veni001
02-03 10:24 AM
Just curious. Who's the author/source of that article that you provided the link for? :)
I don't know! but if you think sth is not right in that article we can discuss.
I don't know! but if you think sth is not right in that article we can discuss.
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cinqsit
10-09 05:36 PM
I had filed labor in June 2008 and as per the attorney they havent received any update from DOL. I had requested my employer/attorney to atleast send a screenshot of my status and they say cases that old are hard to pull up on DOL website. Is it really that hard with DOL to login and see the status as compared to USCIS? For my comfort I requested them to send me a screenshot and I am getting stiffed even on that! Can you please answer if attorneys can login to DOL and see the status of any PERM applicant? In this age of electronic media a department as big as DOL doesnt even provide updates to applicants/firms to view their statuses?
Thanks in advance!
you can search for cases filed using start and end date - its nothing fancy or interesting as you might have imagined - if your employer is indeed saying that its hard to pull old cases - its total BS -- either they dont want you to worry or they dont want to divulge your case number
Thanks in advance!
you can search for cases filed using start and end date - its nothing fancy or interesting as you might have imagined - if your employer is indeed saying that its hard to pull old cases - its total BS -- either they dont want you to worry or they dont want to divulge your case number
sweet_jungle
10-23 01:06 AM
I am sorry, I dont know the answer to your question.
But on the other hand, your friend, his hot shot MBA job...is it in Wall Street? involving bundling mortgage based assets & leveraged options on those?
nope, it is outside wall street.
But on the other hand, your friend, his hot shot MBA job...is it in Wall Street? involving bundling mortgage based assets & leveraged options on those?
nope, it is outside wall street.
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eb3retro
12-17 01:36 PM
my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
thanks for the answers in advaced
for gods sake, pls put proper heading for new threads.
1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
thanks for the answers in advaced
for gods sake, pls put proper heading for new threads.
more...
LostInGCProcess
01-16 10:20 AM
It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.
In a way you are right but not entirely. It is the responsibility of the sponsoring company (that filed H1 for the person) to pay while he/she is employed with the company. Its does not matter whether he/she has a client project or not. So, as long as the sponsoring company say they are going to pay him he/she is legal.
I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.
In a way you are right but not entirely. It is the responsibility of the sponsoring company (that filed H1 for the person) to pay while he/she is employed with the company. Its does not matter whether he/she has a client project or not. So, as long as the sponsoring company say they are going to pay him he/she is legal.
gc_chahiye
10-17 03:32 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
more...
kurtz_wolfgang
08-23 09:02 AM
First of all Congratulations, ConchShell.
:):)
Did you get soft LUD on your 485 or 140? Since I received a soft lud on 485. NSC
:):)
Did you get soft LUD on your 485 or 140? Since I received a soft lud on 485. NSC
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kondur_007
04-17 05:49 PM
they will not "do away" with comprehensive..... if it fails this year they will bring it up again next year and next..... there is no room for piecemeal...... if there were.... they would do it after cir failed in 2006, but they didn't..... they could do after cir failed in 2007, but again they didn't...... or they could do piecemeal in 2008, 9 or 10..... the fact they didn't .... it just tells us that we ought to learn something here..... there is nothing called piecemeal & there will never be anything called piecemeal in this leg of immigration reform, other than our own fantasy world.... so get over it...... there is only 1 way to do it.... cir
lets start the undocumented bashing party now......
I would agree with you on this. However, a failed attempt is better than no attempt.
Problem is, politically we (legal immigrants) have no leverage and so only thing we can count on is to piggyback our agenda into CIR; whether we like or not like undocumented is a "secondary issue". Only potential damage that could occur to legal immigration (from CIR) is chocking up the system; and therefore, we have to include that in our efforts else legal immigration will be a history for about a century.
Legislative relief is the only possible relief for EB3 India; else people who are already waiting for almost a decade will have another decade of wait; simply rediculous.
lets start the undocumented bashing party now......
I would agree with you on this. However, a failed attempt is better than no attempt.
Problem is, politically we (legal immigrants) have no leverage and so only thing we can count on is to piggyback our agenda into CIR; whether we like or not like undocumented is a "secondary issue". Only potential damage that could occur to legal immigration (from CIR) is chocking up the system; and therefore, we have to include that in our efforts else legal immigration will be a history for about a century.
Legislative relief is the only possible relief for EB3 India; else people who are already waiting for almost a decade will have another decade of wait; simply rediculous.
more...
CADude
07-31 10:03 PM
No Proof will work, if you receive packet after 17th Aug. So hope for best or will file on oct again :)
Dear All,
Today, one of my Friend’s I-485 got returned from Mail room due to Filing fee missing.
He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.
He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?
What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.
Dear All,
Today, one of my Friend’s I-485 got returned from Mail room due to Filing fee missing.
He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.
He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?
What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.
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abracadabra
06-02 04:46 PM
E-Filing Support <e-filing.support@dhs.gov> send email, you should get it very fast
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satyasaich
12-05 05:38 PM
Since lot of baby boomers are set to retire, any thing can happen.
Someday they (means all of the anti - immgt minds, lou doggs, ron hiras etc) have to admit the reality that this country needs skilled workers and justice is delayed for employment based immgiration
I know the fact for some years that there are so many IT consulting jobs begging to be filled, but never. Because there is a restriction that only citizens are allowed to apply for those. Where i live in US, i see boeing and Northrup Grummen ads for years, same repeating and begging for "citizens" to apply but never gets applicants.
I bet they won't let a VB programmer in!!!
Someday they (means all of the anti - immgt minds, lou doggs, ron hiras etc) have to admit the reality that this country needs skilled workers and justice is delayed for employment based immgiration
I know the fact for some years that there are so many IT consulting jobs begging to be filled, but never. Because there is a restriction that only citizens are allowed to apply for those. Where i live in US, i see boeing and Northrup Grummen ads for years, same repeating and begging for "citizens" to apply but never gets applicants.
I bet they won't let a VB programmer in!!!
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gcobsessed
10-23 02:36 PM
Employment based GC is based on intent to work for sponsoring employer or similar profession. For most of us, who are retrogressed, we would have worked with sponsoring employer already for 4 to 5 years. the main issue here is whether sufficient intent existed at the time of filing 140 and 485. after having been in 485 filed status for long, it is natural for intent to change.
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
so, i do not see why full time MBA with 485 pending is an issue. the laws are quite unclear, for sure.
My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
The regulations do seem clear on what kind of work one must take up immediately after GC is approved. But, how it is enforced and the consequences of not abiding by it are open to debate. It depends on the person's risk tolerance profile to act as he chooses...who knows what will happen 5+ years from now...
more...
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h1techSlave
10-04 12:42 PM
I am having some trouble understanding it. In 2010, they have only allocated 2400 visas to China EB3? That is a wastage of 3300-2400 = 900 visas ??
Here is a file for Chinese EB3 visa usage and WW EB3 visa usage from the same source. Again, same disclosure as my previous post :-). Thanks.
Here is a file for Chinese EB3 visa usage and WW EB3 visa usage from the same source. Again, same disclosure as my previous post :-). Thanks.
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satishku_2000
07-27 11:49 AM
I left it blank and specifically asked my attorney if i can leave it blank , he said its ok .
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desi3933
02-18 01:43 PM
Well, thanks all for your responses, but I am as cfused as I was before I posted the question. Do any of you have any sources to back your claims. I know for sure that worldwide income has to be reported, so thanks for that clarification desi3933. But do you have a source that mentions that a person on H4 can for sure work outside. Many thanksa again guys. All your help is appreciated.
I just checked and earlier info was incorrect. Please accept my apologies for providing incorrect info.
It is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H4 status holders can only do voluntary work.
_____________________
Not a legal advice.
US citizen of Indian origin
I just checked and earlier info was incorrect. Please accept my apologies for providing incorrect info.
It is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H4 status holders can only do voluntary work.
_____________________
Not a legal advice.
US citizen of Indian origin
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somegchuh
11-02 11:20 AM
What's with the attitude? Did I say that I am filing these on my own?
Anyway, I am just trying to do some legwork to find out the required documentation so that I know that my lawyer is doing. If you enough grey matter and have been thru the immigration process you will know that lawyers can screw up and it is in your best interest to cross check with people who have done this.
Are you sure you want to do it on your own? If it was that easy, everybody would do it. Considering all the potential pitfalls, it just puzzles me why somebody would go for such a process on their own.
What are you trying to achieve? Save some bucks or show that you are smarter than other people? Even to save a lot of bucks, I don't see how I would do it without a reputed attorney.
Yes they are expensive, but there is a good reason for it: you are buying their expertise. Don't you think that it is worth it?
Anyway, that's just me...Good luck to you.
Anyway, I am just trying to do some legwork to find out the required documentation so that I know that my lawyer is doing. If you enough grey matter and have been thru the immigration process you will know that lawyers can screw up and it is in your best interest to cross check with people who have done this.
Are you sure you want to do it on your own? If it was that easy, everybody would do it. Considering all the potential pitfalls, it just puzzles me why somebody would go for such a process on their own.
What are you trying to achieve? Save some bucks or show that you are smarter than other people? Even to save a lot of bucks, I don't see how I would do it without a reputed attorney.
Yes they are expensive, but there is a good reason for it: you are buying their expertise. Don't you think that it is worth it?
Anyway, that's just me...Good luck to you.
more...
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nogc_noproblem
04-09 04:50 PM
1. Supporting Letter
2. Employment Verification Letter from New Employer
3 Copies of the Pay stubs from new employer
4. Relevant portions of AC21
5. Memo on August 4 th 2003 from William R Yates
6. Copy of I-485 filing receipt notice for your name
7. Copy of I-140 approval notice.
8. Copy of I-485 filing receipt notice for your dependants (if any)
Hi Gurus,
I have got a new job and the company is asking me to work on EAD. Could anyone please tell me how to use AC21. do i need to fill any forms and is there any approval process involved ?
2. Employment Verification Letter from New Employer
3 Copies of the Pay stubs from new employer
4. Relevant portions of AC21
5. Memo on August 4 th 2003 from William R Yates
6. Copy of I-485 filing receipt notice for your name
7. Copy of I-140 approval notice.
8. Copy of I-485 filing receipt notice for your dependants (if any)
Hi Gurus,
I have got a new job and the company is asking me to work on EAD. Could anyone please tell me how to use AC21. do i need to fill any forms and is there any approval process involved ?
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glores1970
09-22 08:25 AM
Hello,
Anybody has information to offer for such a case ?
Thanks.
Anybody has information to offer for such a case ?
Thanks.
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vxb2004
07-23 06:50 PM
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
It means if you have aa approved I-140 and your priority date is not current (Which will be after August 17th), you will qualify for 3 year extension of H1B. Hope this helps.
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
It means if you have aa approved I-140 and your priority date is not current (Which will be after August 17th), you will qualify for 3 year extension of H1B. Hope this helps.
GCwaitforever
04-12 12:31 AM
Why not use people who already agreed to volunteer before by looking at their profiles?
gcForV
07-12 10:57 AM
As other mentioned sending a certified letter to all senators/congress would be a good idea.
sending them all in a 2-3 days span would be good.
sending them all in a 2-3 days span would be good.
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