smiledentist
06-21 11:16 AM
anyone
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chanduv23
09-16 01:17 AM
Yes Everyone
Bring Uncles And Aunts
Bring Wife And Children
Bring Cousins
Bring Friends
Bring Girlfriend/boyfriend
We Need You All -
Everyone To Dc
Bring Uncles And Aunts
Bring Wife And Children
Bring Cousins
Bring Friends
Bring Girlfriend/boyfriend
We Need You All -
Everyone To Dc
tabletpc
03-18 01:40 PM
rrk,
you ned to be more specific about your situation in order for us to give our 2 cents.
1. Did you get EAD thru your spouse...???
2. If Not then being on bench is not good since you are on H1b. Try to to get employed...ASAP.
you ned to be more specific about your situation in order for us to give our 2 cents.
1. Did you get EAD thru your spouse...???
2. If Not then being on bench is not good since you are on H1b. Try to to get employed...ASAP.
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kishdam
11-06 03:32 PM
All Guru's
I have only 2 options:
1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK
2) Do not take the Company B offer (but this is very good offer)
The question is: is a copy of I140 is that important to use AC21 . From the posts on IV forums I got the impression is you dont even need a copy of I140. The important thing is to apply for change of attorneys immediately after changing the job. If you get any RFE - you will get on the employment verification - then you need to show you have a job that is same/similar as the one in labor certification. If you know the job description (generally most employers attorneys share this info to make sure that you have relevant experience) then make sure your new job is same or atleast mostly similar.
In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).
I have only 2 options:
1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK
2) Do not take the Company B offer (but this is very good offer)
The question is: is a copy of I140 is that important to use AC21 . From the posts on IV forums I got the impression is you dont even need a copy of I140. The important thing is to apply for change of attorneys immediately after changing the job. If you get any RFE - you will get on the employment verification - then you need to show you have a job that is same/similar as the one in labor certification. If you know the job description (generally most employers attorneys share this info to make sure that you have relevant experience) then make sure your new job is same or atleast mostly similar.
In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).
more...
laksmi
07-19 05:03 PM
Is it possible to verify PIMS name check clearance before we attend the consulate in india.
GCard_Dream
09-20 05:31 PM
How does that help us?
.. by trying to get our provisions included in this bill .. Duh..
.. by trying to get our provisions included in this bill .. Duh..
more...
Saralayar
03-18 02:01 PM
There are many applicants who are at the 485 stage waiting for years. Some have recieved RFE on their case. The case status says "Case Resumed" once the documents requested are submitted.
It would be nice if we can get a administrative fix to have USCIS update the case status as "Pre-Adjudicated waiting on Visa Availability". This should also trigger them to also issue EAD and AP for longer periods.
Apart from the peace of mind, this would definately help applicants to take some bold steps like buying a house or starting a business and investing, etc. If none of these are in someone's interest, they could atleast get a drivers license that lasts a longer time:)
Yes it is a good idea.
It would be nice if we can get a administrative fix to have USCIS update the case status as "Pre-Adjudicated waiting on Visa Availability". This should also trigger them to also issue EAD and AP for longer periods.
Apart from the peace of mind, this would definately help applicants to take some bold steps like buying a house or starting a business and investing, etc. If none of these are in someone's interest, they could atleast get a drivers license that lasts a longer time:)
Yes it is a good idea.
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Sachin_Stock
09-03 01:21 PM
Other EB2 threads have so much rejoicing going on, that we Eb3 folks are virtually left out as orphans!:mad:
more...
vikki76
02-13 12:45 AM
MS+0 works fine for EB2. Couple of my friends have got GC through this qualification only.They were B.Tech Computer Science + Master Computer Science (US)
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Alabaman
11-04 08:45 PM
Whenever you want to switch jobs, you have to apply for a whole new H1.
Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.
How often does a denial happen in a case of H1 "transfer"? Do you know? Why would a transfer be denied?
Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.
How often does a denial happen in a case of H1 "transfer"? Do you know? Why would a transfer be denied?
more...
saps
01-08 07:40 PM
Please help.
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Ann Ruben
07-22 09:55 PM
I have also had success using just the online printout, but to be safe, you should make a Freedom of Information Act request for a copy of the I-140 approval notice. This is relatively easy to do-just follow the instructions on the USCiS website USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD ).
I do not think that the denial of a petition for extension of H-1B status, in and of itself, would effect your pending I-485.
I do not think that the denial of a petition for extension of H-1B status, in and of itself, would effect your pending I-485.
more...
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njboy
03-07 06:36 AM
it would be difficult to show how a french degree is useful in your current job. Many companies get h1-b approved by showing a "business necessity"..ie, they need travel agents who speak a certain Indian language etc. Doing an MBA definitely will help, but not with the current job description. They are going to ask why the job requires an MBA?Ofcourse if you got a job teaching French, h1-b visa will be granted.
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langagadu
02-27 02:39 PM
I like your handle though, haider420
I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..
I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..
more...
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hpandey
01-24 12:34 PM
Maybe your lawyer should jump into the well or go back to school ;)
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knnmbd
03-24 08:55 PM
Guys!! I have no idea what can bring sense to all of us and unify our voice. America is not our " Fathers or In -Laws " house to give or grant what we want. There is a reason behind why STEM has been established...because there is a shortage for highly skilled and intellectual people. They dont need any software engineers because the golden period of 90s for tech boom is done....now the boom is in BANGALORE!!! So guys jobs have been outsourced and there is no big demand for the techies...and we all know it..DONT WE??? Coming to MBA's i have mentioned this in my earlier post too, there are so many MBAs already here and nstead of mindlessly saying we want MBA's included or we should get EADs for H4 or the next Pope should be an H1B waiting for GC, we should concentrate on efficency of USCIS, increasing the number of Visas rather than adding clauses based on our whims and fancies. America needs Engineers, Scientists, Mathematicians, Biologists, Professors who will bring about innovation and be involved in research because thats what drives a country. What can we techies contribute other than programming which by the way people in INDIA are doing for less if not any better. Just by paying taxes we cant call what they are doing is unjust against human rights ...etc How many of us tried to write or call our own Netas in India against corruption or any other slight problem.When we didnt exercise our right there...this country is not even ours how can we expect them to show pity on us and include the clauses we want. We have to our earn the rights to get permanent residency and for that if one has to get a Masters Degree maybe thats the price. A lot of Students come to America on F1 by spending on an average 15000 t0 20000K and sometimes more and after the downturn when there were no jobs some of these students even paid for a second masters and even Phds without aid when we in california raked in sign in bonuses and all other moolah. Maybe this is the pay back time for people with advanced degrees and lets all accept it gracefully. I know each of us want to continue to live the good old American dream but although the truth is bitter lets be rational with our demands and work towards an educated goal.
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sankap
07-20 01:47 PM
If we register our marriage in the US, say, today, wouldn't that conflict with the marriage affidavits we submitted for H4 etc? Those bear the wedding's original date.
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gc_chahiye
09-24 04:10 PM
Message for USCIS:
PERPETUAL EAD AND AP - STOP STEALING OUR MONEY AND CREATING MORE WORK FOR YOURSELF
they are not stealing your money. The current situation can be explained on the basis of existing laws. Need to be careful about our messaging.
The very fact that all fixes we are asking for are legislative changes implies that the current situation has less to do with USCIS and more with old arcane laws. There are a lot of things USCIS can be accused of, but not 'stealing money'
PERPETUAL EAD AND AP - STOP STEALING OUR MONEY AND CREATING MORE WORK FOR YOURSELF
they are not stealing your money. The current situation can be explained on the basis of existing laws. Need to be careful about our messaging.
The very fact that all fixes we are asking for are legislative changes implies that the current situation has less to do with USCIS and more with old arcane laws. There are a lot of things USCIS can be accused of, but not 'stealing money'
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rajpatelemail
01-15 06:40 AM
Are we screwed by DOL ? -Changing Environment of PERM Labor Certification Application
From immigratgion-law.com Mathew Oh Blog link--->>>
01/15/2009: Changing Environment of PERM Labor Certification Applications
I reported quite earlier and repeatedly the changes in the PERM application process, most noticeably since August 2007. The change was in part triggered by the political pressures relating the various release of fraud investigation reports involving foreign labor certifications. Accordingly, the DOL adopted "integrity" as the focus and goal for the PERM program beginning from FY 2008. As part of the move, it has been reengineering the PERM and termporary labor certification programs including revision of the filing forms (ETA 9089 and ETA 9035). The rule making process for such changes has lately been completed and as a preparatory step to launch the reengineered foreign labor certification program, they have just announced that they are scheduling briefing sessions in the first part of February 2009 for the public and stakeholders to introduce the new program. Initial information indicated that the new program was going to be launched in the late Spring, but this briefing schedules more or less imply that the change in PERM application may come somewhat sonner than the "late" Spring. The reengineered ETA 9089 incorporates many features that are intended and targeted to achieve integrity of the labor certification process. For the reasons, the DOL performance report lowered the target processing time from less than two months in earlier days to six months. Surprisingly, though, even before they launched the new PERM program, the processing times have already reached six months or longer, partly owing to the lawsuit settlement and case loads with earlier priority dates under the settlement turned into the regular non-audit processing queue. Reportedly, this and other factors have caused recent priority date cases caught and frozen in the processing queue. Until recently, no approval of cases with priority dates later than May 2008 has been reported. However, people start seeing reports during the last few days that June 2008 cases have been adjudicated and certified, implying that the impact of the aftermath of the lawsuit settlement started diminishing. However, the immigrant community may not see any dramatic changes in the processing times in the future because of the upcoming launch of the reengineered PERM program.
Another environment, other than program focus on "integrity," that will cause continuous and difficult labor certification process is the economic recess producing massive unemployment. Since availability of certification of PERM applications should be footed on "unavailability" of qualified and "available" U.S. workers, it appears that the Office of Foreign Labor Certification is launching mechanisms to achieve "integrity" of labor certification under the ever increasing unemployment rate since rising unemployment implies that more and more qualified U.S. workers may be available in the labor markets in various areas and regions. One mechanism which they have already announced is to conduct research of unemployment rate in the job site locations and its surrounding areas by reaching commercial and noncommercial websites before they adjudicate the applications. Related to this mechanism, it appears that the adjudicators may mobilize "supervised recruitment" mechanism to require the employer's rerecruitment activities under the supervision of the OFLC when they consider or suspect the employers' claims of unavailability of U.S. workers are considered dubious considering various circumstances, including the changing labor market conditionss and high unemployment situation in the areas. Potential use of the second mechanism may be implied from the FAQs on Supervised Recruitment which the office has just released on its website. The announcement states that clean supervised recruitment cases may be completed in about six months, but it is obvious that most of these cases may take much and much longer than six months. Another fall-out of potential focus on supervised recruitment mechanism is the accompanying policy of pogtential increased debarment of employers and lawyers who are suspected to file PERM applications with misrepresentations. Accordingly, the byproduct of exercise of the supervised recruitment will be more likely increase in the number of debarment of employers and their representatives.
Under the changing environment, what should the employers do? (1) They should quickly familiarize themselves with the new PERM program. Since the new form requires different standards and procedures, their ongoing receruitment may produce a result that does not conform with the new program. Participation in the upcoming breafing sessions in San Diego and Washington D.C metropolitan area in the first week of February may be one way to achieve it. (2) Employers and representatives may initiate their own research on the changing labor market situation in the area where the application is filed and may be prepared for potential supervised recruitment decisions of the agency, should they find the unemployment rate is exceedingly high or the employers themselves have the record of lay-off of their own employees. All of these may have to be done before they develop recruitment plans and strategies. (3) Employers should review and comply, as closely as possible, with the O*Net job zones and acceptable level of education, experience, and special requirements under the O'Net system. ghe more the employer deviates in requirement from the job zone standards, the more they may face challenges including audits and even supervised recruitment. Considering the prediction of further increase of unemployment rate and deterioration of nation's economy this year, the foregoing may be a challenging task for the employers
From immigratgion-law.com Mathew Oh Blog link--->>>
01/15/2009: Changing Environment of PERM Labor Certification Applications
I reported quite earlier and repeatedly the changes in the PERM application process, most noticeably since August 2007. The change was in part triggered by the political pressures relating the various release of fraud investigation reports involving foreign labor certifications. Accordingly, the DOL adopted "integrity" as the focus and goal for the PERM program beginning from FY 2008. As part of the move, it has been reengineering the PERM and termporary labor certification programs including revision of the filing forms (ETA 9089 and ETA 9035). The rule making process for such changes has lately been completed and as a preparatory step to launch the reengineered foreign labor certification program, they have just announced that they are scheduling briefing sessions in the first part of February 2009 for the public and stakeholders to introduce the new program. Initial information indicated that the new program was going to be launched in the late Spring, but this briefing schedules more or less imply that the change in PERM application may come somewhat sonner than the "late" Spring. The reengineered ETA 9089 incorporates many features that are intended and targeted to achieve integrity of the labor certification process. For the reasons, the DOL performance report lowered the target processing time from less than two months in earlier days to six months. Surprisingly, though, even before they launched the new PERM program, the processing times have already reached six months or longer, partly owing to the lawsuit settlement and case loads with earlier priority dates under the settlement turned into the regular non-audit processing queue. Reportedly, this and other factors have caused recent priority date cases caught and frozen in the processing queue. Until recently, no approval of cases with priority dates later than May 2008 has been reported. However, people start seeing reports during the last few days that June 2008 cases have been adjudicated and certified, implying that the impact of the aftermath of the lawsuit settlement started diminishing. However, the immigrant community may not see any dramatic changes in the processing times in the future because of the upcoming launch of the reengineered PERM program.
Another environment, other than program focus on "integrity," that will cause continuous and difficult labor certification process is the economic recess producing massive unemployment. Since availability of certification of PERM applications should be footed on "unavailability" of qualified and "available" U.S. workers, it appears that the Office of Foreign Labor Certification is launching mechanisms to achieve "integrity" of labor certification under the ever increasing unemployment rate since rising unemployment implies that more and more qualified U.S. workers may be available in the labor markets in various areas and regions. One mechanism which they have already announced is to conduct research of unemployment rate in the job site locations and its surrounding areas by reaching commercial and noncommercial websites before they adjudicate the applications. Related to this mechanism, it appears that the adjudicators may mobilize "supervised recruitment" mechanism to require the employer's rerecruitment activities under the supervision of the OFLC when they consider or suspect the employers' claims of unavailability of U.S. workers are considered dubious considering various circumstances, including the changing labor market conditionss and high unemployment situation in the areas. Potential use of the second mechanism may be implied from the FAQs on Supervised Recruitment which the office has just released on its website. The announcement states that clean supervised recruitment cases may be completed in about six months, but it is obvious that most of these cases may take much and much longer than six months. Another fall-out of potential focus on supervised recruitment mechanism is the accompanying policy of pogtential increased debarment of employers and lawyers who are suspected to file PERM applications with misrepresentations. Accordingly, the byproduct of exercise of the supervised recruitment will be more likely increase in the number of debarment of employers and their representatives.
Under the changing environment, what should the employers do? (1) They should quickly familiarize themselves with the new PERM program. Since the new form requires different standards and procedures, their ongoing receruitment may produce a result that does not conform with the new program. Participation in the upcoming breafing sessions in San Diego and Washington D.C metropolitan area in the first week of February may be one way to achieve it. (2) Employers and representatives may initiate their own research on the changing labor market situation in the area where the application is filed and may be prepared for potential supervised recruitment decisions of the agency, should they find the unemployment rate is exceedingly high or the employers themselves have the record of lay-off of their own employees. All of these may have to be done before they develop recruitment plans and strategies. (3) Employers should review and comply, as closely as possible, with the O*Net job zones and acceptable level of education, experience, and special requirements under the O'Net system. ghe more the employer deviates in requirement from the job zone standards, the more they may face challenges including audits and even supervised recruitment. Considering the prediction of further increase of unemployment rate and deterioration of nation's economy this year, the foregoing may be a challenging task for the employers
vikki76
04-21 05:43 PM
This is first one I am hearing. If your occupation was anywhere in IT (QA, Programmer, Web Developer, DBA, ERP (SAP/Oracle financials), semiconductor etc),,it should have gone through
InTheMoment
11-17 02:51 PM
STAmisha,
My lawyer has initiated conversion of my TR case to a RIR. As per the FAQ provided by him, provided that the job duities and title is the same; he will get a prevaling wage determination from the SWA (this is the stage where I am right now), next he would post the ads for 10 days.... and continue with the regular recruiting procedure as per the RIR rules.
As per his estimate he would be able to file the RIR conversion request (with the recruitment data) to the Philly BEC in 2-3 weeks.
If you want I can e-mail his deatiled FAQ to you.
:)
My lawyer has initiated conversion of my TR case to a RIR. As per the FAQ provided by him, provided that the job duities and title is the same; he will get a prevaling wage determination from the SWA (this is the stage where I am right now), next he would post the ads for 10 days.... and continue with the regular recruiting procedure as per the RIR rules.
As per his estimate he would be able to file the RIR conversion request (with the recruitment data) to the Philly BEC in 2-3 weeks.
If you want I can e-mail his deatiled FAQ to you.
:)
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