Wednesday, June 15, 2011

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  • file485
    09-27 11:16 AM
    this is a hot topic right now..!!

    many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)

    anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..

    In no way,this situation can be treated as a substituted labor...

    So may I take it from this thread, bottom line that we cant do it..





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  • I-485 approval
    08-24 10:52 AM
    Hello Prashanthi

    Thanks for your valuable input. The Info pass officer told me verbally that my case is now in EB2 but I don't have any written confirmation from USCIS.

    How can I get the written communication from USCIS? Please advice.

    Thanks





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  • peer123
    04-17 10:05 AM
    How did you find what job code your labor was applied for?

    it is on the approved labor certificate, that my lawyer gave me





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  • ufo2002
    09-12 01:41 PM
    don't remember the source, but I remember reading in the last week that the backlog reduction at CIS is not a true reduction, but because CIS has redefined what "backlog" means. This may refer to the discounting of the 1 million that are backlogged due to visa unavailability (quoted in gonzalez's report), but I woudn't be surprised if the "new definition" is not also contributing to the remaining 140K cases backlog reduction.

    Let's redefine:

    "laziness" = DOL
    "stupidity" = USCIS



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  • diptam
    06-08 01:11 AM
    rimzhim , Totally agree with ya ...

    http://www.foxnews.com/story/0,2933,279213,00.html





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  • ashishgour
    09-10 11:11 PM
    Ordered 2 T-shirts n 2 IV Caps..
    See u all in DC..



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  • yabadaba
    06-22 02:54 PM
    bump up





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  • natrajs
    09-25 02:05 PM
    Wow, Very good one

    Thank Q



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  • nit_sea
    01-04 01:14 PM
    Probably I did not make myself clear .
    I don't care about any in-state tution or financial assistance .

    My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

    Here is the timeline

    Nov 2010 - COS from H4 to F1 approved in US.
    Dec 2010 - Went to india for F1 Stamping and it was denied.
    Jan 2011 - Came to US on H4 visa .

    Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?





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  • heavencard
    05-15 04:26 PM
    Thank you everyone for your responses.

    I am thinking to go for education evaluation through Attorney and based on the evaluation I can decide. But honestly, I am discourage to apply under EB3 due to current prevailing scenario and it is uncertain when finally I will have GC in hand.



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  • Catherine
    06-23 09:46 AM
    The link and article are a little confusing in that they say that divorce does not affect immigration status once a green card has been issued. This is not always correct. I have a green card but it has conditions, i.e. an expiration date. This is what married couples have to apply to have removed after two years (actually in a 90 day window prior to the two year anniversary of receiving the card).

    If you divorce prior to that date, you will be unable to file jointly (or at least, technically you shouldn't, though I've heard of some couples that may have done so as their relationship is still amicable) to have the conditions removed and attain unconditional residency.

    Thus, you could have a green card (with conditions) and divorce WOULD affect your immigration status. As per the article, you would need then to file a waiver to have the conditions removed and keep your green card past its expiration date.

    Hope that helps someone.





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  • lsuk
    07-21 10:24 PM
    GCKarma,
    You can extend your H-1B up to three years, but if you use your EAD card at some point, your H-1B is void. However, you can always recaputure your H-1B time later if needed (and if counted within the last 6 years unless left the U.S. for one year) and will be eligible for your extensions later.



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  • dealsnet
    07-16 09:52 AM
    According to the law, you are not liable to pay it. They can't force you to pay. But if you are out of project and desperate, just agree for the clause and get that job.

    I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).

    I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.

    Any help is appreciated.

    Thanks
    R





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  • GCBatman
    04-13 10:42 AM
    Thanks gcisadawg.
    I do not think 1st option will work for me since I was told by my old company that I SHOULD move my 401 K.
    I do not have any existing IRA account kindly provide more details how I can set it up & how long it take to set it up?
    Thanks,

    You have multiple options.
    1> Just keep the money with your old company. This is possible if the balance is above 5K.
    You can shift as soon as you set up a new 401K plan with your new company. Check with your current HR if they allow this. In my company, they do allow this.

    2> Shift the money to a new/exsisting IRA.

    Either case, first open the account and ask your current 401K custodian to write a cheque to new 401K/IRA custodian. If they write a cheque directly to you, they may withhold tax.
    If you don't deposit within specific time period then you would incur tax and 10% penalty.

    -GCisaDawg



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  • gceverywhere
    06-10 02:15 PM
    Bump..^





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  • glus
    09-11 09:13 AM
    Just ordered a t-shirt from NY.



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  • meridiani.planum
    04-01 01:30 AM
    At least, get a letter from your employer stating they won't revoke your I-140. If they agree to do so, then file a G-28 appointing a new attorney of your choice; however, if you are happy with your current one and find them affordable, let them know and ensure they will handle your case independent of your employer.

    Cheers.

    the G-28 is only going to help for I-485 point of view.

    The problem the OP is facing is that there is a potential for an RFE on the I-140. That is the employers petition and presumably the employers lawyer, and they are not going to change that. Until the I-140 is done and approved, a change of employer in any case where there is a potential for I-140 RFE is extremely risky. Not worth taking a chance in my opinion.





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  • indianabacklog
    07-31 12:22 PM
    Guys,

    don't worry.

    The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!

    They can't age out children just because they sit on an application for 5 years...

    Relax..
    I think at the present time this could be in doubt in all honesty since the USCIS have said there are no visa numbers available and are only accepting applications since they screwed up. So in essence there are no priority dates that are current. Your age is only set in 'stone' if your I485 is submitted when a visa number is available to you and that is not the case through August 17th.

    Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.





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  • cool_desi_gc
    08-10 11:15 AM
    Guys please dont make such comments and scare everyone...There is no rule that that address shud match the address in ur 485 application.USCIS is not so dumb to look at the address on each of the check.No one ever in this country will ever validate the address on checks...no worries guys





    indianabacklog
    07-30 08:59 PM
    The priority date for children who might age out is fixed at the time of your I140 filing. So if you I140 took six months to approve this can be taken off the age of the child when the labor priority date becomes current. So even if you file when a child is 20 and a half and you have to wait for two years for the date to become current, unless the I140 took 1 and a half years their age will be over 21 when the green card can be processed so they age out of derivative status.

    Good luck to those who are facing this. I do understand your anxiety since my son aged out while I was waiting three and half years for my labor cert. It would seem that this 'black hole' in the employment based process is non existent to the people who can change it.

    Not sure what the future holds for such children, maybe there is some greater plan which we are not aware of yet.

    I do see one advantage they cannot be called up for military service (for the USA) on a non-immigrant visa whereas they can if they have a green card. While I understand fighting is a noble cause I would not want my son to fight for our country of origin either.





    QuickGreenCard
    04-21 01:22 PM
    Thank you again!!



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