vdlrao
06-01 09:26 PM
labor certificate for gc application and LCA for H1 are two different things. labor certificate for gc application is for a future job and employer is certifying that they will pay you per gc labor certificate once you get your gc and has nothing to do with h1 LCA.
really good information.
really good information.
vsrinir
11-25 09:04 AM
http://www.ilw.com/immigdaily/digest/2008,1125.shtm
The Detroit Free Press quotes Senate Majority Leader Reid "On immigration, there's been an agreement between [Mr.] Obama and [Mr.] McCain to move forward on that. ... We'll do that"; and "We've got McCain and we've got a few others. I don't expect much of a fight at all." A report in The Cherry Hill Courier Post quotes a spokesman for the Senate Majority Leader "[Mr. Reid] plans to take up immigration reform but is still working with the new administration on timing ... House leaders also have promised to consider measures." As to when comprehensive immigration reform will come up before Congress, Immigration Daily has learnt that it will come to the floor early in 2009 though it is not currently planned for Mr. Obama's first 100 days. The Cherry Hill Courier Post quotes Sen. Menendez "If lawmakers don't consider the issue early, it could 'slide into midterms' -- the 2010 election -- and again become a contentious campaign issue. This is one of those issues that needs to be done early on."
Sen. Menendez and Rep. Gutierrez are on the warpath for early passage of CIR in the 111th Congress. Sen. Menendez had the courage to singlehandedly block a five year extension of E-Verify, and will doubtless push for a significant immigration benefits downpayment before March 6th when E-Verify is set to expire. Rep. Gutierrez and the House Hispanic caucus successfully blocked immigration benefits legislation in the 110th Congress to ensure continued support for CIR. The election results have strenghthened the hand of CIR supporters in Congress. We believe that Sen. Menendez and Rep. Gutierrez are on the right track, and urge immigration advocates to support their efforts.
The Detroit Free Press quotes Senate Majority Leader Reid "On immigration, there's been an agreement between [Mr.] Obama and [Mr.] McCain to move forward on that. ... We'll do that"; and "We've got McCain and we've got a few others. I don't expect much of a fight at all." A report in The Cherry Hill Courier Post quotes a spokesman for the Senate Majority Leader "[Mr. Reid] plans to take up immigration reform but is still working with the new administration on timing ... House leaders also have promised to consider measures." As to when comprehensive immigration reform will come up before Congress, Immigration Daily has learnt that it will come to the floor early in 2009 though it is not currently planned for Mr. Obama's first 100 days. The Cherry Hill Courier Post quotes Sen. Menendez "If lawmakers don't consider the issue early, it could 'slide into midterms' -- the 2010 election -- and again become a contentious campaign issue. This is one of those issues that needs to be done early on."
Sen. Menendez and Rep. Gutierrez are on the warpath for early passage of CIR in the 111th Congress. Sen. Menendez had the courage to singlehandedly block a five year extension of E-Verify, and will doubtless push for a significant immigration benefits downpayment before March 6th when E-Verify is set to expire. Rep. Gutierrez and the House Hispanic caucus successfully blocked immigration benefits legislation in the 110th Congress to ensure continued support for CIR. The election results have strenghthened the hand of CIR supporters in Congress. We believe that Sen. Menendez and Rep. Gutierrez are on the right track, and urge immigration advocates to support their efforts.
felix31
02-12 05:41 PM
both H1 and H4 extension are filed together regularly.
However, the need now arises to upgrade both to premium processing.
Attorney claims I can only get H1 under premium and if processing center wants they will process H4 under premium as well.
But I cannot find this memo that speaks of premium processing being available for I-539 applications as well. It happened sometime last year.
Anyway, thanks for all replies. I'll keep digging....
However, the need now arises to upgrade both to premium processing.
Attorney claims I can only get H1 under premium and if processing center wants they will process H4 under premium as well.
But I cannot find this memo that speaks of premium processing being available for I-539 applications as well. It happened sometime last year.
Anyway, thanks for all replies. I'll keep digging....
yabadaba
02-13 12:53 PM
Do you hate lies like this? "Leprosy in this country. Incredible" - Lou Dobbs
Do you hate that your child is now called an anchor baby?
You are stuck in backlog limbo - What are you going to do about it macaca?
Do you hate that your child is now called an anchor baby?
You are stuck in backlog limbo - What are you going to do about it macaca?
more...
kiranvahaja
07-17 02:46 PM
hey guys
my company has their own lawyer who does all the immigration work. As part of 485 document preperation, they made me sign the forms granting him authority to deal with my case.
Now if i change company after six months, can i take back control from old company lawyer to myself? How many ways they can trouble me?
Any advice is appreciated!!!
Kiran
my company has their own lawyer who does all the immigration work. As part of 485 document preperation, they made me sign the forms granting him authority to deal with my case.
Now if i change company after six months, can i take back control from old company lawyer to myself? How many ways they can trouble me?
Any advice is appreciated!!!
Kiran
k_sing
09-20 12:17 PM
Responding to latest response:
"Member" does not mean an employee.
As a member I would have access to their proprietary software to do trades ( just like having an account with any other broker)
A member however has no voting rights etc. ( it's a private LLC/trust)
At the end of the year, instead of a 1099 tax form, the trust would provide a share of profits generated by "my stock trades" and it is instead done on K1 tax form, which is treated as income.
About the internet biz:
I would be the only one "owning" / running the biz.. as I own the domain ( it's not a LLC ).
Can I receive income checks in my name ?
thanks!
"Member" does not mean an employee.
As a member I would have access to their proprietary software to do trades ( just like having an account with any other broker)
A member however has no voting rights etc. ( it's a private LLC/trust)
At the end of the year, instead of a 1099 tax form, the trust would provide a share of profits generated by "my stock trades" and it is instead done on K1 tax form, which is treated as income.
About the internet biz:
I would be the only one "owning" / running the biz.. as I own the domain ( it's not a LLC ).
Can I receive income checks in my name ?
thanks!
more...
bang
01-09 06:43 AM
My wife had recently changed her status from H4 to H1 and had applied her SSN and got it.
So i dont think there's any new rule.
if you have a valid I94 then it should not cause any issue
Sreedhar where did you apply for SSN ? ie which city ?
So i dont think there's any new rule.
if you have a valid I94 then it should not cause any issue
Sreedhar where did you apply for SSN ? ie which city ?
tnite
07-26 10:02 AM
Hi
I have a H1B visa valid till Apr 2009(still i can extend 3 more years). I am going to file I-140 and I-485 together on EB2 category. Along with this I am going to apply EAD for me and my wife.
What will be the status of my H1B if my EAD got approved and I-140 is still pending. In case if my I-140 get rejects, will i be out of status or I can continue with same H1B if i don't change company?
Or better to apply EAD for me (not to my wife) after the I-140 approval?
Please help me..
Thanks in advance.
--Raj
Applying for EAD doesnt change your status from H1B to AOS. Using the EAD to get a job will change your status.
If you continue working on H1B , even if your I140 gets rejected you're still on h1B.
If I am not wrong your EAD/AP will not be processed until after your I140 is approved.Maybe some one comment on this
I have a H1B visa valid till Apr 2009(still i can extend 3 more years). I am going to file I-140 and I-485 together on EB2 category. Along with this I am going to apply EAD for me and my wife.
What will be the status of my H1B if my EAD got approved and I-140 is still pending. In case if my I-140 get rejects, will i be out of status or I can continue with same H1B if i don't change company?
Or better to apply EAD for me (not to my wife) after the I-140 approval?
Please help me..
Thanks in advance.
--Raj
Applying for EAD doesnt change your status from H1B to AOS. Using the EAD to get a job will change your status.
If you continue working on H1B , even if your I140 gets rejected you're still on h1B.
If I am not wrong your EAD/AP will not be processed until after your I140 is approved.Maybe some one comment on this
more...
manderson
03-17 11:02 AM
I think becoz of anti-immigrant trolls on this website such activities has been taken offline to State Chapters. If you really want to participate then it's best to join your State Chapter:
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
I checked the full text of this bill, it does not have anything else besides temporary quota increase for H-1B.
How can we actively participate in this process? How can we find out about such bills when they are still in the works and make suggestions to the lawmakers to include relief for EB issues?
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
I checked the full text of this bill, it does not have anything else besides temporary quota increase for H-1B.
How can we actively participate in this process? How can we find out about such bills when they are still in the works and make suggestions to the lawmakers to include relief for EB issues?
raydhan
05-09 04:47 PM
can this event me scheduled to someother day, preferably a weekend ?
Also, May 15th is mine and my daughter's birthday, so I would have to be at home in the evening ?
asdqwe2k,
Actually this event is being held to celebrate your's and your daughter's birthday if you didn't know. :-)
Happy birthday to both of you in advance. Enjoy.
Also, May 15th is mine and my daughter's birthday, so I would have to be at home in the evening ?
asdqwe2k,
Actually this event is being held to celebrate your's and your daughter's birthday if you didn't know. :-)
Happy birthday to both of you in advance. Enjoy.
more...
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kavita_abb
10-10 02:15 PM
Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!
Rajeev
08-10 02:54 PM
By other poster...
"Some people already know about this bill introduced on July 1 by John Shadegg (AZ)
H.R. 5658 : To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.
Link: H.R.5658: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/show)
go to the link and click and write to you local representative to consponsor and suppor this bill and pass this bill.
If congress passes this bill it would increase the available EB visa numbers and will make life easy for lots of indian and chinese citizens.
Good Luck
And thanks"
If this bill becomes a law, all retrogression will end. All provisions favorable to us, are there in the bill.
1. Increase of Immigrant visa to 290,000.
2. Master's degree from US in STEM field not counted in any quota.
3. Master's degree from a foreign country and three years of US experience not counted in any quota.
4. Family counted as one.
5. Recapture of visas from previous years
"Some people already know about this bill introduced on July 1 by John Shadegg (AZ)
H.R. 5658 : To amend the Immigration and Nationality Act to increase competitiveness in the United States, and for other purposes.
Link: H.R.5658: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/show)
go to the link and click and write to you local representative to consponsor and suppor this bill and pass this bill.
If congress passes this bill it would increase the available EB visa numbers and will make life easy for lots of indian and chinese citizens.
Good Luck
And thanks"
If this bill becomes a law, all retrogression will end. All provisions favorable to us, are there in the bill.
1. Increase of Immigrant visa to 290,000.
2. Master's degree from US in STEM field not counted in any quota.
3. Master's degree from a foreign country and three years of US experience not counted in any quota.
4. Family counted as one.
5. Recapture of visas from previous years
more...
Maverick1
11-21 09:28 PM
Do you guys see what happens after January 2nd (or after 6 months of receipt date)....Most of the contractors (who applied their 485 in july) will look for permanent job OR demand more money from their employers...OR more benefits from employer. Employers try to be calm and don't conflict with us. What do u guys think??
Is it going to be tough for desi consultants to earn more money by placing their employees as consultants? Because there are already so many people ready to do permanent job.
May be some will fall in to that category. I know quite a few who have FT job and want to start consulting now. There is no single pattern for all.
Is it going to be tough for desi consultants to earn more money by placing their employees as consultants? Because there are already so many people ready to do permanent job.
May be some will fall in to that category. I know quite a few who have FT job and want to start consulting now. There is no single pattern for all.
chanduv23
03-04 11:04 AM
Dear IV Lawyers,
First of all a big thanks for all the help to the community. There is a new issue cooking up and is happening more frequently these days and the issue is with aceptance of EAD for employment.
We have been hearing cases where jobs offers are rescinded, because company deicded not to hire EAD holders or the first question a company representative asks is what kind of work authorization do you have? if someone says EAD, then the process never even goes further and doors are shut.
i - 9 form clearly says that one cannot discriminate against EAD.
At the most an employer has to verify if it is 180 days past filing 485 and if the job is similar ( which is in 99.99% of cases which is why the candidate applies for the job). After that, all an employer has to provide is a employment verification letter in case of an RFE/NOID/Wrongful denial - which means that employer does not really sponsor the Green card or transfer the process. Employer does not even have to fill out any forms or do any labor market formalities nor has to file any fees.
A simple employment verification letter is given for a lot of reasons like home mortgage, loans, bank, DMV and veriety of reasons and this is also a reason.
My question is - how do we tackle the question if work status is EAD or GC because most times it is asked as a casual question before the interview or during the interview or after the interview.
My hiring manager who was helping me with my RFE EVL (few years back) told me that in future he wont entertain such things and will make sure he does not hire anyone with such issues. I guess thats is what is happening everywhere because of the RFEs or wrongful denials and with the tough job market, it is a good way to filter out people.
Your suggestions and comments are appreciated.
First of all a big thanks for all the help to the community. There is a new issue cooking up and is happening more frequently these days and the issue is with aceptance of EAD for employment.
We have been hearing cases where jobs offers are rescinded, because company deicded not to hire EAD holders or the first question a company representative asks is what kind of work authorization do you have? if someone says EAD, then the process never even goes further and doors are shut.
i - 9 form clearly says that one cannot discriminate against EAD.
At the most an employer has to verify if it is 180 days past filing 485 and if the job is similar ( which is in 99.99% of cases which is why the candidate applies for the job). After that, all an employer has to provide is a employment verification letter in case of an RFE/NOID/Wrongful denial - which means that employer does not really sponsor the Green card or transfer the process. Employer does not even have to fill out any forms or do any labor market formalities nor has to file any fees.
A simple employment verification letter is given for a lot of reasons like home mortgage, loans, bank, DMV and veriety of reasons and this is also a reason.
My question is - how do we tackle the question if work status is EAD or GC because most times it is asked as a casual question before the interview or during the interview or after the interview.
My hiring manager who was helping me with my RFE EVL (few years back) told me that in future he wont entertain such things and will make sure he does not hire anyone with such issues. I guess thats is what is happening everywhere because of the RFEs or wrongful denials and with the tough job market, it is a good way to filter out people.
Your suggestions and comments are appreciated.
more...
nixstor
07-11 11:09 AM
Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.
:mad:
Premium processing does not necessarily mean that it should be done in 15 days. It depends on the complexity of the application. We all know how complex 485 is because of the name check.
The premium processing can cost 1000-1500/more for 485 and should be done in 6 months. They can use the PP money to expedite their name checks. I am not sure what kind of issues USCIS will have implementing this
:mad:
Premium processing does not necessarily mean that it should be done in 15 days. It depends on the complexity of the application. We all know how complex 485 is because of the name check.
The premium processing can cost 1000-1500/more for 485 and should be done in 6 months. They can use the PP money to expedite their name checks. I am not sure what kind of issues USCIS will have implementing this
bestia
08-08 09:08 PM
...you can also consider getting married :) which will open up more options for you
... as well as closing down many other... ;)
... as well as closing down many other... ;)
more...
pagalladkino1
07-28 06:55 AM
i just lost my job and had an approved LC with that company. i have been extending my h1 for the past 3 years now. my i 140 was withdrawn when it was first applied as the company did not give all the information when my lawyer was preparing it the second time the company gave a lot of wrong information. my current h1 expirs in dec
what options do i have ?
what options do i have ?
rajivkane
05-21 09:52 AM
HI!
I have two I-140(both approved) & want to port earlier priority date of 10/21/2003(EB-3 Classification) to my other approved I-140(EB2 Class-priority date 11/14/2005). My EB-3 I-140 was not approved at the time of filling I-485 in July'2007. Both my lawyer & me have written couple of letters to USCIS to do this but still nothing is done. We received a reply to one of my letter asking us to file I-824 "requesting an amended approval notice with retention of earlier priority date". Both I-140 are from the same employer & I am still with them. My questions are 1) do I need to file I-824 or this will be eventually done by USCIS by reminder letters? (2) Will filling I-824 will harm my case in anyway? (3) What "reason for request" to choose on I-824 when filling- as none of the existing ones fit my case( can I say "see attached" & mention ""requesting an amended approval notice with retention of earlier priority date" on anither sheet of paper? (if any one has this experience please guide me) (4) how long does it take to get this done whether we file I-824 or otherwise?(5)Any good lawyer for this?
Some more :
Murhy.com has following:
"However, we at the Murthy Law Firm see cases in which either the I-140 petition with the earlier priority date was not approved until after the I-485 filing or the option was overlooked. In those situations, NSC suggests that the Application for Action on Approved Petition (Form I-824) can be used in order to obtain proof of the change of the priority date. Form I-824 is not required in order to make the request for retention or change of priority date, but it gives a mechanism to obtain a decision and proof that the request was granted"
Some of the questions based on above:
(1) Do I require to file I-824 based on this since my EB-3 I-140 was approveD after I filed my I-485 based on EB-2.
(2) If yes, can I file I-842 or my employer need to file since this is "application for action" on I-140 petititon?
(3)Why only NSC requires this? Is this law or someone's whim?
(4) I am already waiting for nearly six month's now- based on porting I am current past six months & we already have sent two letters from my lawyer & two from my side for this.
Please guide.
Regards,
Raj
I have two I-140(both approved) & want to port earlier priority date of 10/21/2003(EB-3 Classification) to my other approved I-140(EB2 Class-priority date 11/14/2005). My EB-3 I-140 was not approved at the time of filling I-485 in July'2007. Both my lawyer & me have written couple of letters to USCIS to do this but still nothing is done. We received a reply to one of my letter asking us to file I-824 "requesting an amended approval notice with retention of earlier priority date". Both I-140 are from the same employer & I am still with them. My questions are 1) do I need to file I-824 or this will be eventually done by USCIS by reminder letters? (2) Will filling I-824 will harm my case in anyway? (3) What "reason for request" to choose on I-824 when filling- as none of the existing ones fit my case( can I say "see attached" & mention ""requesting an amended approval notice with retention of earlier priority date" on anither sheet of paper? (if any one has this experience please guide me) (4) how long does it take to get this done whether we file I-824 or otherwise?(5)Any good lawyer for this?
Some more :
Murhy.com has following:
"However, we at the Murthy Law Firm see cases in which either the I-140 petition with the earlier priority date was not approved until after the I-485 filing or the option was overlooked. In those situations, NSC suggests that the Application for Action on Approved Petition (Form I-824) can be used in order to obtain proof of the change of the priority date. Form I-824 is not required in order to make the request for retention or change of priority date, but it gives a mechanism to obtain a decision and proof that the request was granted"
Some of the questions based on above:
(1) Do I require to file I-824 based on this since my EB-3 I-140 was approveD after I filed my I-485 based on EB-2.
(2) If yes, can I file I-842 or my employer need to file since this is "application for action" on I-140 petititon?
(3)Why only NSC requires this? Is this law or someone's whim?
(4) I am already waiting for nearly six month's now- based on porting I am current past six months & we already have sent two letters from my lawyer & two from my side for this.
Please guide.
Regards,
Raj
anilsal
08-15 12:11 PM
USCIS is making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11 and that I am still waiting for the checks to be cashed they say wait for 90 days.
Many July 2nd filers have had their checks cashed (as per ). Have you verified that your application reached on June 11 via fedex?
Many July 2nd filers have had their checks cashed (as per ). Have you verified that your application reached on June 11 via fedex?
buehler
09-08 12:40 PM
There is one way in which this service might be making money. Every time you make a call, your phone company has to give a small amount of money to the receiving party's phone company. Freecall2india might have an understanding with their telephone service provider to give them a portion of this money. There are plenty of companies that provide free conference call facilities and they use this business model and have been viable for quite a while.
Given that a call to India is costlier than providing a conference call facility, will FreeCall2India make enough money from this business model? That is the million dollar question.
Given that a call to India is costlier than providing a conference call facility, will FreeCall2India make enough money from this business model? That is the million dollar question.
GCVictim
03-12 11:22 AM
My 140 approval updated after 1 yr....
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