chanduv23
07-05 04:25 PM
This has been discussed, we can't help.
It takes time for people to come on same page.
Lot of lawyers have conference calls with their clients - discuss what "their clients" must do.
One good thing is a lot of our members under the IV umbrella have the zeal to do something. Looking at the Munnabhai threads etc...
It is a matter of time before we get organized. IV core is working hard on various aspects.
Before anyone does anything under the IV umbrella - please contact sertasheep or pappu or macaca.
It takes time for people to come on same page.
Lot of lawyers have conference calls with their clients - discuss what "their clients" must do.
One good thing is a lot of our members under the IV umbrella have the zeal to do something. Looking at the Munnabhai threads etc...
It is a matter of time before we get organized. IV core is working hard on various aspects.
Before anyone does anything under the IV umbrella - please contact sertasheep or pappu or macaca.
bigboy007
11-05 04:15 PM
Forget about comprehensive bills. With the gridlock in Washington, and both parties trying to gain points for 2012, nothing meaningful will happen !!!!!
Forget about congress.. Immigrantion reform should start with us Immigrants if we dont go and meet atleast our lawmakers who will help us ?
Forget about congress.. Immigrantion reform should start with us Immigrants if we dont go and meet atleast our lawmakers who will help us ?
mbartosik
04-10 09:32 PM
I posted a few days ago here
http://immigrationvoice.org/forum/showthread.php?t=544
For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.
Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.
Thus we need a law to allow keeping the PD even if the job description has changed.
Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.
My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.
If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?
What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.
There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.
So in summary law changes:
1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.
2) Consider allowing concurrent PERM filing.
3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.
http://immigrationvoice.org/forum/showthread.php?t=544
For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.
Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.
Thus we need a law to allow keeping the PD even if the job description has changed.
Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.
My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.
If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?
What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.
There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.
So in summary law changes:
1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.
2) Consider allowing concurrent PERM filing.
3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.
augustus
07-15 04:29 PM
It is sad to know that the majority of the US hates us. If you can't get the bigwigs to cover, little will be known for the real American society. I cannot believe we are treated as somebody who take their jobs away. I have somehow looked at it this way - I become a US visa holder, I become a green card holder, then a I become a US citizen. In many ways, US is gaining new citizens and case in point - "EDUCATED" US CITIZENS out of many visa holders at the moment. So we are a nice catch for them - LONG TERM. I wonder if any American citizen has looked at it that way. Sooner or later, many of us will prefer to become a US Citizen right? I wonder if it is more about the racism factor.
Well, I may be wrong. But I just wonder often times about the foolishness of the society and government at large.
Well, I may be wrong. But I just wonder often times about the foolishness of the society and government at large.
more...
sk.aggarwal
11-02 06:08 AM
Call your employer and ask him for all these documents. These are agreements between your employer and client. He should have these.
sircaustic
07-24 09:15 AM
???
more...
javadeveloper
07-27 04:03 PM
Any Idea , which section of 9089 Form we need to look for the position/designation/title our company applied for? Is it F.3 or H.3? here is the 9089 form http://www.foreignlaborcert.doleta.gov/pdf/9089form.pdf
div_bell_2003
03-24 07:42 PM
It's best to contact your employer attorney about their standard practices about H1B revocations after termination of employment, but as far as I know if your H1B is revoked before your COS takes effect on Oct 1 , 09 , your OPT status stays intact till its expiry.
Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and revoke my H1? In that case will i be able to use my remaining OPT, since i will not have my H1 revoked?
Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and revoke my H1? In that case will i be able to use my remaining OPT, since i will not have my H1 revoked?
more...
ronhira
10-05 09:34 PM
Neil, Hoffman, Greg, IIya, ,
we will all love you.... and thank you for showing us the light..... to make this world a better place.....
THANK YOU
we will all love you.... and thank you for showing us the light..... to make this world a better place.....
THANK YOU
sdrblr
09-01 03:19 PM
If you (or her ) do not get the card by 2nd week, make an infopass appointment and get the PP stamped.
I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
I really for your help in Advance.
Thanks,
Lotus
I received email from USCIS this morning for my wife I-485 i.e Card Ordered for Production. I am the Primary applicant, but i am still waiting for my turn. My PD is Sep 2004 & EB2.
We booked our tickets to India before we received this email. I am travelling in 3rd week of Sep. We both have new AP's. So is i have to wait here in USA to receive the Card or can i proceed with my actual plan?. Can anybody share their expertise?.
I really for your help in Advance.
Thanks,
Lotus
more...
swamy
11-03 09:51 AM
I think this has happened a lot and not sonething to worry about before December. If by then you haven't received the receipt - then call them.
arc
08-14 01:56 PM
Hi All
Did anyone got Receipt # from this Pile?
Application Reached NSC on July 2 @ 7.55 AM and was received by R Williams?
DID OUR PILE GOT LOOKED AT?
Did anyone got Receipt # from this Pile?
Application Reached NSC on July 2 @ 7.55 AM and was received by R Williams?
DID OUR PILE GOT LOOKED AT?
more...
LostInGCProcess
09-01 09:03 PM
You are on EAD. When you fill your I-9 form with the EAD info. your on EAD...but USCIS doesnt know about this...its up to the Employer to inform the USCIS but usually (or generally) the employer don't inform the USCIS,however I don't think its mandatory to inform USCIS. In any case its not on your shoulder to inform the USCIS.
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.
Thanks....
Znan
07-15 11:03 AM
I understand your concern; however the USCIS now has concurrent filing which means that I-485 applications and I-140 applications can be filed at the same time. The USCIS will work on your case if the priority date is current even if the I-140 is not yet approved. They will simply adjudicate the I-140 at the same time they adjudicate the I-485.
The Amended I-140 was necessary to notify the USCIS of our name change. The Amended I-140 will ultimately need to be approved before your AOS application can be approved, however with concurrent filing what often ends up happening is the I-140 and I-485 are adjudicated at the same time.
Guys:
My case is different. I have 140 approved during jan2006. PD- 11/2005 EB2,
Again. Amendment 140 filed (((on 07/02/07 (RD) and 08/30/07 (ND) at TSC)) by the new company, which tookover our earlier company (New co.Much bigger in size).
Now, I have original 140 approved, and Amendment still pending. PD is current, just waiting to see how it would imapact. :confused:
Any advise from Seniors/ Gurus.. :)
Thanks in Advance
The Amended I-140 was necessary to notify the USCIS of our name change. The Amended I-140 will ultimately need to be approved before your AOS application can be approved, however with concurrent filing what often ends up happening is the I-140 and I-485 are adjudicated at the same time.
Guys:
My case is different. I have 140 approved during jan2006. PD- 11/2005 EB2,
Again. Amendment 140 filed (((on 07/02/07 (RD) and 08/30/07 (ND) at TSC)) by the new company, which tookover our earlier company (New co.Much bigger in size).
Now, I have original 140 approved, and Amendment still pending. PD is current, just waiting to see how it would imapact. :confused:
Any advise from Seniors/ Gurus.. :)
Thanks in Advance
more...
kevinkris
10-10 05:23 PM
Beware of contractual agreements between your company and the end client. Normally they will have contrac that you will no join the vendor or client directly after the contract is terminated. You will be in legal problems. This is nothing to do with your GC.
I recommend, since you go GC find a job else where once you are fired by your company.
I recommend, since you go GC find a job else where once you are fired by your company.
dskhabra
01-06 09:42 AM
There will be no movement for EB2I without spill over. It seems this year is the key as the spillover expected is much more than the previous years (based on the pending application numbers). 10K from last year's family based leftover numbers should also go to EB2 I and EB2 C.
more...
JunRN
07-18 08:32 AM
Thanks! I was worried because they may reject my application because if the PD is August, it is not qualified under the July VB. But it seems that because I am qualified anytime the VB shows current, I can apply in August without issue regarding PD.
thomasstuart
11-22 05:59 AM
Hi there,
I haven't got any ideas, but I was wondering if you ever got a solution
as I would like to do the same thing. Cheers!
I haven't got any ideas, but I was wondering if you ever got a solution
as I would like to do the same thing. Cheers!
needhelp!
10-22 08:13 PM
sw33t volunteering for this event coming all the way from San Antonio..
I know there are tons of IV members from DFW.
Please volunteer. need help!
I know there are tons of IV members from DFW.
Please volunteer. need help!
alifarhan123
08-27 03:20 PM
I got the 2 yr EAD as well, but don't know what the use of having it without I140 approval.
check_rd
11-06 06:05 PM
Let me check back on the date i had applied and let u know.
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