njboy
07-24 05:11 PM
skil bill might turn out into pulp fiction..just like CIR did. If the ability to file for 485 when visa numbers are retrogressed is attained..then, thats awesome..but all Im saying is..given the fact that we havent had any favorable legislation ..atleast if we get portability when our labor/140 is pending and dont have to fear losing our priority dates..that will be a good start. Companys may not want us to have portability, infact I know many company that werent too happy with the AC-21 because it reduced the amount of time they could fleece the consultant, but I am saying this will be good for us
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GotFreedom?
11-12 09:09 AM
I e-filed my AP and did not send any documents and just received an RFE requesting 2 photographs(write alien number with pencil in the back) and a preferably color photocopy of a photo ID.
So, please make sure that you send those supporting documents with the e file receipt to USCIS. They give out the address and instructions at the end of the application which are easy to follow.
Nevertheless, I e Filed EAD too and did not send any supporting documents and they approved it without issuing any RFE. They used an older picture from my previous EAD.
My 2 paise!!!
So, please make sure that you send those supporting documents with the e file receipt to USCIS. They give out the address and instructions at the end of the application which are easy to follow.
Nevertheless, I e Filed EAD too and did not send any supporting documents and they approved it without issuing any RFE. They used an older picture from my previous EAD.
My 2 paise!!!
CareerHit
10-14 11:02 PM
Hi
I'm on h1 and also have an EAD
My current job is on my h1. And I have an EAD, but never used it.
Question: Can I work pat time on my EAD and still retain my h1.
Any pros and cons?
Thanks
Tejal
I'm on h1 and also have an EAD
My current job is on my h1. And I have an EAD, but never used it.
Question: Can I work pat time on my EAD and still retain my h1.
Any pros and cons?
Thanks
Tejal
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smartboy75
08-14 12:26 PM
Well...that's one thing I have never figured out....I have friends who have paper filed their EAD and they have received it too....no questions asked....they did need to send additional paperwork..like photos and passport copy.....but if you e-file you don't have to mail in photos or passport copies...but u do have to have ur biometric taken....
I guess they just want to verify ur identity....u r who u say u r.....my wierd guess...
I guess they just want to verify ur identity....u r who u say u r.....my wierd guess...
more...
sweet_jungle
10-13 02:28 AM
I have 2 approved I-140s from same company with which I am currently working. One PD is end 2004 and another is end 2005.
My I-485 was filed last July with PD end 2004 (I-140 was approved way back in 2006).
Recently, an ombudsman inquiry revealed my PD to be end 2005 and not end 2004. The 140 with PD end 2005 was never used to file 485.
Anybody with similar experience?
How do I get this corrected?
My category is EB2 India.
My I-485 was filed last July with PD end 2004 (I-140 was approved way back in 2006).
Recently, an ombudsman inquiry revealed my PD to be end 2005 and not end 2004. The 140 with PD end 2005 was never used to file 485.
Anybody with similar experience?
How do I get this corrected?
My category is EB2 India.
GCOrNoGC
08-20 04:57 PM
Thank your for ur reply....What about I-129 petition & withdrawal letter...Is there anything that protects me which states that i have a right to get a copy of documents - petition, letter, etc,...from employer. Can somebody point me in the right direction to so that i have a case in point.!
Thanks!
uslegals,
I sent you a couple of PM's, can you pls respond
Thanks
Thanks!
uslegals,
I sent you a couple of PM's, can you pls respond
Thanks
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indigokiwi
05-20 03:32 PM
What exactly does "OP" stand for?
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wizkid732
08-25 10:44 AM
Thanks for the reply, the wait is painful. Itls like a detention without trial :-)
when he contacted senator and inturn they contacted USCIS, Senator got same reply as urs . his is also 2005 EB2 I PD. He is just waiting too.
i wonder what that extensed security review means. looks like never ending. hope no one gets stuck in it.
when he contacted senator and inturn they contacted USCIS, Senator got same reply as urs . his is also 2005 EB2 I PD. He is just waiting too.
i wonder what that extensed security review means. looks like never ending. hope no one gets stuck in it.
more...
BharatPremi
12-05 04:46 PM
Here is a link to update your profile - you could pick a new state of residence.
http://immigrationvoice.org/forum/profile.php?do=editprofile
Hope this answers your question.
Yes, I knew that but Thanks.
http://immigrationvoice.org/forum/profile.php?do=editprofile
Hope this answers your question.
Yes, I knew that but Thanks.
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knnmbd
04-28 02:45 PM
DOL Proposed Legislation for Labor Certification
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.
more...
english_august
09-17 09:07 AM
Read rally updates at http://dcrally.blogspot.com/
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nashim
09-04 01:36 PM
Attorney needs to ask for PD porting while applying new I140. Once new I140 is approved with old PD then send a interfiling letter along with a copy of new approved I140 for adjustment of the pending I485 which is based on old I140.
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mzafar125
11-07 02:12 PM
Folks,
I have a question regarding filing the I-140 application. Can I use experience gained in my current job on my I-140 application. When my lawyer filed my application he stated that the applicant needed an undergrad degree and two years of work experience. I had two years worth of work experience in my current company when my application was filed with the department of labor.
My lawyer said that I can use experience gained in my current job prior to my labor being filed. Is this correct or is he giving me the short end of the stick ? I would appreciate any help you can provide me.
Labor approved
Applying for I-140
Priorty date 10/2002
ROW
Thanks again
I have a question regarding filing the I-140 application. Can I use experience gained in my current job on my I-140 application. When my lawyer filed my application he stated that the applicant needed an undergrad degree and two years of work experience. I had two years worth of work experience in my current company when my application was filed with the department of labor.
My lawyer said that I can use experience gained in my current job prior to my labor being filed. Is this correct or is he giving me the short end of the stick ? I would appreciate any help you can provide me.
Labor approved
Applying for I-140
Priorty date 10/2002
ROW
Thanks again
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srikondoji
04-28 04:09 PM
I would pass this info to my employer and lawyer.
As of now my employer is bearing 45% of the costs and promised to cover the other 55% later.
Thanks
As of now my employer is bearing 45% of the costs and promised to cover the other 55% later.
Thanks
more...
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veni001
11-05 09:27 AM
That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.
You need to consider two scenarios here...
First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.
In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)
Second: Approved I-140 revoked by USCIS due to Fraud
In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.
Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.
If the PERM labor expires then you can not use that to get 1 year extension
If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p
Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.
You need to consider two scenarios here...
First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.
In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)
Second: Approved I-140 revoked by USCIS due to Fraud
In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.
Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.
If the PERM labor expires then you can not use that to get 1 year extension
If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p
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Totoro
05-08 11:25 PM
That's the point.
I was denied ever $1 stimulus payment for 1 joint filer (spouse) being ITIN holder and from the way things are going it would not happen by 2008 either. If not $1500 why they denied even $1500- $600(for the ITIN filer) = $900 ? Why shouldn't i get at least $900 ....??
I wrote to her around 9:30 EST - dont know if she is done by now. I have given my cell phone number as well in the email. I can write and talk as much as possible against this 'ridiculuous' and 'unfair' mandate/rule :mad:
I am always wary of an email asking for personal information. I sent her an email and asked for her to reply with a telephone number to call. I have heard nothing back. She looks legit, but I need to be sure. I did the same with the San Jose reporter and he sent me his phone number. So that was fine.
I was denied ever $1 stimulus payment for 1 joint filer (spouse) being ITIN holder and from the way things are going it would not happen by 2008 either. If not $1500 why they denied even $1500- $600(for the ITIN filer) = $900 ? Why shouldn't i get at least $900 ....??
I wrote to her around 9:30 EST - dont know if she is done by now. I have given my cell phone number as well in the email. I can write and talk as much as possible against this 'ridiculuous' and 'unfair' mandate/rule :mad:
I am always wary of an email asking for personal information. I sent her an email and asked for her to reply with a telephone number to call. I have heard nothing back. She looks legit, but I need to be sure. I did the same with the San Jose reporter and he sent me his phone number. So that was fine.
more...
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iv_newbie_2007
06-16 07:16 PM
I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.
What will be my status till Oct 1st from the day my H1 is approved?
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
Please help me out.
Thanks
What will be my status till Oct 1st from the day my H1 is approved?
Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
Please help me out.
Thanks
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TomPlate
07-02 09:49 AM
come once again idily. Sounds to me italy.:mad:
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ImmiLosers
03-10 10:01 PM
URGENT -
I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.
Please let me know yr opinion.
I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.
Please let me know yr opinion.
flresident
09-05 02:46 PM
I had got RFE email on 8/28/08. I got the letter today in mail.
My mother's name on G325A was written as her mainden name (as per form instructions) and its her married name on my BC. Now USCIS finds this discrepancy and needs evidence to establish my parentage. I will have to submit my BC which is already been done. I am not sure if that will suffice.
Has anyone else had similar issue?
Thank you in advance.
Probably what you need is an affidavit confirming your mother's both names.
That's my opinion.
My mother's name on G325A was written as her mainden name (as per form instructions) and its her married name on my BC. Now USCIS finds this discrepancy and needs evidence to establish my parentage. I will have to submit my BC which is already been done. I am not sure if that will suffice.
Has anyone else had similar issue?
Thank you in advance.
Probably what you need is an affidavit confirming your mother's both names.
That's my opinion.
InTheMoment
09-16 11:59 AM
What has the Name Check initiation got to do with the submission of finger prints...Nothing.
I bet your notice date is about 2 weeks before your Name Check initiation (Sept 18, 2007).
Would believe the dates the IIO gave you.
I bet your notice date is about 2 weeks before your Name Check initiation (Sept 18, 2007).
Would believe the dates the IIO gave you.