lj_rr
09-01 12:31 PM
It will be good if someone can provide the exact steps.
Hi
I have my Labor and 140 approved. (140 approved in Jan 2009)
But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
So I am planning to request both of this by making FOIA request to DOL and USCIS.
I have done some ground work for that. Now here are my questions.
1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
Or are both of this employer�s petitions?
2) I have heard that after six month of 140 approvals it become employee petition.
How much true is that?
If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.
Hi
I have my Labor and 140 approved. (140 approved in Jan 2009)
But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
So I am planning to request both of this by making FOIA request to DOL and USCIS.
I have done some ground work for that. Now here are my questions.
1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
Or are both of this employer�s petitions?
2) I have heard that after six month of 140 approvals it become employee petition.
How much true is that?
If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.
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greyhair
06-22 10:02 PM
I also work for Big4, but I work in IT. Wait time depends on your country of birth and the category of your application. If you are from India or China in Eb3, then you would be better off not applying because you will most likely retire before you get your green card.
It may be helpful to apply in Eb2. I am not sure if CFA Lvl 2 will qualify you for Eb2. But if you have Masters degree in your area of expertise then Eb2 should not be an issue. Performance bonus is not a measure of exceptional ability for Eb2.
You will have to provide more details or you will have to understand the process to estimating the time it will take for the approval. Given the size of the backlog, Eb2 is always better than Eb3. Ultimately, it depends on your employer and your job requirement.
It may be helpful to apply in Eb2. I am not sure if CFA Lvl 2 will qualify you for Eb2. But if you have Masters degree in your area of expertise then Eb2 should not be an issue. Performance bonus is not a measure of exceptional ability for Eb2.
You will have to provide more details or you will have to understand the process to estimating the time it will take for the approval. Given the size of the backlog, Eb2 is always better than Eb3. Ultimately, it depends on your employer and your job requirement.
balan2008
07-08 01:19 PM
Thanks guys for your valuable support and advice.
balan.
balan.
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ivgclive
03-22 09:10 AM
And u can get your GC by him sponsoring for you as parents in just 15-16 years from now.
That will be faster than this EB2 and EB3 backlogs.
You help him now, and he will help you.
Much better.
Added advantage. When they file green card, you don't have to be in "JOB", you can retire and go back to India. When things are ready, get your flight back.
:D
That will be faster than this EB2 and EB3 backlogs.
You help him now, and he will help you.
Much better.
Added advantage. When they file green card, you don't have to be in "JOB", you can retire and go back to India. When things are ready, get your flight back.
:D
more...
ndbhatt
12-21 02:14 PM
The visa bulletin reads "..Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. "
Does this mean 7 % limit per country is set to combined total of FB and EB category and not just EB? Also, does this mean 25,620 annual visa can be allotted for either one of these preferences, EB or FB?:confused:
I have heard earlier that EB preference limit per country is ~9,800. How true does it stand by sections in INA?
Does this mean 7 % limit per country is set to combined total of FB and EB category and not just EB? Also, does this mean 25,620 annual visa can be allotted for either one of these preferences, EB or FB?:confused:
I have heard earlier that EB preference limit per country is ~9,800. How true does it stand by sections in INA?
psaxena
01-27 06:56 PM
I am in scottsdale
Lets fight this together.
Lets fight this together.
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485Mbe4001
03-04 04:07 PM
What about the thousands who lost 2-4 years because they were stuck in namecheck, now the name check is cleared but the dates will not move..frigging idiots..too little too late
Before giving the blue/green/red dots, think about this. they created a traffic jam and now they are suddenly releasing it. There were about 150-300k stuck in name check, now all of them are waiting for their PD to be current. (i am one of them too). Think how this will affect the overall queue.
Before giving the blue/green/red dots, think about this. they created a traffic jam and now they are suddenly releasing it. There were about 150-300k stuck in name check, now all of them are waiting for their PD to be current. (i am one of them too). Think how this will affect the overall queue.
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ashkam
11-17 02:53 PM
using AP with H1B will not affect your h1b status in anyway.
Go with what roseball said ..................... 100% true
What you are saying is incorrect and not what roseball said at all. If you enter on an AP you will no longer be in H1B status. You will be in parolee status. However, you may continue to work on your H1B. Seriously folks, it's not that hard to understand.
Go with what roseball said ..................... 100% true
What you are saying is incorrect and not what roseball said at all. If you enter on an AP you will no longer be in H1B status. You will be in parolee status. However, you may continue to work on your H1B. Seriously folks, it's not that hard to understand.
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gimmemygreen
12-19 10:10 AM
This is Pat B 's broken record. He has lost all his credibility during all these years of immigrant bashing. He can write as many of them but other than red necks, no one is impressed. He is 71 years old and in couple years he will be gone. Old age brings some mental issues with it.
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kondur_007
08-25 10:58 AM
As long as your application reached the mail room on or before Jul 21, 2008 then you are good to go and don't worry about the date on 797 receipt notice and remember to save the delivery proof. If it has reached after Jul 21, 2008 then your case will be denied because your labor is no longer valid from Jul 22, 2008 - you will have to start everything from scratch
I agree with wandmaker above.
Did your application reach on or before the expiry date on the PERM LC? If yes, you are fine. Just wait for 140 to be approved. If you qualify for premium processing (and qualification criteria are very narrow: if you are currently on H1b and need to extend it and no other way to extend it) then only you can do premium processing.
If your application reached AFTER the expiray date on PERM LC, it is very likely to be denied. Again, if you qualify for premium processing, go ahead and do it to know it sooner. Also start working on new PERM ASAP.
You can not port PD until and unless 140 is approved. If it gets denied you loose the PD too.
Trust me, this is a scenario where you really want the help from a good attorney.
Good Luck.
I agree with wandmaker above.
Did your application reach on or before the expiry date on the PERM LC? If yes, you are fine. Just wait for 140 to be approved. If you qualify for premium processing (and qualification criteria are very narrow: if you are currently on H1b and need to extend it and no other way to extend it) then only you can do premium processing.
If your application reached AFTER the expiray date on PERM LC, it is very likely to be denied. Again, if you qualify for premium processing, go ahead and do it to know it sooner. Also start working on new PERM ASAP.
You can not port PD until and unless 140 is approved. If it gets denied you loose the PD too.
Trust me, this is a scenario where you really want the help from a good attorney.
Good Luck.
more...
dixie
08-21 09:58 PM
The situation is unfair only if there is no retrogression. In that case there is a high probability that the one who applied in 2005 gets his GC (or at least EAD/AP), while a 2001 applicant's LC is still caught in the BEC.
But given that retrogression is very much in place for all but EB-1 and EB-2 ROW, an approved I-140 is pretty much useless except for getting 3 year extensions (and limited portability) . In that case, even if the 2005 applicant gets his I-140 approval in a jiffy, he has to wait behind the BEC victim when it comes to applying for 485 (assuming of course that BECs dont last forever).So retrogression neutralises the unfairness of BECs to a large extent.
I do agree however, that the BECs should have been cleared prior to starting the PERM system.
All the fresh H1's wait little longer, while older h1 case gets adjucated. Presently, a guy who filed in 1999, 2000, 2001 is clue less, on what is happening, a guy who filed in 2005/6 had a 140 already, is this fair ?
So to make it more evenly distributed, delay the process by 2/3 years for every new h1 applicant, and also insisting on 2 years of tax filing , will ensure, the older applications gets processed in the meanwhile, and also help the newer applications get streamlined.
Hope u got the point...
But given that retrogression is very much in place for all but EB-1 and EB-2 ROW, an approved I-140 is pretty much useless except for getting 3 year extensions (and limited portability) . In that case, even if the 2005 applicant gets his I-140 approval in a jiffy, he has to wait behind the BEC victim when it comes to applying for 485 (assuming of course that BECs dont last forever).So retrogression neutralises the unfairness of BECs to a large extent.
I do agree however, that the BECs should have been cleared prior to starting the PERM system.
All the fresh H1's wait little longer, while older h1 case gets adjucated. Presently, a guy who filed in 1999, 2000, 2001 is clue less, on what is happening, a guy who filed in 2005/6 had a 140 already, is this fair ?
So to make it more evenly distributed, delay the process by 2/3 years for every new h1 applicant, and also insisting on 2 years of tax filing , will ensure, the older applications gets processed in the meanwhile, and also help the newer applications get streamlined.
Hope u got the point...
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adde72
02-12 07:03 PM
My H1 is expiring on 20 June 2007 along with my wife's H4. My employer is planning to apply extension only in the month of June 2007 .
However I am planning to apply a new H1 ( H4 -H1 status change) for my wife on April 1 2007 .
1) If H4 extension is filed in June which one will USICS considers ?
2) If H1B gets approved first and later H4 ext which I-94 will take precedence ? 3) Whether she can work from Oct 1 2007 or needs to go out of country and needs to get Visa stamped ?
4) Any petition can we make to the USICS ?
Thanks for your replies
ASR
However I am planning to apply a new H1 ( H4 -H1 status change) for my wife on April 1 2007 .
1) If H4 extension is filed in June which one will USICS considers ?
2) If H1B gets approved first and later H4 ext which I-94 will take precedence ? 3) Whether she can work from Oct 1 2007 or needs to go out of country and needs to get Visa stamped ?
4) Any petition can we make to the USICS ?
Thanks for your replies
ASR
more...
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lotsofspace
02-14 12:54 AM
Find yourself chocked up with G.C delay ? find your voice here.
- Immigration voice
- Immigration voice
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nik.patelc
10-23 06:36 PM
I m on h1b and my I485 application is pending. Also i have recieved EAD valid till Sept 2010. I m on H1 Visa status with current company. if i get laid off, how do i move my status from H1 to EAD after layoff?
I m planning to take 2 or 3 months break if i get layoff and then plan to find another job on EAD. Is there any problem to assume ,my status will be automatically change to EAD if i get layoff while on h1.
I m planning to take 2 or 3 months break if i get layoff and then plan to find another job on EAD. Is there any problem to assume ,my status will be automatically change to EAD if i get layoff while on h1.
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alterego
08-30 07:05 PM
They will reply to all the SRs and Infopass that the applications are not more than a month outside of normal processing times, so they would not reply. The Processing times were moved to that July 2nd date for a specific reason.
I think that if they have some numbers they might start looking at older RD/PD. Believe it or not, they have many pending 485s with RDs even a lot earlier than July 2007.
Lets hope no numbers are lost. If they accomplish this and clear out all the 2004 PDs and earlier than 2007 July 2nd RD, that would be reasonable.
All that said, I have no trust in their communication or their abilities.
I think that if they have some numbers they might start looking at older RD/PD. Believe it or not, they have many pending 485s with RDs even a lot earlier than July 2007.
Lets hope no numbers are lost. If they accomplish this and clear out all the 2004 PDs and earlier than 2007 July 2nd RD, that would be reasonable.
All that said, I have no trust in their communication or their abilities.
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gg_ny
11-06 05:14 AM
Employers need to have already declared whether their sponsoring of H1B's result in use of available numbers or exempted from it. They need to substantiate, I believe, with tax documents among other things. The applicant, or USCIS does not decide the category; rather, USCIS can deny an application if it deems an organization, and/or rarely, a position, is NOT 'not for profit': Eg. fully non-profit RD wing of a commercial company rarely gets
designated as non-profit and the H1B's are mostly within the cap.
No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.
designated as non-profit and the H1B's are mostly within the cap.
No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.
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chalamurariusa
04-29 09:28 PM
Yes getting her here on an F1 Visa is your best option. You can hv the wedding in India but she shd not disclose abt her wedding and shd cm here on her maiden name and after afew months you can hv a registered marriage here. That is what my cousin did and they flew together to US.
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sobers
02-21 03:59 PM
good job, eb3_nepa!!
While you're at it, why don't you also copy and paste all the articles/news stories that support skilled worker immigration that are on this site, and send them across too.
That will help them tremendously, since congressional staffers are often pressed for time and cannot gather all the supporting information by themselves.
Thanks! Keep it up!
While you're at it, why don't you also copy and paste all the articles/news stories that support skilled worker immigration that are on this site, and send them across too.
That will help them tremendously, since congressional staffers are often pressed for time and cannot gather all the supporting information by themselves.
Thanks! Keep it up!
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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).
vishwak
11-12 07:46 AM
Consult your Attroney. If HR files for H1B (In some of Companies), please do Hire nice Attorney.
My advise: If you are sending Originals, Take 2 copies and get Notarized and save them safely. If you need them in urgency you can always use Notarized ones.
Please keep updating the Thread with developments which might help others.
My advise: If you are sending Originals, Take 2 copies and get Notarized and save them safely. If you need them in urgency you can always use Notarized ones.
Please keep updating the Thread with developments which might help others.
sunofeast_gc
07-22 06:49 PM
just now I gave 5 star and posted my comments
