CaveMan232
10-22 12:28 AM
The future appears bleak and depressing considering the recent FOIA numbers which put EB3 GC wait times at approximately 8-10 years. Is there no hope at all? :(
ragnarok
07-19 08:05 PM
Sorry, but I am very confused about this.
My family is from S. Korea.
My family is trying to obtain a green card.
Case is Employment Based.
Case Type: Application to adjust to permanent resident status
"Adjustment as direct beneficiary of immigrant petition"
I looked over the papers and the priority date on the sheets is blank.
If you need more information, please ask me.
Thank you.
My family is from S. Korea.
My family is trying to obtain a green card.
Case is Employment Based.
Case Type: Application to adjust to permanent resident status
"Adjustment as direct beneficiary of immigrant petition"
I looked over the papers and the priority date on the sheets is blank.
If you need more information, please ask me.
Thank you.
sayantan76
09-24 11:39 AM
Guys, HR 5882 is having Total recapture of 550,000 visas (Employment Based + Family Based) . We all were hoping that this bill would pass, but it did not pass in Judiciary Committee so far. Probably because of opposition from some lawmakers, may be group of some people due to current state of Economy.
But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
"WE" do not decide what to keep and what to drop from bills - Elected representatives of US citizens do!
All we can do (either directly or through paid lobbyists) is suggest some common-sensical options and appeal to reasonableness of the elected representatives - at the end of the day - they would listen to current voters or go by what would and would not sit well with their current voters
But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
"WE" do not decide what to keep and what to drop from bills - Elected representatives of US citizens do!
All we can do (either directly or through paid lobbyists) is suggest some common-sensical options and appeal to reasonableness of the elected representatives - at the end of the day - they would listen to current voters or go by what would and would not sit well with their current voters
purgan
04-26 02:52 PM
vikki76 may have gone a little overboard with the salary statement, but the rest is true....there is simply more information stored in govt databases for a foreign national, hence more rigorous screening is possible
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saibaba
12-05 12:03 PM
It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.
thank you
After carefully reviwing the approved 140 ,I found this DOL/ETA case number D-XXXXX-XXXXX (don know whether I can post this number here) in my approved 140 petition under "Additional Information the petitioner" column...but this particular column has info abt my employer who filed my GC and i'm not sure wther it is the same as my GC labor code...
is this the number u r referring to?
thank you
After carefully reviwing the approved 140 ,I found this DOL/ETA case number D-XXXXX-XXXXX (don know whether I can post this number here) in my approved 140 petition under "Additional Information the petitioner" column...but this particular column has info abt my employer who filed my GC and i'm not sure wther it is the same as my GC labor code...
is this the number u r referring to?
Robert Kumar
10-20 09:57 PM
does anyone know delasoft inc. from chicago? do they delay payments or any other issues with this (prospective) employer?
in my case my company used to send by mail, but they stopped 6 months back, and gave us all access to print our own from payroll provider's site, and also W2s can be printed,.
in my case my company used to send by mail, but they stopped 6 months back, and gave us all access to print our own from payroll provider's site, and also W2s can be printed,.
more...
desi485
01-08 01:20 PM
If you have the case no. go to online case status and take the print out of approved notice, that should serve you purpose hopefully if you don�t have a original copy
I do have case number for I-140
I also took printout of online approval status using the case status number.
But what about labor cert?
I have no idea what was filed for me? job description or salary req.???
All this time I was thinking I am ready for AC21 if needed, but if above is true, I am in trouble. (so many others have same issue)
why we need photocopies? WHY USCIS expects us to have those? They are considered employer documents and most established employers do not share them with employees?
Any one has any idea? Any links? Any official link which states that we do need to have photocopies?
I do have case number for I-140
I also took printout of online approval status using the case status number.
But what about labor cert?
I have no idea what was filed for me? job description or salary req.???
All this time I was thinking I am ready for AC21 if needed, but if above is true, I am in trouble. (so many others have same issue)
why we need photocopies? WHY USCIS expects us to have those? They are considered employer documents and most established employers do not share them with employees?
Any one has any idea? Any links? Any official link which states that we do need to have photocopies?
Desertfox
05-20 03:32 AM
Few years ago I evaluated my 3-year engineering diploma from ECE to transfer some credits toward a bachelors degree at Arizona State University. It was evaluated as 10+2+1, and it clearly said that the US equivalency was High School Diploma with One Year of Undergraduate study. So it was not even equivalent to an Associates degree. However, I never had a H-1B visa and neither I work in IT, so I never had to run it through USCIS.
more...
Ramba
05-04 02:04 PM
:) when you are in India, you are NOT on H1B status.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
summitpointe
09-21 06:44 AM
One more question:
When we create a application can we add any member with in the same group. My friend and myself are planning to visit India during the same time. We both are in 8th year extension and work for different companies. Both of us have to get VISA stamped. Can we create in the same application(ofcourse we need to create new application for each one after you create for one person) so that when we want to change dates like prepone or postpone it will be easy for us to modify the appointment date in one click. As dates keep changing every day/hour it will be easy for any one of us to monitor the available dates and change. We can change the dates only once and if we want do it again we need to cancel the appt and create a new one.
When we create a application can we add any member with in the same group. My friend and myself are planning to visit India during the same time. We both are in 8th year extension and work for different companies. Both of us have to get VISA stamped. Can we create in the same application(ofcourse we need to create new application for each one after you create for one person) so that when we want to change dates like prepone or postpone it will be easy for us to modify the appointment date in one click. As dates keep changing every day/hour it will be easy for any one of us to monitor the available dates and change. We can change the dates only once and if we want do it again we need to cancel the appt and create a new one.
more...
kriskris
04-07 05:07 PM
Thanks for sharing. Some good news in these times.
yganreddy
09-16 12:11 AM
Also I suggest to take an infopass and explain the situation to officer. Take a printout of approval mail and give a try.
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ragz4u
03-25 12:43 PM
As per the information I received yesterday afternoon, IV's fax provider had already sent about 21,000 faxes and another 17,000+ were in the queue waiting to be sent. I just hope the fax provider's computer/fax machine does not overheat and burn :D
About 385 people had already clicked for sending faxes. This means that each senator will get atleast 385 faxes from IV. Not bad at all.
At the same time it just means that less than 30% of the members faxed.
The rest of the members of IV, what would make you guys participate in such activities in future? Is clicking the mouse 4 times that difficult? We really need to know what will spur you guys to do something FOR YOURSELF? Will you move only if you are told by the government to pack your bags?
Please let us know what we can do to get you involved?
About 385 people had already clicked for sending faxes. This means that each senator will get atleast 385 faxes from IV. Not bad at all.
At the same time it just means that less than 30% of the members faxed.
The rest of the members of IV, what would make you guys participate in such activities in future? Is clicking the mouse 4 times that difficult? We really need to know what will spur you guys to do something FOR YOURSELF? Will you move only if you are told by the government to pack your bags?
Please let us know what we can do to get you involved?
rockstart
05-05 09:09 AM
As long as you are working in the same position you should be fine. Also since you are making more than what is specified in your labor there is no reason to be worried. At I485 stage all they want to validate is that the employer still has the position open and you are still employed. So there is no real need to worry about the greater income.
Your second question perhaps needs more documentation. Add your rental papers, bank statements, insurance statements (if you are paying for spouse) etc along with marriage pictures and if you have kids their BC.
Gurus / Attorney,
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
Your second question perhaps needs more documentation. Add your rental papers, bank statements, insurance statements (if you are paying for spouse) etc along with marriage pictures and if you have kids their BC.
Gurus / Attorney,
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
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irrational
10-06 04:21 PM
We(My wife and I) recently (July 2009) got our FPs done. immediately after that our cases got transferred from TSC to VSC.
PD: Feb 14, 2005.
I thought VSC is not processing any I-485 applications. Is anyone else in the same status ?
Also, I have to apply for EAD and AP.. Do I apply in TSC or VSC ?:confused:
Please help! :(
PD: Feb 14, 2005.
I thought VSC is not processing any I-485 applications. Is anyone else in the same status ?
Also, I have to apply for EAD and AP.. Do I apply in TSC or VSC ?:confused:
Please help! :(
McLuvin
03-20 05:17 PM
Guys, its friday... lets stop jatkas....
Tell me that this is only for TARP and has been enacted as a law.... i mean what even our corn man was shouting from the top of the roof about H1-B
This is not something new right????
Karthik
Tell me that this is only for TARP and has been enacted as a law.... i mean what even our corn man was shouting from the top of the roof about H1-B
This is not something new right????
Karthik
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arc
10-04 04:29 PM
As this poll is specifically for the cases transferred from NSC -- CSC --- NSC, can you add more options, like the receipt notices generated between Aug 25 to Sept 10, Sept 11 to Sept 25 and Sept 25 to current.
There would be lot of people in these three categories.
Very much intrested in knowing status of all the cases that have transferred from NSC to CSC and back to NSC.
I tried cannot update the poll, but if AUG guys get it then Sep guys will get it as well...
There would be lot of people in these three categories.
Very much intrested in knowing status of all the cases that have transferred from NSC to CSC and back to NSC.
I tried cannot update the poll, but if AUG guys get it then Sep guys will get it as well...
nogc_noproblem
04-09 04:34 PM
If your I-140 is approved and if your I485 is pending for more than 180 days, you can move to a new employer. In such case you can use your valid EAD for the employment with the new employer OR you can transfer your valid H1B to the new employer. AC21 is about just informing USCIS about your job change, no matter whether you are using EAD and H1 transfer.
Note:
- Informing USCIS is not mandatory, it is a gray area.
- 180 days waiting period is just to be on the safer side. After 180 days of filing I485, invoking of approved I140 by your previous employer will not have any effect.
Hope it is clear.
If you are planning to work on EAD, then you are not using AC21.
Is my understanding correct?
Note:
- Informing USCIS is not mandatory, it is a gray area.
- 180 days waiting period is just to be on the safer side. After 180 days of filing I485, invoking of approved I140 by your previous employer will not have any effect.
Hope it is clear.
If you are planning to work on EAD, then you are not using AC21.
Is my understanding correct?
senocular
08-19 11:55 AM
I think it needs bigger eyes... ?
devan
11-04 09:17 AM
Hello gurus,
3 Years back, before applying my 485 and my labor was pending status, i came to know that the need of birth certificate at I485 stage and I asked the records from the local panchayat and they could not find out any records on my name. Then filed the complaint in the court by providing the my passport, mark statements. After many weeks, the court ordered to provide me the birth certificate with the delayed registration 3 years back that is only on 2007. Now i have the birth certificate with the delayed registration, Now in this situvation, is it possible to go to the municipality to ask them the non-availability certificate ?
Thanks
Devan
3 Years back, before applying my 485 and my labor was pending status, i came to know that the need of birth certificate at I485 stage and I asked the records from the local panchayat and they could not find out any records on my name. Then filed the complaint in the court by providing the my passport, mark statements. After many weeks, the court ordered to provide me the birth certificate with the delayed registration 3 years back that is only on 2007. Now i have the birth certificate with the delayed registration, Now in this situvation, is it possible to go to the municipality to ask them the non-availability certificate ?
Thanks
Devan
bkn96
11-24 01:20 PM
my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..