sounakc
07-29 01:09 PM
why dallas why not chicago lock box
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NikNikon
June 16th, 2005, 03:54 PM
Hey Anders, I gave a go at lightening your shot. Would be interested in how yours came out as well.
immi2006
05-04 12:59 PM
Hi,
I spent 2 weeks just looking at all immigration.com posts and analysing the data patterns posted on the BEC, permtracker, calif 140 stage and so on... no one has published a report for a ready reckoner. I wanted to see the data sample to see where we stand today on the status as a snapshot, the data could be off the mark, because there could be folks who filed multiple LCs, and not withdrawn when one of them is approved !..or there could be employers who may have filed Eb2 and Eb3 for same person, cannot gurantee... so, the data is based on all postings of immigration.com, I would encourage u to read some of the posts to get a first hand feeling of the trends.
I spent 2 weeks just looking at all immigration.com posts and analysing the data patterns posted on the BEC, permtracker, calif 140 stage and so on... no one has published a report for a ready reckoner. I wanted to see the data sample to see where we stand today on the status as a snapshot, the data could be off the mark, because there could be folks who filed multiple LCs, and not withdrawn when one of them is approved !..or there could be employers who may have filed Eb2 and Eb3 for same person, cannot gurantee... so, the data is based on all postings of immigration.com, I would encourage u to read some of the posts to get a first hand feeling of the trends.
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gc_kaavaali
12-10 11:52 AM
In my view changing employer when you have pending 140 is risky...
any suggestions if 140 is not approved?
Filed in August 2007......doesn't look like there is much movement based on tracker!!!!
EAD in hand
any suggestions if 140 is not approved?
Filed in August 2007......doesn't look like there is much movement based on tracker!!!!
EAD in hand
more...
crystal
06-15 03:33 PM
My wife has changed her status from H4 to F1 in last
year. She will be on F1-studies till July mid
of this year. Few weeks back she got her EAD for her
F1-OPT, which will start on Aug 15 of this year.
As I am going to file AOS for her and also EAD, will
she able to work on her OPT-EAD till she gets her
I-485 EAD? Or She need to wait till she gets her
I-485 EAD to work?
As far as I know she need to wait till she gets her EAD of 485.
I sent a mail to lawyer he did not respond yet.
She is going to meet her international advisor on this sometime next week
, but he does not seem to be an expert in this area.
any ideas on this one?
year. She will be on F1-studies till July mid
of this year. Few weeks back she got her EAD for her
F1-OPT, which will start on Aug 15 of this year.
As I am going to file AOS for her and also EAD, will
she able to work on her OPT-EAD till she gets her
I-485 EAD? Or She need to wait till she gets her
I-485 EAD to work?
As far as I know she need to wait till she gets her EAD of 485.
I sent a mail to lawyer he did not respond yet.
She is going to meet her international advisor on this sometime next week
, but he does not seem to be an expert in this area.
any ideas on this one?
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TwinkleM
12-10 11:16 PM
Pls. find the answers in red ink below. Also, all the answers are based on personal experience.
on Decebmer 7 USCICS website (http://immigrationvoice.org/forum/#) shows "Your extension has been denied, and a denial notice has been sent."
My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009. Here are my questions:
Am I an illegal resident now?
Nope, you are not an illegal as their reply on your application will show the date as 7th December, which is not your fault.
Until when can I stay in the us?
The denial letter will mention the deadline for you to leave this country. Usually it is 30 days.
Should my employer appeal the case and by when should he do that, is there premium (http://immigrationvoice.org/forum/#) processing for this?
Yes. He should send the appeal within the time frame of 30 days. No there is no premium processing.
How long does the appeal process take ?
It can take anywhere from a month to a year for INS to answer the appeal. Basically appeal is done only to buy the time. Mostly its never a positive response.
Can I work while the case is appealed?
No. You cannot unless you have a back - up of EAD.
How many days can I stay in us after the case is appealed?
Till you get the verdict of the appeal.
How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?
There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.
What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?
No idea.
Can I start working once the receipt for the new h1b petition comes in?
No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.
If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?
If consulate case, then you will have to get it stamp to start working.
Can i transfer my approved I140 to a new employer ?
I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)
I will really appreciate your feedback on this.
Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.
on Decebmer 7 USCICS website (http://immigrationvoice.org/forum/#) shows "Your extension has been denied, and a denial notice has been sent."
My I-94 expired on Oct-10 2009 and H1B was valid till 30 Sep. 2009. Here are my questions:
Am I an illegal resident now?
Nope, you are not an illegal as their reply on your application will show the date as 7th December, which is not your fault.
Until when can I stay in the us?
The denial letter will mention the deadline for you to leave this country. Usually it is 30 days.
Should my employer appeal the case and by when should he do that, is there premium (http://immigrationvoice.org/forum/#) processing for this?
Yes. He should send the appeal within the time frame of 30 days. No there is no premium processing.
How long does the appeal process take ?
It can take anywhere from a month to a year for INS to answer the appeal. Basically appeal is done only to buy the time. Mostly its never a positive response.
Can I work while the case is appealed?
No. You cannot unless you have a back - up of EAD.
How many days can I stay in us after the case is appealed?
Till you get the verdict of the appeal.
How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?
There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.
What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?
No idea.
Can I start working once the receipt for the new h1b petition comes in?
No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.
If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?
If consulate case, then you will have to get it stamp to start working.
Can i transfer my approved I140 to a new employer ?
I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)
I will really appreciate your feedback on this.
Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.
more...
GCard_Dream
03-15 06:32 PM
Thanks a lot for all that good information. You mentioned about O*NET category and job zone. What is O*NET category and how do I know what category does my current job and expected future job fall under?
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kumar1
03-03 12:19 PM
Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.
Main line is this -
In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
Translation -
If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.
An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
__________________
Not a legal advice.
Main line is this -
In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
Translation -
If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.
An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
__________________
Not a legal advice.
more...
21stIcon
05-04 01:07 PM
I've been monitoring BEC&PERM for the past 30 days and delved deeper on all labor processing thread, but found none on denials of conversion, please point out some reference URLs for PERM conversion denials that would be helpful.
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chanduv23
08-06 10:02 AM
I will be there
more...
supers789
07-11 04:12 PM
As most of you know USCIS is auditing all PERM applications filed by Fragomen. My application filed on April 20th 2008 also received audit (as filed by fragomen). I was wondering how long is it taking to get the response back for these audits? Anyone receilved response for their audits filed by Fragomen?
This is mainly important for me since with PD moved to June 2006, my PD is current (carrying over from old employer), but since PERM is in Audit I cannot file for 485.
Thanks!
This is mainly important for me since with PD moved to June 2006, my PD is current (carrying over from old employer), but since PERM is in Audit I cannot file for 485.
Thanks!
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we_r_d_world
10-19 12:30 PM
Look at the profile...... join date and no. of posts.
more...
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jonty_11
03-14 03:12 PM
You can travel back to India on an expired US VISA also.
As long as you are travelling back to india (Country of citizenship)
I did that last yr
someone posted link to German Cosul in LA, which states this clearly...
As long as you are travelling back to india (Country of citizenship)
I did that last yr
someone posted link to German Cosul in LA, which states this clearly...
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indio0617
12-13 12:53 PM
Surprising right? May be this is the first time anyone would have posted this kind of post but yes I am in that situation.
I am EB2 and retrogressed with I-140 cleared. I am working for a client and they are willing to take me in and process my fresh green card. I am not too keen about it because they said they can file only on EB3.
My PD is Sept 2005. Now can you guys give our your honest opinion in what you would have done if you were in similar situation. The client is a good top 10 client and you will have a stable job that is garunteed.
Appreciate your thoughts to help my plan.
Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.
I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.
My reasoning was simple:
In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers , we have to stop thinking that GC is above everything. Work on it as much as you can, but do not miss out on good career moves.
Do what you feel is best for you and what you can make peace with. My 2 cents..
I am EB2 and retrogressed with I-140 cleared. I am working for a client and they are willing to take me in and process my fresh green card. I am not too keen about it because they said they can file only on EB3.
My PD is Sept 2005. Now can you guys give our your honest opinion in what you would have done if you were in similar situation. The client is a good top 10 client and you will have a stable job that is garunteed.
Appreciate your thoughts to help my plan.
Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.
I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.
My reasoning was simple:
In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers , we have to stop thinking that GC is above everything. Work on it as much as you can, but do not miss out on good career moves.
Do what you feel is best for you and what you can make peace with. My 2 cents..
more...
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GCHope2011
08-10 02:17 PM
I recently heard that the new immigration bill is finally going to be passed in Oct 2010. The highlights would be mainly to use all the green cards alloted irrespective of any country. And to support this bill they will receive all the 485 applications irrespective of the PD. Can anyone confirm if this is accurate info.
Thanks.
It will be better if you could mention your sources. Otherwise, it is just speculation and wishful thinking.
Thanks.
It will be better if you could mention your sources. Otherwise, it is just speculation and wishful thinking.
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LegalIndianInUSA
06-18 10:52 PM
yes it is the red colored number on the visa stamp
My visa stamp was issued in the US (revalidation locally), which they have now stopped.
The stamp says place of issue: "DEPARTMENT".
Is that sufficient to put on the 485 ?
My visa stamp was issued in the US (revalidation locally), which they have now stopped.
The stamp says place of issue: "DEPARTMENT".
Is that sufficient to put on the 485 ?
more...
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realist
11-19 02:10 PM
Were none of the people who tried from May of this year on this thread unsuccessful in getting their sibling here? Please help
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va_dude
03-11 02:56 PM
Krithi.. you said your case was similar. Have you had to travel back into the US after having switched jobs on an EAD with a pending 485?
Did you have to carry employment verification letters, paystubs, old H1b notice, AC21 docs (if any) also?
As 'tertip' noted, it would be nice if someone with first hand experience could post details on what the IO's response was when they said they did not work for the same employer anymore?
Did you have to carry employment verification letters, paystubs, old H1b notice, AC21 docs (if any) also?
As 'tertip' noted, it would be nice if someone with first hand experience could post details on what the IO's response was when they said they did not work for the same employer anymore?
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ameryki
01-02 04:10 PM
You can use your h1b to work after returning to US on AP.
I believe that H1 is valid as long as you are with the same employer but once you switch employers thats a no deal.
I believe that H1 is valid as long as you are with the same employer but once you switch employers thats a no deal.
centaur
03-28 07:23 AM
Its a report from your employer saying how many people responded, how many were INTERVIEWED and why were citizens not given your position, if they applied for it , based on the recruitment drive. If there were responses, company has no choice but to conduct interviews and come with a legitimate reason for turnig down citizens. So your lawyer is right.
Pay your lawyer after the work is done, not before, or pay in installments. That keeps the pressure on them.
Hello,
My PERM ad was placed and the lawyer said there are responses and company will have to take recruitment steps before he can file.
Company say he has done recruitment and sent report to lawyer. Lawyer says no, I have not received recruitment report. What is this recruitment report ? Is the PERM application not strong if there are responses.
I am really struggling between lawyer and company. Any thoughts. They seem to be dodging me after taking money. If i have some details from experinced gurus, I can talk to them. Else, they just delay after taking legal fee.
Please help
Pay your lawyer after the work is done, not before, or pay in installments. That keeps the pressure on them.
Hello,
My PERM ad was placed and the lawyer said there are responses and company will have to take recruitment steps before he can file.
Company say he has done recruitment and sent report to lawyer. Lawyer says no, I have not received recruitment report. What is this recruitment report ? Is the PERM application not strong if there are responses.
I am really struggling between lawyer and company. Any thoughts. They seem to be dodging me after taking money. If i have some details from experinced gurus, I can talk to them. Else, they just delay after taking legal fee.
Please help
cooler
07-20 07:19 AM
You raise a good point Maverick_08. At some point, GC no longer holds the same perceived value as one initially had assigned to it. A lot of us in this forum have been around for a decade or more (myself included) and have reached a tipping point of sorts.Those who applied for GC and were fortunate to have got it soon, probably did not go through the same level of frustration and angst that some of the others have.
In the last decade of living here a lot has probably changed in ones life. In my case
1) Perception on life.
2) Understanding the essence of being happy and what is truly important in life.
3) Tired of the Rat race (IT job)
4) Parents/old age
5) Desire to simplify life and go back to the basics.
Inspite of that some of us continue to wait (including me) for the elusive GC and then consider moving back with a potential option to return back. All for what??
Anyways, these are just ramblings from a tortured soul.
Folks, feel free to throw in your two cents about how life has changed since you applied GC and whether it really is worth it?
cooler
In the last decade of living here a lot has probably changed in ones life. In my case
1) Perception on life.
2) Understanding the essence of being happy and what is truly important in life.
3) Tired of the Rat race (IT job)
4) Parents/old age
5) Desire to simplify life and go back to the basics.
Inspite of that some of us continue to wait (including me) for the elusive GC and then consider moving back with a potential option to return back. All for what??
Anyways, these are just ramblings from a tortured soul.
Folks, feel free to throw in your two cents about how life has changed since you applied GC and whether it really is worth it?
cooler
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