mrajatish
05-21 12:34 PM
How about making sure individuals do not get the original PD when they use labor substitution. This will stop illegal labor trade and help a lot of us.
An USCIS memo in mid 1990's had this:
The memo (priority dates retrogression) of Mr. Rajiv S.Khanna states that beneficiary of substituted labor certificate would get the same priority date.
I was just searching uscis.gov and I found this very interesting !
Now the question is: Who is wright?
Check this out!
d) Priority date. * * * If the United States employer substitutes another alien on a labor certification, the priority date shall be the date the employer requests the substitution.
" The Service has concluded that it is unfair to other aliens who seek to immigrate to the United States on employment-based petitions if the substituted alien gains the priority date of the original alien beneficiary, since those aliens would receive a later priority date than a substituted alien. Currently, in certain employment-based immigrant categories, such as the third preference "other worker" category, an alien who benefits from a labor certification substitution can immigrate ahead of another alien who has been waiting for an immigrant visa for several years. Not only would allowing substituted aliens to receive the earlier priority date be unfair to other intending immigrants, it would also be contrary to the Service's policy of assigning a priority date to the alien rather than to the employer (see 8 CFR 204.5(e)).
Providing a priority date based on an employer's substitution of a labor certification beneficiary also carries the potential for fraud and abuse. Continuing this practice may encourage the creation of a market for labor certifications, particularly in categories in which there is a lengthy wait to receive an immigrant visa. For instance, it is conceivable that the original alien beneficiary might be induced to engage in the fraudulent practice of selling his or her status as a labor certification beneficiary to a substituted alien.
The Service, therefore, proposes to set the priority date for an alien who has been substituted for another alien on a labor certification as the date the employer requested the substitution. This proposed rule will be fair to other aliens who apply under employment-based immigrant categories, and would be consistent with the Service's policy of according a priority date to the alien rather than to the employer, thereby eliminating an inducement to commit fraud.
An USCIS memo in mid 1990's had this:
The memo (priority dates retrogression) of Mr. Rajiv S.Khanna states that beneficiary of substituted labor certificate would get the same priority date.
I was just searching uscis.gov and I found this very interesting !
Now the question is: Who is wright?
Check this out!
d) Priority date. * * * If the United States employer substitutes another alien on a labor certification, the priority date shall be the date the employer requests the substitution.
" The Service has concluded that it is unfair to other aliens who seek to immigrate to the United States on employment-based petitions if the substituted alien gains the priority date of the original alien beneficiary, since those aliens would receive a later priority date than a substituted alien. Currently, in certain employment-based immigrant categories, such as the third preference "other worker" category, an alien who benefits from a labor certification substitution can immigrate ahead of another alien who has been waiting for an immigrant visa for several years. Not only would allowing substituted aliens to receive the earlier priority date be unfair to other intending immigrants, it would also be contrary to the Service's policy of assigning a priority date to the alien rather than to the employer (see 8 CFR 204.5(e)).
Providing a priority date based on an employer's substitution of a labor certification beneficiary also carries the potential for fraud and abuse. Continuing this practice may encourage the creation of a market for labor certifications, particularly in categories in which there is a lengthy wait to receive an immigrant visa. For instance, it is conceivable that the original alien beneficiary might be induced to engage in the fraudulent practice of selling his or her status as a labor certification beneficiary to a substituted alien.
The Service, therefore, proposes to set the priority date for an alien who has been substituted for another alien on a labor certification as the date the employer requested the substitution. This proposed rule will be fair to other aliens who apply under employment-based immigrant categories, and would be consistent with the Service's policy of according a priority date to the alien rather than to the employer, thereby eliminating an inducement to commit fraud.
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lostinbeta
09-05 10:13 PM
Nice new footer too dan. I likes.....
nashim
05-19 11:53 AM
Hi,
Can some body please let me know exactly what documents need to be send after e-filing for EAD renewal.
Following points are mentioned in the e-filing confirmation Receipts:
1) DO attached one copy of this Confirmation Receipts
2) DO keep the extra copy of confirmation receipt for your record.
3) DO NOT send a copy of your e- filing application
4) DO NOT include any applications or fee
5) DO NOT mail photos or copies of identification
I did NOT find any where like we need to send, passport copy, drive license copy, photo.
Can some body please let me know exactly what documents need to be send after e-filing for EAD renewal.
Following points are mentioned in the e-filing confirmation Receipts:
1) DO attached one copy of this Confirmation Receipts
2) DO keep the extra copy of confirmation receipt for your record.
3) DO NOT send a copy of your e- filing application
4) DO NOT include any applications or fee
5) DO NOT mail photos or copies of identification
I did NOT find any where like we need to send, passport copy, drive license copy, photo.
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AB1275
12-13 12:09 AM
At what stage of the green card process should I be in to be eligible for my H1 to be extended after my 6th year?
Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.
I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.
Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.
I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.
more...
martinvisalaw
06-29 05:14 PM
Hi Martin,
Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.
If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.
I think you'll find the answer in the FAQs on my website. I say there:
"You can travel while the extension is pending, however there could be some complications if you return on an old, unexpired, visa after the extension has been approved. If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
If you travel before your visa has expired, and you have an extension approval, you should show both the old, unexpired, visa and the extension approval, to the immigration officer and you should get the extension end date on your new I-94."
Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.
If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.
I think you'll find the answer in the FAQs on my website. I say there:
"You can travel while the extension is pending, however there could be some complications if you return on an old, unexpired, visa after the extension has been approved. If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
If you travel before your visa has expired, and you have an extension approval, you should show both the old, unexpired, visa and the extension approval, to the immigration officer and you should get the extension end date on your new I-94."
serg
05-18 09:32 PM
The title means ... You r right, not only Indian, but Chineese, Russians and all others ... but title is "Indian immigrants .... " :(
more...
h1b_tristate
07-27 11:22 PM
^
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JunRN
12-17 03:49 PM
New job must match the LC...that's the trick. If it doesn't, it will get rejected and potentially, GC denied.
Career progression from Junior Programmer to Senior Programmer is possible. But to manager with less technical stuff and more management stuff, then it might get rejected because of huge difference from LC.
Always remember, get a job that is according to your LC because that is the one certified.
Career progression from Junior Programmer to Senior Programmer is possible. But to manager with less technical stuff and more management stuff, then it might get rejected because of huge difference from LC.
Always remember, get a job that is according to your LC because that is the one certified.
more...
monicasgupta
12-31 10:32 AM
Dear friends,
My h1 is valid till Dec 2009. H1 stamping is expired in passport in Oct 2007.
My AP is approved. I am planning to travel in Jan 2008. Can I us AP to reenter in Feb 2008 and continue working on H1 or do I have to use EAD to work?
Thanks
MOnica
My h1 is valid till Dec 2009. H1 stamping is expired in passport in Oct 2007.
My AP is approved. I am planning to travel in Jan 2008. Can I us AP to reenter in Feb 2008 and continue working on H1 or do I have to use EAD to work?
Thanks
MOnica
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rameshvaid
05-26 04:59 PM
I was in the same situation last month. I live in minnesota had 485 receipt from july 2007, EAD for myself but no EAD for wife, so i wished the 485 will do. DMV said the same crap that since 485 has no expiration date, they only accept 485 that is not older than 6 months old (with the wild assumption that any 485 is approved or denied within 6 months). I got infopass appointment with USCIS, got letter that my case is still pending, and they laughed in DMV saying they know my case is still pending, they have some kind of access to USCIS database. After a lot of arguing and going up to managers in DMV, they agreed to give me and wife 6 months driving license and told me you have to find another immigration document next time (meaning apply for EAD for urself and wife)
Sorry if this does not help you much.
My son and wife too had EAD's expiring in Aug, 2010.. Had no option but to get the DL for three months and applied for another renewal of EAD's.. What a crap..$ after $.. Did the letter from USCIS you got after infopass help or not??
Sorry if this does not help you much.
My son and wife too had EAD's expiring in Aug, 2010.. Had no option but to get the DL for three months and applied for another renewal of EAD's.. What a crap..$ after $.. Did the letter from USCIS you got after infopass help or not??
more...
fromnaija
07-20 11:24 AM
File for her as CP. Whenever she is ready to move here have her get an H4 visa and then change CP to AOS when she gets here.
Caveat: I am not an attorney so ask your lawyer if this is a feasible option.
Caveat: I am not an attorney so ask your lawyer if this is a feasible option.
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tikka
08-10 11:00 AM
bump
any CT members coming along with you.. ?
any CT members coming along with you.. ?
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indigokiwi
04-15 12:06 PM
Thanks coolngood4u80 and Shanmugnathan ....these are great ideas..can you also please post the Facebook link to 485 filing campaign on this thread??
Here is the Facebook link (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)
(Or search for "Immigration Voice Grassroots Campaigns and the community
will show up on the search list).
Here is the Facebook link (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)
(Or search for "Immigration Voice Grassroots Campaigns and the community
will show up on the search list).
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gxtrader
08-16 05:21 PM
Please?
Kindly inform your friend that uscis is just accepting application for skilled workers at the moment.
Kindly inform your friend that uscis is just accepting application for skilled workers at the moment.
more...
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saketkapur
10-11 01:00 PM
I would suggest you talk to a good immigration attorney or post your query in "Ask the Lawyer Section".
Just some clarification....so you still have a valid H1B until 2012, I would suggest that you should apply for EAD/AP asap and start using the same rather than just depend on H1B...if that is possible.....
PS:I am not an attorney so this suggestion should not be considered legal advice...every case is different.......talk to an immigration attorney
Just some clarification....so you still have a valid H1B until 2012, I would suggest that you should apply for EAD/AP asap and start using the same rather than just depend on H1B...if that is possible.....
PS:I am not an attorney so this suggestion should not be considered legal advice...every case is different.......talk to an immigration attorney
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mrsr
07-17 05:47 PM
Murthy is big time crap
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485Mbe4001
11-03 06:34 PM
short answer Nope
a) because immigration is not high on Obama's agenda.
b) the economic downturn will be used by the the anti's to thwart any measure to help us
c) We are still very low on everyone's plate, democrats will want to get the illegals and all will use us as a pawn.
d) The trend is that the right will become hard right and left will become hard left...wait and watch.
the guys who will post bad comments, please remember that i had posted something similar when the democrats got majority and we have multiple threads singing the lords praise and showering flowers. It will be politics as usual.
We need lots of active members to make ONE strong case and keep hammering away at the lawmakers, instead we get a daily dose of self motivated threads which divide the already small group into smaller groups ((petitions, cases, class actions, EB3 Vs EB2, masters Vs 'grand'Masters etc:rolleyes:) .
Do you guys think this 2008 election will have any impact on the immigration process?
a) because immigration is not high on Obama's agenda.
b) the economic downturn will be used by the the anti's to thwart any measure to help us
c) We are still very low on everyone's plate, democrats will want to get the illegals and all will use us as a pawn.
d) The trend is that the right will become hard right and left will become hard left...wait and watch.
the guys who will post bad comments, please remember that i had posted something similar when the democrats got majority and we have multiple threads singing the lords praise and showering flowers. It will be politics as usual.
We need lots of active members to make ONE strong case and keep hammering away at the lawmakers, instead we get a daily dose of self motivated threads which divide the already small group into smaller groups ((petitions, cases, class actions, EB3 Vs EB2, masters Vs 'grand'Masters etc:rolleyes:) .
Do you guys think this 2008 election will have any impact on the immigration process?
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vvr
12-18 08:57 PM
Pls. send your feedback to letters@mercurynews.com.
I called them today and cancelled my subscription today after 3 yrs of continued subscription. It's very ironic of mercury news to publish a one sided article against immigrants given their subscriber base.
I called them today and cancelled my subscription today after 3 yrs of continued subscription. It's very ironic of mercury news to publish a one sided article against immigrants given their subscriber base.
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av2307
09-03 03:18 PM
By the way - harrdr , I'm exactly in the same situation - PD May '08 , I-140 approved and i have a very enticing full time offer from a Major financial firm. But i don't want to jeopardize my chances to get a GC in the next couple of yrs ( given that EB2 dates have moved forward substantially last month).
Please keep me in loop in case you find anything else about the situation. I'll do the same.
TIA
-A
Please keep me in loop in case you find anything else about the situation. I'll do the same.
TIA
-A
glus
01-24 09:13 AM
Thks for the response, but what I read on other sites for e.g murthydot.com and some other site in the Internet it is used even for situations where one did not realised their I-94 has expired and thought its not an issue, also for example such as employer forgot to file and its not application mistake as he was not aware about employers miss and etc. So based on a approved LCA one can get H1 approved and even get the unauthorized employment convert it into a valid employment for any period (based on conditions). I'll do more research on this and update this thread.
Meanwhile anyone with any other opinion is welcome here. Thks all
hi there:
One can only work for an H-1B employer for whom H1b petition is approved and is valid. By working for a different employer without filing a transfer of H-1b to the new employer, one falls out of status. Going back to the original employer A would not put such a person back into legal h-1b status at all. Consult an attorney to review your options. However, staying in the U.S. even if you go back to your original employer A, will not repair your out-of-status problem and most likely will count toward being illegally here. The odds are high that the USCIS will notice this sooner or later and you may have a big problem then. Since your visa stamp is till unexpired (I am not sure if it is still valid, even if it is still unexpired), maybe re-entering the U.S. and working for employer A would help, but still you should consult a good immigration attorney to see if that would be OK.
Best Regards,
Meanwhile anyone with any other opinion is welcome here. Thks all
hi there:
One can only work for an H-1B employer for whom H1b petition is approved and is valid. By working for a different employer without filing a transfer of H-1b to the new employer, one falls out of status. Going back to the original employer A would not put such a person back into legal h-1b status at all. Consult an attorney to review your options. However, staying in the U.S. even if you go back to your original employer A, will not repair your out-of-status problem and most likely will count toward being illegally here. The odds are high that the USCIS will notice this sooner or later and you may have a big problem then. Since your visa stamp is till unexpired (I am not sure if it is still valid, even if it is still unexpired), maybe re-entering the U.S. and working for employer A would help, but still you should consult a good immigration attorney to see if that would be OK.
Best Regards,
LONGGCQUE
12-28 04:41 PM
glad it worked for you and thanks for sharing as it may help one of us someday.