Sunday, June 19, 2011

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  • jani07
    04-01 06:49 PM
    with persons like this is to ignore them. He not ashamed of his abuse of system. I don't think we owe him answers.





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  • looivy
    11-21 12:28 AM
    Experts, which is a better location for TCN H1 stamping? Nogales or Ciudad Juarez.

    I plan to visit one of these for H1 stamping. Any guidelines you can provide would be very helpful.

    Also, I am getting Nogales at 8 AM but I also need to get a check made from Banamex. Is there a BANAMEX in US that makes the visa check?

    Thanks.





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  • kopguy
    05-12 06:56 PM
    My PD is Sep-03, EB3-India. I left the employer who sponsored me one year after I filled 485 (thanks to July-07 fiasco). I have over 12 years of experience and was wondering if it was possible to port to EB-2 without having to file for new labor by just refilling I-140.

    Thanks





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  • jcrajput
    06-18 03:12 PM
    Thank you all for your quick responses.
    I will travel with my wife and 7 years old son. Is there any nice place to stay near embassy? Also, Can I get my passport back on the same day or I need to collect next day after stamping?

    Thanks.



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  • krishnam70
    02-20 07:55 PM
    Members,

    I need some help to act in right direction.

    In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.

    1) What is her current status H1B or H4?
    2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
    3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
    4) What are the options to get her back on H4. I have to file my extension in sept-2009.

    Feedbacks, as highly appreciated.

    ~cheers

    You need to apply H4 for her and immediately ask her to move to that status. She is already out of status 'technically' as she is supposed to be working/or get paid even if she is not working.. Unless she has pay stubs from her employer from the time her H1 was done she is not in 'status'. Once you move to H-1 the only way is to file for change of status using the appropriate petition. She will not move in to H-4 automatically. I think you need to file H-4 petition for your wife immediately.

    Consult your attorney immediately and do the needful

    good luck
    kris





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  • abhijitp
    10-30 05:35 PM
    If it is the first time, they might ask for a birth certificate

    We got a new SSN for my wife after we got her EAD in the mail. They did not ask for the birth certificate. They only needed a valid id (such as passport/ driving license) + the EAD card + completed application form. We got the SSN card in less than 10 days, but I think this depends on where you are. If it helps, we were told 10 days, and we actually got it in 10 days.



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  • logiclife
    06-09 11:06 AM
    Uptill 2001/2002 H1B transfer/extensions used to take 15 days to 1 month. Now they take anywhere between 4-8 months. You'll see once the premium I-140 comes into being. The regular I-140 will take forever. Premium processings have implications on regular processing. Basically they are discouraging people to file in regular queue.

    I disagree. The introduction of premium processing didnt slow regular H1B transfer down. H1B transfer was slow even before premium processing existed.
    It also depends on traffic. Some years, when H1 quota was 195K, obviously the number would slow people down.





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  • knowDOL
    07-27 11:05 AM
    If GC is not your priority and you are ready to pay money every year to your attorney you can leave your company in the middle of all this. If I were you, even if I am not from India or China I would not have left a company that has a PD of 2002.

    After I140 approval your PD is locked and you can apply for H1B transfer along with 3 year extension and you can file I485 with your 2002 PD. Even though you are not from China or India noone is sure that EB2 world will be current throughout the 2007 fiscal year. So, one step at a time. Cool down and go slow.


    Dear all

    First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)

    Sorry i confused u all...here are my GC Filling details:

    LC State: NJ
    LC Category: EB2
    LC PD: 24 SEP 02
    I-140 FD: 15 JUNE 06
    I-140 RD: 16 JUNE 06
    I-140 LUD: 03 JULY 06
    I-140 Receipt# : LIN-06-191-XXXXX
    I-140 AD (If any): Still waiting!!!
    Concurrent filing: NO


    So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.

    I guess the best option for me is to

    ** wait till my get my I140 approves,
    ** get my H1B extended for another 3 years (instead of 1 stupid year),
    ** Wait for at least 180 days

    then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???

    More suggestions and opinions??? :o


    Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.

    Pls advise

    Sky



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  • pappu
    09-18 10:37 AM
    Healthcare reforms and their covering of "illegal aliens" in question.

    Both are non-issue in this forum!

    Both Healthcare reform and undocumented in question are issues that affect everyone on this forum. The healthcare bill is also important before CIR happens. The posts by blogfeeds are very helpful if you wish to know what is happening around you that affect your immigration issue and what others who work in the immigration area think.

    People need to stop thinking narrowly about their EB3I PDs and visa bulletins only. If we wish to do advocacy effort, a good understanding of politics, current events that affect immigration reform is very important. Our community needs to read more about the political process, how to do advocacy efforts more than discussing EB2vsEB3 fights, tracking or sending junk emails to lawmakers. It only shows our ignorance of American political process.If we do any effort without understanding the political process, it will do us more harm than good.





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  • ca_immigrant
    01-20 07:43 PM
    anyone on this ?

    I too have to go in India....in June....

    in case I am not green by then I too have to get the H1 stamped...and anything to expidite the satmping will help...

    Thanks to OP for posting this !



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  • krishnam70
    03-26 12:28 AM
    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. --> what does your H1 LCA say?
    My 485 was filed way back in Sep 2004. OK
    My 140 was approved way back in Nov 2004. GOOD
    I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here

    2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
    2005 W2 – shows 57,000$/yrsame as above
    2006 W2 – shows 50,000$/yrsame as above
    2007 W2 – shows 58,000$/yrsame as above
    2008 W2 – shows 67,000$/yrsame as above

    Never changed employers nor job titles. good

    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. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine

    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? same as above, GC is future job you will be fine

    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.only USCIS can tell

    Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney

    Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.

    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? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.

    Thanks.

    - cheers
    kris





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  • cooldude
    08-03 10:32 PM
    What about I-131. That is 7/1/2007. Its confusing



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  • vijse
    12-16 11:58 AM
    I got it correct yesterday .
    Thanks for the advice.





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  • mlkedave
    03-07 08:05 AM
    o, i didn't realize the order, i feel pretty stupid...



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  • gcformeornot
    12-31 02:22 PM
    friends... its not going to affect IV agenda.... no law makers are working these days... we will try hard when they come back...... meanwhile few more clicks will secure your vote.... please do so.........





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  • go_guy123
    09-06 11:31 PM
    My company lawyers have been preparing for the last 5 months to file for my PERM application. After completing the recruitment stage and getting ready to file, they for some reason have come to the conclusion that the high number of resumes received could land the company in trouble for this case plus future applications.

    Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?

    Any comments/ assistance would be most appreciated.

    Thanks

    Your comany is doing it right. If there are qualified US applicants, how can they claim that
    they didnt find a local candidate. What will they do if they get audited. Nowdays USCIS/DOL is auditing massively.

    Unfortunately EB green card is a employer driven process and there is nothing you can do about it. US immigration system treats skilled immigration as lowest of the lowest priority.



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  • markelli
    02-26 11:34 PM
    Anysia,

    Hi! Do you think this rule will apply if you were to apply for H1-B extension? I'm a PT too and my H1 will expire in October. My I-140 petition was filed last December and was approved this February. So I was wondering if USCIS uses the same standard for H1-B and I-140s. Which service center did you apply to? I'm really scared of what's happening. I hope that you get thru this....





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  • casinoroyale
    08-22 09:47 AM
    Bumping so that this thread can get traction. Looks like mostly GC related traffic comes to IV.





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  • chanduv23
    10-02 10:08 AM
    ^^^^^^^^^^^^





    akhilmahajan
    04-23 09:00 AM
    I have the approval from DOL which my company sent with me, and also the Receipt of I140 which they got after my I140 was filed.

    I was just curious, where it can be found, under which category my GC is being processed.

    As you said the DOL web site, can you tell me what the url will be, and where to look at.

    I will really appreciate that.

    Thanks.





    rb_248
    10-16 08:05 PM
    I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.

    Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.

    Good luck.



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