desi3933
05-11 08:30 PM
desi3933,
Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"
In this case they are eligible for FB2A. So it nullifies that.
......
>> In this case they are eligible for FB2A. So it nullifies that.
No they are not. because FB2A applies ONLY if primary applicant is green card holder and I-130 is approved for them. Both the conditions must be met BEFORE I-485 is filed.
If you don't agree with me then ask any attorney and post the response here. Hopefully that will make you see the reasoning.
______________________
Not a legal advice
US citizen of Indian origin
Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"
In this case they are eligible for FB2A. So it nullifies that.
......
>> In this case they are eligible for FB2A. So it nullifies that.
No they are not. because FB2A applies ONLY if primary applicant is green card holder and I-130 is approved for them. Both the conditions must be met BEFORE I-485 is filed.
If you don't agree with me then ask any attorney and post the response here. Hopefully that will make you see the reasoning.
______________________
Not a legal advice
US citizen of Indian origin
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Anders �stberg
May 3rd, 2005, 05:29 AM
Nice work Anders. Personally, I pan for the stuff on the ground and leave the in air stuff static.That's probably a good approach, panning should be eaiser in the slower corners too.
prioritydate
08-14 01:02 PM
A US company is a US company, be it Microsoft, or Cap Gemini, or whatever. For all you know, you may be working with Oracle's consulting division. Are you considered direct employee for Oracle or from a consulting company?
I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.
I do not think there is any logic or facts to support this argument.
Well, I didn't said that I just proved my theory. It was just an assumption.
I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.
I do not think there is any logic or facts to support this argument.
Well, I didn't said that I just proved my theory. It was just an assumption.
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shx
06-29 03:13 PM
This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
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alex77
10-07 04:55 PM
Folks, Please let me know if anyone knows where to send G-28 form if one wants to revoke attorney and be one's own representative?
natrajs
08-30 05:00 PM
Congrats and Best Wishes
Thanks for your support to IV
Thanks for your support to IV
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gsc999
09-12 07:21 PM
Let's redefine:
"laziness" = DOL
"stupidity" = USCIS
----
Please reconsider language of your posts and your bottom line too.
Most IV members may not subscribe to such harsh views
Thanks
"laziness" = DOL
"stupidity" = USCIS
----
Please reconsider language of your posts and your bottom line too.
Most IV members may not subscribe to such harsh views
Thanks
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lusuresh
04-17 12:34 PM
US of A does not allow bonded labor, such type of agreements are not valid and void. Get your GC if possible; the more you bend the more they would like you to bend.
"Better to starve free than be a fat slave."
- Aesop
"Better to starve free than be a fat slave."
- Aesop
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sendmailtojk
03-05 06:27 PM
1. You said you entered US in 12/06 with PP expiring 5/07......if PP has an expiry date of <180 days, the Immigration guy in India normally should not allow you to board the flight.
2. The last issued I-94 is the valid I-94.
3. Your logical option would be to talk to an Immigration Officer in your local USCIS office and do whatever he/she suggests. There are a couple of posts which talk about potential solutions, please research them.
Cheers and Good luck.
2. The last issued I-94 is the valid I-94.
3. Your logical option would be to talk to an Immigration Officer in your local USCIS office and do whatever he/she suggests. There are a couple of posts which talk about potential solutions, please research them.
Cheers and Good luck.
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simple1
10-16 05:15 PM
short answer. "titles are not a problem", only roles matter.
Long answer: -withheld-. update your profile.
Hi,
My green card petition was applied under "Computer and Information Systems Manager" job title. Recently, I get a full-time job offer from another employer with a much lesser salary but, considering the current job market and economy, I've no other option but to accept it. There's one little kink in this new situation: the title for the job I've applied for labor does not match with the one I'm offered (Software Engineer)
These are my questions:
1. Do I really need to apply AC21 now?
2. If I apply AC21 with Software Engineer title what could be the consequence
3. What if I try to get a letter from my new employer with job title as Computer and Information Systems Manager or some similar title. Do you think it'll work?
If anyone has better idea, please advise me. I'd really appreciate all your help.
Thank you very much...
Long answer: -withheld-. update your profile.
Hi,
My green card petition was applied under "Computer and Information Systems Manager" job title. Recently, I get a full-time job offer from another employer with a much lesser salary but, considering the current job market and economy, I've no other option but to accept it. There's one little kink in this new situation: the title for the job I've applied for labor does not match with the one I'm offered (Software Engineer)
These are my questions:
1. Do I really need to apply AC21 now?
2. If I apply AC21 with Software Engineer title what could be the consequence
3. What if I try to get a letter from my new employer with job title as Computer and Information Systems Manager or some similar title. Do you think it'll work?
If anyone has better idea, please advise me. I'd really appreciate all your help.
Thank you very much...
more...
lvinaykumar
04-22 03:42 PM
Wow , that is really cool. and really fast Congrats.....and good luck
Today my wifes attorney informed her that her H1 was selected, non masters, non premium process. He also provided her a WAC number
Today my wifes attorney informed her that her H1 was selected, non masters, non premium process. He also provided her a WAC number
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perm
07-11 04:56 PM
Is this true...? if it is, USCIS is in big trouble.
5. When the law clearly says that USCIS could allot only 10% of visas per month which is 14K, under what basis USCIS issued 60K visas in the month of June 2007. Here is the link to that law. http://ecfr.gpoaccess.gov/cgi/t/text....6.1.1&idno=22
link not working
5. When the law clearly says that USCIS could allot only 10% of visas per month which is 14K, under what basis USCIS issued 60K visas in the month of June 2007. Here is the link to that law. http://ecfr.gpoaccess.gov/cgi/t/text....6.1.1&idno=22
link not working
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joelly
04-05 03:49 PM
I am not sure about the time frame, but your worst case scenario will be if your old company revoke your I-140, then you can't port your PD.
Another option for you is to stay in the same company and re-apply new LC under PERM with EB2 requirement this time. If you are willing to do this, then you won't have to worry about the possible revocation.
Good luck!!
Another option for you is to stay in the same company and re-apply new LC under PERM with EB2 requirement this time. If you are willing to do this, then you won't have to worry about the possible revocation.
Good luck!!
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mihird
03-15 10:50 AM
As such residency on h1b is extremely in recent times so I guess same is with fellowship.
You meant, getting residency on h1b is extremely 'difficult' in recent times? Anyways, if your wife has once got a residency on H1, getting a fellowship on H1 should not be that difficult. Hospitals are much easier on physicians that are already on a H1 status...its the same as its the case with IT employers...once on a H1, its easier to move around on a H1..
Just like my wife, your wife too now has sufficent H1 years to get through both residency and fellowship, I guess, so running out of time is not a problem either.
Only thing, people like you and me need to worry about is what if the residency is pursued at a non-profit (quota exempt H1) and wife decides to pursue fellowship at a for-profit (quota H1).
In that scenerio, fellowship on a H1 might be a bit of a problem...
I suggest, if your wife has already started residency on H1, avoid thinking of getting onto a J1 ever.
You will unnecessarily complicate her immigration profile...
You meant, getting residency on h1b is extremely 'difficult' in recent times? Anyways, if your wife has once got a residency on H1, getting a fellowship on H1 should not be that difficult. Hospitals are much easier on physicians that are already on a H1 status...its the same as its the case with IT employers...once on a H1, its easier to move around on a H1..
Just like my wife, your wife too now has sufficent H1 years to get through both residency and fellowship, I guess, so running out of time is not a problem either.
Only thing, people like you and me need to worry about is what if the residency is pursued at a non-profit (quota exempt H1) and wife decides to pursue fellowship at a for-profit (quota H1).
In that scenerio, fellowship on a H1 might be a bit of a problem...
I suggest, if your wife has already started residency on H1, avoid thinking of getting onto a J1 ever.
You will unnecessarily complicate her immigration profile...
more...
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pidurika
03-10 01:44 PM
We had the same thing (Case transferred to NBC) and we now have an interview notice in April. We do not know what it is about, until we go for the interview. I have another thread I created recently called "485 Interview" that you can visit in this forum.
Good news, as you already put it, is they did not lose our files :-)
AP
Good news, as you already put it, is they did not lose our files :-)
AP
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gc_chahiye
07-22 01:22 PM
EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
I thought EAD renewals are now free (included in the initial filing fee if filed after July 31). So no revenue loss and less workload for USCIS if they go for 3 years.
"DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."
Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA
This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?
I thought EAD renewals are now free (included in the initial filing fee if filed after July 31). So no revenue loss and less workload for USCIS if they go for 3 years.
more...
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peer123
04-17 09:19 AM
Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.
I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
and system analysis - mentioned in related occupation
the approval job code is 13-1111.00 - the new title i am getting is system analyst.
I did check, job code is 13-1111.00. the two titles used in labor cert are principal management consultant -system analysis - this is primary
and system analysis - mentioned in related occupation
the approval job code is 13-1111.00 - the new title i am getting is system analyst.
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cox
August 22nd, 2005, 09:14 AM
A shot of Coit Tower in SF using the same technique. 3.2s exposure. I like the sense of motion. I'll try some cars next.
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InTheMoment
02-05 06:53 PM
Good, the doc is moving along well to the observership which is a way to build brownie points in one's resume when applying for the residency match. It is a different issue, nevertheless, that several good hospitals do not bother to consider observership as a significant credential when assessing candidates for residency.
As such it is a non-clinical and non-payroll position and he/she might as well can do it on B2 (visitor). So there are no visa issues as such.
Well, my wife is doing her residency in a hospital affiliated to one of the top 2 univ programs in the US and hence the knowledge of these facts. I really emphatize with the double whammy type challenges docs have to face i.e professionally as well as with immigration/J-1/H-1 issues.
As such it is a non-clinical and non-payroll position and he/she might as well can do it on B2 (visitor). So there are no visa issues as such.
Well, my wife is doing her residency in a hospital affiliated to one of the top 2 univ programs in the US and hence the knowledge of these facts. I really emphatize with the double whammy type challenges docs have to face i.e professionally as well as with immigration/J-1/H-1 issues.
Maverick_2008
04-07 05:59 PM
Not trying to set a precedence at all but just sharing my personal experiences. What happened to me may not happen to others - so, better to follow the right process/protocol. Whether it has any impact on 485 or not is unknown to me (unlike you, I don't know anyone who has had any issues as a result of I-94) but holding the document back deliberately at the point of departure won't do much good for sure.
Maverick_2008
Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.
Maverick_2008
Rules change , processes change, dont set a precedence by saying not retuning is fine ,in my opinion it is better to return the I 94 .If they decide to closely scrutinize your case you could be issued RFE to submit all the copies of all I 94s and question you . I 94s serve a purpose , you are lucky that you had no issues , I have had seen a few friends who did not realise the importance of I 94 had to go thru major hassles due to it. I 94 is an improtant document please dont treat this matter lightly. I 94 defines the legal status and the length of your stay in thus country.
Airline staff can make mistakes thats why it is always better to make copy of the I 94 and keep for you records, the burden on proof is on you and not USCIS to show that you were legal status in this country all the while.
sandy_anand
04-07 09:42 AM
I do not know them personally.. I came across those cases on T.. r. A. c. K. i. T. t. :)
Thanks :)
Thanks :)
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