punjabi
06-25 03:05 PM
Hi,
Can you please mention the source also (example, the website) from where you copied this content?
Thanks.
For members doing the Calculations..............
According to DHS | CIS Ombudsman Updates:
During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2
...
...
...again go unused in FY 2010.
Can you please mention the source also (example, the website) from where you copied this content?
Thanks.
For members doing the Calculations..............
According to DHS | CIS Ombudsman Updates:
During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2
...
...
...again go unused in FY 2010.
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gregspirited
08-19 05:38 PM
Hello Guys,
I have been working with my current employer for last 3 years as Software engineer and filed for PERM last October (18th Oct 2007). My six year H1-B limit expires in January 2010.
Now I'm getting an opportunity to move into Technical Program Management internally (within the same company).
I have couple of questions based on the above scenario
1. Is it safe to take the new opportunity since I have to start over my PERM process (given the backlog in Atlanta center) and also given the amount of time left in my H1-B (approx 15 months left)?
2. If I file a new PERM application now, can I use the experience that I gained in this company as part of the app OR should I use only my previous employer's experience (which was 3-4 years ago and has little relation with what I might do in program management) for the PERM app?
Your replies are greatly appreicated and thanks for your time
I have been working with my current employer for last 3 years as Software engineer and filed for PERM last October (18th Oct 2007). My six year H1-B limit expires in January 2010.
Now I'm getting an opportunity to move into Technical Program Management internally (within the same company).
I have couple of questions based on the above scenario
1. Is it safe to take the new opportunity since I have to start over my PERM process (given the backlog in Atlanta center) and also given the amount of time left in my H1-B (approx 15 months left)?
2. If I file a new PERM application now, can I use the experience that I gained in this company as part of the app OR should I use only my previous employer's experience (which was 3-4 years ago and has little relation with what I might do in program management) for the PERM app?
Your replies are greatly appreicated and thanks for your time
PALLO
04-15 02:15 PM
Hello,
My Labor was denied for the following reason -
Neither the earliest date listed for a recruitment step on ETA Form 9089, 03/20/2008 listed in XXX and XXX, nor the date the application was filed 8/27/2008 fall within the Prevailing wage determination validity period of 4/21/200-7/20/2008. This indicates the employer did not begin recruitement, not file the application during the Prevailing wage determination period.
Can you guys please suggest what could be done. Letter states we can ask for a review. But lawyer thinks we have start the process from the begining.
Would appreciate susgestion ASAP. Have only 15 days to respond.
Thanks
My Labor was denied for the following reason -
Neither the earliest date listed for a recruitment step on ETA Form 9089, 03/20/2008 listed in XXX and XXX, nor the date the application was filed 8/27/2008 fall within the Prevailing wage determination validity period of 4/21/200-7/20/2008. This indicates the employer did not begin recruitement, not file the application during the Prevailing wage determination period.
Can you guys please suggest what could be done. Letter states we can ask for a review. But lawyer thinks we have start the process from the begining.
Would appreciate susgestion ASAP. Have only 15 days to respond.
Thanks
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GC444
08-11 10:24 PM
all my games, Gamesboys, GameCubes, my bike, tennis rackets and all. Since I am addicted to IV so much I don't have time to play.
My wife is so jealous that if she sees IV site on my PC she asks me to change goo(shit in English) filled dipers of our baby...:eek:
I would rather do that millions of time (diaper thing) then wait for the stupid GC , i would do anything for the baby !!!!!! Your wife is right !!!!
My wife is so jealous that if she sees IV site on my PC she asks me to change goo(shit in English) filled dipers of our baby...:eek:
I would rather do that millions of time (diaper thing) then wait for the stupid GC , i would do anything for the baby !!!!!! Your wife is right !!!!
more...
Abhishika
12-13 06:32 AM
Hi All,
For the 140 appln we see that all service centers except TSC takes more than 6 months. TSC has a processing time frame of 6 months for 140
where as NSC and CSC says they are processing 140 of Sep/jan 2006.
We pay same fee for USCIS at all offices. This is a descrimination based on
USCIS location. If 140 is approved and 485 is pending we have flexibility of changing the jobs.
(ie if you had applied at NSC, then u will not get this flexibility)
Most of the guys who applied at TSC during July 07 got the approval of 140 where as NSC and CSC are still processing 2006.
(Mine was filed at TSC and on the 5th month got transferred to NSC.
Now should it follow 6months of TSC processing time or go to the storage cabin and wait till the processing date at NSC comes to current?)
So should we complain to ombudsman, to make the processing time similar at all the offices. If there is a difference of one months is OK but not more than one month.
I would like to hear everyones opinion especially those who stuck at NSC and CSC.
Thank You
Abhishika
For the 140 appln we see that all service centers except TSC takes more than 6 months. TSC has a processing time frame of 6 months for 140
where as NSC and CSC says they are processing 140 of Sep/jan 2006.
We pay same fee for USCIS at all offices. This is a descrimination based on
USCIS location. If 140 is approved and 485 is pending we have flexibility of changing the jobs.
(ie if you had applied at NSC, then u will not get this flexibility)
Most of the guys who applied at TSC during July 07 got the approval of 140 where as NSC and CSC are still processing 2006.
(Mine was filed at TSC and on the 5th month got transferred to NSC.
Now should it follow 6months of TSC processing time or go to the storage cabin and wait till the processing date at NSC comes to current?)
So should we complain to ombudsman, to make the processing time similar at all the offices. If there is a difference of one months is OK but not more than one month.
I would like to hear everyones opinion especially those who stuck at NSC and CSC.
Thank You
Abhishika
jsb
01-08 09:58 AM
My Case:
Company A applied for GC citing future employment.
Got the EAD.
Currently I am in the pay roll of Company B(sister concern of A) in H1.
What are the things I have to do if I have to work in EAD? Can I use AC21 and move on? Do I have to work for Company A atleast for sometime?
If A sponsored you for your future employment, and still stands to it, there is no AC21. You can continue to work for B on EAD, and join A when you get your GC. If in the meantime, you can find another job offer same/simllar to what A offerred, and prefer to work that one you can join that company as per AC21 provisions
Company A applied for GC citing future employment.
Got the EAD.
Currently I am in the pay roll of Company B(sister concern of A) in H1.
What are the things I have to do if I have to work in EAD? Can I use AC21 and move on? Do I have to work for Company A atleast for sometime?
If A sponsored you for your future employment, and still stands to it, there is no AC21. You can continue to work for B on EAD, and join A when you get your GC. If in the meantime, you can find another job offer same/simllar to what A offerred, and prefer to work that one you can join that company as per AC21 provisions
more...
redgreen
11-17 12:01 PM
To my knowledge they consider the salary you were getting in the last one year to calculate UI benefits. If you are applying one year after the job loss, chances that you get anything is very low.
Anybody who is eligible to work in US and has enough work credit can apply for unemployment insurance benefits. I think, USCIS will know about this but sending RFE to people about this is not feasible.
Anybody who is eligible to work in US and has enough work credit can apply for unemployment insurance benefits. I think, USCIS will know about this but sending RFE to people about this is not feasible.
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pmamp
12-22 09:59 AM
My LC application (RIR PD Oct 2003) from company A is pending in P-BEC. My RIR got denied recently in Nov 06 and my company informed me that they are considering to use TR->RIR conversion to upgrade the LC to RIR. Can somebody please tell me the process of TR->RIR converion? How long it takes? Pros. and Cons. ?Any help is greatly appreciated
Meanwhile company B filed an LC (RIR PD March 2005). This is also pending in P-BEC. But the lawyer has not received any case number nor 45 day letter.The lawyer is not giving much information. Can somebody please tell me the process?
Thanks
I can comment on second item. I was in the same situation (PD March 05 @ D-BEC). There was absolutely no communication from DOL. One fine day in Sept, I got case approval notice (via lawyer). I think there is still hope yours may be done soon.
Meanwhile company B filed an LC (RIR PD March 2005). This is also pending in P-BEC. But the lawyer has not received any case number nor 45 day letter.The lawyer is not giving much information. Can somebody please tell me the process?
Thanks
I can comment on second item. I was in the same situation (PD March 05 @ D-BEC). There was absolutely no communication from DOL. One fine day in Sept, I got case approval notice (via lawyer). I think there is still hope yours may be done soon.
more...

anurakt
01-15 09:19 PM
Pack bags or continue with slavery :) :)
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ArkBird
06-30 02:32 AM
Why you are concerned? Even my wife opened the company and doing business.... That's what EAD is for....
Chill! Life is too small to worry about such things.. You are not doing ANYTHING illegal by opening a company. If anything, USCIS should be glad that their EAD is helping the ailing economy.
Chill! Life is too small to worry about such things.. You are not doing ANYTHING illegal by opening a company. If anything, USCIS should be glad that their EAD is helping the ailing economy.
more...

Jaime
09-12 10:22 AM
Putting a Face to the U.S. Reverse Brain Drain
Real Life Cases
Pablo
A highly-skilled Architect from Mexico, Pablo moved to the U.S. in 1999 when he got a job offer from a New York architecture firm, seeking skilled architects overseas to fill the shortages that the industry faced. Pablo has a Master of Architecture degree with Honorable Mention from the best university in Latin America. Upon arrival in the U.S., Pablo quickly showed that he was an exemplary employee, working hard, late and on weekends and beating all expectations. His wife, also an architect, also outperformed all expectations. Their employers say they have no better employees.
After nearly 10 frustrating years of waiting and with no Green Card in sight, Pablo has job offers in Canada, Australia, France and his native Mexico, and has decided to pack his bags and leave the U.S. in January of 2008. His employer is very upset because their hands are tied and they cannot retain their best employee.
Real Life Cases
Pablo
A highly-skilled Architect from Mexico, Pablo moved to the U.S. in 1999 when he got a job offer from a New York architecture firm, seeking skilled architects overseas to fill the shortages that the industry faced. Pablo has a Master of Architecture degree with Honorable Mention from the best university in Latin America. Upon arrival in the U.S., Pablo quickly showed that he was an exemplary employee, working hard, late and on weekends and beating all expectations. His wife, also an architect, also outperformed all expectations. Their employers say they have no better employees.
After nearly 10 frustrating years of waiting and with no Green Card in sight, Pablo has job offers in Canada, Australia, France and his native Mexico, and has decided to pack his bags and leave the U.S. in January of 2008. His employer is very upset because their hands are tied and they cannot retain their best employee.
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lj_rr
07-08 06:23 PM
So how do we got about claiming these using the codes mentioned.What is the procedure?
more...
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satishku_2000
05-27 05:02 PM
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PBECVictim
07-16 03:34 PM
When did you apply for AP renewal? Did you e-file? Don't worry about RFE on Advance Parole renewal. It could be photo or previous AP approval copy or I-485 receipt missing or incorrect fee. Wait until you get RFE. Please let us know, if it is trivial.
more...
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jonty_11
06-25 05:35 PM
Didnt they just abolish labor substitution?????
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sweet_jungle
11-13 12:54 AM
Yes, I just did that last month. I went to take my FP a week before my actual appointment date. I just walked in on Saturday morning. They were nice and helpful. But I did take my 485 Notice and FP Notice, you do need that. Mine was done in St. Paul, Minnesota service center.
Hi Saroj,
Thanks for the info. I have not got FP notice and it has been over 4 months from I-485 receipt date. Do you think ASC will entertain FP request if I just walk in with I-485 receipt?
SJ
Hi Saroj,
Thanks for the info. I have not got FP notice and it has been over 4 months from I-485 receipt date. Do you think ASC will entertain FP request if I just walk in with I-485 receipt?
SJ
more...
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arnet
06-13 08:46 PM
check with your attroney, in general you can do concurrent I-485 filing along with I-140 (or) if your I-140 pending you can still apply for I-485 with I-140 filing. But I never did this, so check with your attroney now and do it. good luck
Congrats to all who can apply for I 485.oUR situation is that my husband is a fellow in medicine speciality and already been offered a job which he wil start in july 2008.Our details
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv
Congrats to all who can apply for I 485.oUR situation is that my husband is a fellow in medicine speciality and already been offered a job which he wil start in july 2008.Our details
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv
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martinvisalaw
11-05 08:17 PM
I moved to a new company and yet to receive my I-797 approved from INS. My old company visa is valid till May 2010. If they have not revoked it can i still travel out of country and come back?
You should not return showing just the old visa and approval notice for Company A. That would be misrepresenting to CBP that you were still working for Co. A. You need to show the receipt for Co. B's filing to show that you are working for them using portability (I assume you are)
You should not return showing just the old visa and approval notice for Company A. That would be misrepresenting to CBP that you were still working for Co. A. You need to show the receipt for Co. B's filing to show that you are working for them using portability (I assume you are)
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pbojja
11-17 06:22 PM
Hi,
My wife and I are currently working on EAD and have used the AP to entry the US. We will be going to the Canadian consulate to apply for Canadian Visa (want to go on vacation). I had the following questions:-
1) What all papers are required?
2) How long will they issue the canadian visa for? I am planning on obtaining a multiple entry visa. When I was on H1 they issued me a visa which was till the end of my H1 expiration date.
Thanks.
Sorry to be sarcastic but , does your question requires a thread ? simple search in google and canada embassy will answer all your questions .
Vacation trip requires answers from IV ....
My wife and I are currently working on EAD and have used the AP to entry the US. We will be going to the Canadian consulate to apply for Canadian Visa (want to go on vacation). I had the following questions:-
1) What all papers are required?
2) How long will they issue the canadian visa for? I am planning on obtaining a multiple entry visa. When I was on H1 they issued me a visa which was till the end of my H1 expiration date.
Thanks.
Sorry to be sarcastic but , does your question requires a thread ? simple search in google and canada embassy will answer all your questions .
Vacation trip requires answers from IV ....
qualified_trash
05-19 11:49 AM
Immigration laws are a federal mandate. It does not matter where your lawyer is based...........
Try to get a good lawyer. Where they are located should never be a consideration.
Try to get a good lawyer. Where they are located should never be a consideration.
kondur_007
08-28 03:38 PM
Mine is basically a hopeless case.
EB3 India with PD Feb 2007.
My EAD, AP and II140 are all approved because of the July Fiasco and its been more than 180 days since they all got approved.
I have my EAD and AP in hand, but I140 is with employer. I neither have a copy of it, nor the receipt number/tracking for it . All I know is that it is approved. My employer will not give it to me as it is not required by law. I am still working on H1 (haven't used EAD yet)
Recently the client I am working with asked if I would be interested in a full time with them and said I can use my EAD. Is it possible for me to take up this offer without having any details about my I140 except knowing that it is approved.?
PS: I trust my employer. If they said my I140 is approved, then it is.
Safest thing to do: get a copy of I 140 approval and also copy of labor certification from USCIS via Freedom of Information act request (FOIA).
This way, you case will be clean (you need to use AC 21 and new job needs to be same or similar to the one for which you have GC filed; this requires a good attorney's help along with job titile and job description in original labor).
Good Luck.
EB3 India with PD Feb 2007.
My EAD, AP and II140 are all approved because of the July Fiasco and its been more than 180 days since they all got approved.
I have my EAD and AP in hand, but I140 is with employer. I neither have a copy of it, nor the receipt number/tracking for it . All I know is that it is approved. My employer will not give it to me as it is not required by law. I am still working on H1 (haven't used EAD yet)
Recently the client I am working with asked if I would be interested in a full time with them and said I can use my EAD. Is it possible for me to take up this offer without having any details about my I140 except knowing that it is approved.?
PS: I trust my employer. If they said my I140 is approved, then it is.
Safest thing to do: get a copy of I 140 approval and also copy of labor certification from USCIS via Freedom of Information act request (FOIA).
This way, you case will be clean (you need to use AC 21 and new job needs to be same or similar to the one for which you have GC filed; this requires a good attorney's help along with job titile and job description in original labor).
Good Luck.

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