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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reddy77
04-13 05:09 PM
Does your spouse also recieved rfe on 485, in my case both of us got the RFE, still waiting for the document ...
This is my first post, in this website.
I recieved an RFE on my I-485 .
This is a brief summary as to what was asked,
if I am still working for the current employer, or for an intended future employer.
1. Specific Job Title
2. Duties of the offered position
3. Minimum education or training requirements
4. Start date of the employment.
5. Offered salary or wages.
Mine is EB-2 PD APRIL -04.
I did not change my employer, and all the quries asked were already answered during the labor and I-140 stage.
Did any one get similar RFE , plase let me know more in detail
My concern is why would USCIS want to know these details at this stage?
Thanks
SK26
This is my first post, in this website.
I recieved an RFE on my I-485 .
This is a brief summary as to what was asked,
if I am still working for the current employer, or for an intended future employer.
1. Specific Job Title
2. Duties of the offered position
3. Minimum education or training requirements
4. Start date of the employment.
5. Offered salary or wages.
Mine is EB-2 PD APRIL -04.
I did not change my employer, and all the quries asked were already answered during the labor and I-140 stage.
Did any one get similar RFE , plase let me know more in detail
My concern is why would USCIS want to know these details at this stage?
Thanks
SK26
nixstor
11-14 02:51 PM
Lawyer told me that I cannot contest. They screwed it up some thing
What the hell?? Its your right to know what happened with your case and why it was rejected. Ask them and get more information about where things went wrong. Damn BEC's dont answer on status telling that its freaking lawyers and employers property and here lawyers and employers appear not to tell the beneficiary what happened, even after sucking the crap out of his brain for 4 yrs
What the hell?? Its your right to know what happened with your case and why it was rejected. Ask them and get more information about where things went wrong. Damn BEC's dont answer on status telling that its freaking lawyers and employers property and here lawyers and employers appear not to tell the beneficiary what happened, even after sucking the crap out of his brain for 4 yrs
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When Green?
07-30 09:05 AM
Dear Experts and Attorneys:
Here is my situation:
My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
Now I need your expert advice on the following situations:
1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
I greatly appreciate your responses.
Thank you.
Here is my situation:
My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
Now I need your expert advice on the following situations:
1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
I greatly appreciate your responses.
Thank you.
more...
reachinus
12-24 11:07 AM
Nope - it does not legally bind you though it hurts your credibility.
As per H1 rules he must have paid you all the months since you joined him. If he is not going to give you the pay stubs then it will be a problem for you when you apply for your GC. Ask him politely to pay what even he owes you and that too with paystubs. If he creates any problem then tell him that you are going to file a complaing with DOL and also since he will not give you the correct pay stubs that you will report to IRS and will use subsititute W2.
Hope this helps.
As per H1 rules he must have paid you all the months since you joined him. If he is not going to give you the pay stubs then it will be a problem for you when you apply for your GC. Ask him politely to pay what even he owes you and that too with paystubs. If he creates any problem then tell him that you are going to file a complaing with DOL and also since he will not give you the correct pay stubs that you will report to IRS and will use subsititute W2.
Hope this helps.
dionysus
01-24 11:24 AM
My view is that IV must reassess and realign its goals. The goal of I-485 filing without a current PD is too ambitious to start with. Remember, I-485 is the most time-consuming and lengthy stage of a GC, what with security and background checks, tax records checks, prior legal stays in US and medical tests to name just a few. CIS is swamped with many I-485 applications as it is. If it opens the flood gates for 485 filing, its system will simply collapse under the stampede of estimated 1 million GC seekers. There is no chance in hell that CIS will throw open the gates of I-485 filing for all and sundry.
Moreover, there is this case of spouses becoming eligible for jobs after I-485 and EAD filing. No politician is going to stick his/her neck out on this. Remember, politicians are driven just by people�s mood, and average American simply despises any additions to his or her dreamland.
In the light of this revelation by me (hint - just kidding), IV must set realistic goals for itself. One of which is greater flexibility of movement between jobs for a GC seeker. In short, the GC stages that have been completed by a GC seeker should remain completed even if the GC aspirant moves between the similar profile jobs. So for example, if an applicant whose labor has been cleared leaves the job after this stage, at his/her new job he should be able to file I-140 at his/her new job without having to file a labor all over again. All that the applicant should be asked are the papers confirming the old labor approval and a supporting letter from the new employer that the new job matches the old job description.
Similarly, applicants with approved I-140 should be allowed to switch job while still retaining the validity of old I-140. At the new job they should not be required to go thru the first stages again. An employee should be able to attach his/her approved I-140 from a previous company at the time of filing I-485 in the new company instead of being required to obtain a new I-140 approval.
This is the goal that will sit easy with the politician, because it does not add any new job seekers in the employment market. Also, it has the ring of more freedom for the workers, some of them are actually stuck in a quasi-slavery like situation in their companies in the hope of a GC. Words like these are going to have more impact on politicians rather than a clamoring for employment authorization documents.
Moreover, there is this case of spouses becoming eligible for jobs after I-485 and EAD filing. No politician is going to stick his/her neck out on this. Remember, politicians are driven just by people�s mood, and average American simply despises any additions to his or her dreamland.
In the light of this revelation by me (hint - just kidding), IV must set realistic goals for itself. One of which is greater flexibility of movement between jobs for a GC seeker. In short, the GC stages that have been completed by a GC seeker should remain completed even if the GC aspirant moves between the similar profile jobs. So for example, if an applicant whose labor has been cleared leaves the job after this stage, at his/her new job he should be able to file I-140 at his/her new job without having to file a labor all over again. All that the applicant should be asked are the papers confirming the old labor approval and a supporting letter from the new employer that the new job matches the old job description.
Similarly, applicants with approved I-140 should be allowed to switch job while still retaining the validity of old I-140. At the new job they should not be required to go thru the first stages again. An employee should be able to attach his/her approved I-140 from a previous company at the time of filing I-485 in the new company instead of being required to obtain a new I-140 approval.
This is the goal that will sit easy with the politician, because it does not add any new job seekers in the employment market. Also, it has the ring of more freedom for the workers, some of them are actually stuck in a quasi-slavery like situation in their companies in the hope of a GC. Words like these are going to have more impact on politicians rather than a clamoring for employment authorization documents.
more...
Savi
07-07 09:47 PM
And here is the answer (unless I haven't digged back far enough!)
http://immigrationvoice.org/forum/showthread.php?t=5990
BTW, I am curious as to who first proposed this idea.
http://immigrationvoice.org/forum/showthread.php?t=5990
BTW, I am curious as to who first proposed this idea.
2010 +lord+of+the+flies+quotes
sachisdis
02-23 07:48 PM
Hi,
Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.
With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.
My question:
1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
3. The designation & job duties can be the same as that of EB3 or need to be changed.
Thanks in advance!
Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.
With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.
My question:
1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
3. The designation & job duties can be the same as that of EB3 or need to be changed.
Thanks in advance!
more...
desi3933
02-11 10:34 AM
Sanju is correct.
Look at his posts. He is making up stuff.
hi everyone..i try to long story short.i came here 2001 with b1 then i stay since date.. 2004 my employer apply for gc. so far i got my i 140 approved notice about about 1 year ago..
but law we have to wait.they my lawyer said we have wait mayby long time.. my case date is april 2006 ..
Q1-do i have rigth to work here now?
Q2-do i have to wait realy long time?
Q3- can i do anything for waiting time shorter?
MY lawyer is good man but i can even talk to him when i need
...
i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
My question to you .. my lottery case priority date can be use for my eb3 case?
Look at his posts. He is making up stuff.
hi everyone..i try to long story short.i came here 2001 with b1 then i stay since date.. 2004 my employer apply for gc. so far i got my i 140 approved notice about about 1 year ago..
but law we have to wait.they my lawyer said we have wait mayby long time.. my case date is april 2006 ..
Q1-do i have rigth to work here now?
Q2-do i have to wait realy long time?
Q3- can i do anything for waiting time shorter?
MY lawyer is good man but i can even talk to him when i need
...
i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
My question to you .. my lottery case priority date can be use for my eb3 case?
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hebbar77
06-23 02:37 PM
White House Says Immigration Reform Unlikely in �09 - Roll Call (http://www.rollcall.com/news/36115-1.html)
I thought this was obvious!
I thought this was obvious!
more...
tonyHK12
03-17 08:49 PM
@chanduv23 - Yes it does look like this is needed, for people to realize that, this is the only way they can get their own Green card on time!
Looking for good motivators, for people, to make them campaign for their own benefit............I know it sounds strange
Members - IV is not going to benefit as much as you, by doing the Advocacy days
Only 15 days left. This is our last chance until late 2013, or even later, with the presidential elections.
Enforcement is increasing and it will get worse. As you may know H1 and H4s are getting a lot of 221(g), GC applications are getting RFEs.
This is a critical time to show that we are valuable to the economy and contribute and create jobs. We have to improve our position, desperately - whether its H1b or Green Card.
THE ONLY WAY IS ADVOCACY.
.
PS: This must really hurt the anti-immigrants. you can play with the reds all you want, but its not changing anything.
.
Looking for good motivators, for people, to make them campaign for their own benefit............I know it sounds strange
Members - IV is not going to benefit as much as you, by doing the Advocacy days
Only 15 days left. This is our last chance until late 2013, or even later, with the presidential elections.
Enforcement is increasing and it will get worse. As you may know H1 and H4s are getting a lot of 221(g), GC applications are getting RFEs.
This is a critical time to show that we are valuable to the economy and contribute and create jobs. We have to improve our position, desperately - whether its H1b or Green Card.
THE ONLY WAY IS ADVOCACY.
.
PS: This must really hurt the anti-immigrants. you can play with the reds all you want, but its not changing anything.
.
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pnjbindia
10-08 03:07 PM
Monkeyman,
I don't think your comment on adding a spouse is accurate. If the GC is approved prior to your marriage and if your spouse is here, you are NOT golden. As to apply in the family based category, the family based PD in that category (I believe it is 2A) should be current. And that is backed up as well..
If the GC is approved prior to your marriage and if your spouse is here, you are golden. You simply apply for I-485 (family based). If your spouse is not in USand you have GC, you will need to file for follow to join visa and it will take some time (I dunno how many years).
I don't think your comment on adding a spouse is accurate. If the GC is approved prior to your marriage and if your spouse is here, you are NOT golden. As to apply in the family based category, the family based PD in that category (I believe it is 2A) should be current. And that is backed up as well..
If the GC is approved prior to your marriage and if your spouse is here, you are golden. You simply apply for I-485 (family based). If your spouse is not in USand you have GC, you will need to file for follow to join visa and it will take some time (I dunno how many years).
more...
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windycloud
07-16 09:45 AM
Both have same I-94 number with different visa class and expiry date. I think you have to hand the one that came with h1b. I think either way it will be in system since both I-94 have same number.
I have a slight problem. My two I-94s do NOT have the same number. My immigration attorney's office screwed up when applying for my H-1B. They made a 1 into a 4 by mistake.
I have a slight problem. My two I-94s do NOT have the same number. My immigration attorney's office screwed up when applying for my H-1B. They made a 1 into a 4 by mistake.
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Euclid
03-19 12:06 AM
It did. This does work and I can confirm from experience. Go ahead and all the best.
more...
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mna123
07-30 08:04 PM
Thanks Ray and Kondur for your replies.
So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.
But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.
The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.
Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP. Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.
And one more thing how long does it take generally to get interview once a person has applied for CP ??
I am so confuse and cursing myself why did I leave US. My apartment, my car , my belongings every thing is back in US and I am stuck here :-(
So my understanding is that if I file for CP then I would be asked to interview in home country for my GC and it could take long once again if it gets stuck in name check.
But if I wait for H-1 name check clearance then I could enter to US and apply for I 485 and even if it takes longer than 6 months, I would get I 185 approved.
The thing is I am not sure how long it would take to get my name check clearance so I am thinking of CP.
Another thing is that I am on unpaid leave for last 3 months. My company let me worked for first 6 months remotely but then asked me to take unpaid leave. Would it be an issue when I go for interview for CP. Let's assume that if I get interview for CP after a year, wont they ask that I am not working for my current company so why are they doing CP for me.
And one more thing how long does it take generally to get interview once a person has applied for CP ??
I am so confuse and cursing myself why did I leave US. My apartment, my car , my belongings every thing is back in US and I am stuck here :-(
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REEF�
06-06 11:44 AM
The girl looks too blurry but nice :).
And I thought RED means EVIL and BLUE means GOOD :puzzle:?
And I thought RED means EVIL and BLUE means GOOD :puzzle:?
more...
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masti_Gai
12-20 09:29 AM
u don't even know what a labor is and u gotten through ur 140 stage... sounds weird tho...:rolleyes:
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jonty_11
04-29 03:21 PM
From the title of the thread seems like u already got an RFE...please use good judgement in naming threads....
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Sunx_2004
01-02 04:05 PM
Congratulations you started the process, Now relax and wait. Without any favourable legislation It can be while before you can apply for your AOS. Meanwhile have labor and I 140 approved.
Hi Everybody,
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
Hi Everybody,
I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.
When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??
suriajay12
05-13 07:11 AM
We're all impacted by retrogression and each person comes up with different reasons such as labor substitution or porting from EB3 to EB2 etc. I think that the unemployment rate is a key factor that might be influencing the movement of visa dates. With a double digit unemployment rate for US workers, why will the government want to give green cards to foreign workers.
Even if you get the green card, you could lose your job and apply for unemployment benefits. The US government does not want increase in the numbers of those claiming unemployment benefits or welfare programs. These benefits are not available to workers on temporary visas.Social security and medicare are also going to be tapped out within the next 10-20 years. These factors could have made them influence the USCIS/DOS to roll the dates back and make it U for all EB3 and to past 2000 for EB2 India. EB2 is current for other countries due to low demand.
Until the unemployment rate falls to reasonably low (in their view) levels, they have no inclination to act on immigration reform.
Notwithstanding the DOS explanation for the retrogression, there might be political factors in the background that are not made public.How do we know that this wasn't happening behind the scenes?
Its not unemployment, but swine flu thats responsible for this retrogression mess. They could imagine this flu will strike in 2009 and hence wanted to discourage people to come to US or to adjust status here. They know immigrants travel more than citizens out of country and to Mexico and hence more chance to get that virus to US.
Even if you get the green card, you could lose your job and apply for unemployment benefits. The US government does not want increase in the numbers of those claiming unemployment benefits or welfare programs. These benefits are not available to workers on temporary visas.Social security and medicare are also going to be tapped out within the next 10-20 years. These factors could have made them influence the USCIS/DOS to roll the dates back and make it U for all EB3 and to past 2000 for EB2 India. EB2 is current for other countries due to low demand.
Until the unemployment rate falls to reasonably low (in their view) levels, they have no inclination to act on immigration reform.
Notwithstanding the DOS explanation for the retrogression, there might be political factors in the background that are not made public.How do we know that this wasn't happening behind the scenes?
Its not unemployment, but swine flu thats responsible for this retrogression mess. They could imagine this flu will strike in 2009 and hence wanted to discourage people to come to US or to adjust status here. They know immigrants travel more than citizens out of country and to Mexico and hence more chance to get that virus to US.
gcnotfiledyet
03-27 01:53 AM
I don't know if these points are written as a joke. Technically H1B's are guest workers. If there is no work, they need not be here. "...Don't send RFE to those on EAD...", seems to tell don't do your job of checking whatever you are supposed to check before admitting a new immigrant.
Best thing is do nothing, just wait and hope for the best. Any actions are not likely to favour immigration or speedup GC granting, as these are not favoured in difficult economic times.
I agree about your comment on guest workers. But h1bs are also human beings. Rather than treating them like car imported from Japan treat them humane. Don't just think of h1bs as a number. There is a human being behind them. Its not easy to just uproot everything you have since last 10yrs and move back to where you came. This is not a treatment for a "guest".
Also how humane is this for a country touting horn of human rights all over the world (read Tibet/China)?
Best thing is do nothing, just wait and hope for the best. Any actions are not likely to favour immigration or speedup GC granting, as these are not favoured in difficult economic times.
I agree about your comment on guest workers. But h1bs are also human beings. Rather than treating them like car imported from Japan treat them humane. Don't just think of h1bs as a number. There is a human being behind them. Its not easy to just uproot everything you have since last 10yrs and move back to where you came. This is not a treatment for a "guest".
Also how humane is this for a country touting horn of human rights all over the world (read Tibet/China)?
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