filing G-28 and filing AC21? Thanks!!
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casinoroyale
10-01 10:21 AM
I remember reading in one of the threads here that USCIS computer system automatically generates FP notices if its more than 15 months. By the way, if they don't issue us one, why we do need to ask them using congressmen etc? Is the burden of giving FP every 15 months falls on the applicant?
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desi3933
03-15 02:57 PM
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
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FrankZulu
08-13 11:47 PM
Nothing yet. Once 2nd July is done it should be one or two business days.
bobzibub
01-15 03:47 PM
Here is the form (http://www.dol.gov/esa/forms/whd/WH-4.pdf).
Let us know how it goes.
Cheers,
-b
Let us know how it goes.
Cheers,
-b
a_yaja
02-04 05:09 PM
I guess you should be good with your AP . But also there was a thread about one of the IV'ians AP experience at SFO. Please read that so can understand what AP is for and when it can be used as per the IO at SFO airport
I don't think that having AP you can bypass your criminal record. The officer at the POE will have to make the determination if you are eligible or not. I recently read (I don't have the link to back it up) that a Vietnameese lady well in her 40s who had a green card (she was not a citizen) had a drug possession (it was not even possession with intent to sell) conviction and that the officer at the POE told her that she was inadmissible and that she had to go back from where she came.
The only people who are granted entry without any questions irrespective of anything in their background are US citizens. Everyone else can be refused entry at the POE if found inadmissible.
I am not sure if spouse battery qualifies as a deportable offense. If it does, I would expect that there will be problems at the POE on the way back.
Consult your attorney and see what he/ she says. If domestic battery is a deportable offense, even a green card may not help you.
I don't think that having AP you can bypass your criminal record. The officer at the POE will have to make the determination if you are eligible or not. I recently read (I don't have the link to back it up) that a Vietnameese lady well in her 40s who had a green card (she was not a citizen) had a drug possession (it was not even possession with intent to sell) conviction and that the officer at the POE told her that she was inadmissible and that she had to go back from where she came.
The only people who are granted entry without any questions irrespective of anything in their background are US citizens. Everyone else can be refused entry at the POE if found inadmissible.
I am not sure if spouse battery qualifies as a deportable offense. If it does, I would expect that there will be problems at the POE on the way back.
Consult your attorney and see what he/ she says. If domestic battery is a deportable offense, even a green card may not help you.
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