wc_user
07-30 02:18 PM
Hi,
I took an infopass appt for EAD pending more than 90 days. Both my EAD and my wife's EAD is pending for more than 90 days. Should I take 2 different appointments or can we both go in the same appointment.
Thanks.
I took an infopass appt for EAD pending more than 90 days. Both my EAD and my wife's EAD is pending for more than 90 days. Should I take 2 different appointments or can we both go in the same appointment.
Thanks.
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h1bee
09-17 08:58 AM
My H1B was cancelled at the US consulate under 221g and I 797 not returned to me. I work for a consulting company at a major client. I guess the cancellation occurred because of Neufield memo, as in my case the client supervises my work. The reason given in the white letter to me says:
"your petitioner does not appear to be either willing or able to provide qualifying employment in the United States in accordance with appropriate laws and regulations"........"action on your case has been suspended and the I129 application will be returned to USCIS with the facts of your case presented at the time of interview".
What are my options now? I work through a vendor (i.e mycompany->vendor->client). My vendor has agreed to file for H1B on my behalf. Can they file for a new H1 or does this cancellation mean that I cannot apply anymore?
thanks
"your petitioner does not appear to be either willing or able to provide qualifying employment in the United States in accordance with appropriate laws and regulations"........"action on your case has been suspended and the I129 application will be returned to USCIS with the facts of your case presented at the time of interview".
What are my options now? I work through a vendor (i.e mycompany->vendor->client). My vendor has agreed to file for H1B on my behalf. Can they file for a new H1 or does this cancellation mean that I cannot apply anymore?
thanks
Bpositive
03-01 10:52 AM
try to get feedback from potential employers (corporations) on content and also look beyond indian population as you think about your value proposition...best of luck!
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arc
06-26 02:55 PM
Future employment basis seems tricky...
more...
sprash
01-14 05:06 PM
Thanks.
In my case I work for startup and I'm the only one who they are sponsoring for GC (rest all are either US citizens, GC holders or contractors) and my I140 is already approved, so ability to pay is not a concern with my company.
While I have a good rapport with the CEO etc, I am nervous that they might revoke I-140 in case they have lay offs that affect me. I was looking for some articles or USCIS documents that say that there is no requirement to revoke I-140.
Its just harder to prove that there are no such requirements other than saying "look, you couldn't find anything that says you should revoke I-140, therefore don't do it". It would be more convincing if I find something more explicit that says there is no such requirement.
In my case I work for startup and I'm the only one who they are sponsoring for GC (rest all are either US citizens, GC holders or contractors) and my I140 is already approved, so ability to pay is not a concern with my company.
While I have a good rapport with the CEO etc, I am nervous that they might revoke I-140 in case they have lay offs that affect me. I was looking for some articles or USCIS documents that say that there is no requirement to revoke I-140.
Its just harder to prove that there are no such requirements other than saying "look, you couldn't find anything that says you should revoke I-140, therefore don't do it". It would be more convincing if I find something more explicit that says there is no such requirement.
loudoggs
08-10 12:07 PM
If company B is sponsoring your GC, they have to prove that the salary they will offer you after getting your GC, is equal or above the prevailing wage. As long as they are able to do that you should be okay. You just have to go and work for Company B once you get your GC.
I don't think it matters what you are making right now. This is my understanding.
I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. So B is willing to sponsor future employment GC for me.
I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.
What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.
I don't think it matters what you are making right now. This is my understanding.
I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. So B is willing to sponsor future employment GC for me.
I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.
What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.
more...
athapps
01-25 09:37 PM
Dear Gurus
My friend is in pathetic situation. He is in US for last 5 years and fallen out of status almost 2 years. Using 245I, Finally he got his i140, EAD, AP got aproved i485 still pending with current PD.
Unfortunately his father fallen sick, and possibly he may not see him if he miss him now.
My question here is, can he travel on his AP, What are the risk involved. In case of his i485 get approved while he is in
India can I take it with me so he can come back with his Green card.
Dear friends you guys have been helping all, pls help my friend to see his father possibly last time.
My friend is in pathetic situation. He is in US for last 5 years and fallen out of status almost 2 years. Using 245I, Finally he got his i140, EAD, AP got aproved i485 still pending with current PD.
Unfortunately his father fallen sick, and possibly he may not see him if he miss him now.
My question here is, can he travel on his AP, What are the risk involved. In case of his i485 get approved while he is in
India can I take it with me so he can come back with his Green card.
Dear friends you guys have been helping all, pls help my friend to see his father possibly last time.
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cooler
08-17 10:36 AM
My PD is Nov 24th 2005. EB2- India. Filed @NSC
Dates are current for my priority date. Havent heard anything USCIS on the primary or derivative case.
I opened a SR on 08/6th because the case should have been picked up based on their processing times. Haven't yet received any response on this.
I want to schedule an infopass appointment however looks like we need to wait for 30 days from the date of opening an SR, before scheduling this appointment.
Has anyone got slapped on the hand for not following this?
I have also sought help from my senator, however no useful information has come out of it.
Are their any other options available?
Dates are current for my priority date. Havent heard anything USCIS on the primary or derivative case.
I opened a SR on 08/6th because the case should have been picked up based on their processing times. Haven't yet received any response on this.
I want to schedule an infopass appointment however looks like we need to wait for 30 days from the date of opening an SR, before scheduling this appointment.
Has anyone got slapped on the hand for not following this?
I have also sought help from my senator, however no useful information has come out of it.
Are their any other options available?
more...
10dulkar
08-08 09:53 AM
But the July 2nd decision was reversed later. Why did they not file then?
Besides, companies do not need to pay for 485. Makes no sense for them to pay for something that they do not have to.
On a separate note, does anyone know of any company which has discontinued GC processing because the new rule states the employer has to pay for PERM?
That's our company policy(1 year bond of course)
BTW they did file after July17th.:o
Besides, companies do not need to pay for 485. Makes no sense for them to pay for something that they do not have to.
On a separate note, does anyone know of any company which has discontinued GC processing because the new rule states the employer has to pay for PERM?
That's our company policy(1 year bond of course)
BTW they did file after July17th.:o
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DallasBlue
07-26 11:14 AM
:)) nice !!
Write LSAT and go to Law School and become a lawyer and to start practicing you should get admitted to the bar. The bar requirements vary.
In some states like california , you can work under a attorney for 10 (if not ten say 'n') years and get addmitted to the bar.
http://en.wikipedia.org/wiki/Legal_Education
http://en.wikipedia.org/wiki/LSAT
good luck!!
Write LSAT and go to Law School and become a lawyer and to start practicing you should get admitted to the bar. The bar requirements vary.
In some states like california , you can work under a attorney for 10 (if not ten say 'n') years and get addmitted to the bar.
http://en.wikipedia.org/wiki/Legal_Education
http://en.wikipedia.org/wiki/LSAT
good luck!!
more...
gcslave
07-02 07:23 PM
Wife got FP notice yesterday. None for me or my daughter. USCIS now has a new procedure where they will update the criminal background check without new fingerprints, unless old FP are unusable for whatever reason....That means no GC until end of July with all the remaining processing :(
Was hoping to be out of this agony earlier.......
Hopefully no retrogression in Aug.
Was hoping to be out of this agony earlier.......
Hopefully no retrogression in Aug.
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IV2007
08-13 09:25 AM
Anyone's 485 appln recieved by Becca Fischer at NSC on July 2nd & got reciepts ?
As many of us here I haven't recieved any reciept# nor cheque encashed ?
-shree
I140-I485,EAD & AP - Concurrent filing
Sent Flowers to Mr.Emilio
Sent emails & made umpteen phone calls to senators.
Unsure on attending DC Rally
As many of us here I haven't recieved any reciept# nor cheque encashed ?
-shree
I140-I485,EAD & AP - Concurrent filing
Sent Flowers to Mr.Emilio
Sent emails & made umpteen phone calls to senators.
Unsure on attending DC Rally
more...
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gcfriend65
12-07 03:01 PM
If you have the receipt number, then you can check the status of approval online at uscis.com. Hope this helps.
Hi guys,
Does anyone know, When to apply for FOIA for I-140 ? After or Before Approval of I-140. Coz I don't know whether my I-140 is approved or not yet.
Or should we wait until the processing dates cross our reciept dates ?
Anyone who did this successfully, pls enlighten the members.
Hi guys,
Does anyone know, When to apply for FOIA for I-140 ? After or Before Approval of I-140. Coz I don't know whether my I-140 is approved or not yet.
Or should we wait until the processing dates cross our reciept dates ?
Anyone who did this successfully, pls enlighten the members.
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nashorn
12-11 11:11 PM
there is another LUD on my 485 today, continuosly from the last 4 working days Dec6th,7th,10th and today(11th)..not sure what's going on...:confused:
It could be anything. Did you get your biometrics taken recently? People normaly would get updates after that. The first meaningful update would be something like "On xxxxx we have ordered your (green) card production". If you got that, you know you got your green card. But your PD is late than current processing date, they wouldn't adjudicate your case, even your name check is cleared. Is your name check cleared?
It could be anything. Did you get your biometrics taken recently? People normaly would get updates after that. The first meaningful update would be something like "On xxxxx we have ordered your (green) card production". If you got that, you know you got your green card. But your PD is late than current processing date, they wouldn't adjudicate your case, even your name check is cleared. Is your name check cleared?
more...
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JobSeekerInUSonL2withEAD
12-14 06:31 PM
In my job search (banking and finance jobs) there is this one question i come across on each and every job application-
"Do you now or will you in the future require sponsorship to legally work in the united states?"
and options to tick on the form are 'yes' or 'no' with no space for explanation.
So i mark 'yes' and i guess thats where my job applications get stuck.
Should I answer yes or no, since i am on L2 (visa valid for next 2 years) and currently have 2 years Employment Authorisation (EAD) where i can work for any employer in the United States ?
I understand that companies ask this question because some of them are not allowed/ do not have a policy to sponsor visas.
I want to know whether i am legally required to say 'yes' because i am on L2 ( since after 2 years, my visa renewal depends on whether or not my spouse's L1 is renewed)
OR
Do I still have a choice to say 'no' since my visa renewal gets done if my husband's gets done or i manage it on my own through a consultant... and the company i will join in both cases does not have to sponsor or pay for my visa either now or in the future.
I do not want to misrepresent any information and get thrown out of the organisation after i join, nor do I want to lose out on opportunities because of answering this question wrongly.
Let me know please, it'll help a lot.
"Do you now or will you in the future require sponsorship to legally work in the united states?"
and options to tick on the form are 'yes' or 'no' with no space for explanation.
So i mark 'yes' and i guess thats where my job applications get stuck.
Should I answer yes or no, since i am on L2 (visa valid for next 2 years) and currently have 2 years Employment Authorisation (EAD) where i can work for any employer in the United States ?
I understand that companies ask this question because some of them are not allowed/ do not have a policy to sponsor visas.
I want to know whether i am legally required to say 'yes' because i am on L2 ( since after 2 years, my visa renewal depends on whether or not my spouse's L1 is renewed)
OR
Do I still have a choice to say 'no' since my visa renewal gets done if my husband's gets done or i manage it on my own through a consultant... and the company i will join in both cases does not have to sponsor or pay for my visa either now or in the future.
I do not want to misrepresent any information and get thrown out of the organisation after i join, nor do I want to lose out on opportunities because of answering this question wrongly.
Let me know please, it'll help a lot.
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sushilup
07-18 11:01 AM
Thank you for your response.
I will appreciate if you could answer these 2 questions.
1- If 485 get denied, can I go to company-A and start working on approved H1B
2- Also, can I use approved 140 at company A (even 485 denied, since not working at A) to extend H1B for 3 years
You can use the approved I-140 from company A to get a 3 year H-1 for company B assuming your priority date is not current. However, because you have not been working for company A, you are technically not in valid non-immigrant H status and though Company B's H-1 petition should be approved for three years, the extension may not be granted. This means that at some point you would have to leave, get a new H visa and then return.
I will appreciate if you could answer these 2 questions.
1- If 485 get denied, can I go to company-A and start working on approved H1B
2- Also, can I use approved 140 at company A (even 485 denied, since not working at A) to extend H1B for 3 years
You can use the approved I-140 from company A to get a 3 year H-1 for company B assuming your priority date is not current. However, because you have not been working for company A, you are technically not in valid non-immigrant H status and though Company B's H-1 petition should be approved for three years, the extension may not be granted. This means that at some point you would have to leave, get a new H visa and then return.
more...
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ameerka_dream
10-21 07:35 AM
Job visas only for highly skilled, salaried foreigners: govt (http://in.news.yahoo.com/20/20101020/1416/tnl-job-visas-only-for-highly-skilled-sa.html)
Wed, Oct 20 03:12 PM
New Delhi, Oct 20 (PTI) In an attempt to prevent foreigners from getting non-technical jobs, the government has made it clear that citizens of other countries will be taken only for highly-skilled assignments in India and should draw an annual salary of over USD 25,000. In an order, the Home Ministry nullified a Labour Ministry circular which allows one per cent foreigners among the total work force in any project with a minimum of five and maximum of 20 people. "An employment visa is granted to a foreigner if the applicant is a highly skilled and/or qualified professional, who is being engaged or appointed by a company/organisation/ industry/undertaking in India on contract or employment basis," according to the Home Ministry guidelines. Besides, the ministry made it clear that employment visa shall not be granted for jobs for which qualified Indian are available and also for routine, ordinary or secretarial/ clerical jobs. "The foreign national being sponsored for an employment visa in any sector should draw a salary in excess of USD 25,000 per annum," it says. However, this condition of annual floor limit on income will not apply to ethnic cooks, language teachers (other than English), staff working for the Embassy/High Commission concerned in India. The Labour Ministry had ordered that visa applications could be cleared by the Indian missions abroad at their level if the foreign national is skilled and qualified professional, technical experts, senior executives or in managerial positions and those kinds of skills which are not available in India.
Wed, Oct 20 03:12 PM
New Delhi, Oct 20 (PTI) In an attempt to prevent foreigners from getting non-technical jobs, the government has made it clear that citizens of other countries will be taken only for highly-skilled assignments in India and should draw an annual salary of over USD 25,000. In an order, the Home Ministry nullified a Labour Ministry circular which allows one per cent foreigners among the total work force in any project with a minimum of five and maximum of 20 people. "An employment visa is granted to a foreigner if the applicant is a highly skilled and/or qualified professional, who is being engaged or appointed by a company/organisation/ industry/undertaking in India on contract or employment basis," according to the Home Ministry guidelines. Besides, the ministry made it clear that employment visa shall not be granted for jobs for which qualified Indian are available and also for routine, ordinary or secretarial/ clerical jobs. "The foreign national being sponsored for an employment visa in any sector should draw a salary in excess of USD 25,000 per annum," it says. However, this condition of annual floor limit on income will not apply to ethnic cooks, language teachers (other than English), staff working for the Embassy/High Commission concerned in India. The Labour Ministry had ordered that visa applications could be cleared by the Indian missions abroad at their level if the foreign national is skilled and qualified professional, technical experts, senior executives or in managerial positions and those kinds of skills which are not available in India.
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eager_immi
02-01 07:40 AM
Why do people do this every month DOL, USCIS, president and no one can predict this, so what is the point?
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neeidd
08-31 05:52 PM
Hi,
Would some one post info on how to get directly to level 2 or 3 USCIS customer service rather than level 1. I Called USCIS couple of times, the customer said I need to wait 90 days to check the status with them. I filed in July and have no receipt. I would like to know whether my case is entered in USCIS database. Please guide!
Thanks
Would some one post info on how to get directly to level 2 or 3 USCIS customer service rather than level 1. I Called USCIS couple of times, the customer said I need to wait 90 days to check the status with them. I filed in July and have no receipt. I would like to know whether my case is entered in USCIS database. Please guide!
Thanks
kondur_007
03-09 09:03 PM
I sent you a private message; please check your inbox.
Blog Feeds
10-15 12:10 PM
A Blog reader called me the other day and wanted to know when his priority date will become current. His I-485 adjustment was filed in August 2007 when visas opened up for 30 days, and since that time retrogressed. The applicant is from India and like many others in his shoes is eager for answers. So how do visa numbers become available?
In order to approve an application for adjustment of status (I-485), there must be a visa number available in the particular category. This, in turn, depends upon the country of chargeability and the priority date of the case. Once the U.S. Citizenship and Immigration Services (USCIS) has reviewed a particular I-485 application, a request is submitted to the DOS for a visa authorization. If the USCIS makes the request for a visa number to the DOS when the priority date of a particular case is current, and an immigrant visa number is available, the authorization is transmitted and the USCIS can approve the I-485 application. This is all tracked through the DOS Immigrant Visa Allocation Management System (IVAMS).
If an immigrant visa number for a particular individual is requested from the DOS by the USCIS, but none is available, the request is moved to the "pending" file with the DOS. Data from this pending file is used by the DOS to calculate the appropriate cutoff dates for the backlogged categories in the Visa Bulletin each month.
Cases placed in the pending demand category are processed as immigrant visa numbers become available. The DOS communicates with the USCIS regarding the A numbers of the cases for which visa numbers have been authorized. These cases are then processed to completion and green cards are then issued by the USCIS.
As you can see, this is a very complicated and streamlined process, with actual visa numbers tracked, issued, and assigned to particular green card cases as part of the approval process. Clients often do not understand why they have to wait, sometimes years for visa numbers to open, even after USCIS approvals. We hope that both agencies will find a better way to talk to each other and make the Immigrant visa process and much smoother one.
More... (http://www.visalawyerblog.com/2009/10/san_diego_immigration_attorney_15.html)
In order to approve an application for adjustment of status (I-485), there must be a visa number available in the particular category. This, in turn, depends upon the country of chargeability and the priority date of the case. Once the U.S. Citizenship and Immigration Services (USCIS) has reviewed a particular I-485 application, a request is submitted to the DOS for a visa authorization. If the USCIS makes the request for a visa number to the DOS when the priority date of a particular case is current, and an immigrant visa number is available, the authorization is transmitted and the USCIS can approve the I-485 application. This is all tracked through the DOS Immigrant Visa Allocation Management System (IVAMS).
If an immigrant visa number for a particular individual is requested from the DOS by the USCIS, but none is available, the request is moved to the "pending" file with the DOS. Data from this pending file is used by the DOS to calculate the appropriate cutoff dates for the backlogged categories in the Visa Bulletin each month.
Cases placed in the pending demand category are processed as immigrant visa numbers become available. The DOS communicates with the USCIS regarding the A numbers of the cases for which visa numbers have been authorized. These cases are then processed to completion and green cards are then issued by the USCIS.
As you can see, this is a very complicated and streamlined process, with actual visa numbers tracked, issued, and assigned to particular green card cases as part of the approval process. Clients often do not understand why they have to wait, sometimes years for visa numbers to open, even after USCIS approvals. We hope that both agencies will find a better way to talk to each other and make the Immigrant visa process and much smoother one.
More... (http://www.visalawyerblog.com/2009/10/san_diego_immigration_attorney_15.html)
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