Since1997
07-17 04:39 PM
Aug bulletin:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html
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hibworker
03-21 11:29 AM
First round of interviews went well - now have to send my details to their HR to make sure EB2 porting will work.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? Should they file and get I-140 approved and then only I should join them?
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? Should they file and get I-140 approved and then only I should join them?
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
abhishek101
05-16 03:34 PM
My wife received her green card on Friday so I think it is the latest info.
It comes by priority mail (in priority mail envelop), but no signature is required. No white envelop as old timers are suggesting.
Also the USCIS is extremely fast now a days. My wife received her green card in 5 days after finger printing (Finger printing on May 6; approval on May 9th; Green card received on May 13th) so when your dates become current and your case is straight forward you should have it in few days.
It comes by priority mail (in priority mail envelop), but no signature is required. No white envelop as old timers are suggesting.
Also the USCIS is extremely fast now a days. My wife received her green card in 5 days after finger printing (Finger printing on May 6; approval on May 9th; Green card received on May 13th) so when your dates become current and your case is straight forward you should have it in few days.
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mmanurker
05-22 03:00 PM
Thanks for your Reply.
My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
pls keep all your timesheets signed by your client manager in safe place...just in case if he lays you off, then he needs to give you either notice and pay for that period or severence package if he terminates your employement immediately and also all the back wages for the period he did not pay you till today.
Even though if you do not have timesheets from your client manager, he is still required to pay you but to be on safer side I'd recommend you to keep timesheets signed by the client manager and if required notify the Client and the Vendor(if there is one) about your employer, this way he will loose the business of the client/vendor plus if required you can always fax your timesheets to DOL as well to prove that you have been working at the client side and your employer is getting paid by the client for your services.
can you pls reveal the name of your employer?
My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
pls keep all your timesheets signed by your client manager in safe place...just in case if he lays you off, then he needs to give you either notice and pay for that period or severence package if he terminates your employement immediately and also all the back wages for the period he did not pay you till today.
Even though if you do not have timesheets from your client manager, he is still required to pay you but to be on safer side I'd recommend you to keep timesheets signed by the client manager and if required notify the Client and the Vendor(if there is one) about your employer, this way he will loose the business of the client/vendor plus if required you can always fax your timesheets to DOL as well to prove that you have been working at the client side and your employer is getting paid by the client for your services.
can you pls reveal the name of your employer?
more...
greencardfever
09-09 11:16 PM
Hi,
I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.
I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006.
If I change my employer, can I transfer my already approved labor and I-140 applications to my new employer (Company Y) or will Company Y have to re-file my labor and I-140 applications from scratch?
If it�s the former:
1) Will my old priority date get transferred too?
2) Does it matter if the Company Y is not located in the same state as compared to Company X?
3) Does it matter if my job description and/or designation at Company Y is/are different?
4) Is there any way Company X can cancel my labor and I-140 applications? If yes, does my old priority date become void if Comapny X does decide to cancel them?
5) Does Company Y have to communicate with Company X to get any green card related paperwork?
6) What if Company Y decides to wait for a couple of years before filing my green card, can I still use my old priority date when Company Y files for my green card application?
7) What if Company X goes bankrupt and closes down, can Company Y�s green card application still use my old priority date?
Any response will be greatly appreciated.
Thank you.
I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.
I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006.
If I change my employer, can I transfer my already approved labor and I-140 applications to my new employer (Company Y) or will Company Y have to re-file my labor and I-140 applications from scratch?
If it�s the former:
1) Will my old priority date get transferred too?
2) Does it matter if the Company Y is not located in the same state as compared to Company X?
3) Does it matter if my job description and/or designation at Company Y is/are different?
4) Is there any way Company X can cancel my labor and I-140 applications? If yes, does my old priority date become void if Comapny X does decide to cancel them?
5) Does Company Y have to communicate with Company X to get any green card related paperwork?
6) What if Company Y decides to wait for a couple of years before filing my green card, can I still use my old priority date when Company Y files for my green card application?
7) What if Company X goes bankrupt and closes down, can Company Y�s green card application still use my old priority date?
Any response will be greatly appreciated.
Thank you.
bijualex29
03-24 01:42 PM
As per the new proposed law:
Total EB visa 290,000
EB-1 EB-2 EB-3
# Visa issued to each categories
43500 43500 101500
Max No of visa can be issued to each county ( India) 10%
77000 among EB-1, EB-2, EB-3
10% of Total EB + FB visa is 770000.
Please refer to Visa Bulletin April, 2006, where the distribution of visa is clearly explained with example.
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. 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. The dependent area limit is set at 2%, or 7,320
Total EB visa 290,000
EB-1 EB-2 EB-3
# Visa issued to each categories
43500 43500 101500
Max No of visa can be issued to each county ( India) 10%
77000 among EB-1, EB-2, EB-3
10% of Total EB + FB visa is 770000.
Please refer to Visa Bulletin April, 2006, where the distribution of visa is clearly explained with example.
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. 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. The dependent area limit is set at 2%, or 7,320
more...
rbalaji5
02-20 05:25 PM
rbalaji,
If you don't mind sharing can you please give info like, your priority date, which service center your application is being processed.
Looks like they have begun processing applications filed in July 07.
NSC - PD MAY 29 2007.
I-140 APPLIED ON JULY 06TH 2007
I-485 APPLIED ON JULY 27 2007.
I-140 APPROVED ON JAN 15TH 2008
If you don't mind sharing can you please give info like, your priority date, which service center your application is being processed.
Looks like they have begun processing applications filed in July 07.
NSC - PD MAY 29 2007.
I-140 APPLIED ON JULY 06TH 2007
I-485 APPLIED ON JULY 27 2007.
I-140 APPROVED ON JAN 15TH 2008
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pappu
08-23 01:58 PM
Do not spam the forum by posting the same post more than once.
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Aura M.
03-24 03:40 PM
My answer might be a little too pessimistic but I actually filed an appeal for a denied LC in Sep 2006. and as of today I still haven't heard from them. we tried calling and emailing them but they keep asking us to wait and they will get to it.
sorry and good luck. please keep me updated if you hear something from them.
Thanks
Have you hear anything from your appeal? Please let me know.
Thank you.
sorry and good luck. please keep me updated if you hear something from them.
Thanks
Have you hear anything from your appeal? Please let me know.
Thank you.
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GC_1000Watt
10-12 04:38 PM
You can take upto 6 months of paystubs with you for the stamping. Since you are carrying yiour W2's as well, they very well reflect your past earnings.
6 months? Boss only 2 recent paystubs are required.
@itsmesabby : Its because of people like you, USCIS is asking for unneccesary XYZ documents for the extension or 485 processes nowadays. Because you are providing more than required documentation.
Think before you suggest something.
6 months? Boss only 2 recent paystubs are required.
@itsmesabby : Its because of people like you, USCIS is asking for unneccesary XYZ documents for the extension or 485 processes nowadays. Because you are providing more than required documentation.
Think before you suggest something.
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gcdesirer
02-04 10:39 PM
Thx gapala, wandmaker and lostingcprocess... Appreciate your prompt response.
No compensation only because it is for a close family friend.
No compensation only because it is for a close family friend.
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sheelalann
05-21 12:44 PM
this is the toughest issue ever discussed on this forum :)
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rick_rajvanshi
08-19 09:39 PM
Thanks everyone for replies.
RFE LUD came as email on Friday. A week before, I spoke with customer service and they said my case will be forwarded to IO.
The RFE letter came to my company lawyer today. He sent me the copy. He is also basically suggesting the same. Gather whatever available and write some explanation. He will refine and send it.
Will keep posted on this forum.
--------------------
EB-2/ India/
PD 06/2004
Did you send "affidavit of non availability" or "certificate of non availability" from municipal location of your birth along with signed parents affidavits ?
RFE LUD came as email on Friday. A week before, I spoke with customer service and they said my case will be forwarded to IO.
The RFE letter came to my company lawyer today. He sent me the copy. He is also basically suggesting the same. Gather whatever available and write some explanation. He will refine and send it.
Will keep posted on this forum.
--------------------
EB-2/ India/
PD 06/2004
Did you send "affidavit of non availability" or "certificate of non availability" from municipal location of your birth along with signed parents affidavits ?
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logiclife
03-09 12:39 AM
Thanks to first few members who have volunteered to help with membership drive.
Getting more and more people on board with immigration voice goes hand in hand with fund raising we need to broaden our base to have more voices and more dollars.
IF you lose sleep over retrogression or backlogs, email me at jay@Immigrationvoice.org so that I can reply back to you with a pdf file that will enable you to help us better.
Thanks,
logiclife.
Getting more and more people on board with immigration voice goes hand in hand with fund raising we need to broaden our base to have more voices and more dollars.
IF you lose sleep over retrogression or backlogs, email me at jay@Immigrationvoice.org so that I can reply back to you with a pdf file that will enable you to help us better.
Thanks,
logiclife.
more...
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Since1997
07-18 05:15 PM
see above
Thank you...
Thank you...
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lermitthefrog
06-15 02:41 PM
WOW! that would be great. All you have to do is fill out the application at http://s7.invisionfree.com/TGG_Team_Forum/ and you can go to http://s7.invisionfree.com/TGG_Team_Forum/ to register. Also if you don't check your email often, you should. Most communication is based on email and if you don't reply after some time your gone. (it's happened before!)
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gsrmurthy
11-22 12:51 AM
>I have a confusion. My H1 stamp on passport is expired but I have valid H1 >document untill December 2008. Can I go for stamping with valid H1 document?
If you have a valid I-797 document that shows the validity of your H1B visa, I believe you should not have a problem. Also,check with your lawyer about the same.
Since your I-485 will not get processed until your priority date is current, Once your wife is here on H4B, can you apply for her EAD? I'm in same boat as you but not yet married.
If you have a valid I-797 document that shows the validity of your H1B visa, I believe you should not have a problem. Also,check with your lawyer about the same.
Since your I-485 will not get processed until your priority date is current, Once your wife is here on H4B, can you apply for her EAD? I'm in same boat as you but not yet married.
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singhsa3
08-20 08:50 PM
Thats what recent approval in last couple of days are indicating..
looks like they are clearing up PD APR-DEC 2005 at both NSC-TSC but slow then pick up from jan-2006
there are not much perm certified in 2005 ...hope you all get it
looks like they are clearing up PD APR-DEC 2005 at both NSC-TSC but slow then pick up from jan-2006
there are not much perm certified in 2005 ...hope you all get it
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sri1309
04-11 10:43 PM
Gator,
I would be positive that since RFE wasnt answered on time, USCIS knows that it denied it very probably only on the fact that RFE wasnt answered. Now if you MTR using a decent attorney, then there is a good chance that you will get approved. Make sure you have all documentation in place. Refer to "I-140 denied, urgent help, please" forum also in immigration.com's site.
485 can be reinstated if I140 is approved again. There are cases to get MTR cleared in less than a month.
I can imagine how it feels, but I am sure you have a chance. Go to a big law firm and a good attorney.
Sri.
I would be positive that since RFE wasnt answered on time, USCIS knows that it denied it very probably only on the fact that RFE wasnt answered. Now if you MTR using a decent attorney, then there is a good chance that you will get approved. Make sure you have all documentation in place. Refer to "I-140 denied, urgent help, please" forum also in immigration.com's site.
485 can be reinstated if I140 is approved again. There are cases to get MTR cleared in less than a month.
I can imagine how it feels, but I am sure you have a chance. Go to a big law firm and a good attorney.
Sri.
Rajkrish9
10-30 11:07 PM
Hi All,
I need urgent help and suggestions for my situations..
I have been working with company A since March'2006. They applied my GC processing with substitute labor of Nov'2004 and got I-140 approved.
In July'2007 applied I-485 which is pending for myself and my wife as well.
EAD card has arrived recently with 2 years of validity till Oct'2010 both for myself and my wife. AP is also approved recently.
With all this I am still on H1-B until 11/15/2008. Since it is going to expire, I have asked my employer to file for my extension.. They came up with very vague options and questions which I have posted down in bold with 1 and 2.
1) We have filed your PERM application for the new position which qualifies for EB2. Please note that since you have an approved I-140, have filed your I-485 and have an EAD card, we will no longer need to maintain your H-1B status. Instead, we will withdraw your current H1 and save the remaining H-1B time left on this H1 for use in the future (if the need arises).
OR
2) If you wish to maintain your H-1B status, then (since your position has changed and we have filed a new PERM application on your behalf), we will need to amend your H-1B visa. Please complete the attached questionnaire at your earliest convenience and revert to me with a copy of your latest I-94 card. Please note that this is not an extension and so there is no need to file the H4 extension for your wife/family.
Please advise which option you want to go with. I strongly recommend option #1, but it is entirely your choice if you want to go with option # 2 and maintain your H-1B status. Please let me know how you want to proceed with your H-1B status.
If anybody come acrossed similiar type of situation or experienced already let me know and this would really help in taking the decision.
It's very emergency..
Thanks,
Raj.
I need urgent help and suggestions for my situations..
I have been working with company A since March'2006. They applied my GC processing with substitute labor of Nov'2004 and got I-140 approved.
In July'2007 applied I-485 which is pending for myself and my wife as well.
EAD card has arrived recently with 2 years of validity till Oct'2010 both for myself and my wife. AP is also approved recently.
With all this I am still on H1-B until 11/15/2008. Since it is going to expire, I have asked my employer to file for my extension.. They came up with very vague options and questions which I have posted down in bold with 1 and 2.
1) We have filed your PERM application for the new position which qualifies for EB2. Please note that since you have an approved I-140, have filed your I-485 and have an EAD card, we will no longer need to maintain your H-1B status. Instead, we will withdraw your current H1 and save the remaining H-1B time left on this H1 for use in the future (if the need arises).
OR
2) If you wish to maintain your H-1B status, then (since your position has changed and we have filed a new PERM application on your behalf), we will need to amend your H-1B visa. Please complete the attached questionnaire at your earliest convenience and revert to me with a copy of your latest I-94 card. Please note that this is not an extension and so there is no need to file the H4 extension for your wife/family.
Please advise which option you want to go with. I strongly recommend option #1, but it is entirely your choice if you want to go with option # 2 and maintain your H-1B status. Please let me know how you want to proceed with your H-1B status.
If anybody come acrossed similiar type of situation or experienced already let me know and this would really help in taking the decision.
It's very emergency..
Thanks,
Raj.
iwantmygreen
08-06 07:47 PM
08/04 LUD on your I485 should be for approval. What does the message read? I had received RFE. They received the response for RFE on 08-01 for which there was LUD on 08-01. There was another LUD on 08-03. another one on 08-04. The status reads: "On August 1, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
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