pansworld
07-07 04:26 PM
But at least they will be alerted to a problem. Maybe someone will take notice. Maybe they wont. If not we will figure something else out...my two cents
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desi3933
04-02 01:02 PM
.....
Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. .....
Three things here -
1. For eb-2, bachelor degree must be "single degree" and not a combination.
2. NIIT is not a recognized diploma in India and therefore has no value.
3. For eb-3 also, your labor MUST be worded in a way to allow combination of degrees. In that case also, NIIT diploma can not be used.
Even if NIIT diploma was recognized, you would have issues since NNIT diploma is not "post bachelor" but done "along with" bachelor degree. So it can't be combined.
You should consider discussing with your attorney the option of filing labor for "eb3 skilled labor" with associate degree requirement.
________________
Not a legal advice.
Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. .....
Three things here -
1. For eb-2, bachelor degree must be "single degree" and not a combination.
2. NIIT is not a recognized diploma in India and therefore has no value.
3. For eb-3 also, your labor MUST be worded in a way to allow combination of degrees. In that case also, NIIT diploma can not be used.
Even if NIIT diploma was recognized, you would have issues since NNIT diploma is not "post bachelor" but done "along with" bachelor degree. So it can't be combined.
You should consider discussing with your attorney the option of filing labor for "eb3 skilled labor" with associate degree requirement.
________________
Not a legal advice.
AB1275
12-12 01:04 PM
What was the REF about?
As a backup you can file new EB3 PERM
I didn't read the RFE but the lawyer said they have requested for Audited Financial Statements which my company does not have.
As a backup you can file new EB3 PERM
I didn't read the RFE but the lawyer said they have requested for Audited Financial Statements which my company does not have.
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psaxena
01-27 06:56 PM
I am in scottsdale
Lets fight this together.
Lets fight this together.
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waitingmygc
05-21 06:16 PM
Attorneys or Gurus please:
I have a bit different situation than Raj (rajivkane), so please suggest/answer following queries:
1. Is it advisable to file amendment I-824 or other (requesting an amended approval notice with retention of earlier priority date) instead of filing a new EB2 I-140 once EB2 Labor will get clear? My 485 is pending with EB3 I-140, where as EB-3 I-140 got approved before filing I-485 in July'2007.
2. Or it�s compulsory to file new I-140 with EB2 and once I-140 after that amendment.
3. Will it impact my pending 485 in regards to any of the above cases, which ever is correct?
Regards,
Raman
I have a bit different situation than Raj (rajivkane), so please suggest/answer following queries:
1. Is it advisable to file amendment I-824 or other (requesting an amended approval notice with retention of earlier priority date) instead of filing a new EB2 I-140 once EB2 Labor will get clear? My 485 is pending with EB3 I-140, where as EB-3 I-140 got approved before filing I-485 in July'2007.
2. Or it�s compulsory to file new I-140 with EB2 and once I-140 after that amendment.
3. Will it impact my pending 485 in regards to any of the above cases, which ever is correct?
Regards,
Raman
vin13
01-16 11:52 AM
Yes, it would be part of the lottery system (for company C)
Yes, there is a chance of H1 not going through.
It is as good as you applying for the H1-B for the first time.
Yes, there is a chance of H1 not going through.
It is as good as you applying for the H1-B for the first time.
more...
thomachan72
05-13 10:43 AM
Hi Michael, just curious. Are you doing this alone? Don't have an attorney? I am not suggesting you should have one but just curious. If only we could all do this without hiring attorneys.
Most of my friends who belong to countries with PD current are doing it themselves. They are surprised when I tell them that I use an attorney.
Most of my friends who belong to countries with PD current are doing it themselves. They are surprised when I tell them that I use an attorney.
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EndlessWait
01-10 04:45 PM
So, this would mean anyone stuck in name check should never receive FP--correct? I don't think that's the case...i know of a lot of people who get FP notices every 15 (or is it 18?) months or so and are stuck in name checks forever.
The two processes Name check & FP are parallel, not sequential.
I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)
USCIS works in strange ways...i may be using logic that's beyond their IQ :)
Take it easy...
just exactly what ur case status says ...mine hasn't changed ever since it transferred to nebraska..it still says "the case has been transferred to NSC becoz they've jurisdiction over it etc. etc '
thanks
The two processes Name check & FP are parallel, not sequential.
I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)
USCIS works in strange ways...i may be using logic that's beyond their IQ :)
Take it easy...
just exactly what ur case status says ...mine hasn't changed ever since it transferred to nebraska..it still says "the case has been transferred to NSC becoz they've jurisdiction over it etc. etc '
thanks
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ozone123
07-16 09:20 PM
Just posted this reply at http://www.numbersusa.com/helpform
Hello,
I happened to come across your fax initiative "Ask your Members of Congress to oppose the SKIL Act H-1B increases".
Seems like you have got many facts wrong.
I'm surprised that an advocacy group as yours would try to make statements that would dilute your own credibility.
Below are some corrections,
"(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies."
The above statement is a matter of perspective. People can still come on visitor visas and have babies here.In any case, I personally do know of people who have gone back to their own countries to have their babies.
"(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers."
The above statement in COMPLETELY incorrect.
Everyone on H1-B is required to pay federal, state, medicaid, Social Security and other taxes that any other native employee would pay.
On the other hand, H1-B employees dont stand to gain from the Social Security when they relocate back to their country after 6 years.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
This is incorrect too.H1-B requires labor clearance and specific skills, even for h1-b transfers.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
You got to be kidding.There is no such thing.
I would appreciate it if you can quote any official source of this info.
Well,I'm sure that the well versed senators and congressmen will be aware of these facts, and you are only losing you own credibility with them.
The trust will be out soon.
Sincerely.
XXXXX
Hello,
I happened to come across your fax initiative "Ask your Members of Congress to oppose the SKIL Act H-1B increases".
Seems like you have got many facts wrong.
I'm surprised that an advocacy group as yours would try to make statements that would dilute your own credibility.
Below are some corrections,
"(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies."
The above statement is a matter of perspective. People can still come on visitor visas and have babies here.In any case, I personally do know of people who have gone back to their own countries to have their babies.
"(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers."
The above statement in COMPLETELY incorrect.
Everyone on H1-B is required to pay federal, state, medicaid, Social Security and other taxes that any other native employee would pay.
On the other hand, H1-B employees dont stand to gain from the Social Security when they relocate back to their country after 6 years.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
This is incorrect too.H1-B requires labor clearance and specific skills, even for h1-b transfers.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
You got to be kidding.There is no such thing.
I would appreciate it if you can quote any official source of this info.
Well,I'm sure that the well versed senators and congressmen will be aware of these facts, and you are only losing you own credibility with them.
The trust will be out soon.
Sincerely.
XXXXX
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h1b_tristate
07-28 08:35 PM
Hi Everyone,
Thanks for your replies. I called a couple of lawyer offices and this is the response i got.
For the candidate to switch jobs here are the rules:
1) The labour in the new company should be filed 365 days BEFORE the end of the second H1B.
AND
2) To keep getting 3 year extentions, your I-140 in the First company should be approved
AND
3) The First company should NOT revoke your existing Green Card application.
Thanks for your replies. I called a couple of lawyer offices and this is the response i got.
For the candidate to switch jobs here are the rules:
1) The labour in the new company should be filed 365 days BEFORE the end of the second H1B.
AND
2) To keep getting 3 year extentions, your I-140 in the First company should be approved
AND
3) The First company should NOT revoke your existing Green Card application.
more...
peer123
04-03 08:00 PM
I am sorry m friend, I can understand, if I can console you in any way, I lost couple of offers like this already, I have confirmed with my potential employer he seem to understand the process about EAD and said it should just work fine.
hopefully it will work out...
hopefully it will work out...
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rheoretro
08-08 07:33 PM
...of meaningless "predictions."
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gc_chahiye
10-01 12:52 PM
They are not dumb , they might be already keeping a watch on you while on soil.
no the point is, CHECKING itself is taking 2-3 years. Why would they start keeping a watch on someone if he/she is not a suspect? There are literally millions of pending applications, they cant keep a watch on everyone.
The reason for slow name checks was discussed earlier somewhere (Ombudsmans report?): lack of resources and interest on the FBI side of things.
no the point is, CHECKING itself is taking 2-3 years. Why would they start keeping a watch on someone if he/she is not a suspect? There are literally millions of pending applications, they cant keep a watch on everyone.
The reason for slow name checks was discussed earlier somewhere (Ombudsmans report?): lack of resources and interest on the FBI side of things.
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Munna Bhai
01-09 12:44 PM
I have filed I-140 in May 2007 and it is still pending. Is there anyone in this same situation??Please let me know to whom to contact.
-M
-M
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jsb
11-28 01:19 PM
Fee : $305.00
Applied on line, printed the form.
Attached the following and sent them to USCIS
1) 485 - copy.
2) Old APs 2 - Copies.
3) Cover letter explaining that I need to visit my parents as they are old.
4) DL - Copy.
5) Photos : 2 (write A# and name back of them) (I forgot to send the photos with the application)
I forgot to attach the photos and got RFE, sent photos and approved yesterday. Waiting for the physical copy.
Item (3) the cover letter, is not required, but there is no harm to include one. Besides that include photo page of your passport (to confirm you are who you say you are) help speed up the process.
Applied on line, printed the form.
Attached the following and sent them to USCIS
1) 485 - copy.
2) Old APs 2 - Copies.
3) Cover letter explaining that I need to visit my parents as they are old.
4) DL - Copy.
5) Photos : 2 (write A# and name back of them) (I forgot to send the photos with the application)
I forgot to attach the photos and got RFE, sent photos and approved yesterday. Waiting for the physical copy.
Item (3) the cover letter, is not required, but there is no harm to include one. Besides that include photo page of your passport (to confirm you are who you say you are) help speed up the process.
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tikka
05-31 04:58 PM
Now is the time to take action.
Thank you. If you could be so kind to keep encourgaing people to contribute and then post in the funding thread.
we need $ for lobbying.
Thank you
Thank you. If you could be so kind to keep encourgaing people to contribute and then post in the funding thread.
we need $ for lobbying.
Thank you
more...
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GlobalCitizen
07-26 09:07 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
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redgreen
08-04 01:38 PM
If she is on H4, as long as H1 is valid she can continue legally in US. I do not see any reason for her to go back.
She can file I-485 as a dependent, since she is still the wife of the I-485 primary applicant.
She can file I-485 as a dependent, since she is still the wife of the I-485 primary applicant.
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casinoroyale
03-10 12:23 AM
I don't understand in what cases consulate holds a person's passport. What if the applicant wants to return back home country instead of waiting in Canada?
greyhair
09-08 12:54 PM
Ban in private company out sourcing also is very much necessary for USA. These so called multinational companies are minting money and this is not benefitting any one except the higher executives and board of directors of those companies. and of course Politricians.
PS:- If I am in India I will never say that OS is necessary, India should grow on its own pace with her talent and brains. India should have their own economy and techonology and not OS money going around.
Great OH, baan Private OS also.
India is growing of its own, using the talent and brains partially to fulfill orders outsourced from across the world. What is wrong with that? Its a fair business practice. Back in 1980s and early 90s no one in rich countries were oppose to the idea of open business between all the countries. Back then everybody in rich countries thought that since they already have well placed institutions and larger companies, they will buy out all the local companies in smaller poor countries, creating more employment for people in rich countries. No one in the rich countries was oppose to the idea of open economies back then. Guess what. We have come a full circle now. Just because it is hurting a few million people in rich countries, all of a sudden OUTSOURCING is a curse word. Get over it people, cry as you may but outsourcing aren't stopping. Ohio is playing the election gimmicks. OH government is not outsourcing any work anyways. To the contrary, if OH was outsourcing, the State government would be more productive and without deficit.
One more thing. Outsourcing is the not reason why Indian economy is doing better than others. Because some work is outsourced to India does not simply mean outsourcing is the reason for better economy. This is a simple explanation but the wrong explanation. Indian economy is doing better because during a course of many decades, people and government have spent less than what they make/produce and more importantly, instead of throwing money on the wrong wars, they spent money on the right things. Is that so difficult to understand that we must credit outsourcing for the state of Indian economy.
PS:- If I am in India I will never say that OS is necessary, India should grow on its own pace with her talent and brains. India should have their own economy and techonology and not OS money going around.
Great OH, baan Private OS also.
India is growing of its own, using the talent and brains partially to fulfill orders outsourced from across the world. What is wrong with that? Its a fair business practice. Back in 1980s and early 90s no one in rich countries were oppose to the idea of open business between all the countries. Back then everybody in rich countries thought that since they already have well placed institutions and larger companies, they will buy out all the local companies in smaller poor countries, creating more employment for people in rich countries. No one in the rich countries was oppose to the idea of open economies back then. Guess what. We have come a full circle now. Just because it is hurting a few million people in rich countries, all of a sudden OUTSOURCING is a curse word. Get over it people, cry as you may but outsourcing aren't stopping. Ohio is playing the election gimmicks. OH government is not outsourcing any work anyways. To the contrary, if OH was outsourcing, the State government would be more productive and without deficit.
One more thing. Outsourcing is the not reason why Indian economy is doing better than others. Because some work is outsourced to India does not simply mean outsourcing is the reason for better economy. This is a simple explanation but the wrong explanation. Indian economy is doing better because during a course of many decades, people and government have spent less than what they make/produce and more importantly, instead of throwing money on the wrong wars, they spent money on the right things. Is that so difficult to understand that we must credit outsourcing for the state of Indian economy.
garybanz
09-26 04:19 PM
Which number did you call to get the recipt numbers? What info did you have to provide?
Thanks.
Thanks.
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