GCHope2011
09-07 04:33 AM
Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.
I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
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jonty_11
07-17 06:25 PM
thisis actual USCIS RELEASE
now its official from USCIS
http://www.uscis.gov/files/pressrele...ate17Jul07.pdf
now its official from USCIS
http://www.uscis.gov/files/pressrele...ate17Jul07.pdf
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
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polapragada
10-10 03:47 PM
Something or Nothing...:D:D:D:D
OR EVERY THING :D
OR EVERY THING :D
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dealsnet
04-06 03:54 PM
I have the denial letter. If you PM your email, I can send to you.
USCIS mentioned about EDGE database and denied. (they are using EDGE for comparison)
You cannot get a rule from internet, but you can see their denial decision letter from the affected people and read their new found vision.
http://aacraoedge.aacrao.org/
ALSO READ MURTHY'S CONCERN OF USCIS USING EDGE DATABASE.
THEY give (Indian) MSC only equal to US bachelors.
http://www.murthy.com/news/n_mtaedg.html
You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.
Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.
If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.
_________________
Not a legal advice.
USCIS mentioned about EDGE database and denied. (they are using EDGE for comparison)
You cannot get a rule from internet, but you can see their denial decision letter from the affected people and read their new found vision.
http://aacraoedge.aacrao.org/
ALSO READ MURTHY'S CONCERN OF USCIS USING EDGE DATABASE.
THEY give (Indian) MSC only equal to US bachelors.
http://www.murthy.com/news/n_mtaedg.html
You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.
Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.
If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.
_________________
Not a legal advice.
GCBy3000
07-24 05:05 PM
I agree with portability logic. In that case, a 485 is tied with individual. Why cant a individual have a 485 certified anytime. That is not going to change even if he moves from place to place. In fact, a 485 should be like a degree certificate validating all the credentials. We should be able to carry it wherever we go and show it to our prospective employer and get the GC process moving.
Having said that, there is no need to wait to file 485 due to visa retrogression. Visa numbers are for adjucating the individual 485 and granting the perm residency status. I dont understand why the 485 stage comes as the final one and why the hell it is tied up with VISA numbers.
Example: The applicant gets all medical check up and he is hale and healthy. He filed for 485 and it is pending for 5 years due to retrogression. Every year or once in two year he needs to repeat the medical checkup and declare he is still healthy until he gets the GC. This funny test is not required after he gets GC. Assume in 4th year he gets the deadly VIRUS decease from a US citizen, then he will be denied of GC. The reason is he will spread this contagious disease which he got from US citizen. But he is free to walk and spread if he has GC. Is't funny. I may be wrong........
LC - Verification is related to the sponsored job
140 - Verification is related to the sponsoring company
485 - Verification is related to the sponsored individual
Portability, by definition, applies to individual and not company. Why would your company want you to have portability?
Having said that, there is no need to wait to file 485 due to visa retrogression. Visa numbers are for adjucating the individual 485 and granting the perm residency status. I dont understand why the 485 stage comes as the final one and why the hell it is tied up with VISA numbers.
Example: The applicant gets all medical check up and he is hale and healthy. He filed for 485 and it is pending for 5 years due to retrogression. Every year or once in two year he needs to repeat the medical checkup and declare he is still healthy until he gets the GC. This funny test is not required after he gets GC. Assume in 4th year he gets the deadly VIRUS decease from a US citizen, then he will be denied of GC. The reason is he will spread this contagious disease which he got from US citizen. But he is free to walk and spread if he has GC. Is't funny. I may be wrong........
LC - Verification is related to the sponsored job
140 - Verification is related to the sponsoring company
485 - Verification is related to the sponsored individual
Portability, by definition, applies to individual and not company. Why would your company want you to have portability?
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ilikekilo
07-18 10:40 AM
Really makes me feel awful when I come across someone who is waiting since 2001 for labor.. This system is seriously broken.. I myself had to wait for over three years to get my labor, and I know how frustrating it is.. I have two friends with priority date older than mine, and they are still stuck in labor. Very depressing. I wish and hope the *&$%!*#@ at Philly and Dallas get their act together and there is a flurry of labor approvals in the next few weeks..
i doubt they would do that give that they are anticipating more appps now in july thru august...we cant win in everyhitng, can we? sad!! now next few months we will be desperately be wating for each bulleting every month...now hte the PD's rule!!!!!!!!
i doubt they would do that give that they are anticipating more appps now in july thru august...we cant win in everyhitng, can we? sad!! now next few months we will be desperately be wating for each bulleting every month...now hte the PD's rule!!!!!!!!
2010 ALLEY NEAR PORTSMOUTH
raysaikat
07-12 01:46 PM
THANK YOU VERY VERY MUCH FOR PRECISE REPLY BUEHLER but am I not within my legal right to work for any hospital branch because they are all with one name.
My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).
My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.
What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)
First assume that you are talking about the same company, so that you get one paycheck, one W2, etc.
Your H1-B job must match what is specified in LCA. In particular, LCA is location specific. If you work in a different location (and no longer work in the old location), you need a different (ameded) LCA. If you want to work in two locations, you need to file an amended LCA that lists both locations.
Now, if the two "branches" are different entities (i.e., you are going to receive different paychecks, W2's etc.), you need two H1-B's. File a second "concurrent" H1-B for the second position, and you will be good. The concurrent H1-B will be cap-exempt.
My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).
My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.
What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)
First assume that you are talking about the same company, so that you get one paycheck, one W2, etc.
Your H1-B job must match what is specified in LCA. In particular, LCA is location specific. If you work in a different location (and no longer work in the old location), you need a different (ameded) LCA. If you want to work in two locations, you need to file an amended LCA that lists both locations.
Now, if the two "branches" are different entities (i.e., you are going to receive different paychecks, W2's etc.), you need two H1-B's. File a second "concurrent" H1-B for the second position, and you will be good. The concurrent H1-B will be cap-exempt.
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ksurjan
10-19 08:33 AM
A friend of mine took infopass (new York) yesterday and got his AP. He had to wait for six hours though. He took a strongly worded letter from his comapny stating that he needed to travel for business reasons.
hair Stained Glass Peacock (One of
ameryki
08-02 12:30 PM
I don't think a 1 year ead or 2 year ead is really affecting 485 applications.
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eastwest
04-16 04:32 PM
How early can we apply for EAD before it expires? I know it is either of these: 180 days, 120 days or 90days ?
Does someone know the exact days?
Thanks
You can apply exactly 120 days early.
About my earlier post, You do need to send your papers such cutout from previous EAD, 485 receipt copy etc..
Thanks
Does someone know the exact days?
Thanks
You can apply exactly 120 days early.
About my earlier post, You do need to send your papers such cutout from previous EAD, 485 receipt copy etc..
Thanks
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gsc999
06-17 11:57 PM
Lou Dobbs exposed...:rolleyes:
Lou Dobs is referred to as a right-wing populist demagogue. Atlast some one has the courage to speak out the truth.
http://www.wsws.org/articles/2006/jun2006/immi-j16.shtml
Lou Dobs is referred to as a right-wing populist demagogue. Atlast some one has the courage to speak out the truth.
http://www.wsws.org/articles/2006/jun2006/immi-j16.shtml
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house artwork: Josh Simpson Peacock
yoshi
11-17 07:16 AM
Hey arnet! I am having the same problem. I filed for EAD renewal and then I got my card the other day, but problem is they gave me the same expiration date w/c is Jan. 2007. I called the 1-800# 4 times the day after I got my new card to let them know of the error. I never felt so disappointed and frustrated in my whole life! The first 3 representative I spoke could not tell me anything but "sorry we can't do anything about that". One of them even told me to go to the USCIS where I had my biometrics taken.. and that was 5 hours drive from where I live. I was so pissed. Then I tried to call again that same day just to see if there's anyone in their customer service who has some sense to tell me. And luckily a lady answered and she told me to fill out another I-767 form and send it to the service center who approved my case without the filing fee. That is if it's their fault, they're going to waive the fee.
The only thing that gets to me is, we put our trust in these people to do their part.. because we do. We pay our taxes, we pay for all these filing fees, we do not violate their country.. we're just here to work. Yet after all the waiting that we do, all the hoping, all the sacrifices..this is all we get. A MISTAKE on our IDs.
I filled out a new EAD application, made copies of all the notices I received from them regarding this application...and I even wrote a damn letter just to explain what happened. I'm in so much pressure right now because I need to have my new card as soon as possible... I am due for renewal of my driver's license. If I can't have that card by the end of this year, I am doomed! I will lose my license and my job. Thanks to them! :mad:
The only thing that gets to me is, we put our trust in these people to do their part.. because we do. We pay our taxes, we pay for all these filing fees, we do not violate their country.. we're just here to work. Yet after all the waiting that we do, all the hoping, all the sacrifices..this is all we get. A MISTAKE on our IDs.
I filled out a new EAD application, made copies of all the notices I received from them regarding this application...and I even wrote a damn letter just to explain what happened. I'm in so much pressure right now because I need to have my new card as soon as possible... I am due for renewal of my driver's license. If I can't have that card by the end of this year, I am doomed! I will lose my license and my job. Thanks to them! :mad:
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chanukya
02-20 10:50 PM
Yes it is positive --At-least senators are sticking to their timetable of CIR by March and April.
I guess that is the reason IV is asking for stories by Wednesday noon, This hearing is also on the same day.
Is this something positive, that can give us some hope? There hasn't been any good news for a long time.
I guess that is the reason IV is asking for stories by Wednesday noon, This hearing is also on the same day.
Is this something positive, that can give us some hope? There hasn't been any good news for a long time.
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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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sanjaymk
07-18 12:46 PM
Thanks to the CORE team and everyone here who chipped in and made us not feel alone in this fight.
Thanks,
Sanjay.
Thanks,
Sanjay.
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kshitijnt
12-02 06:07 PM
I am in US right now on H1B status, I've my wife on H4 status, I'll be leaving to renew my H1B again, but I heard that some people get their case under review for months, so I am planning to re-enter to US using my AP in case this happened to me.
My question now:
Would re-entering to US using my AP void my wife's H4 status? Knowing the fact that I'll be working with my H1B status and I am not planning to use my EAD
If you can provide me with some links on USCIS supporting this, it would be great
Yes in that case your wife will be in AOS status. As long has she has a pending 485, this should not matter. Her status is always tied to your status.
My question now:
Would re-entering to US using my AP void my wife's H4 status? Knowing the fact that I'll be working with my H1B status and I am not planning to use my EAD
If you can provide me with some links on USCIS supporting this, it would be great
Yes in that case your wife will be in AOS status. As long has she has a pending 485, this should not matter. Her status is always tied to your status.
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aristotle
02-26 02:03 AM
If you have GC then you can take out ur 401k in 2 installments (because u have RNOR status for 2 years) and file tax as a resident in USA (because of GC).
If you don't have GC then please take all ur 401k in one shot in the year you leave. Otherwise you'll pay 10% penalty and then 30% tax to USA because you will be a Non resident as for as US is concerned in the next year.
As a non resident, if you take out 10K every year, you should be under the Standard deduction and thus owe no tax??
If you don't have GC then please take all ur 401k in one shot in the year you leave. Otherwise you'll pay 10% penalty and then 30% tax to USA because you will be a Non resident as for as US is concerned in the next year.
As a non resident, if you take out 10K every year, you should be under the Standard deduction and thus owe no tax??
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WTFever
12-03 12:54 AM
I have been thru K-1 crap and finally got my wife here from vietnam. I only have one last thing to say to you all......you should ALL be working for the red tape system. No one willing to take a second and offer ANY useful advice, which was my query. Instead I have not filled out the proper form, crossed all the T's and dotted the I's and can't get any help...form rejected....NEXT!
andhrawala
09-22 10:01 AM
I applied my EAD in Nebraska as OH falls under it's jurisdiction and got my approval in 2 weeks. Thought of sharing so that some one may find this information useful.
Labor Priority Date: EB2 - 2007 April - India
I-140 Applied: 05/15/2007
I-140 Approved: 08/10/2009
I-485 Applied: 07/26/2007
I-485 Status: Pending
Labor Priority Date: EB2 - 2007 April - India
I-140 Applied: 05/15/2007
I-140 Approved: 08/10/2009
I-485 Applied: 07/26/2007
I-485 Status: Pending
snathan
06-24 10:18 PM
Hopefully there wont be any answer for you guys. People are waiting in line for years and you guys cut short with sub labor. Good keep it up.
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