gc_on_demand
05-13 11:01 AM
Dear members
Please dont keep hope that there will be a CIR in a year. Why ? Mr President is not confident that he will bring it or not otherwise he would have sound plan and announcement. He is asking Mccain to take a lead on this and remember that news Mccain was angry on mexican delegation who went to him to argue to bring CIR.
This year they will not bring it with unemployment and other reason. Next year it will be election year.
If time is good they will attempt in 2011 so it will help in election 2012...again nothing can be done in 2012 too..
Please dont keep hope that there will be a CIR in a year. Why ? Mr President is not confident that he will bring it or not otherwise he would have sound plan and announcement. He is asking Mccain to take a lead on this and remember that news Mccain was angry on mexican delegation who went to him to argue to bring CIR.
This year they will not bring it with unemployment and other reason. Next year it will be election year.
If time is good they will attempt in 2011 so it will help in election 2012...again nothing can be done in 2012 too..
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rahul2699
05-16 08:22 AM
May I know if H1 transfer has any affect on parent�s arrival during the transfer? I sponsored their visa using company A's employment letters and they have a valid visa. Do I need to get a letter from my new employer to avoid issues at POE? At the time of parent�s arrival, I would be working for company A, but by the time they return, I will be switching to company B and moving to a different city. My H1 transfer is already in process.
There should not be any issues with your parents arriving while your transfer is in progress since you'll be working with Company A at the time they enter the country.
There should not be any issues with your parents arriving while your transfer is in progress since you'll be working with Company A at the time they enter the country.
shirish
02-23 02:21 PM
This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.
The status of I-140 application may be important. Out of state tution may depend on the state.
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?
The status of I-140 application may be important. Out of state tution may depend on the state.
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?
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pboy
03-25 02:13 PM
I went to Chennai and Hyderabad thru Dubai in last 2 years. I felt it was really nice. No transit visa stuff. Good veggie food, lot of entertainment and good service. A bit costly compared to other airlines. On overall good experience and no regrets for higher price
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kzinjuwadia
05-13 11:42 PM
I'd stay in canada and wait for the call from the consulate. One of my friends had similar situation in vancouver consulate and it took around 2wks for the call and they got the visa. Going out of canada is not good idea as canada consulate is working on your case and only they will issue your visa as it's in progress. if the visa is denied, then you can go to consulate in india and retry.
talash
12-13 09:19 AM
I had posted my 485 approval news ealier and it took a whole different direction .Hope for you .My 140 was denied for same reason .It was A2P and company didnt have auditted financial statements and hadnt filed taxes and to make things worse i didnt get (neither atorney) the denail notice till 25th day of denail .We filed MTR and the documents we sent were my w2s.my pay stubs showing that company had been paying me whatwas stated in LS .
I think you should always take a chance n file MTR with what ever possible documents u have and have a backup plan with new perm possibly with a differnet employer .we also sent unauditted financial statemnts with MTR .MTR was successfull and Thanks God 485 got approved too .
I found IV very helpfull for finding out how to file n what to send with MTR .
wish u luck
I think you should always take a chance n file MTR with what ever possible documents u have and have a backup plan with new perm possibly with a differnet employer .we also sent unauditted financial statemnts with MTR .MTR was successfull and Thanks God 485 got approved too .
I found IV very helpfull for finding out how to file n what to send with MTR .
wish u luck
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sunofeast_gc
07-22 06:49 PM
just now I gave 5 star and posted my comments
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cagedcactus
05-02 01:54 PM
I just received an email from my lawyer that my I 140 was denied.
The reason stated was my company is not able to prove the funds to support my salary.
I am on 5 year of H1-b. Exactly one year left.
I dont want to stay with same company if I have to file fresh in PERM. What are the best options available for me now?
If I transfer the H-1, do I have enough time to get approve in PERM and a new I 140 to file extension for three more years on H1-b?
please help....
The reason stated was my company is not able to prove the funds to support my salary.
I am on 5 year of H1-b. Exactly one year left.
I dont want to stay with same company if I have to file fresh in PERM. What are the best options available for me now?
If I transfer the H-1, do I have enough time to get approve in PERM and a new I 140 to file extension for three more years on H1-b?
please help....
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andy garcia
07-30 02:11 PM
Many of us are in this situation.
Can someone throw some light based on prior experience,
who gets the receipt notice when using G-28.
#1. Lawyer Alone
#2. Applicant Alone
#3. Both lawyer & the applicant.
--BB
All the Receipts go to Lawyer Alone.
You will only get the EAD approval(actual card), everything else you are at the lawyer's mercy.
Can someone throw some light based on prior experience,
who gets the receipt notice when using G-28.
#1. Lawyer Alone
#2. Applicant Alone
#3. Both lawyer & the applicant.
--BB
All the Receipts go to Lawyer Alone.
You will only get the EAD approval(actual card), everything else you are at the lawyer's mercy.
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H1B-GC
06-29 03:13 PM
Talk to your own Health Insurance Company that your Company is Providing and ask for a quote.Even better is through your HR.Ask them to contact the company for adding your Wife. It shouldn't be too difficult i guess.
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thirumalkn
07-23 06:26 PM
Hi all,
I'm not sure if this has been already discussed before. I did a little bit of search, but couldn't find any relevant thread / posts in this issue on IV forums. Hence posting this question. If it is already discussed, thanks for providing the link.
If a company is willing to promote a Green Card applicant, how long should they wait after filing for Adjustment of Status (I-485) ? Let's assume the promotion Job description would be including all the current responsibilities and in addition there will be some more managerial responsibilities.
1. As soon as AOS (I-485) is filed.
2. After getting the I-485 receipt.
3. After the Finger Printing process (Biometric).
4. After getting the EAD.
5. After the 180 days mark (since the date of file) using AC21 portability.
6. After the I-485 is approved.
7. Only after getting the Green Card on hand.
Please provide references if there are any clear legal / procedural documents explaining this online.
I'm not sure if this has been already discussed before. I did a little bit of search, but couldn't find any relevant thread / posts in this issue on IV forums. Hence posting this question. If it is already discussed, thanks for providing the link.
If a company is willing to promote a Green Card applicant, how long should they wait after filing for Adjustment of Status (I-485) ? Let's assume the promotion Job description would be including all the current responsibilities and in addition there will be some more managerial responsibilities.
1. As soon as AOS (I-485) is filed.
2. After getting the I-485 receipt.
3. After the Finger Printing process (Biometric).
4. After getting the EAD.
5. After the 180 days mark (since the date of file) using AC21 portability.
6. After the I-485 is approved.
7. Only after getting the Green Card on hand.
Please provide references if there are any clear legal / procedural documents explaining this online.
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gc_bulgaria
10-09 04:18 PM
http://www.immigration-law.com/
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer’s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physical location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensue. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer’s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physical location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensue. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
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21stIcon
09-21 10:51 PM
You will get tax deduction for interest you paid to lender. no matter what deduction you get at end of the year you end of loosing 60-70% of interest which would be more than you pay for rent.
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senthil1
04-14 09:58 PM
Even though your employer made you to fake your experience you accepted that. If your employer or anyone complaints about faking your experience you may be in serious trouble especially if you put USA experience. That could lead to fraud charge (In case if anyone reports to FBI) in extreme case. But I did not hear any cases like that in past because no one made formal complaint to government agencies.
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
more...
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san3297
06-29 05:34 PM
Hi Martin,
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..
If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..
If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.
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brav
07-31 11:20 AM
After going through all this , now we are hearing discussions that it is safe to maintain a H1B, (just) in case the 485 gets denied.
I for one would take my chances and switch from H1B to EAD.
I for one would take my chances and switch from H1B to EAD.
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gcisadawg
02-02 12:56 AM
dude, I believe the above proposed law is tailored beautifully for illegal immigrants. It mentions about continuous presence but no word on 'legal' continuous presence! Also seems like the 'criminal offense' in US doesnt take into account the very first one, the act of entering illegally!
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need_EAD
05-18 02:56 PM
Nandini Nair's fees are very less and I got my PERM LC (in EB2) & I-140 approved through her without any questions. Real quick response!
She was a weekly columnist for Express Computer on immigration topics.
nnair@nair-law.com
www.nairlaw.com
She was a weekly columnist for Express Computer on immigration topics.
nnair@nair-law.com
www.nairlaw.com
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eilsoe
10-03 01:11 PM
Man you're weird too....
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GCwaitforever
02-27 04:21 PM
Leslie,
Check this out. http://en.wikipedia.org/wiki/V_visa
Check this out. http://en.wikipedia.org/wiki/V_visa
HereIComeGC
03-26 02:07 PM
I wish this date business was like the money market - we could have done some Technical Analysis, drawn some Fibonacci expansions, looked at Bollinger Bands, plotted the MACD and RSI along with the Fast & Slow Stochastics and PSARs with the Pivot Points and trend lines ...
But it is nothing like that... it behaves like every day is a news day - and hence - all analysis fails ... things work on sentiments...
Even NASDAQ could be more predictive than this...
I beg to differ my friend. Stock market now a days is also run pretty much on sentiments without logic. One day up 300 next day down 300...pretty much like USCIS!!
But it is nothing like that... it behaves like every day is a news day - and hence - all analysis fails ... things work on sentiments...
Even NASDAQ could be more predictive than this...
I beg to differ my friend. Stock market now a days is also run pretty much on sentiments without logic. One day up 300 next day down 300...pretty much like USCIS!!
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