centaur
03-28 07:23 AM
Its a report from your employer saying how many people responded, how many were INTERVIEWED and why were citizens not given your position, if they applied for it , based on the recruitment drive. If there were responses, company has no choice but to conduct interviews and come with a legitimate reason for turnig down citizens. So your lawyer is right.
Pay your lawyer after the work is done, not before, or pay in installments. That keeps the pressure on them.
Hello,
My PERM ad was placed and the lawyer said there are responses and company will have to take recruitment steps before he can file.
Company say he has done recruitment and sent report to lawyer. Lawyer says no, I have not received recruitment report. What is this recruitment report ? Is the PERM application not strong if there are responses.
I am really struggling between lawyer and company. Any thoughts. They seem to be dodging me after taking money. If i have some details from experinced gurus, I can talk to them. Else, they just delay after taking legal fee.
Please help
Pay your lawyer after the work is done, not before, or pay in installments. That keeps the pressure on them.
Hello,
My PERM ad was placed and the lawyer said there are responses and company will have to take recruitment steps before he can file.
Company say he has done recruitment and sent report to lawyer. Lawyer says no, I have not received recruitment report. What is this recruitment report ? Is the PERM application not strong if there are responses.
I am really struggling between lawyer and company. Any thoughts. They seem to be dodging me after taking money. If i have some details from experinced gurus, I can talk to them. Else, they just delay after taking legal fee.
Please help
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rayen
05-19 12:36 PM
You can definitely efile. I did not apply for EAD with my I-485 during July VB fiasco, but I efiled with the new filing fee in September 07 and got it approved in 2 months.
Dear Desertfox: Can you please advice me on the below 2 questions while efile (756 - EAD)
1. Q 14 - Manner of Last Entry into the U.S.:
(Visitor, Student, etc.) - Which option has to select from List of Values. ( DA: ADVANCE PAROLE (DISTRICT AUTH)?.
2. What do I mention for this : For (c)(9) eligibility status only
Please select the location where your
I-485 is pending:
Please provide information concerning your eligibility status:
Thanks,
Dear Desertfox: Can you please advice me on the below 2 questions while efile (756 - EAD)
1. Q 14 - Manner of Last Entry into the U.S.:
(Visitor, Student, etc.) - Which option has to select from List of Values. ( DA: ADVANCE PAROLE (DISTRICT AUTH)?.
2. What do I mention for this : For (c)(9) eligibility status only
Please select the location where your
I-485 is pending:
Please provide information concerning your eligibility status:
Thanks,
sac-r-ten
03-22 11:03 AM
Thanks Sac-e-ten,
My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...
Yes, i think you have to appeal through a lawyer.
1. BTW what questions were asked to you during interview?
2. Also the denial says " the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with a appropriate laws and regulations". Do they mention what law? Does it mention employee-employer relationship?
If employer is not showing interest, then you have to talk to the employer about hiring your own lawyer and filing appeal and/or new h4 petition for you.
Also, there is free-attorney sessions every 1st 3 thursdays of the month here on IV. check with ivcoordinator@gmail.com for that.
Also, don't call anybody Sir out here. we are all in diff sections of the same boat called Immigration sailing against tide called USCIS.
Hope things get resolved for you.Good luck.
My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...
Yes, i think you have to appeal through a lawyer.
1. BTW what questions were asked to you during interview?
2. Also the denial says " the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with a appropriate laws and regulations". Do they mention what law? Does it mention employee-employer relationship?
If employer is not showing interest, then you have to talk to the employer about hiring your own lawyer and filing appeal and/or new h4 petition for you.
Also, there is free-attorney sessions every 1st 3 thursdays of the month here on IV. check with ivcoordinator@gmail.com for that.
Also, don't call anybody Sir out here. we are all in diff sections of the same boat called Immigration sailing against tide called USCIS.
Hope things get resolved for you.Good luck.
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JA1HIND
09-02 01:10 PM
I did not get any soft LUD. Will all the updates happening, folks getting second FP, I wanted to make sure my case is not getting delayed due to some mistake either on their or my part. If nothing else, upon changing the address using online means, USCIS should have sent me a notice in mail at my new address to confirm the change, which I did not get. Hence the query.
Question: did you update your new home mailing address online at USPS (Postal website) or using USCIS (Change address) at the time of updating your new mailing address? Initially you do receive a confirmation # when you fillout first part of online application then later you would see additional links at the bottom of page where it would ask for "are there any pending application" somthing like that...
If you did update using UCSIS website then did you enter your A# (that is if you have already applied for EAD/I-485 then you should have a A#) along with your pending receipt numbers?
I did change my home address for 4 times now in the past 2 years and everytime when updated using USCIS, I promptly received individual letters notification/confirmation for each family members (pending cases) that address was sucessfully updated.
Just a thought!!
Question: did you update your new home mailing address online at USPS (Postal website) or using USCIS (Change address) at the time of updating your new mailing address? Initially you do receive a confirmation # when you fillout first part of online application then later you would see additional links at the bottom of page where it would ask for "are there any pending application" somthing like that...
If you did update using UCSIS website then did you enter your A# (that is if you have already applied for EAD/I-485 then you should have a A#) along with your pending receipt numbers?
I did change my home address for 4 times now in the past 2 years and everytime when updated using USCIS, I promptly received individual letters notification/confirmation for each family members (pending cases) that address was sucessfully updated.
Just a thought!!
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smuggymba
03-07 02:15 PM
Hi Smuggymba, very sorry to see you in such a situation...
These things happen....cons of working for non consulting american companies. As long as you stay - the benefits are great but a new VP can change things around. Let's see.
These things happen....cons of working for non consulting american companies. As long as you stay - the benefits are great but a new VP can change things around. Let's see.
simple1
06-18 04:50 PM
My intent is not to divide IV. I was just highlighting EB non-ROW.
Forgive my ignorance. Is there any specific Issues that hamper EB-ROW ?
Please enlighten me.
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
Forgive my ignorance. Is there any specific Issues that hamper EB-ROW ?
Please enlighten me.
Why would you divide employment based immigration in to ROW vs non-ROW? Do you think folks from ROW don't deserve any relief? This is the kind of mentality which divides this small community of EB immigrants. This community is extremely small as it is in grand scheme of things so please don't try to divide it any further and make this community so small that it becomes irrelevant. Just a piece of advise.
more...
i4u
07-26 09:29 AM
I ported from EB3 to EB2 recently and if its all goes well, my PD of May 06 might be current. Is there any way one can determine if their finger prints, photographs, security checks, etc., are valid and the application is pre-adjudicated and ready for approval.
Since, I ported recently I didn't notice any LUD's in my I-485 application. Any thoughts. Please share your experiences.
have you tried infopass?
Since, I ported recently I didn't notice any LUD's in my I-485 application. Any thoughts. Please share your experiences.
have you tried infopass?
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poorslumdog
08-23 09:08 PM
I am working as an industrial engineer since 2006. My labor certification approved in 2006 mentioned job title of industrial engineer (SOC Code- 17:2112), My I485 is pending since 2007, I have also kept H1B status alive, six years will expire in dec however current I-797 for H1B is valid till June 2011.
I may get promoted to an engineering manager position in next few weeks. I have few questions related �Promotion while I485 pending issue�.
1. Is the change from engineer to engineering manager allowed? If I guess correctly USCIS will take guidance from SOC codes 17:2112 (ENGINEER) and 11.9041(for manager)
Thanking you in anticipation.
Before someone gives you answer...can you answer this. Why someone should help you or provide any answer to you. In the last two years your post count is 5. So never participated in any drive, help fund raise....first IV need to get ride of selfish &*^%& like you. I wish and request others not to answer you...
I may get promoted to an engineering manager position in next few weeks. I have few questions related �Promotion while I485 pending issue�.
1. Is the change from engineer to engineering manager allowed? If I guess correctly USCIS will take guidance from SOC codes 17:2112 (ENGINEER) and 11.9041(for manager)
Thanking you in anticipation.
Before someone gives you answer...can you answer this. Why someone should help you or provide any answer to you. In the last two years your post count is 5. So never participated in any drive, help fund raise....first IV need to get ride of selfish &*^%& like you. I wish and request others not to answer you...
more...
senthil1
12-06 05:12 PM
If you are in L1 with Manager or Above category then you can file EB1. There are some more restrictions for this. Because you converted to H1B you may not eligible. Check whether you have any loophole for this. If you are in H1B you should have a PHd and job requirement should be PHd.
Of course any persons like sports, Research, arts with international level skills also eligible. Those people are very rare.
There are two ways to satisfy the requirements for an EB-1-1 immigrant visa. The first is receiving a major, internationally recognized award. Fortunately for those who haven�t won the Nobel Prize yet, the second set of standards is not as difficult to achieve.
The INS regulations (8 C.F.R. � 204.5(h)(3)) require that a petitioner fulfill at least three of the following ten standards:
1. Receipt of a lesser nationally or internationally recognized prize for achievement in your field. This could include a medical fellowship, a Fulbright award, or a Caldecott award.
2. Membership in associations in your field that require "outstanding achievement" of their members. This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.
3. Material published about you in major trade publications or other major media. The material must concern your work in the field. Publications could range from journals specific to your field, like The Journal of Otolaryngology, to major newspapers, like The New York Times. You are not limited to print; a story about you on "60 Minutes" might also fulfill this requirement.
4. Serving as a judge of others in your field either individually or on a panel. Sitting on the Nobel Prize Committee would fulfill the requirement, as would participating in the peer review process of a scientific article or acting as a member of a thesis review committee.
5. Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field. This standard is wide open. Basically, the INS will base its judgment of your contribution on the letters of support that others in the field submit. So letters from recognized authorities in your field who consider your contributions original and significant will satisfy this requirement.
6. Authorship of scholarly articles in your field. This refers to articles that you wrote concerning your work rather than material written about you by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media should fulfill this requirement.
7. Display of your work in exhibitions or showcases. The regulations do not mention how prestigious the exhibition must be.
8. Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for the Metropolitan Museum of Art or serving as an essential researcher for an important laboratory.
9. Commanding a high salary in your field. The regulation requires that your salary or remuneration be high in relation to others in the field, so a teacher need not make as much as a professional football player.
10. Commercial success in the performing arts. This can be demonstrated by box office receipts from your films or plays, sales of your record, or selling your video documentary to a network for a notable sum.
Satisfying three out of the ten criteria does not guarantee that the INS will grant you EB-1-1 classification as an alien of extraordinary ability. The INS looks for quality as well as quantity. As in so many other aspects of immigration law, comprehensive documentation of your qualifications is all important.
Of course any persons like sports, Research, arts with international level skills also eligible. Those people are very rare.
There are two ways to satisfy the requirements for an EB-1-1 immigrant visa. The first is receiving a major, internationally recognized award. Fortunately for those who haven�t won the Nobel Prize yet, the second set of standards is not as difficult to achieve.
The INS regulations (8 C.F.R. � 204.5(h)(3)) require that a petitioner fulfill at least three of the following ten standards:
1. Receipt of a lesser nationally or internationally recognized prize for achievement in your field. This could include a medical fellowship, a Fulbright award, or a Caldecott award.
2. Membership in associations in your field that require "outstanding achievement" of their members. This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.
3. Material published about you in major trade publications or other major media. The material must concern your work in the field. Publications could range from journals specific to your field, like The Journal of Otolaryngology, to major newspapers, like The New York Times. You are not limited to print; a story about you on "60 Minutes" might also fulfill this requirement.
4. Serving as a judge of others in your field either individually or on a panel. Sitting on the Nobel Prize Committee would fulfill the requirement, as would participating in the peer review process of a scientific article or acting as a member of a thesis review committee.
5. Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field. This standard is wide open. Basically, the INS will base its judgment of your contribution on the letters of support that others in the field submit. So letters from recognized authorities in your field who consider your contributions original and significant will satisfy this requirement.
6. Authorship of scholarly articles in your field. This refers to articles that you wrote concerning your work rather than material written about you by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media should fulfill this requirement.
7. Display of your work in exhibitions or showcases. The regulations do not mention how prestigious the exhibition must be.
8. Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for the Metropolitan Museum of Art or serving as an essential researcher for an important laboratory.
9. Commanding a high salary in your field. The regulation requires that your salary or remuneration be high in relation to others in the field, so a teacher need not make as much as a professional football player.
10. Commercial success in the performing arts. This can be demonstrated by box office receipts from your films or plays, sales of your record, or selling your video documentary to a network for a notable sum.
Satisfying three out of the ten criteria does not guarantee that the INS will grant you EB-1-1 classification as an alien of extraordinary ability. The INS looks for quality as well as quantity. As in so many other aspects of immigration law, comprehensive documentation of your qualifications is all important.
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harivenkat
05-11 03:21 PM
Sent a mail to Senator Leahy at : senator_leahy@leahy.senate.gov
Please send him emails.
Dear Senator Leahy,
This is regarding recent hearing from USCIS Director Mayorkas and his response
to issue of backlog.
The issue of immigration backlog is a ubiquitous one ranging from family to employment.
Employment being really the big issue with 1-2 million legally working applicants waiting
to get greencard.
It is surprising that Mayorkas is not aware of this Burning situation faced
by a million plus legal applicants and that he needs to consult the experts. I wonder
if senate is interested in doing anything better, other than settling in for such a
mediocre explanation from the Head of USCIS.
What Mr Mayorkas could have suggested to mitigate the backlog is : Visa Capture, I-485
Preregistration, senate passing bills to increase visa number and other strategies that will resolve the
backlog issue. May be he can refer to these forums which can give him some thoughts coming from people
who are suffering first hand as result of such services of provided by USCIS :
Analysis Discussion - Immigration Voice (http://immigrationvoice.org/forum/forum108-anal)...
http://www..com/usa-discussion-forums/i...
USCIS has already shown us their (fiasco)effeciency during filings of 485 for 800000 applicants in
Jul 2007. They already are showing when it is coming to visa allocations every month. One wonders what
gives the confidence to Mr. Mayorkas to admit that USCIS can handle CIR ?
Mr. Senator, senate deserves a better explanation on strategy to reduce backlog while it owes a
greater responsibility of bringing relief to million plus tax paying, law abiding legal living applicants. I request you to set a follow up hearing to get to the root of the issue in resolving the backlog problem for EB category skilled worker applicants especially from India and China.
God bless you Senator !
Your's sincerely,
Please send him emails.
Dear Senator Leahy,
This is regarding recent hearing from USCIS Director Mayorkas and his response
to issue of backlog.
The issue of immigration backlog is a ubiquitous one ranging from family to employment.
Employment being really the big issue with 1-2 million legally working applicants waiting
to get greencard.
It is surprising that Mayorkas is not aware of this Burning situation faced
by a million plus legal applicants and that he needs to consult the experts. I wonder
if senate is interested in doing anything better, other than settling in for such a
mediocre explanation from the Head of USCIS.
What Mr Mayorkas could have suggested to mitigate the backlog is : Visa Capture, I-485
Preregistration, senate passing bills to increase visa number and other strategies that will resolve the
backlog issue. May be he can refer to these forums which can give him some thoughts coming from people
who are suffering first hand as result of such services of provided by USCIS :
Analysis Discussion - Immigration Voice (http://immigrationvoice.org/forum/forum108-anal)...
http://www..com/usa-discussion-forums/i...
USCIS has already shown us their (fiasco)effeciency during filings of 485 for 800000 applicants in
Jul 2007. They already are showing when it is coming to visa allocations every month. One wonders what
gives the confidence to Mr. Mayorkas to admit that USCIS can handle CIR ?
Mr. Senator, senate deserves a better explanation on strategy to reduce backlog while it owes a
greater responsibility of bringing relief to million plus tax paying, law abiding legal living applicants. I request you to set a follow up hearing to get to the root of the issue in resolving the backlog problem for EB category skilled worker applicants especially from India and China.
God bless you Senator !
Your's sincerely,
more...
onemorecame
11-27 02:37 PM
It doesn't work anymore
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rajuram
01-14 03:47 PM
It is just frustrating to visit these forums and see nothing is happening. We need more members and more money. But if that happens in 10 years, what is the use. Not much anyone can do. Might as well as start packing.
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wandmaker
11-21 04:10 PM
You ask your Ex-coworker to draft a letter with detailed duties and responsibilities and print it on his current companies letterhead. You dont have to get it notarized. I did issue a similar letter for one of my friend, it was long long ago, don't have the format yet. btw, i did not notarized, I just printed, signed and mailed.
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BPforGC
05-11 01:51 PM
This guy has no clue on anything...
He says he gets back after talking to the 'subject experts'....
A senator clearly asked him what to do on backlogs. If he has an iota of knowledge and real interest in immigration, he should have told to increase visa numbers, eliminate country limit and recapture legislation. All he said was he will get back to them and this opportunity has gone into thin air....
So, this statement clearly epitomizes why USCIS is an inefficient and hopeless agency. They talk too much, think less and do nothing.
Don't count on USCIS to do something to eliminate backlog. They are idiots and inefficient morons.
Out of 10+ members of Judiciary committee, only two to three really care about an agency that is trying to work on legal immigration and present for this hearing. Talk about illegal immigration, every one will start running out of their beds with their pants down to get attention... this is really disconcerting.
The whole hearing is a time waste for everyone. It did not achieve anything except patting each others back. Disgusting...
He says he gets back after talking to the 'subject experts'....
A senator clearly asked him what to do on backlogs. If he has an iota of knowledge and real interest in immigration, he should have told to increase visa numbers, eliminate country limit and recapture legislation. All he said was he will get back to them and this opportunity has gone into thin air....
So, this statement clearly epitomizes why USCIS is an inefficient and hopeless agency. They talk too much, think less and do nothing.
Don't count on USCIS to do something to eliminate backlog. They are idiots and inefficient morons.
Out of 10+ members of Judiciary committee, only two to three really care about an agency that is trying to work on legal immigration and present for this hearing. Talk about illegal immigration, every one will start running out of their beds with their pants down to get attention... this is really disconcerting.
The whole hearing is a time waste for everyone. It did not achieve anything except patting each others back. Disgusting...
more...
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h_shaik
11-14 04:12 PM
Your employer gave you a red mark.
somebody gave red mark...what happened???
somebody gave red mark...what happened???
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optimystic
03-31 03:01 PM
I have a somewat similar situation, here goes:
Myself: "Resident Alien for Tax purposes" for 2007.
My wife: Before we got married last year, she was on J1 (> 6 months)
Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.
The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).
My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.
You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.
If others have dealt with a similar situation, please advise.
Thanks.
Ams
Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?
Myself: "Resident Alien for Tax purposes" for 2007.
My wife: Before we got married last year, she was on J1 (> 6 months)
Therefore, that time does not count towards calculating presence in the US for tax purposes. This implies she is a "Non Resident Alien for Tax purposes" for 2007.
The 1040 instructions (http://www.irs.gov/pub/irs-pdf/i1040gi.pdf) state that you cannot file as "Married filing Jointly" if either spouse is a "Non Resident Alien" for tax purposes, UNLESS the other spouse is a citizen or a permanent resident. (Page 13).
My thought is that I will have to go with "Married, filing separately". Since my wife did not have any income, I may be able to take a deduction for my spouse(Page 14), if she doesn't file her taxes.
You are correct that if you file jointly, the difference is quite a bit - but I am not sure what else one can do.
If others have dealt with a similar situation, please advise.
Thanks.
Ams
Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?
more...
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Dhundhun
07-16 07:29 PM
seee SFO website...they issue PCC is upto 45 days, I think...
cgisf.org - even better call them
Won't SFO charge $20. Isn't it more than Rs 800. Tinku01 knows from where to buy for Rs100 to Rs200.
cgisf.org - even better call them
Won't SFO charge $20. Isn't it more than Rs 800. Tinku01 knows from where to buy for Rs100 to Rs200.
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meridiani.planum
08-06 12:38 PM
Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.
congratulations!! You have been a longtime contributor to IV forums, and have given very good advice to lots of people. Hope you continue to visit here occasionally, your experience and knowledge will help lots of other people.
Though first things first: chill out, its champagne time!! Enjoy!!
congratulations!! You have been a longtime contributor to IV forums, and have given very good advice to lots of people. Hope you continue to visit here occasionally, your experience and knowledge will help lots of other people.
Though first things first: chill out, its champagne time!! Enjoy!!
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imneedy
02-05 10:12 AM
Shahuja and Raju,
thanks for your reply, let's hope you get them soon.
thanks for your reply, let's hope you get them soon.
gsc999
06-29 01:41 AM
Sure. Tell me exactly day and time. I will make sure I am miles away from that. I just don't want to be identified with the "amnesty bill" since that is getting increasingly unpopular these days.
---
Yes, once "They" identify "You" the consequences can be severe.:rolleyes:
Beware! Big Brother is watching.
That is the reason I didn't support the US soccer team at World Cup.
US team is so unpopular in Europe :p Given a choice between popularity and doing the right thing, I guess popularity always wins :D
Hilarious! Couldn't resist :o
---
Yes, once "They" identify "You" the consequences can be severe.:rolleyes:
Beware! Big Brother is watching.
That is the reason I didn't support the US soccer team at World Cup.
US team is so unpopular in Europe :p Given a choice between popularity and doing the right thing, I guess popularity always wins :D
Hilarious! Couldn't resist :o
leoindiano
07-11 11:50 AM
open a infopass, go to a local service center, they will schedule and u get it done, Dont loose this great chance.
I waited, opened SR's with 0 luck. Then i tried above and it worked. Luckily they scheduled same day as inforpass for me.
I waited, opened SR's with 0 luck. Then i tried above and it worked. Luckily they scheduled same day as inforpass for me.
