gc@waiting
09-30 07:01 PM
Thanks very much dingudi.
BUT does anyone know as to what are the options if the 140 is still pending and the applicant is laid off after 6 months of 140/485 pending?
BUT does anyone know as to what are the options if the 140 is still pending and the applicant is laid off after 6 months of 140/485 pending?
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sripk
05-17 02:24 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
salai007
07-17 06:05 PM
My Big thanks to IV core members !!!
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sdudeja
01-12 10:46 PM
Its nice to see teachers on this forum. I came on H1 through the company GTRR. You can get their contact number from their site.I wanted to ask Sirvi that how about working with an NGO. Did you file your GC under EB2. I filed mine under EB3. Please tell me something about it.
If someone knows regarding more sponsors for teachers let me know. I know some school systems in and around Georgia sponsor directly.
If someone knows regarding more sponsors for teachers let me know. I know some school systems in and around Georgia sponsor directly.
more...
mikrupee
08-22 02:47 PM
My questions:
While on H1B can a professional engineer sign a design and plans offcourse for free. Say to a friend design and plan.
While on H1B can a professional engineer sign a design and plans offcourse for free. Say to a friend design and plan.
kalyan
11-13 09:29 AM
I would suggest that , fighting against a state will be costly, paying the attorney fees, several rounds of presence.
You can buy good properties rather than fighting state (governments)
You can buy good properties rather than fighting state (governments)
more...
archum123
08-03 09:34 AM
Hey! I am a practising dentist and I am on H1B.
Q: Does she need a dental license to apply for H1 ?
Ans:Yes a dental license is required for applying for a dentist position
Q: She 'qualifies' for a dental license (ie meets all requirements), but almost all states require a SSN to issue a dental license. Since she is on H4, she doesnt have a SSN. Problem: Dental License needs SSN - SSN needs H1 - H1 needs license - basically a "Catch 22" position here
Ans: Qualification is a very broad term. A dental degree doesnot make one eligible for a license. There are other important requirements for a license like National dental Boards, a clinical exam, jurisprudence exam of the state.
Also, if one one "qualifies" with all the requirements he or she can apply based on the TIN #. The board must be informed that a TIN is used and will need to be updated with SSN when you recieve one.
HI, does the same holds good or a DENTAL HYGENISTS ? is there any chances to be sponsered for h1?
Q: Does she need a dental license to apply for H1 ?
Ans:Yes a dental license is required for applying for a dentist position
Q: She 'qualifies' for a dental license (ie meets all requirements), but almost all states require a SSN to issue a dental license. Since she is on H4, she doesnt have a SSN. Problem: Dental License needs SSN - SSN needs H1 - H1 needs license - basically a "Catch 22" position here
Ans: Qualification is a very broad term. A dental degree doesnot make one eligible for a license. There are other important requirements for a license like National dental Boards, a clinical exam, jurisprudence exam of the state.
Also, if one one "qualifies" with all the requirements he or she can apply based on the TIN #. The board must be informed that a TIN is used and will need to be updated with SSN when you recieve one.
HI, does the same holds good or a DENTAL HYGENISTS ? is there any chances to be sponsered for h1?
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Bobby Digital
October 21st, 2005, 11:25 PM
Has this group of talented people ever got together and met each other in person? I would love to meet all of this talent in person!!! Swap ideas and show off our best. Any ideas??
more...
justAnotherFile
03-08 08:37 PM
Wow,
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
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GreenMe
06-17 04:16 PM
Hello Leo,
I am not a lawyer so don't take my word ... but this is what I have heard.
Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...
You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.
Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.
Regards,
GreenMe
I am not a lawyer so don't take my word ... but this is what I have heard.
Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...
You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.
Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.
Regards,
GreenMe
more...
setpit_gc
08-15 11:22 PM
Thanks for the replies. I am going to consult with an Attorney.
I wanted to get other valuable opinions.
I wanted to get other valuable opinions.
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140jibjab
01-11 11:06 AM
When you apply for H4 for the new wife. Make sure you take the follwoing:
1. Divorce Decree.
2. New Marraige registration(India Marraige Registration). Take the Marraige certificate and the Copy of the Application(Application you provide at the local authority to get your new marraige registered). Also make sure you Check the Divorced in the application. US consulate wants to make sure you have given the right info to the Local authorities).
3. Based on your H1, your new wife will get her H4 stamped.(been through it so it works like a charm).
All the best
Thank you so much...
What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???
1. Divorce Decree.
2. New Marraige registration(India Marraige Registration). Take the Marraige certificate and the Copy of the Application(Application you provide at the local authority to get your new marraige registered). Also make sure you Check the Divorced in the application. US consulate wants to make sure you have given the right info to the Local authorities).
3. Based on your H1, your new wife will get her H4 stamped.(been through it so it works like a charm).
All the best
Thank you so much...
What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???
more...
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coolblues
08-25 10:55 PM
HHi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
- Can this actually happen (that RFE doesn't get delivered at all) ??
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Hi Friends, After the initial denial notice my consultant confirmed that he'll appeal for my H1B case. Whilst he was not disclosing much on the documents front (appeal notice and dates). on 21st aug he told me that he is working with the attorney on the appeal and that, it was going to take a while.
Now yesterday I got this email from CRIS
================================================== ===
The last processing action taken on your case
Receipt Number: XXXXXXXXXXXXX
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 24, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. 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.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
================================================== ===
My consultant/attorney haven't appealed back and it's highly unlikely that USCIS did recognize some apparent mistake of theirs and decided to reopen. SO, does this mean that my consultant has withdrawn the H1B petition ..? I suspect that he's trying to save his ass by doing so (to avoid USCIS furore)
Your comments are appreciated..!
I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
And finally, earlier today I got another email from my consultant that my visa was denied.
My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)
My question to you folks is :
- Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
- Can this actually happen (that RFE doesn't get delivered at all) ??
- He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
- Also what are my chances getting a H1B via the appeal route ?
Thanks in advance
Hi Friends, After the initial denial notice my consultant confirmed that he'll appeal for my H1B case. Whilst he was not disclosing much on the documents front (appeal notice and dates). on 21st aug he told me that he is working with the attorney on the appeal and that, it was going to take a while.
Now yesterday I got this email from CRIS
================================================== ===
The last processing action taken on your case
Receipt Number: XXXXXXXXXXXXX
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 24, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. 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.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
================================================== ===
My consultant/attorney haven't appealed back and it's highly unlikely that USCIS did recognize some apparent mistake of theirs and decided to reopen. SO, does this mean that my consultant has withdrawn the H1B petition ..? I suspect that he's trying to save his ass by doing so (to avoid USCIS furore)
Your comments are appreciated..!
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ujjvalkoul
02-28 12:37 PM
You should be fine. Not only you filed your extension on time (so the approval should apply retroactively, more likely that's the USCIS mistake), but two law provisions protect you:
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
canu post the USCIS link for these 2 laws
1) 8 C.F.R. section 274A.12(b)(20) - An H1B holder whose employer has filed a new H1B petition to extend the stay (through the current employer - NOT a job change) can work for up to 240 days based upon the pending H1B petition;
2) 8 U.S.C. 1255(k) allows you to adjust status even if you worked without authorization for not more than 180 days.
Oh, yes, I've had a similar RFE for my dependants to show continuous H4 status so it's not unusual.
canu post the USCIS link for these 2 laws
more...
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little_willy
08-20 01:56 AM
^^^^^^
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logiclife
05-03 05:00 PM
Sadly Immigration voice is giving importance to the � number of posts� rather than �number of valuable posts� .
Some people are more interested to upgrade in their title by putting more number of comments, which will have no information.
I request every one to understand that these are just somebody thoughts/comments some time they may be correct and some times
they are just garbage.
Janakp Can you tell us how many valuable posts you posted in here.
IV doest evaluate posts of members or give more or less importance to quantity or quality of posts.
The software we use for forums (Joomla) is preconfigured to make a person "Senior member" when he/she posts 100 messages.
IV core group or leadership doesnt have any interest in rating the quantity or quality of any posts from any members.
Some people are more interested to upgrade in their title by putting more number of comments, which will have no information.
I request every one to understand that these are just somebody thoughts/comments some time they may be correct and some times
they are just garbage.
Janakp Can you tell us how many valuable posts you posted in here.
IV doest evaluate posts of members or give more or less importance to quantity or quality of posts.
The software we use for forums (Joomla) is preconfigured to make a person "Senior member" when he/she posts 100 messages.
IV core group or leadership doesnt have any interest in rating the quantity or quality of any posts from any members.
more...
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reddy2cool
10-20 02:19 PM
4 th grader is born in the country where as all the highly educated people are not ..
So wht do you mean? Should we consider it as his achievement? why cant we have better educated people decide it?
So wht do you mean? Should we consider it as his achievement? why cant we have better educated people decide it?
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wandmaker
02-04 02:32 PM
How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.
You are merely a beneficiary of 140 application, the petitioner is your GC sponsoring company - only the company or representative has the authority to make inquiries. First step, you should ask your attorney or company to call USCIS and mention that your 140 is outside processing time and also you had responded to an RFE , it has passed standard response/decision time (usually 60 days) - ask the CSR to open an SR. For the most cases that I know, this has triggered a decision with in 45 days from the date of SR. Hope this helps.
You are merely a beneficiary of 140 application, the petitioner is your GC sponsoring company - only the company or representative has the authority to make inquiries. First step, you should ask your attorney or company to call USCIS and mention that your 140 is outside processing time and also you had responded to an RFE , it has passed standard response/decision time (usually 60 days) - ask the CSR to open an SR. For the most cases that I know, this has triggered a decision with in 45 days from the date of SR. Hope this helps.
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Bpositive
01-14 10:11 PM
Appreciate responses...
fatjoe
10-23 03:50 PM
My friends who filed on Aug 6, Aug 8, and Aug 13 their EAD in one week gap.
Siboo
07-09 10:41 PM
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
Everybody is seriously waiting for some update, you are just making fun of us. :mad:
When you write something in the forum, write with proof. Otherwise keep it with your own family...
Thanks
Everybody is seriously waiting for some update, you are just making fun of us. :mad:
When you write something in the forum, write with proof. Otherwise keep it with your own family...
Thanks
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