stucklabor
03-16 12:38 PM
I am confused stucklabor. I thought that labor decided ur job qualifications etc. I mean when i applied for my I-140 (i did not file concurrently btw). I was asked more info regarding my company and all of the company documents. I wasnt being sarcastic or anything i am just trying to understand what is going on.
Eb3_nepa, you should probably read the "Green Card process and problems" FAQ.
In addition, when in my post I said "you" I didn't mean you personally. It was a general "you". And that was an example, not directed at your situation personally since I have no idea about your situation.
In labor cert, the company only advertises for an American for the job that is being proposed to be given to the foreigner. It also does include the foreigner's resume to a certain degree, but in general, the foreign worker's qualifications only get examined at I140. So a labor cert could be filed that is very tailored so that the chances of an American being qualified for the job is 0.01%. Then the foreign worker has to prove that he/she is qualified for the job. I140 also is the stage where USCIS also satisfies itself that the job is a standard job, not a made up job that will exclude most Americans. So all this happens at the 140 stage. Meanwhile, someone who wants to file a 485 can do it concurrently and get EAD and AP. They can even file a second labor cert at their own time and do things the right way. So the possibilities of fraud exist. USCIS has to balance quick processing vs diligent processing.
So anyway, read the report. The report doesn't say anything about mismanagement or corruption at USCIS.
Eb3_nepa, you should probably read the "Green Card process and problems" FAQ.
In addition, when in my post I said "you" I didn't mean you personally. It was a general "you". And that was an example, not directed at your situation personally since I have no idea about your situation.
In labor cert, the company only advertises for an American for the job that is being proposed to be given to the foreigner. It also does include the foreigner's resume to a certain degree, but in general, the foreign worker's qualifications only get examined at I140. So a labor cert could be filed that is very tailored so that the chances of an American being qualified for the job is 0.01%. Then the foreign worker has to prove that he/she is qualified for the job. I140 also is the stage where USCIS also satisfies itself that the job is a standard job, not a made up job that will exclude most Americans. So all this happens at the 140 stage. Meanwhile, someone who wants to file a 485 can do it concurrently and get EAD and AP. They can even file a second labor cert at their own time and do things the right way. So the possibilities of fraud exist. USCIS has to balance quick processing vs diligent processing.
So anyway, read the report. The report doesn't say anything about mismanagement or corruption at USCIS.
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parablergh
01-11 01:29 PM
Just because you are here on an L-1A, that does not qualify you for EB1. The immigrant petition in question is likely the Multinational Manager (MM) I-140. If you were a manager abroad and are performing in a managerial role in the U.S., you may qualify for EB1. As you initially came over in L-1B status, it is more likely than not that you will not qualify for EB1.
If you were in a managerial role (either functional or personnel) abroad, it may be worth discussing this option with your attorney. Odds are that they already examined this possibility and determined that it was an unlikely to succeed.
If you were in a managerial role (either functional or personnel) abroad, it may be worth discussing this option with your attorney. Odds are that they already examined this possibility and determined that it was an unlikely to succeed.
dummgelauft
06-15 12:40 PM
Dear Friends,
Please advise me for the following relating to my birth certificate that I have to use for Immigration purposes.
One or two alphabets of my name on birth certificate are different from my passport and secondary school. In addition, my family name is not included in the certificate. Rest of the information is all fine and matching with my passport and secondary school certificates( like DOB, Parents, Place etc)
I have some questions
1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
2. Do I need to furnish any kind of affidavit along with original birth certificate, if yes, please share the format for those, who is writing these affidavit and any specific stamp paper/value etc?
3. Any guidelines in order to correct the information in my original certificate.
4. Any other vital information in this regard
Thanks you all.
Zimmyneuro
Hey, What you really mean is that one or two LETTERS in your name do not match your name on the passport. An ALPHABET is made up of ALL the letters in a languge. The neglish ALPHABET is made up of LETTERS from A to Z.
Please advise me for the following relating to my birth certificate that I have to use for Immigration purposes.
One or two alphabets of my name on birth certificate are different from my passport and secondary school. In addition, my family name is not included in the certificate. Rest of the information is all fine and matching with my passport and secondary school certificates( like DOB, Parents, Place etc)
I have some questions
1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
2. Do I need to furnish any kind of affidavit along with original birth certificate, if yes, please share the format for those, who is writing these affidavit and any specific stamp paper/value etc?
3. Any guidelines in order to correct the information in my original certificate.
4. Any other vital information in this regard
Thanks you all.
Zimmyneuro
Hey, What you really mean is that one or two LETTERS in your name do not match your name on the passport. An ALPHABET is made up of ALL the letters in a languge. The neglish ALPHABET is made up of LETTERS from A to Z.
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mirage
07-11 03:54 PM
I'm not sure if most of the people here knows the reason behind EB-3 Disaster. Clinton gave amnesty to thousands of illegal workers and ask them to file Labor Certs. They were all taken as EB-3 with PD Apr'01-2001. I think they are called 245 I cases. Google it and find out.
That is the reason EB3-I is not moving and will not go anywhere as other people may file in EB-2 and move on, but 1000s of illegal workes are stuck ahead of us...
That is the reason EB3-I is not moving and will not go anywhere as other people may file in EB-2 and move on, but 1000s of illegal workes are stuck ahead of us...
more...
HOPE_GC_SOON
07-19 08:43 AM
Hi Leoindiano:
What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.
my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.
Can you enlighten us little bit more.
From , it appears that most people got their GC's without any LUD's. May be most cases are preadjucated and there will be only one final status change.
What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.
my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.
Can you enlighten us little bit more.
From , it appears that most people got their GC's without any LUD's. May be most cases are preadjucated and there will be only one final status change.
Humhongekamyab
08-22 02:59 PM
Buddy for what I know everybody (mis)used the number so much that the US CIS had to change the extension. Now we will have to wait for somebody to (re)figure the extensions for the Service Center.
more...
josecuervo
08-12 10:21 PM
To celebrate the success :D
Success of ???
Success of ???
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asekhon
10-30 09:33 AM
yup,
I got the same emails and same message update. I applied for 485 in June 2004 with a priority date of 04'2003.
I got the same emails and same message update. I applied for 485 in June 2004 with a priority date of 04'2003.
more...
insbaby
11-15 12:37 PM
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Goodintentions
01-29 09:16 PM
Dear All,
First of all, the idea of this note is to present some facts and thoughts, not to take sides. I am stuck in the GC line for a very long time and I have nothing to gain.
1. The present GC line is clogged due to the fact that between 2001 - 2003 (or 2004, I do not remember) the H1B quota was increased from 65000 to 130000 and even to 215000 at one point. Most of the skilled folks came from India but there was no proportional increase in GC quota for India
2. In other words, the US government prefers people to come and work at reduced wages and go back to their native countries. Every year wave after wave of new comers can keep coming, to keep costs low and profitability high, but they will not be encouraged to settle here. Like it or not, Capitalism is all about making money, everything else is secondary!
3. Many Indian companies stopped processing H1Bs after they realized that despite draconian bonds and vieled threats, the Indian techies on H1Bs switched jobs and started filing for GCs
4. Currently there is no limit on L1 visas. I am not sure how many actually come with L1 visas, but wherever I have been I have noticed that 80% of the project colleagues hold L1 visas. This implies that this no. could probably run to several thousands. Technically, H1B has been the eyesore to many people who comment about foreign workers though people coming on L1 far outweigh employees on H1. Is this because H1s have the option to file for GC (except ofcourse L1A)?
5. Under the circumstances, it is not clear how increasing H1Bs will help when there is a continuous inflow of L1 skilled workers over and above the 65000 H1 quota. Further, most of the H1 employees file for their GCs and join the eternal line and the never ending wait. So, in reality (like me) they get stuck with their employers and due to various family commitments, such as grown up children going to high school / college, are forced to pull on and sacrifice their entire active work life, under the threat of job insecurity!
6. The right and scientific approach would be to take a clear statistical account of all the skilled manpower available (US Citizens, GCs, EAD holders, EB2 / EB3 friends in the endless GC line) and try to map this data with the available jobs and the projected market situation over the next 5 years. Based on the scientific, quantitative analysis the government should decide on bringing in additional workforce. That would be logical and mathematical. There is no point flooding the market and creating social tension.
7. Instead of further complicating the quagmire of GC, the government should consider granting permanent residency to legal immigrants who have put in 10 continuous years of stay, without any criminal record
8. It is only in the USA that the system of giving GCs is NOT time bound. In every other western nation, every milestone has a definite pre-defined time period. I do not mind if the US says, "Stay for 20 years to get a GC!" Well , then it becomes a personal choice for one to take it or leave it. Sadly, we do not have this option!
Let us hope that something will work out before the end of the current term (2012)
Best wishes!
First of all, the idea of this note is to present some facts and thoughts, not to take sides. I am stuck in the GC line for a very long time and I have nothing to gain.
1. The present GC line is clogged due to the fact that between 2001 - 2003 (or 2004, I do not remember) the H1B quota was increased from 65000 to 130000 and even to 215000 at one point. Most of the skilled folks came from India but there was no proportional increase in GC quota for India
2. In other words, the US government prefers people to come and work at reduced wages and go back to their native countries. Every year wave after wave of new comers can keep coming, to keep costs low and profitability high, but they will not be encouraged to settle here. Like it or not, Capitalism is all about making money, everything else is secondary!
3. Many Indian companies stopped processing H1Bs after they realized that despite draconian bonds and vieled threats, the Indian techies on H1Bs switched jobs and started filing for GCs
4. Currently there is no limit on L1 visas. I am not sure how many actually come with L1 visas, but wherever I have been I have noticed that 80% of the project colleagues hold L1 visas. This implies that this no. could probably run to several thousands. Technically, H1B has been the eyesore to many people who comment about foreign workers though people coming on L1 far outweigh employees on H1. Is this because H1s have the option to file for GC (except ofcourse L1A)?
5. Under the circumstances, it is not clear how increasing H1Bs will help when there is a continuous inflow of L1 skilled workers over and above the 65000 H1 quota. Further, most of the H1 employees file for their GCs and join the eternal line and the never ending wait. So, in reality (like me) they get stuck with their employers and due to various family commitments, such as grown up children going to high school / college, are forced to pull on and sacrifice their entire active work life, under the threat of job insecurity!
6. The right and scientific approach would be to take a clear statistical account of all the skilled manpower available (US Citizens, GCs, EAD holders, EB2 / EB3 friends in the endless GC line) and try to map this data with the available jobs and the projected market situation over the next 5 years. Based on the scientific, quantitative analysis the government should decide on bringing in additional workforce. That would be logical and mathematical. There is no point flooding the market and creating social tension.
7. Instead of further complicating the quagmire of GC, the government should consider granting permanent residency to legal immigrants who have put in 10 continuous years of stay, without any criminal record
8. It is only in the USA that the system of giving GCs is NOT time bound. In every other western nation, every milestone has a definite pre-defined time period. I do not mind if the US says, "Stay for 20 years to get a GC!" Well , then it becomes a personal choice for one to take it or leave it. Sadly, we do not have this option!
Let us hope that something will work out before the end of the current term (2012)
Best wishes!
more...
sureshd
07-01 05:34 PM
Hi All,
Company A:
I am on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
Applied for MTR (I-120 B). Now it is at Texas Service center (since May1, 2008).
Company B:
Now this company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
1. Do I Eligible for Premium Processing of I-140?
2. If iam not eligible for Premium Processing, still do I eligible for 8th year extension based on my Labor applied on Apr21, 2008 (365 days before my 7th year H1B expiry)? Even when company A withdraws my MTR.
Please advice.
Thanks
Company A:
I am on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
Applied for MTR (I-120 B). Now it is at Texas Service center (since May1, 2008).
Company B:
Now this company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
1. Do I Eligible for Premium Processing of I-140?
2. If iam not eligible for Premium Processing, still do I eligible for 8th year extension based on my Labor applied on Apr21, 2008 (365 days before my 7th year H1B expiry)? Even when company A withdraws my MTR.
Please advice.
Thanks
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rbalaji5
07-17 07:55 PM
Really Thank and Appreciate Mr Gonzales.
Thank you so much Mr. Emilio Gonzalez
Thank you so much Mr. Emilio Gonzalez
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04-13 05:55 PM
I forgot to mention that I am also proficient in Photoshop 7.
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Munna Bhai
12-03 12:24 PM
Anyone with a detailed answer like logiclife spelled out here?
No, you don't have to be employed while in EAD but do remember GC is future job, if have something to show them then you are safe.
No, you don't have to be employed while in EAD but do remember GC is future job, if have something to show them then you are safe.
more...
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coolpal
03-30 10:43 AM
If your GC is getting approved today, then your priority date should be current, so I assume you will be (or would have) applied for dependent 485 for your wife (and son?) so they are going to be on AOS...
..or, am I missing something?
pal :)
..or, am I missing something?
pal :)
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eastindia
05-10 10:31 AM
You nailed it my friend.
I have been thinking of it for years.
It has to be discussed very seriously.
Note: Give me your lawyer email id. I will ask him to charge every question you ask, so he does not have to have any clients except you for his living.
A lot of lawyers do not charge money for every question you ask if you are their client. You can easily email them and ask questions or post on their intranet. It is part of their service that helps them get more business.
If your employer is their client, then of course the lawyer may not respond to you. Why should he?
I have been thinking of it for years.
It has to be discussed very seriously.
Note: Give me your lawyer email id. I will ask him to charge every question you ask, so he does not have to have any clients except you for his living.
A lot of lawyers do not charge money for every question you ask if you are their client. You can easily email them and ask questions or post on their intranet. It is part of their service that helps them get more business.
If your employer is their client, then of course the lawyer may not respond to you. Why should he?
more...
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PBECVictim
07-13 01:44 PM
Nothing
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dwhuser
06-15 04:43 PM
yes, he is working for a desi company so he doesnot get paid when he's on bench. His last payroll ran on January 2009.
Thanks for the replies, we didn't know that the Immigration officer at the Port of entry can ask for a Paystub or a W2.
Thanks for the replies, we didn't know that the Immigration officer at the Port of entry can ask for a Paystub or a W2.
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gcdreamer05
08-18 12:40 AM
Dear Attorney,
I live in boston and come under Texas service center, my I-140 was approved from texas.
But my pending 485 was sent to Nebraska Service center.
I am now trying to file EAD application,
I am confused if i need to send the EAD application to NSC (based on my pending 485) or should i send to Texas service center (based on my address jurisdiction).
My RFE's have come from nebraska only.
So could you please clairfy where i need to file EAD. I am doing a paper based filing and hence this question.
Thanks
Dreamer
I live in boston and come under Texas service center, my I-140 was approved from texas.
But my pending 485 was sent to Nebraska Service center.
I am now trying to file EAD application,
I am confused if i need to send the EAD application to NSC (based on my pending 485) or should i send to Texas service center (based on my address jurisdiction).
My RFE's have come from nebraska only.
So could you please clairfy where i need to file EAD. I am doing a paper based filing and hence this question.
Thanks
Dreamer
vban2007
06-07 02:21 PM
Where you filed I-485 is not a criteria to select where the EAD application should be submitted (renewal or first time). Just check the state and supporting service center and file it there. I filed my I-485 in Nebraska alongwith first time EAD and AP. But now (as written in I-765 instructions), I need to file it in the service center that processes my state (Georgia). Hope it helps.
IF� THEN �
Your petition
receipt number
begins with
�WAC�
Send supporting documentation to:
California Service Center
Attn: E-Filed I-765
P.O. Box 10 765
Laguna Niguel, CA 92607-0765
Your petition
receipt number
begins with �LIN�
Send supporting documentation to:
Nebraska Service Center
Attn: E-Filed I-765
PO Box 87373
Lincoln, NE 68501-7373
Your petition
receipt number
begins with �SRC�
Send supporting documentation to:
Texas Service Center
Attn: E-Filed I-765
P.O. Box 852401
Mesquite, TX 75185-2401
Your petition
receipt number
begins with �EAC�
Send supporting documentation to:
Vermont Service Center
Attn: E-Filed I-765
75 Lower Welden Street
St. Albans, VT 054790001
IF� THEN �
Your petition
receipt number
begins with
�WAC�
Send supporting documentation to:
California Service Center
Attn: E-Filed I-765
P.O. Box 10 765
Laguna Niguel, CA 92607-0765
Your petition
receipt number
begins with �LIN�
Send supporting documentation to:
Nebraska Service Center
Attn: E-Filed I-765
PO Box 87373
Lincoln, NE 68501-7373
Your petition
receipt number
begins with �SRC�
Send supporting documentation to:
Texas Service Center
Attn: E-Filed I-765
P.O. Box 852401
Mesquite, TX 75185-2401
Your petition
receipt number
begins with �EAC�
Send supporting documentation to:
Vermont Service Center
Attn: E-Filed I-765
75 Lower Welden Street
St. Albans, VT 054790001
kondur_007
07-01 03:22 PM
It is a difficult scenario. Chances are that it would be very difficult for your mom to ever prectice in US (not to discourage, but tell you the fact).
first one has to pass USMLE step 1, Step 2 (CK and CS) and get ECFMG certification (info at ECFMG� | Educational Commission for Foreign Medical Graduates (http://www.ecfmg.org))
Then apply for residency and get into the residency (which is extremely competitive, requires high USMLE scores and reference letters and if you are old grade, many programs do not consider you).
Then Do the three/four year residency and pass USMLE step 3, get the license.
Absolutely no way to practice medicine unless she goes through above path (experience and training in india does not matter; only thing that will matter is her MBBS (if from regonized college there) which will allow her to sit for USMLE).
Many doctors in your mom's situation come here and do some paramedical job (phelbotomist, physical therapist etc).
Good Luck.
first one has to pass USMLE step 1, Step 2 (CK and CS) and get ECFMG certification (info at ECFMG� | Educational Commission for Foreign Medical Graduates (http://www.ecfmg.org))
Then apply for residency and get into the residency (which is extremely competitive, requires high USMLE scores and reference letters and if you are old grade, many programs do not consider you).
Then Do the three/four year residency and pass USMLE step 3, get the license.
Absolutely no way to practice medicine unless she goes through above path (experience and training in india does not matter; only thing that will matter is her MBBS (if from regonized college there) which will allow her to sit for USMLE).
Many doctors in your mom's situation come here and do some paramedical job (phelbotomist, physical therapist etc).
Good Luck.