gcisadawg
06-26 01:16 PM
1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
wallpaper 2010 30th birthday cake ideas
hope4gc
04-02 08:08 AM
Gurus,
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
peekay
12-17 02:23 PM
pmat, thanks very much.
2011 30th Birthday Cake For Men.
desi3933
05-14 10:12 AM
Hi,
My PD is 2006 under EB-2 category. My family and I filed for GC on the same day. Now, I am planning to file a new I-140 under EB1. My kid is going to be 18 soon. What is the age limit for dependent to file for GC with the parents?
Your reply is greatly appreciated.
Thank you!
As per INA Sec 101(b), the definition of child is dependent who is unmarried and under 21 years old. The Child Status Protection Act (2002) provides some additional relief. This article could be useful for you -
http://www.ilw.com/articles/2006,0119-eiss.shtm
My PD is 2006 under EB-2 category. My family and I filed for GC on the same day. Now, I am planning to file a new I-140 under EB1. My kid is going to be 18 soon. What is the age limit for dependent to file for GC with the parents?
Your reply is greatly appreciated.
Thank you!
As per INA Sec 101(b), the definition of child is dependent who is unmarried and under 21 years old. The Child Status Protection Act (2002) provides some additional relief. This article could be useful for you -
http://www.ilw.com/articles/2006,0119-eiss.shtm
more...
zico123
05-17 11:02 AM
BBC news article: http://news.bbc.co.uk/2/hi/business/6665913.stm
A diplomatic row is brewing between the US and India over how companies issue temporary working visas to staff.
.....
Mr Nath {Indian commerce minister Kamal Nath} says that he is concerned that the US authorities want to reduce the number of temporary working visas issued each year.
A diplomatic row is brewing between the US and India over how companies issue temporary working visas to staff.
.....
Mr Nath {Indian commerce minister Kamal Nath} says that he is concerned that the US authorities want to reduce the number of temporary working visas issued each year.
beebot
02-18 09:38 AM
Your french degree has no compelling equivalency to a masters degree in u.s. educ. level. specially you are just a neophyte in your field (1yr) better apply in quebec ...:( :(
more...
watzgc
11-16 03:07 PM
hi pdoc05,
thanks for the reply.
plz update me the status ...
urs sent TSC or NSC ?
thanks,
thanks for the reply.
plz update me the status ...
urs sent TSC or NSC ?
thanks,
2010 hairstyles 30th Birthday Cake
newyorker123
06-11 09:54 AM
Thanks xlr8r, anybody pls tell me
Did I need to send my FOIA request to the following address apart from National Records Center ?
Customs and Border Protection
Burlington Human Resources Office,
70 Kimball Avenue,
South Burlington, Vermont 05403-6813
Did I need to send my FOIA request to the following address apart from National Records Center ?
Customs and Border Protection
Burlington Human Resources Office,
70 Kimball Avenue,
South Burlington, Vermont 05403-6813
more...
Blog Feeds
10-28 01:10 PM
AILA Leadership Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
hair Cake Designs For 30th Birthday
gc_on_demand
07-23 03:47 PM
View a Hearing or Meeting (http://judiciary.senate.gov/hearings/hearing.cfm?id=4007)
Senate Judiciary Committee
Subcommittee on Immigration, Border Security and Citizenship
DATE: August 6, 2009
TIME: 10:00 AM
ROOM: Dirksen-226
OFFICIAL HEARING NOTICE / WITNESS LIST:
July 23, 2009
NOTICE OF RESCHEDULED SUBCOMMITTEE HEARING
The hearing on "Comprehensive Immigration Reform Roundtable: Employment-Based Immigration to Propel America's Economy While Protecting America's Workforce" scheduled before the Judiciary Committee, Subcommittee on Immigration, Refugees and Border Security, for Wednesday, July 29, 2009 at 2:15 p.m. will now take place on Thursday, August 6, 2009 at 10:00 a.m.
By order of the Chairman.
I think health care is shifting towards fall so all CIR related hearing and talks will shift too.
Senate Judiciary Committee
Subcommittee on Immigration, Border Security and Citizenship
DATE: August 6, 2009
TIME: 10:00 AM
ROOM: Dirksen-226
OFFICIAL HEARING NOTICE / WITNESS LIST:
July 23, 2009
NOTICE OF RESCHEDULED SUBCOMMITTEE HEARING
The hearing on "Comprehensive Immigration Reform Roundtable: Employment-Based Immigration to Propel America's Economy While Protecting America's Workforce" scheduled before the Judiciary Committee, Subcommittee on Immigration, Refugees and Border Security, for Wednesday, July 29, 2009 at 2:15 p.m. will now take place on Thursday, August 6, 2009 at 10:00 a.m.
By order of the Chairman.
I think health care is shifting towards fall so all CIR related hearing and talks will shift too.
more...
jthomas
10-18 04:47 PM
I am not sure i understood your question. Is it H1B interview date or H1B stamping. In case of H1B stamping, the dates are normally booked but keep checking vhs..... website and you may find a slot. I used to check everyday and after a month i saw few slots available on december. However, the consulate answers to emails promptly and i was once told that for H1B stamping can be done if notified 14 days in advance.
hot hairstyles cake ideas for 30th
Anders �stberg
May 14th, 2004, 12:51 AM
I've taken a lot of bird pictures that have to be cropped even more than this. While I'm not happy with the detail it is still quite possible to see what bird it is :) and maybe the best I can do with my current lenses. Until I get a better opportunity and get closer to the bird I'll accept the picture, at least for my own archive. I think your frog picture is acceptable at that size, and could perhaps also be improved a bit more with some creative noise reduction and sharpening to give the impression of being a bit better than it is. I agree digital is amazing, there's indeed a lot of info that can be extracted from the megapixels.