tdasara
04-16 02:16 PM
Is there a 120 day advance filing period to file for AP?
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uslegals
08-20 09:42 PM
GCOrNoGC - what do u mean by PM's..? I have not recd. anything from u.!
glen
03-08 09:57 AM
Great! I have been speaking to my colleagues and friends about IV. Trying to spread awareness about IV. Most have registered :) but not all have contributed.
One thing for sure, emails alone do not work. Each individual has to be called and followed. There are many who do not understand the gravity of the situation.
If all current members can get five more guys to register. Goals can be met in no-time.
One thing for sure, emails alone do not work. Each individual has to be called and followed. There are many who do not understand the gravity of the situation.
If all current members can get five more guys to register. Goals can be met in no-time.
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h1techSlave
07-19 01:22 PM
one of my friend got his Initail EAD after 90 days by walking into local office but that was long back in 2002 . Not sure if laws changed ..
In the immigration world, 5 years is like 5 centuries.:)
In the immigration world, 5 years is like 5 centuries.:)
more...
USDream2Dust
06-14 09:53 AM
We have excellent scores and me and my wife would be both on mortgage.
karthic
12-19 08:26 AM
Hi a_yaja,
Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo
My Inference from Memo:
When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.
Please let me know if i am wrong. Thanks
Below is the paragraph from the attached Memo
Requests for Changes in Employment or Concurrent Employment Requests
for Certain Cap-Exempt Aliens.
Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be counted
toward those limitations the first time the alien is employed by an employer
other than one described in paragraph (5). (Emphasis added.)
Documentary evidence, such as a current letter of employment or a recent pay
stub, should be provided in support of such a concurrent employment petition at
the time that it is filed with USCIS in order to confirm that the H-1B alien
beneficiary is still employed in a cap-exempt position.
At the time of filing of a concurrent employment H-1B petition that is subject to
the numerical limitation of 214(g)(1)(a):
� If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
position, then the alien will be subject to the H-1B numerical limitation, and
the concurrent employment petition may not be approved unless a cap
number is available to the alien beneficiary.
If USCIS determines that an H-1B alien beneficiary has ceased to be
employed in a cap-exempt position after a new cap-subject H-1B petition has
been approved on his or her behalf, USCIS will deny any subsequent cap-
subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
numbers are available.
Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo
My Inference from Memo:
When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.
Please let me know if i am wrong. Thanks
Below is the paragraph from the attached Memo
Requests for Changes in Employment or Concurrent Employment Requests
for Certain Cap-Exempt Aliens.
Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be counted
toward those limitations the first time the alien is employed by an employer
other than one described in paragraph (5). (Emphasis added.)
Documentary evidence, such as a current letter of employment or a recent pay
stub, should be provided in support of such a concurrent employment petition at
the time that it is filed with USCIS in order to confirm that the H-1B alien
beneficiary is still employed in a cap-exempt position.
At the time of filing of a concurrent employment H-1B petition that is subject to
the numerical limitation of 214(g)(1)(a):
� If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
position, then the alien will be subject to the H-1B numerical limitation, and
the concurrent employment petition may not be approved unless a cap
number is available to the alien beneficiary.
If USCIS determines that an H-1B alien beneficiary has ceased to be
employed in a cap-exempt position after a new cap-subject H-1B petition has
been approved on his or her behalf, USCIS will deny any subsequent cap-
subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
numbers are available.
more...
simple1
10-07 03:36 PM
Enlighten us about your mutiple company stint in L1B visa.
My L1 visa is expiring on Nov5 2009 and If I have file my COS status in mid of oct and it's in pending status at the time of my L1 visa expiry date then will i be able to stay in US or do i have to go back india
Hi,
I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.
Is there any way that i can take legal action against this company in US because from last one week
they are harrassing my like anything.
Please let me know if anyone come across in this situation.
My L1 visa is expiring on Nov5 2009 and If I have file my COS status in mid of oct and it's in pending status at the time of my L1 visa expiry date then will i be able to stay in US or do i have to go back india
Hi,
I am currently working in Skilled visa through one of MNC company.I am working for this company for last 4 years and prior to this company i worked in another small company for two years.When I join my current company i provided all the legal document like exp,last two month pay stub and releiving letter and they did BG . They did not find anything wrong with prior employer in last 4 year. recently they found something wrong about my prior employer and asking me providing additional document and unfortunately company is closed or rename. I have told my current employer that i don't have any more evidance of my prior employer.Because of this reason they are asking me to come back india.
Is there any way that i can take legal action against this company in US because from last one week
they are harrassing my like anything.
Please let me know if anyone come across in this situation.
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marty
01-09 01:07 PM
I think the text of the post is missing. I am quoting it from the original post below.
URL: http://immigrationvoice.org/forum/showthread.php?t=23029
We need to talk to our local govt. officials about the delay and discrepancy in the processing times published for the USCIS service centers. Please go to the following URLs and find out about your local govt. representative:
US House of Representatives
https://writerep.house.gov/writerep/welcome.shtml
US Senate
http://www.senate.gov/general/contact_information/senators_cfm.cfm
I am providing you the text that you can use in your e-mail. Please also download the processing time for the service centers from the following URL:
http://www.filefactory.com/file/a014c1d/n/Processing_Time-11182008_pdf
------------------------------------------------------------------
E-Mail Subject
Delay and concerns about USCIS processing time updates
E-Mail Text
Dear [Name of your local representative]:
I am writing you in reference to the USCIS processing times updates on their web site at https://egov.uscis.gov/cris/processTimesDisplay.do. Following are my concerns:
1. The last update on processing time was published on November 18, 2008. No update was made to the processing time since November 18, 2008.
2. There appears to be discrepancy between the dates the processing time is posted and the service center processing dates. Attached is the processing time report from November 18, 2008 for California Service Center, Nebraska Service Center, Texas Service Center, and Vermont Service center. Please notice the date processing time was posted was November 18, 2008 and the service center processing dates was given as of September 30, 2008.
I will appreciate if a corrective action is taken so that the processing times are published on time and the discrepancy between the date posted and service center processing date is addressed.
Thank you,
[Your Name]
------------------------------------------------------------------
Please let me know if anything else needs to be added to the e-mail text.
Thanks.
URL: http://immigrationvoice.org/forum/showthread.php?t=23029
We need to talk to our local govt. officials about the delay and discrepancy in the processing times published for the USCIS service centers. Please go to the following URLs and find out about your local govt. representative:
US House of Representatives
https://writerep.house.gov/writerep/welcome.shtml
US Senate
http://www.senate.gov/general/contact_information/senators_cfm.cfm
I am providing you the text that you can use in your e-mail. Please also download the processing time for the service centers from the following URL:
http://www.filefactory.com/file/a014c1d/n/Processing_Time-11182008_pdf
------------------------------------------------------------------
E-Mail Subject
Delay and concerns about USCIS processing time updates
E-Mail Text
Dear [Name of your local representative]:
I am writing you in reference to the USCIS processing times updates on their web site at https://egov.uscis.gov/cris/processTimesDisplay.do. Following are my concerns:
1. The last update on processing time was published on November 18, 2008. No update was made to the processing time since November 18, 2008.
2. There appears to be discrepancy between the dates the processing time is posted and the service center processing dates. Attached is the processing time report from November 18, 2008 for California Service Center, Nebraska Service Center, Texas Service Center, and Vermont Service center. Please notice the date processing time was posted was November 18, 2008 and the service center processing dates was given as of September 30, 2008.
I will appreciate if a corrective action is taken so that the processing times are published on time and the discrepancy between the date posted and service center processing date is addressed.
Thank you,
[Your Name]
------------------------------------------------------------------
Please let me know if anything else needs to be added to the e-mail text.
Thanks.
more...
logiclife
03-10 01:44 AM
Friends,
I have had 10+ members sign up so far.
This is as important as the fund raising. The same group of contributors cannot contribute all the time, please join the effort to bring more people in by signing up in the Membership drive. Just email me at jay@immigrationvoice.org so that I can send you a 5 page pdf document to get your started.
More members means:
Bigger organization.
More funds to pay for lobbying.
More faxes and emails to congress when the time comes for grassroots advocacy.
Thanks,
Jay.
I have had 10+ members sign up so far.
This is as important as the fund raising. The same group of contributors cannot contribute all the time, please join the effort to bring more people in by signing up in the Membership drive. Just email me at jay@immigrationvoice.org so that I can send you a 5 page pdf document to get your started.
More members means:
Bigger organization.
More funds to pay for lobbying.
More faxes and emails to congress when the time comes for grassroots advocacy.
Thanks,
Jay.
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karthkc
03-18 11:24 AM
How did you manage not to work for ABC if they processed visa for you? Why did ABC apply for your visa in first place if they had no work for you? You seem to have acquired H1B visa first and then you are looking for a job. Is it not a fraud? This is what anti-immigrants target and I don't disagree with them. There has to be a job position first and then there can be a visa associated with it, not the other way round. This is how people abuse the immigration system and then it becomes an easy target by anti-immigrants.
Chill....Speculation without facts usually leads to trouble. All rrk wants to know is whether or not he should use EAD...
Without knowing anything else, I would not venture an opinion.
rrk, have you ever worked for ABC and got paystubs from them? If not, how long have you been in H1B status for ABC without being paid?
Also, is your GC sponsoring employer the same as ABC?
Chill....Speculation without facts usually leads to trouble. All rrk wants to know is whether or not he should use EAD...
Without knowing anything else, I would not venture an opinion.
rrk, have you ever worked for ABC and got paystubs from them? If not, how long have you been in H1B status for ABC without being paid?
Also, is your GC sponsoring employer the same as ABC?
more...
manisha5
07-17 05:45 PM
Hurrah!!! :D
You guys did it.
You guys did it.
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chilushah
11-03 02:30 AM
Team, My Labor is filed under PERM was Audited and now approved.
For, Qualification it says Bachelor + No Experience
However, in Skills section it says 5 years of experience in Software Development (.NET).
I got Audited and was required to provide Business Justification for 5 years experience for software developer position.
Can this be applied in EB2?
Thanks!
For, Qualification it says Bachelor + No Experience
However, in Skills section it says 5 years of experience in Software Development (.NET).
I got Audited and was required to provide Business Justification for 5 years experience for software developer position.
Can this be applied in EB2?
Thanks!
more...
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gcisadawg
01-09 11:44 AM
marty,
That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.
Thanks,
Seyed
That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.
Thanks,
Seyed
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Ann Ruben
05-27 05:33 PM
The EB-2 NIW category, like the EB-1 extraordinary ability category, has the advantage of not requiring employer sponsorship---both can be "self-petitions". Depending on the particular facts, it is sometimes easier to qualify for the EB-2 NIW category. It is also possible to file separate I-140 petitions in two or more categories at the same time to increase the liklihood of success.
more...
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snathan
02-22 10:57 PM
Is there a specific stage in the process till which point i have to be in US. If I go back, I will go back to India on a job with the same employer and can come back later with the same employer. Thanks.
Technically No. But you never know what USCIS will ask for
Technically No. But you never know what USCIS will ask for
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rajarao
08-19 03:01 PM
I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
a. medical records with child and both parents name
b. hospital records with child and both parents name
c. census records with child and both parents name
d. school records with child and both parents name
e. religious records with child and both parents name for naming ceremony.
I do not have any of them, at the most the school record is 10th grade with only fathers name.
Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.
--------------------------------
EB2- India/
PD: June 2004
RD; July 1 2007
a. medical records with child and both parents name
b. hospital records with child and both parents name
c. census records with child and both parents name
d. school records with child and both parents name
e. religious records with child and both parents name for naming ceremony.
I do not have any of them, at the most the school record is 10th grade with only fathers name.
Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.
--------------------------------
EB2- India/
PD: June 2004
RD; July 1 2007
more...
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lyiu18
02-23 08:10 AM
good to know, thx.
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gk_2000
08-03 09:50 PM
Let me try to make a humble suggestion here - why don't you try writing a really short and direct letter, so that even the laziest guy cannot help but read it?
For example:
Respected Mr. Senator
I would like to draw your attention to the bill <blah blah> which is very important from the point of view of people waiting in line to be legal immigrants
I wish that you lend your valuable support to this bill as it will help eliminate the backlogs and delays in issuing green cards to people from retrogressed countries like myself. This is essential to ensure that all people are treated equally irrespective of their country of birth
...
Even if he reads just the first para it will be clear who we are and what we want..
Or call them up if possible
For example:
Respected Mr. Senator
I would like to draw your attention to the bill <blah blah> which is very important from the point of view of people waiting in line to be legal immigrants
I wish that you lend your valuable support to this bill as it will help eliminate the backlogs and delays in issuing green cards to people from retrogressed countries like myself. This is essential to ensure that all people are treated equally irrespective of their country of birth
...
Even if he reads just the first para it will be clear who we are and what we want..
Or call them up if possible
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invincibleasian
03-02 02:05 PM
H-1 option exists no doubt. But the number of places one can apply and the concomitant increase in the chances of getting a residency increases with the option of EAD!
What with the UK docs coming to the US...I know for a fact that competition has increased
A bird in hand is worth two in the bush! So stop cribbing and make use of what you have rather than wallowing in self pity for what you dont!
What with the UK docs coming to the US...I know for a fact that competition has increased
A bird in hand is worth two in the bush! So stop cribbing and make use of what you have rather than wallowing in self pity for what you dont!
funny
08-13 01:20 PM
Hi,
Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.
Thanks
Whatever my Lawyer has done , has not worked so far, I guess he sent copies of both I140's and a letter requesting to use the EB3 PD with the EB2 case.
Can you tell me what your lawyer sent to the USCIS. How did he link the approved 140 to the pending 485. Did he fill any form? I am in the same boat. My both 140's are with the same company though.
Thanks
Whatever my Lawyer has done , has not worked so far, I guess he sent copies of both I140's and a letter requesting to use the EB3 PD with the EB2 case.
kondur_007
12-07 03:39 PM
Consular processing itself will happen when date is currentl. However, there is a form that your friend can fill out (which basically moves I 140 from USCIS to another agency which I think is called National visa/benefit center, which in turn sends it to consular post once the date is current.
In other words, your friend will have to get out of 485 line and ask for I 140 to be put in another line (for consular processing) and wait for PD to become current.
During this entire time, the prospective employer should have empty position for the candidate and good faith intention to hire him permanently once he gets is GC. Also, they may send RFE to employer to explain how will he manage for next several years before your friend can join the firm. As long as prospective employer answers all these to their satisfaction, your friend can still get his GC once his PD becomes current (via consular processing).
In other words, your friend will have to get out of 485 line and ask for I 140 to be put in another line (for consular processing) and wait for PD to become current.
During this entire time, the prospective employer should have empty position for the candidate and good faith intention to hire him permanently once he gets is GC. Also, they may send RFE to employer to explain how will he manage for next several years before your friend can join the firm. As long as prospective employer answers all these to their satisfaction, your friend can still get his GC once his PD becomes current (via consular processing).
