Panchtantra
09-01 04:06 PM
I think I am the "Chosen One" for investigation :-)
You arent alone, my friend :)
I am waiting too - similar story as yours....
You arent alone, my friend :)
I am waiting too - similar story as yours....
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seahawks
07-27 03:13 PM
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
if visa dates are current or available per country limit, receive date will be, if retrogressed, the PD on or before cut off date will be the order.
Gurus, any body know how USCIS will process 485 applications?
if visa dates are current or available per country limit, receive date will be, if retrogressed, the PD on or before cut off date will be the order.
vin13
12-08 04:56 PM
Hi!
I received my GC in first week of September'09. After receiving GC I have continued with my sponsor till now - & they continued giving me pay (after the usual big cut from my rate). During the I-485 petition filling my employer has given a letter to USCIS for "future" employment with a fixed base salary. They never gave me this after the GC & now if I go on "bench" they are refusing to give me any salary (since I am using GC & they are not bound to give me the H1B minimum wage!).They may continue my medical insurance (for family & me) provided I pay the whole part! I wanted to continue with my sponsor for six months after GC but under these circumstances is it OK to leave them now & if I face any issue at naturalization will this be a valid reason to convince the officer(in case they ask this question)- although I do not have anything in writting from my employer(except the "future employement letter" & paystubs & e-mail replies to my queries for this)
I am leaving many opportunities just to be with my sponsor for this six months!
Please guide.
Thanks,
Raj
The lawyers usually advise you to stay with the company for 6 months if you can. In your case, the employer is not willing to pay. So do you really have a choice here?
It may be easier to convince the officer that you moved on to another job (maybe similar kind) rather than having a situation where the sponsoring employer was not willing to pay.
When you are trying to make such important decisions, do not just rely on responses from blogs/forum. Consult a immigration lawyer for a few hundred dollars.
I received my GC in first week of September'09. After receiving GC I have continued with my sponsor till now - & they continued giving me pay (after the usual big cut from my rate). During the I-485 petition filling my employer has given a letter to USCIS for "future" employment with a fixed base salary. They never gave me this after the GC & now if I go on "bench" they are refusing to give me any salary (since I am using GC & they are not bound to give me the H1B minimum wage!).They may continue my medical insurance (for family & me) provided I pay the whole part! I wanted to continue with my sponsor for six months after GC but under these circumstances is it OK to leave them now & if I face any issue at naturalization will this be a valid reason to convince the officer(in case they ask this question)- although I do not have anything in writting from my employer(except the "future employement letter" & paystubs & e-mail replies to my queries for this)
I am leaving many opportunities just to be with my sponsor for this six months!
Please guide.
Thanks,
Raj
The lawyers usually advise you to stay with the company for 6 months if you can. In your case, the employer is not willing to pay. So do you really have a choice here?
It may be easier to convince the officer that you moved on to another job (maybe similar kind) rather than having a situation where the sponsoring employer was not willing to pay.
When you are trying to make such important decisions, do not just rely on responses from blogs/forum. Consult a immigration lawyer for a few hundred dollars.
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rani77
02-06 12:03 PM
Hi Friends - I work at a university and have been with them for 4 years. My boss plans on giving my a 10-12% mid-year pay increase. But our HR says that H1 workers are not eligible for mid-year pay hikes..?? IS THAT TRUE.?
Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.
Can somebody please help!
Thanks in advace.!
What your HR seems to suggest it is not logical,USCIS erstwhile INS do not dicate HR polices.This seems more like your univertisty's supposed HR policy or HR peron not literate about the immgration rules and regulation. As many have suggested i have not come across any instance what you mentioned. My spouse is on h1 with a very big company and he has been getting hikes every year in acceptable ranges what was menioned in his offer letter. Some are in mid year based on performance of the tasks he carried out succesfully.
Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.
Can somebody please help!
Thanks in advace.!
What your HR seems to suggest it is not logical,USCIS erstwhile INS do not dicate HR polices.This seems more like your univertisty's supposed HR policy or HR peron not literate about the immgration rules and regulation. As many have suggested i have not come across any instance what you mentioned. My spouse is on h1 with a very big company and he has been getting hikes every year in acceptable ranges what was menioned in his offer letter. Some are in mid year based on performance of the tasks he carried out succesfully.
more...
dilbert_cal
07-10 12:00 AM
Answer inline in different color
I'm working for a big company in US since 2001. My Lc is filed in 2001 and it is still pending in BEC (phily).
Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.
Questions
1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
The chances of USCIS calling up the company are slim - havent heard of it from anyone yet. In case, they do call and find the company is closed, they might ask for additional evidence that you worked for the company - paystubs, I.T. return or anything that proves you were working there.
2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
Can you have more than one 140 - Absolutely yes. Can you have it from the same company - YES again. In terms of which 140 to choose - here is what I might have done if I were in your position. The substitution 140 can only be filed in normal processing. For the month of July, premium processing is not available for 140 but hopefully in Auguest, USCIS will again allow premium processing. I'd had put my own labor's 140 in premium processing.
Next, I would wait for September and as soon as the bulletin comes out - there is a very very high possibility of your 2001 date becoming current then , make sure that your 485 is filed on the very first date. Your 2001 PD is better in terms of PD if both the PDs are in the same category. Otherwise, EB2 is better than EB3 as of now.
Hope this helps you.
I'm working for a big company in US since 2001. My Lc is filed in 2001 and it is still pending in BEC (phily).
Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.
Questions
1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
The chances of USCIS calling up the company are slim - havent heard of it from anyone yet. In case, they do call and find the company is closed, they might ask for additional evidence that you worked for the company - paystubs, I.T. return or anything that proves you were working there.
2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
Can you have more than one 140 - Absolutely yes. Can you have it from the same company - YES again. In terms of which 140 to choose - here is what I might have done if I were in your position. The substitution 140 can only be filed in normal processing. For the month of July, premium processing is not available for 140 but hopefully in Auguest, USCIS will again allow premium processing. I'd had put my own labor's 140 in premium processing.
Next, I would wait for September and as soon as the bulletin comes out - there is a very very high possibility of your 2001 date becoming current then , make sure that your 485 is filed on the very first date. Your 2001 PD is better in terms of PD if both the PDs are in the same category. Otherwise, EB2 is better than EB3 as of now.
Hope this helps you.
sjhugoose
January 6th, 2004, 12:48 PM
Thanks Scott! Do I understand correctly that you mean I could blend in an "unfiltered bird" over the "NeatImaged" one?
Ya thats what I was saying. Sorry if I was not clear, cold medicine blurs you clarity! Hope this idea helps a touch!
BTW, looks like your really enjoying the 100-400L!
Scott
Ya thats what I was saying. Sorry if I was not clear, cold medicine blurs you clarity! Hope this idea helps a touch!
BTW, looks like your really enjoying the 100-400L!
Scott
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mvsreddy
11-06 05:15 PM
Me too in same boat. At NSC, RD - 7/30, ND - 8/31, PD - 04/2007, EADs rcvd by 10/10 and waiting for APs. No LUDs after FP(9/28) on APs or 485s. LUD still shows 9/5 only. Any idea where is Nebraska now in processing APs???
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va_labor2002
06-16 01:45 PM
We should set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators.
Any comments from Core team ?
If everybody can send a letter/FAX same day,they will definitely hear us and listen to the issue. Can we do that ?
Any comments from Core team ?
Any comments from Core team ?
If everybody can send a letter/FAX same day,they will definitely hear us and listen to the issue. Can we do that ?
Any comments from Core team ?
more...
langagadu
02-27 02:39 PM
I like your handle though, haider420
I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..
I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..
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leo2606
09-15 08:20 PM
I would think at this point every thread should talk about just DC activities next week, chandu is right.
You might say even I have too much time in my hand, YES I have for IV activities and monitor people like you who are demotivating others.
Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"
You might say even I have too much time in my hand, YES I have for IV activities and monitor people like you who are demotivating others.
Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"
more...
RobAllan
03-24 10:38 AM
Chandu
Did you sent the Letter of Employment from your current employer or else from the one who started your GC processing, Can you please share the details.
Thanks !
Did you sent the Letter of Employment from your current employer or else from the one who started your GC processing, Can you please share the details.
Thanks !
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pani_6
07-03 12:06 PM
OK if I go the convert to Eb2 route..when do Ihave to shift to the new employer..after the new PERM is approved or after the I-14o is approved??.
more...
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immguser
03-27 05:01 PM
Hello,
I am in a same situation, this happened to me on wednesday. I have I-140 approved and lost job. In H1B on my 4.5 year.
With the new company hiring should i start the process all new? File new PERM right from the scratch?
Kindly advise.
Thanks,
Immuser
I am in a same situation, this happened to me on wednesday. I have I-140 approved and lost job. In H1B on my 4.5 year.
With the new company hiring should i start the process all new? File new PERM right from the scratch?
Kindly advise.
Thanks,
Immuser
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pathmaker
09-18 11:16 PM
What if a person has active TB and is currently being treated? Doctors are saying it will take 9 months to complete the medication.
Q1. Do we need to wait till 9 months to apply for I140 and 485?
Q2. When will the medical records be opened and monitored? is it when my 485 is being processed or before giving EAD?
Q3. If doctor says we have TB on the form, will i be queried by govt to get it checked again, or will i be rejected?"
You should have no issues and your case should not be denied based on Medical grounds read more on the following
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2
contact your attorny
-pratap
Q1. Do we need to wait till 9 months to apply for I140 and 485?
Q2. When will the medical records be opened and monitored? is it when my 485 is being processed or before giving EAD?
Q3. If doctor says we have TB on the form, will i be queried by govt to get it checked again, or will i be rejected?"
You should have no issues and your case should not be denied based on Medical grounds read more on the following
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2
contact your attorny
-pratap
more...
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hoggus
11-30 01:14 AM
Thank you very much for the replies.
Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.
About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?
Again, thank you for the advice.
Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.
About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?
Again, thank you for the advice.
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transpass
02-27 02:00 PM
Why are you giving illegal advice on the forum.
GC and H1 is employer application and employer should pay for it. It is the law.
Dude,
H1 is the employer application and employer should pay for it...Not GC...My post clearly states that you can bear expenses for GC instead of the company...Ofcourse you need to get the necessary paperwork from the company for GC as I indicated above clearly.
GC and H1 is employer application and employer should pay for it. It is the law.
Dude,
H1 is the employer application and employer should pay for it...Not GC...My post clearly states that you can bear expenses for GC instead of the company...Ofcourse you need to get the necessary paperwork from the company for GC as I indicated above clearly.
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sam_hoosier
11-27 10:03 AM
My lawyer has told me that the 180 days is from the receipt date i.e. August 3rd in your case.
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karthic
12-19 08:26 AM
Hi a_yaja,
Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo
My Inference from Memo:
When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.
Please let me know if i am wrong. Thanks
Below is the paragraph from the attached Memo
Requests for Changes in Employment or Concurrent Employment Requests
for Certain Cap-Exempt Aliens.
Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be counted
toward those limitations the first time the alien is employed by an employer
other than one described in paragraph (5). (Emphasis added.)
Documentary evidence, such as a current letter of employment or a recent pay
stub, should be provided in support of such a concurrent employment petition at
the time that it is filed with USCIS in order to confirm that the H-1B alien
beneficiary is still employed in a cap-exempt position.
At the time of filing of a concurrent employment H-1B petition that is subject to
the numerical limitation of 214(g)(1)(a):
� If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
position, then the alien will be subject to the H-1B numerical limitation, and
the concurrent employment petition may not be approved unless a cap
number is available to the alien beneficiary.
If USCIS determines that an H-1B alien beneficiary has ceased to be
employed in a cap-exempt position after a new cap-subject H-1B petition has
been approved on his or her behalf, USCIS will deny any subsequent cap-
subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
numbers are available.
Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo
My Inference from Memo:
When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.
Please let me know if i am wrong. Thanks
Below is the paragraph from the attached Memo
Requests for Changes in Employment or Concurrent Employment Requests
for Certain Cap-Exempt Aliens.
Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be counted
toward those limitations the first time the alien is employed by an employer
other than one described in paragraph (5). (Emphasis added.)
Documentary evidence, such as a current letter of employment or a recent pay
stub, should be provided in support of such a concurrent employment petition at
the time that it is filed with USCIS in order to confirm that the H-1B alien
beneficiary is still employed in a cap-exempt position.
At the time of filing of a concurrent employment H-1B petition that is subject to
the numerical limitation of 214(g)(1)(a):
� If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
position, then the alien will be subject to the H-1B numerical limitation, and
the concurrent employment petition may not be approved unless a cap
number is available to the alien beneficiary.
If USCIS determines that an H-1B alien beneficiary has ceased to be
employed in a cap-exempt position after a new cap-subject H-1B petition has
been approved on his or her behalf, USCIS will deny any subsequent cap-
subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
numbers are available.
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senthil1
01-12 01:13 PM
You cannot use your Priority date if it is denied.
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
andy garcia
07-18 04:19 PM
thanks for the answer buddy
woaaah.. that's a very little number.... :p
Last year the top 5 countries in EB got all these visas:
Total EB ****** 159,081
Philippines ***** 23,733
India ********* 17,169
Korea ******** 10,886
China ******** 9,484
Mexico ****** 8,864
The actual limit is 7% of the total EB plus FB which is:
(140,000 + 226,000) * .07 = 25,620
woaaah.. that's a very little number.... :p
Last year the top 5 countries in EB got all these visas:
Total EB ****** 159,081
Philippines ***** 23,733
India ********* 17,169
Korea ******** 10,886
China ******** 9,484
Mexico ****** 8,864
The actual limit is 7% of the total EB plus FB which is:
(140,000 + 226,000) * .07 = 25,620
masterji
07-03 07:16 PM
If you lived more than 6 months outside of India, you can choose any consulate.
Disclaimer: Not a legal advice
If you are a resident of Karnataka, TN, AP or Kerala, you need to schedule an appointment with Chennai consulate. With regards to PIMS, I guess consulates wll ask for this info. well in advance once you schedule the appointment. I got my VISA stamped from Chennai cosnulate during my visit in Feb and received my passport in 3 days. My wife who is in India now got her VISA stamped last month and the stamped passport was returned in 2 days. I don't think you need to worry too much about PIMS since the system is more streamlined now.
-MN
Disclaimer: Not a legal advice
If you are a resident of Karnataka, TN, AP or Kerala, you need to schedule an appointment with Chennai consulate. With regards to PIMS, I guess consulates wll ask for this info. well in advance once you schedule the appointment. I got my VISA stamped from Chennai cosnulate during my visit in Feb and received my passport in 3 days. My wife who is in India now got her VISA stamped last month and the stamped passport was returned in 2 days. I don't think you need to worry too much about PIMS since the system is more streamlined now.
-MN