kuhelica2000
10-18 08:58 PM
Did you have to change your address while you switched jo?. And if you had changed address, did you inform USCIS. I am trying to find out if address chnge is what triggers RFE for job switch. Also were you on H1B or using EAD with previous employer.
I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.
Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.
Good luck.
I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.
Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.
Good luck.
wallpaper pictures of hands holding.
BEC_fog
04-23 10:55 AM
Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
hpandey
12-26 01:31 PM
Both are wrong answers .. no one is an alien .. we are all human beings :D
Just kidding ..
But on a serious note I think we fall under non-resident alien.
Just kidding ..
But on a serious note I think we fall under non-resident alien.
2011 tattoos of hands holding. of
MAEB2TR
09-04 10:29 AM
I-485 with EB2 PD Sep 06 send on July 18. Once I receive the RN, I will apply for I-140 with EB2 PD March 2003 and request to transfer my pending I-485 application to the newly filed I-140 petition since my PD is current in September.
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zofa30
09-13 04:21 PM
Hi a_yaja,
Thank you very much for taking the time to give me an example. I appreciate it. I just have some comments/questions that will further clarify the situation for me.
1- You mantioned "For your date to be current, the cut-off date has to be July 8th, 2010 or later." I think you ment that the cut-off date has to be July 7th, 2006 or later because my Priority Date is July 7th, 2006 based on the example you gave?
2- Could you please guide me to the bulliten that states the cut off date for countries. That will help me to understand if it worth to worry about porting the PD or not.
3- I am not from China or India. Is that mean the priority date is current for Eb-2 + perm (employment based (2nd category))? If this is the case why should I worry about porting PD from old EB2 to new EB2?
Thanks,
Thank you very much for taking the time to give me an example. I appreciate it. I just have some comments/questions that will further clarify the situation for me.
1- You mantioned "For your date to be current, the cut-off date has to be July 8th, 2010 or later." I think you ment that the cut-off date has to be July 7th, 2006 or later because my Priority Date is July 7th, 2006 based on the example you gave?
2- Could you please guide me to the bulliten that states the cut off date for countries. That will help me to understand if it worth to worry about porting the PD or not.
3- I am not from China or India. Is that mean the priority date is current for Eb-2 + perm (employment based (2nd category))? If this is the case why should I worry about porting PD from old EB2 to new EB2?
Thanks,
IamWithImmiVoice
06-17 09:00 PM
Contributed 100 dollars. Hopefully everyone here contributes and we meet our goals..
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hianupam
04-16 01:49 PM
wht field u and ur wife work on??
Both of us work in the energy (electricity) industry.
Both of us work in the energy (electricity) industry.
2010 tattoo holding hands on the
mast_mastmunda
11-10 02:00 AM
Dear Friends/Experts,
I am planning to go to India for my marriage.
- I have an H1B visa stamped on my passport from my previous employer "A"...The H1B stamped on my Indian passport is valid till Oct'2009.
- I made a transfer from EMPLOYER "A" to EMPLOYER "B" in June 2007.
- H1B filed under Premium processing by EMPLOYER "B" was approved on end of June 2007.
- However, the receipt # for EMPLOYER "B" is different than I-797 receipt # of EMPLOYER "A"
The current status which shows on USCIS website at:
https://egov.uscis.gov/cris/jsps/index.jsp
EMPLOYER "A" STATUS:
--------------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On December 12, 2007, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
EMPLOYER "B" STAUTS:
--------------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case approved; approval notice e-mailed.
On June 27, 2007, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Question:
-------------
- I am planning to visit India in end of November' 2008....I was wondering as EMPLOYER "A" H1B is already stamped in my passport and stamp is valid till Oct'2009. I was wondering do i need to get a *NEW* H1B visa stamped?
- My concern is regarding the EMPLOYER "A" H1B Status on USCIS website (above). Does this above status means that H1B from EMPLOYER "A" has been revoked? Do i need to get EMPLOYER "B" visa stamped now?
- The reason I am asking is due to the delay concerns due to PIMS system.:mad: I am planning to get it stamped at NEW DELHI.:confused:
I will appreciate your quick response.
Thanks, :confused::confused:
I am planning to go to India for my marriage.
- I have an H1B visa stamped on my passport from my previous employer "A"...The H1B stamped on my Indian passport is valid till Oct'2009.
- I made a transfer from EMPLOYER "A" to EMPLOYER "B" in June 2007.
- H1B filed under Premium processing by EMPLOYER "B" was approved on end of June 2007.
- However, the receipt # for EMPLOYER "B" is different than I-797 receipt # of EMPLOYER "A"
The current status which shows on USCIS website at:
https://egov.uscis.gov/cris/jsps/index.jsp
EMPLOYER "A" STATUS:
--------------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On December 12, 2007, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
EMPLOYER "B" STAUTS:
--------------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case approved; approval notice e-mailed.
On June 27, 2007, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Question:
-------------
- I am planning to visit India in end of November' 2008....I was wondering as EMPLOYER "A" H1B is already stamped in my passport and stamp is valid till Oct'2009. I was wondering do i need to get a *NEW* H1B visa stamped?
- My concern is regarding the EMPLOYER "A" H1B Status on USCIS website (above). Does this above status means that H1B from EMPLOYER "A" has been revoked? Do i need to get EMPLOYER "B" visa stamped now?
- The reason I am asking is due to the delay concerns due to PIMS system.:mad: I am planning to get it stamped at NEW DELHI.:confused:
I will appreciate your quick response.
Thanks, :confused::confused:
more...
eilsoe
10-15 07:25 PM
Has this thread been forgotten?
I'm still waiting to hear what a "dog's clue" is... :P
isn't the paw pring a standard vector shape in PS7? Or did I download it somewhere...?
hm.... never can remember...
I'm still waiting to hear what a "dog's clue" is... :P
isn't the paw pring a standard vector shape in PS7? Or did I download it somewhere...?
hm.... never can remember...
hair tattoo of hand holding a
belmontboy
05-22 07:35 PM
I want to apply labour with another employer based on future employment and when that labour get approved for how many days it is valid, can i apply I 140 for that labour .
Do i have to take transfer in order to apply for I 140 ?
Can two I 140 process parallel ?
Thanks for you all support..
Keep up the Good job
what is the rationale behind applying two I140's?
Do i have to take transfer in order to apply for I 140 ?
Can two I 140 process parallel ?
Thanks for you all support..
Keep up the Good job
what is the rationale behind applying two I140's?
more...
satishku_2000
08-01 01:53 PM
Response for my RFE on 140 was supposed to be sent in by today. My Law office sent in the resposne using FEDEX overnight yesterday. I come to work in the moring and check the status of FEDEX and it says it is still in transit. I call the fedex office with tracking number and they say there was a big technical problem and hydraulic leak in the plane that was supposed to carry my response. Fedex says they will try to deliver by after mailroom closes today and they are ready to issue a letter stating that its their mistake. Do you guys think my response will be accepted tomorrow or I get a NOID for my 140? My lawyer says that if FEDEX trys to deliver it by today and they fail we should be ok or if they issue NOID we can always rebut back with letter from FEDEX and open a MTR .. any one of you guys have any such experience. I dont want to blame any one here excpet my luck in the whole process.
Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .
Guys any input is appreciated ..
Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .
Guys any input is appreciated ..
hot right arm and hand holding
pdx_Soft_Eng
07-10 12:33 AM
as far as I know, since she had H1B already with her previous company, she can get a new H1B right now. She doesn't have to wait for Oct 2007. However, the time she spent on H4 is also used against her H1B time since H1 and H4 are both H visas and everybody gets 6 years in total. You should use this info at yor own risk. Double check with a lawyer. Maybe other members can confirm my response as well...
more...
house a pair of hands holding a
whattodo
12-26 08:20 PM
Well said, Kumar1. It seems like you have done PhD on immigration matters. :)
H1/H4/L1/L2... - Non-Permanent Resident Alien
F1/F2 - Non-Permanent Non-resident Alien.
Green Card - Permanent Resident Alien.
Citizen - Naturalized citizen
Resident and Non-resident make a difference in taxation.
Non Permanent Resident Alien - If you are on H-1, they call you non-permanent resident alien. �Non-Permanent� because you are on a temporary visa, resident because IRS treats you just like any other US citizen living in that state.
Non-Permanent Non-Resident alien - Foreign students fall in this category (but it is not limited to them). �Non Permanent� comes from F-1 visa which is a temporary visa and Non Resident because you do not have intentions to live in the US permanently (or at least that is the farce that US embassy wants to listen). If you are on F-1 visa during, that time period you are not supposed to pay social security (6.5%) and Medicare taxes. Thanks to Non-Resident status. This is also applicable during 1 year OPT work permit that comes after F1.
Permanent Resident Alien - Permanent word is there because you have long term visa (yes, green cars is nothing but a long term visa) and resident because IRS will tax you like any other resident citizen.
Let me know if I am wrong anywhere. Thanks
H1/H4/L1/L2... - Non-Permanent Resident Alien
F1/F2 - Non-Permanent Non-resident Alien.
Green Card - Permanent Resident Alien.
Citizen - Naturalized citizen
Resident and Non-resident make a difference in taxation.
Non Permanent Resident Alien - If you are on H-1, they call you non-permanent resident alien. �Non-Permanent� because you are on a temporary visa, resident because IRS treats you just like any other US citizen living in that state.
Non-Permanent Non-Resident alien - Foreign students fall in this category (but it is not limited to them). �Non Permanent� comes from F-1 visa which is a temporary visa and Non Resident because you do not have intentions to live in the US permanently (or at least that is the farce that US embassy wants to listen). If you are on F-1 visa during, that time period you are not supposed to pay social security (6.5%) and Medicare taxes. Thanks to Non-Resident status. This is also applicable during 1 year OPT work permit that comes after F1.
Permanent Resident Alien - Permanent word is there because you have long term visa (yes, green cars is nothing but a long term visa) and resident because IRS will tax you like any other resident citizen.
Let me know if I am wrong anywhere. Thanks
tattoo HANDS HOLDING THE WORLD TATTOO
mzafar125
05-11 12:39 PM
Hello,
I am trying to file by I-485 paperwork and the only roadblock is the birth certificate. I called the Pakistani embassy and they said they would issue me with a letter stating my name, DOB, father and mothers name. Can someone for the love of god let me know if this will be acceptable to the dept of homeland security ?
This is the last hurdle I have to pass before I can file my I-485 so I would appreciate any feedback. You lot have a good weekend and thanks for all your efforts.
Thanks!
I am trying to file by I-485 paperwork and the only roadblock is the birth certificate. I called the Pakistani embassy and they said they would issue me with a letter stating my name, DOB, father and mothers name. Can someone for the love of god let me know if this will be acceptable to the dept of homeland security ?
This is the last hurdle I have to pass before I can file my I-485 so I would appreciate any feedback. You lot have a good weekend and thanks for all your efforts.
Thanks!
more...
pictures Memorial tattoo of hand
villamonte6100
08-10 05:20 PM
Guys,
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.
My PD was dec 2005. eb3. India.
Thought i would share with you all.:)
When you get approved, does it mean that you have to go for an interview?
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.
My PD was dec 2005. eb3. India.
Thought i would share with you all.:)
When you get approved, does it mean that you have to go for an interview?
dresses tattoos of hands holding. of
MatsP
November 9th, 2004, 09:41 AM
Sorry to hear about your problem with the D70...
I don't know anything in detail about D70, as I'm a Canon man myself...
But some general thoughts and ideas:
1. From the behaviour, I would think that something has gone wrong with either the RAM or the ROM(flash) in the camera. This would cause a similar thing to a "Blue Screen of Death" that you get on a PC sometimes when something has gone wrong somewher. In a machine like a digital camera, the most sensible thing to do to try to recover is to "reboot", or put another way, reset the camera.
2. It is possible that it's just a "transient problem". Have you tried removing the battery for a longer period of time (at least half an hour), and also, if there is a small battery for keeping the time when changing batteries etc. (don't know if the D70 has one, the Canon ones does), you may want to remove that too to be sure that the camera is "properly powered off". This may of course reset some of your personal settings and definitely should reset the time/date in the camera, but I'm sure you can live with that.
3. It may be possible to "reprogram the flash" using the standard procedure for updating the firmware in the camera. *** I would only do this as a "last ditch attempt" ***. I don't know how this is done, but I'm pretty sure there is a way to load a new set of firmware onto the camera some way. But if it's the RAM that is broken, this may cause the firmware update to fail and that may cause even worse scenario than what you've got, so I would only do that if you think that "Things can't get much worse". This is akin to a PC being re-installed from scratch. Like the PC case, it doesn't actually help much if the actual cause of the problem isn't the software/firmware itself. Don't blame ME if this doesn't help, and it makes things worse!
I hope some of this is of help, if nothing else, to understand what the problem is.
If it really is the RAM that is busted, it's probably going to be fairly expensive, as I don't expect the repairer will replace the individual parts, but rather just swap the whole PCB, which means "all the guts of the camera".
If, on the other hand, it's just the flash that's gone crazy, then it's most likely just a question of "factory programming it", which would be a relatively trivial operation, and shouldn't cost much to fix.
--
Mats
I don't know anything in detail about D70, as I'm a Canon man myself...
But some general thoughts and ideas:
1. From the behaviour, I would think that something has gone wrong with either the RAM or the ROM(flash) in the camera. This would cause a similar thing to a "Blue Screen of Death" that you get on a PC sometimes when something has gone wrong somewher. In a machine like a digital camera, the most sensible thing to do to try to recover is to "reboot", or put another way, reset the camera.
2. It is possible that it's just a "transient problem". Have you tried removing the battery for a longer period of time (at least half an hour), and also, if there is a small battery for keeping the time when changing batteries etc. (don't know if the D70 has one, the Canon ones does), you may want to remove that too to be sure that the camera is "properly powered off". This may of course reset some of your personal settings and definitely should reset the time/date in the camera, but I'm sure you can live with that.
3. It may be possible to "reprogram the flash" using the standard procedure for updating the firmware in the camera. *** I would only do this as a "last ditch attempt" ***. I don't know how this is done, but I'm pretty sure there is a way to load a new set of firmware onto the camera some way. But if it's the RAM that is broken, this may cause the firmware update to fail and that may cause even worse scenario than what you've got, so I would only do that if you think that "Things can't get much worse". This is akin to a PC being re-installed from scratch. Like the PC case, it doesn't actually help much if the actual cause of the problem isn't the software/firmware itself. Don't blame ME if this doesn't help, and it makes things worse!
I hope some of this is of help, if nothing else, to understand what the problem is.
If it really is the RAM that is busted, it's probably going to be fairly expensive, as I don't expect the repairer will replace the individual parts, but rather just swap the whole PCB, which means "all the guts of the camera".
If, on the other hand, it's just the flash that's gone crazy, then it's most likely just a question of "factory programming it", which would be a relatively trivial operation, and shouldn't cost much to fix.
--
Mats
more...
makeup Handsgods hands holding
sanju_dba
09-27 12:19 PM
Poll shows 94% of them support this , now what next?
- is it legit for IV?
- does it needs to be integrated with IV website?
Waiting for Admin's reply.
- is it legit for IV?
- does it needs to be integrated with IV website?
Waiting for Admin's reply.
girlfriend Hands holding heart tattoo
vikramy
06-22 10:22 AM
Looks like you don't have any GC application pending. From what i know you can not work. You can only start working after your MTR gets approved.
I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...
Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter
In the denial letter they stated that
"The beneficiary may remain in the current immigration status until date indicated on Form I94.. "
So what are my option now?
Can I work now? if not Can I work after Company B files MTR?
I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...
Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter
In the denial letter they stated that
"The beneficiary may remain in the current immigration status until date indicated on Form I94.. "
So what are my option now?
Can I work now? if not Can I work after Company B files MTR?
hairstyles tattoos of hands holding.
mmanurker
06-06 10:15 AM
Contributed $100...
Transaction ID: 0LE04357M8091673D
Transaction ID: 0LE04357M8091673D
Ramba
05-28 11:56 AM
If you withdraw 485 now, you can reapply after getting married, only if your current GC sponering employer willing to give you the job offer (and offer letter) as per the terms and condition of LC and 140 at that time you re apply 485 in future. If you lose the employment relationship with your sponser, you have to start from scratch (LC-140-485), if you find another sponser. Only thing you can retain is PD. All other, you have to start from grounf zero.
You have to make your choice.
You have to make your choice.
loudobbs
09-04 10:46 AM
My company attorneys filed by I140 incorrectly under EB3 and was approved in 2006. They refiled PP under EB2 using a copy of approved labor in May 2007. When I last checked the status is assigned to an officer.
Once the new I140 is approved would I have to do an interfiling? I am not if they both have the same A#....
Hi guys,
I would like to know if somebody has done interfiling i.e. upgrading EB category while pending AOS. I am planning to do it as soon as I receive my RN (July filer). I was looking for some more info on this from folks who have already done it. Thx
Once the new I140 is approved would I have to do an interfiling? I am not if they both have the same A#....
Hi guys,
I would like to know if somebody has done interfiling i.e. upgrading EB category while pending AOS. I am planning to do it as soon as I receive my RN (July filer). I was looking for some more info on this from folks who have already done it. Thx
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