rocky17105
07-29 11:19 AM
of course used the sub labor to get 2005 EB2 priority date and moved to this employer. We filed the 140 on july 1st but some document was missing so it came back and then lawyer filed it again which reached uscis timely by 16th July 2007. I am still with the same employer since 2007 and yes unfortunately the employer is found in h1b fraud later but still havent proven guilty so not sure if company is blacklisted or not.
I understand why you are asking all these questions but my question is just can we reopen 485 based on wrong denial from USCIS side.
I understand why you are asking all these questions but my question is just can we reopen 485 based on wrong denial from USCIS side.
member123
09-17 10:10 AM
Any idea what we are trying to achieve here?
If you guys thing i am dumb, you are more then welcome to think that, but i am still confused about the thread.
the reason is to see the processing date relation with LUD, i am sure like we all can see that USCIS has no standard pattern.
many of them has LUD 08/05...i read here that someone applied in april end in tsc lud before 8/05 got approved, and someone who has filed before april at tsc and lud 8/05 no update yet.
which is my case too, so was trying to see if any one in the same boat like me and has any other update.
If you guys thing i am dumb, you are more then welcome to think that, but i am still confused about the thread.
the reason is to see the processing date relation with LUD, i am sure like we all can see that USCIS has no standard pattern.
many of them has LUD 08/05...i read here that someone applied in april end in tsc lud before 8/05 got approved, and someone who has filed before april at tsc and lud 8/05 no update yet.
which is my case too, so was trying to see if any one in the same boat like me and has any other update.
sertasheep
09-04 08:43 PM
Bump
pappu
01-09 12:19 PM
From another thread: IV wants to hear from EB1, EB2ROW and people who are current or are outside processing time members.
Come on fellas, I need your input.
The delays you pointed out are actually being discussed by IV core at this time (part of our 2009 plan if members want to) and we are thinking of making a case for it. In order to do that we will need statistics on our site to prove how many people (our members) are affected. We can use that % dataset to determine the similarity with overall similar cases. We can also use the statistics to make a case for all cases that are current for a long time and still waiting. We will need community's help if you all want to use the stats and graphs for our presentation on this advocacy effort. This effort will be successful if we get help from all members EB1, EB2 ROW and others in all categories that are current for I485 or are outside their application processing times for their other immigration applications. This may become one of our 2009 push with the new administration and we can work on it.
Writing letters is good. But they need to be backed by a campaign and IV name needs to be behind it to make it a national campaign. Not sure how much individual letters may help as we have learnt from past experiences.
Let us have a discussion what EB1, EB2ROW and others that are current want? And also what people whose I140 etc is stuck and are outside processing time want? Are they willing to support such campaign? Can these people get all such folks together on this platform to run this campaign?
Let us know your thoughts.
Come on fellas, I need your input.
The delays you pointed out are actually being discussed by IV core at this time (part of our 2009 plan if members want to) and we are thinking of making a case for it. In order to do that we will need statistics on our site to prove how many people (our members) are affected. We can use that % dataset to determine the similarity with overall similar cases. We can also use the statistics to make a case for all cases that are current for a long time and still waiting. We will need community's help if you all want to use the stats and graphs for our presentation on this advocacy effort. This effort will be successful if we get help from all members EB1, EB2 ROW and others in all categories that are current for I485 or are outside their application processing times for their other immigration applications. This may become one of our 2009 push with the new administration and we can work on it.
Writing letters is good. But they need to be backed by a campaign and IV name needs to be behind it to make it a national campaign. Not sure how much individual letters may help as we have learnt from past experiences.
Let us have a discussion what EB1, EB2ROW and others that are current want? And also what people whose I140 etc is stuck and are outside processing time want? Are they willing to support such campaign? Can these people get all such folks together on this platform to run this campaign?
Let us know your thoughts.
more...
needhelp!
11-12 06:06 PM
You were already added on Friday! We need one more.
But.. You'll get your Tshirt at the meet on Dec 8th
I change my membership from GA to TX. Where is my T-shirt?
But.. You'll get your Tshirt at the meet on Dec 8th
I change my membership from GA to TX. Where is my T-shirt?
clockwork
07-18 05:41 PM
just emailed... it should have 4 pdf files.
Done buddy. Please look at my previous post. Thanks for sharing info. :)
Done buddy. Please look at my previous post. Thanks for sharing info. :)
more...
tradahoo
05-29 03:43 PM
Hello,
My PERM case was filed on mid-May and got audited on May 28.
Will it be appropriate for me to join you all for the complaint or if my case is too recent?
Thanks.
My PERM case was filed on mid-May and got audited on May 28.
Will it be appropriate for me to join you all for the complaint or if my case is too recent?
Thanks.
sgupta33
08-28 04:07 PM
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:
Thanks for your response. I actually work for a community mental health agency that does not have an attorney. The attorney I am working with is someone I found on my own with no ties to my company until I asked that she represent me in my green card process.
Thanks for your response. I actually work for a community mental health agency that does not have an attorney. The attorney I am working with is someone I found on my own with no ties to my company until I asked that she represent me in my green card process.
more...
nandakumar
04-26 12:15 PM
Great job guys.
atlgc
06-01 11:15 AM
when you say
"If old priority date is not ported then send an email to " means new 140 not showing the old PD correct?
once it shows up then send a interfile request correct or send eitherway
"If old priority date is not ported then send an email to " means new 140 not showing the old PD correct?
once it shows up then send a interfile request correct or send eitherway
more...
raysaikat
03-06 05:47 PM
Thanks for the response forgerator. But I would argue that, the problem lies in the fact that there's no obvious link between my work and college major. So if I'm able to somehow re-establish that link, it's still possible to get an H1B. I understand that most H1B visas went to people who work in IT, finance, etc. But I don't see that as an absolute impediment in terms of me getting one.
The key here is that the degree you have attained must be "required" by the job. So you need find a job that requires a degree in French.
Here is the exact language of the law from 8 CFR:
"(iii) Criteria for H-1B petitions involving a specialty occupation.
(A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:
( 1 ) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
( 2 ) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
( 3 ) The employer normally requires a degree or its equivalent for the position; or
( 4 ) The nature of the sp ecific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.
(B) Petitioner requirements. The petitioner shall submit the following with an H-1B petition involving a specialty occupation:
( 1 ) A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,
( 2 ) A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,
( 3 ) Evidence that the alien qualifies to perform services in the specialty occupation as described in paragraph (h)(4)(iii)(A) of this section, and
(C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:
( 1 ) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 2 ) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 3 ) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or
( 4 ) Have education , specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty."
More from USCIS:
USCIS - H-1B Specialty Occupations and Fashion Models (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD)
The key here is that the degree you have attained must be "required" by the job. So you need find a job that requires a degree in French.
Here is the exact language of the law from 8 CFR:
"(iii) Criteria for H-1B petitions involving a specialty occupation.
(A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:
( 1 ) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
( 2 ) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
( 3 ) The employer normally requires a degree or its equivalent for the position; or
( 4 ) The nature of the sp ecific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.
(B) Petitioner requirements. The petitioner shall submit the following with an H-1B petition involving a specialty occupation:
( 1 ) A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,
( 2 ) A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,
( 3 ) Evidence that the alien qualifies to perform services in the specialty occupation as described in paragraph (h)(4)(iii)(A) of this section, and
(C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:
( 1 ) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 2 ) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 3 ) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or
( 4 ) Have education , specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty."
More from USCIS:
USCIS - H-1B Specialty Occupations and Fashion Models (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD)
rajeshalex
09-06 10:34 PM
Lack of knowledge of FIFO.. Low hanging fruits are picked first. July 07 applicants are given low preference when compared with 08 applicants..
rajesh
rajesh
more...
martinvisalaw
06-30 11:25 AM
If you enter with AP, you become a parolee (based on the fact that you get an I-94 with parolee status on it). Then you resume your work with the H-1B employer. After few months, for some reason your I-485 gets denied. Do you become out of status since your status was parolee?
No, you can continue working in H-1B status, assuming this has not also been denied.
No, you can continue working in H-1B status, assuming this has not also been denied.
mallu
10-22 11:14 PM
.
more...
techbuyer77
06-12 05:55 PM
Hi all,
I recently changed my company and joined one of the big 5.I already have my labor and I-140 approved from the previous employer.My eb3 date has become current.My previous empolyer is willing to continue my I-485 from his company. If I go ahead and file from his company, will I be able to use AC21 after 180 days? eventhough I don't work for him at the time of filing my I-485.
I'll really appreciate any thoughts n comments on ma situation
yes
I recently changed my company and joined one of the big 5.I already have my labor and I-140 approved from the previous employer.My eb3 date has become current.My previous empolyer is willing to continue my I-485 from his company. If I go ahead and file from his company, will I be able to use AC21 after 180 days? eventhough I don't work for him at the time of filing my I-485.
I'll really appreciate any thoughts n comments on ma situation
yes
willigetgc?
07-06 10:32 AM
Recently I started looking other options in India, Britain, Canada and Australia.
Here is what I found just in last 1 week.
Britain puts new cap on non-European high skilled immigration
United Kingdom, Immigration, Coalition Government Announces Temporary Migration Cap - Newland Chase - 30/06/2010, Government & Public Sector, Labour and Employment, Immigration (http://www.mondaq.com/article.asp?articleid=104198)
Non-EU immigration to the UK: the statistics visualised | UK news | guardian.co.uk (http://www.guardian.co.uk/news/datablog/2010/jun/26/non-eu-immigration-uk-statistics#zoomed-picture)
The federal government is seeking a limit on the total number of applications for Canada immigration to 20,000 annually
Canada to welcome high skilled and wealthy immigrants | Canada Updates (http://www.canadaupdates.com/content/canada-welcome-high-skilled-and-wealthy-immigrants)
Australia announced new visa ruler to target Indians
New visa rules not targeting Indians: Oz envoy - World News - IBNLive (http://ibnlive.in.com/news/new-visa-rules-not-targeting-indians-oz-envoy/125603-2.html)
This may be the result of global economic slowdown. But China and India are allowing more immigration. Now high skill immigration is a new measure of future economic growth.
It is true that US is a far better country for immigrants - it is a lot easier to assimilate in here than anywhere else in the world. US not fixing its immigration system will only make the brightest stay in the home country!!
Cannot fault them either for staying, who wants to be stuck in the gc system with no end in sight?
Here is what I found just in last 1 week.
Britain puts new cap on non-European high skilled immigration
United Kingdom, Immigration, Coalition Government Announces Temporary Migration Cap - Newland Chase - 30/06/2010, Government & Public Sector, Labour and Employment, Immigration (http://www.mondaq.com/article.asp?articleid=104198)
Non-EU immigration to the UK: the statistics visualised | UK news | guardian.co.uk (http://www.guardian.co.uk/news/datablog/2010/jun/26/non-eu-immigration-uk-statistics#zoomed-picture)
The federal government is seeking a limit on the total number of applications for Canada immigration to 20,000 annually
Canada to welcome high skilled and wealthy immigrants | Canada Updates (http://www.canadaupdates.com/content/canada-welcome-high-skilled-and-wealthy-immigrants)
Australia announced new visa ruler to target Indians
New visa rules not targeting Indians: Oz envoy - World News - IBNLive (http://ibnlive.in.com/news/new-visa-rules-not-targeting-indians-oz-envoy/125603-2.html)
This may be the result of global economic slowdown. But China and India are allowing more immigration. Now high skill immigration is a new measure of future economic growth.
It is true that US is a far better country for immigrants - it is a lot easier to assimilate in here than anywhere else in the world. US not fixing its immigration system will only make the brightest stay in the home country!!
Cannot fault them either for staying, who wants to be stuck in the gc system with no end in sight?
more...
ajay
12-31 09:58 AM
Ajay, did you receive 3 years of H1 extension? I am in my 5th year of initial H1B. wondering if I will receive 3 years extension when I file for H1B transfer with an approved 140. I am changing jobs using AC21 to join a new employer.
Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?
I got it.
Please let me know the procedure you followed for filing AC21. Did you go through your own attorney?
Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?
I got it.
Please let me know the procedure you followed for filing AC21. Did you go through your own attorney?
GCSeeker2006
07-22 09:22 AM
application 485 - Part 2 Application type
8 options given a. to h.
based on my understanding for an EB application i should check on option a. an immigrant petition giving me an immediately available immigrant visa number has beenapproved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile orspecial immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)
application 131 - Part 2 Application type
6 options given a. to f.
based on my understanding for an EB application i should check on option
d. I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel.
Pls advise
Yes, U are right.
8 options given a. to h.
based on my understanding for an EB application i should check on option a. an immigrant petition giving me an immediately available immigrant visa number has beenapproved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile orspecial immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)
application 131 - Part 2 Application type
6 options given a. to f.
based on my understanding for an EB application i should check on option
d. I am applying for an advance parole document to allow me to return to the United States after temporary foreign travel.
Pls advise
Yes, U are right.
gchandu
12-08 05:09 PM
Hi Raj
You waited this long and is really required to wait for another 4 + months. It is upto your best judgement but if i were you I will pass on these 4 months....
Thanks
You waited this long and is really required to wait for another 4 + months. It is upto your best judgement but if i were you I will pass on these 4 months....
Thanks
sent4dc
08-27 02:41 PM
First of all, let me thank you all for sharing your insight. This site is a treasury of information.
I'm trying to find a government site with all the forms and fees to apply for the H1B extension and can't seem to accomplish it. Does anyone know the link?
Thanks again!
I'm trying to find a government site with all the forms and fees to apply for the H1B extension and can't seem to accomplish it. Does anyone know the link?
Thanks again!
nozerd
02-02 12:55 PM
You have to apply at HRDC office in the city nearest to where you land. HRDC is Human Resources Development Canada and they issue SIN CARDS. Google it.
Just make note that they are not open on Weekend. You can only apply for SIN on weekday.
Just make note that they are not open on Weekend. You can only apply for SIN on weekday.
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