GCHope2011
09-07 04:33 AM
Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.
I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
ramankgb
06-03 11:15 AM
E filed both myself and spouse application 157 days before expiry of EAD. Received Receipt numbers immediately, since i e-filed. i did send in the documentary evidence supporting the case also.
Also received FP request, which i had to re-schedule twice(once for visit abroad, second on missing app. due to late arrival of notice). Finally got FP completed on third try.
However, i received email stating that an RFE has been send for both our applications. Still awaiting for the paper document.
Does this mean the application was accepted? Or Should i e-file once again instead of waiting on the outcome of this application as i am already a month late to expiration of EAD?
*********
RFE asked me to clarify my intend for applying for EAD (replacement or renewal). I replied that i had asked for renewal and that i was not aware of any limit on the date.
===================Update=====================
EAD Card recieved with 1 year extension from date of expiry of previous EAD.
Also received FP request, which i had to re-schedule twice(once for visit abroad, second on missing app. due to late arrival of notice). Finally got FP completed on third try.
However, i received email stating that an RFE has been send for both our applications. Still awaiting for the paper document.
Does this mean the application was accepted? Or Should i e-file once again instead of waiting on the outcome of this application as i am already a month late to expiration of EAD?
*********
RFE asked me to clarify my intend for applying for EAD (replacement or renewal). I replied that i had asked for renewal and that i was not aware of any limit on the date.
===================Update=====================
EAD Card recieved with 1 year extension from date of expiry of previous EAD.
visshy
09-29 05:08 PM
Card production ordered on 28th ! After infopass, faxing documents, contacting congressman twice, ombudsman....finally it was approved on 28th ...4 days b4 the expiry phew
Macaca
02-09 02:19 PM
Some paras from Complaints Rise Against Immigration Lawyers (http://www.washingtonpost.com/wp-dyn/content/article/2007/01/06/AR2007010601214.html). There was a nearby link that had telephone numbers. I could not find it. I had posted the numbers in a Lawyers thread. I could not find the thread.
Complaints against immigration lawyers working in and around the nation's capital are rising, say officials who investigate allegations of attorney misconduct.
Last year, the D.C. Office of Bar Counsel received 59 complaints about immigration lawyers, up from 49 in 2005 -- when, for the first time, immigration law drew more complaints than any other specialized practice area.
Bolivian immigrants Rene and Fanny Saavedra of Gaithersburg with son Alexis. Rene Saavedra won permanent U.S. residency in 2000, but his wife was mistakenly told by their attorney that she would have to wait for her green card. (By Lucian Perkins -- The Washington Post)
The bar counsel office is finalizing 2006 totals for other categories, but complaints about immigration law appear likely to rank near the top again.
Federal sanctions have been rising in recent years. Established in 2000, the bar counsel at the Executive Office for Immigration Review, the Justice Department branch that oversees U.S. immigration courts and the Board of Immigration Appeals, disciplined 47 immigration lawyers last year and 54 the previous year -- up from 22 in 2000.
Complaints against immigration lawyers working in and around the nation's capital are rising, say officials who investigate allegations of attorney misconduct.
Last year, the D.C. Office of Bar Counsel received 59 complaints about immigration lawyers, up from 49 in 2005 -- when, for the first time, immigration law drew more complaints than any other specialized practice area.
Bolivian immigrants Rene and Fanny Saavedra of Gaithersburg with son Alexis. Rene Saavedra won permanent U.S. residency in 2000, but his wife was mistakenly told by their attorney that she would have to wait for her green card. (By Lucian Perkins -- The Washington Post)
The bar counsel office is finalizing 2006 totals for other categories, but complaints about immigration law appear likely to rank near the top again.
Federal sanctions have been rising in recent years. Established in 2000, the bar counsel at the Executive Office for Immigration Review, the Justice Department branch that oversees U.S. immigration courts and the Board of Immigration Appeals, disciplined 47 immigration lawyers last year and 54 the previous year -- up from 22 in 2000.
more...
ndswaiting
05-01 06:15 PM
I have been a silent follower of IV for more than a year but this is my first post so be kind :)
I am a full time employee. My 140 was approved in Jan 2008 and I am one of those who missed the July'07 fiasco (as you can see from my PD :().
I am being given an opportunity to join another team in my company. I do not want to impact the GC process but do not want to let go of this opportunity.
The other team is ready to replicate my roles and responsibilities as per my PERM and give me a similar title. My company lawyer believes that this would be the best approach and would not hamper my existing PERM and I140 and I would not have to restart my GC process.
I am reaching out to the collective knowledge base of the IV community for their insights/inputs/comments and red flags to watch out for.
Thanks in advance :)
I am a full time employee. My 140 was approved in Jan 2008 and I am one of those who missed the July'07 fiasco (as you can see from my PD :().
I am being given an opportunity to join another team in my company. I do not want to impact the GC process but do not want to let go of this opportunity.
The other team is ready to replicate my roles and responsibilities as per my PERM and give me a similar title. My company lawyer believes that this would be the best approach and would not hamper my existing PERM and I140 and I would not have to restart my GC process.
I am reaching out to the collective knowledge base of the IV community for their insights/inputs/comments and red flags to watch out for.
Thanks in advance :)
chanduv23
10-09 10:28 AM
^^^^^^^^^^^^
more...
rupchikgulti
06-17 05:04 PM
Dude,
This had been discussed may be thousands of time and discussion never ends. Do you really need to open a thread for this.
This had been discussed may be thousands of time and discussion never ends. Do you really need to open a thread for this.
solaris27
10-03 09:16 AM
anyone is ok
more...
ganguteli
06-02 11:31 AM
Recently, I made my own PP photos using http://www.epassportphoto.com/
This is a great service - It creates a jpeg file from a picture that you upload, and you can choose the "free" option in which you can save the jpeg file with 4-6 pictures in one frame (A 4" x 6" photo can yield 6 pp photos of 2" x 2"), and take it to Walgreens/Costco/Kinkos for a printout for $0.25 each. Otherwise you pay about $8-$12 for 2 photos at the same stores!!
For a family of 4, this equates to savings of ~ $40!!!
The site has all the tools for meeting various types of visa/pp/etc photo requirements for various countries.
Wow that is so Great!!!!!! You saved $40.
Now how about contributing it to IV?
This is a great service - It creates a jpeg file from a picture that you upload, and you can choose the "free" option in which you can save the jpeg file with 4-6 pictures in one frame (A 4" x 6" photo can yield 6 pp photos of 2" x 2"), and take it to Walgreens/Costco/Kinkos for a printout for $0.25 each. Otherwise you pay about $8-$12 for 2 photos at the same stores!!
For a family of 4, this equates to savings of ~ $40!!!
The site has all the tools for meeting various types of visa/pp/etc photo requirements for various countries.
Wow that is so Great!!!!!! You saved $40.
Now how about contributing it to IV?
ashkam
02-25 11:04 AM
Well, you don't really have a choice now, do you? If she stays on in the US, she will extend her invalid status period. She cannot apply for a COS to H4 in the US because she doesn't have paystubs. Her only option is to go to India and get an H4 stamped and pronto. As to denial, it's all in the visa officer's hands.
more...
sanjay02
04-17 01:48 AM
Which state are you in? In CA you can drive till one year with foreign license. In case there is a traffic violation , or for some reason he breaks a red light the fines are 3 times the regular fine since he wont hold a USA license.
Also the insurance companies have different requirements which you need to confirm with them.
Also the insurance companies have different requirements which you need to confirm with them.
uslegals
11-11 07:07 PM
I would appreciate any advice whether E-filing is eligible for folks have I-485 case pending.
Thanks !
Thanks !
more...
aubGC
03-19 09:24 AM
I think, you need 3 latest paystubs for your H1B transfer to another employer..
Please check with attorney for confirmation...Good Luck to you
Please check with attorney for confirmation...Good Luck to you
sbmallik
09-10 10:00 AM
I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.
Thanks
Theo
Was your I-140 petition filed when you changed your status from H-1B to TN? In my opinion, it is the I-140 petition that discloses immigration intent. However, as the previous poster mentioned, your employer can extend H-1B after the I-140 approval. Till then I think you have to continue on TN status.
Thanks
Theo
Was your I-140 petition filed when you changed your status from H-1B to TN? In my opinion, it is the I-140 petition that discloses immigration intent. However, as the previous poster mentioned, your employer can extend H-1B after the I-140 approval. Till then I think you have to continue on TN status.
more...
java4yogi
09-04 12:32 PM
We do have the licence and bank accounts based on the h4 status.
My main question was when we can apply for SSN if the employee is right now in US on H4 visa and Change of Status to H1 is approved. Whether the SSN can be applied before Oct 1 is the main thing !
Thanks for the replies though, might help others in the same boat :)
My main question was when we can apply for SSN if the employee is right now in US on H4 visa and Change of Status to H1 is approved. Whether the SSN can be applied before Oct 1 is the main thing !
Thanks for the replies though, might help others in the same boat :)
vegasbaby
06-04 03:09 PM
I am hearing a lot of cases of RFE. I experienced the same when my best friends case recvd an RFE. They asked all sorts of questions. After filing a reply, there was no update for over a month.
Eventually, her lawyer re-filed the case with same center, with same set of documents (every single document was the same) under premium processing.
The same center approved her H-1B in 3 days flat. No questions asked. I guess they are looking for a legal bribe of premium processing fees :D
Eventually, her lawyer re-filed the case with same center, with same set of documents (every single document was the same) under premium processing.
The same center approved her H-1B in 3 days flat. No questions asked. I guess they are looking for a legal bribe of premium processing fees :D
more...
belmontboy
01-08 12:49 PM
your wish is my command Master, what can I do for you?
Blog Feeds
02-08 06:10 PM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjqz7ASfmO8p9T5IZqQe5pahhHLDpKhrIlWmT_Plrk_feMhSEyOlQONDQd1s06PPdZFw5shRR-9g-rR8HRXN5HZ0Mqrqxpj4cxhDvgHV2dwz9H3k_QAhKmMHwSythG4J2pcREPHhZVNrZM/s320/waiting-in-line.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjqz7ASfmO8p9T5IZqQe5pahhHLDpKhrIlWmT_Plrk_feMhSEyOlQONDQd1s06PPdZFw5shRR-9g-rR8HRXN5HZ0Mqrqxpj4cxhDvgHV2dwz9H3k_QAhKmMHwSythG4J2pcREPHhZVNrZM/s1600-h/waiting-in-line.jpg) In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html), I stated that:
This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!
If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!
It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.
When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?
These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?https://blogger.googleusercontent.com/tracker/186823568153827945-373880418577926333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/update-line-what-line-more-tragic-truth.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjqz7ASfmO8p9T5IZqQe5pahhHLDpKhrIlWmT_Plrk_feMhSEyOlQONDQd1s06PPdZFw5shRR-9g-rR8HRXN5HZ0Mqrqxpj4cxhDvgHV2dwz9H3k_QAhKmMHwSythG4J2pcREPHhZVNrZM/s320/waiting-in-line.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjqz7ASfmO8p9T5IZqQe5pahhHLDpKhrIlWmT_Plrk_feMhSEyOlQONDQd1s06PPdZFw5shRR-9g-rR8HRXN5HZ0Mqrqxpj4cxhDvgHV2dwz9H3k_QAhKmMHwSythG4J2pcREPHhZVNrZM/s1600-h/waiting-in-line.jpg) In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html), I stated that:
This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!
If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!
It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.
When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?
These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?https://blogger.googleusercontent.com/tracker/186823568153827945-373880418577926333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/update-line-what-line-more-tragic-truth.html)
spicy_guy
04-23 02:25 PM
Good news finally?
Obama presses for immigration reform - latimes.com (http://www.latimes.com/news/nationworld/nation/wire/sns-dc-obama-immigration,0,6471381.story)
Obama presses for immigration reform - latimes.com (http://www.latimes.com/news/nationworld/nation/wire/sns-dc-obama-immigration,0,6471381.story)
GCnightmare
08-28 05:33 AM
I have an apporved I/140 and RD of I/485 in May 2007 under EB3. The PD is april 01 which is unavailable per current VB. My H1 is expiring in Jan 08 (9th yr extn.) Should I get my H1 extended and also can I do it myself? Kindly advise if I go for premium processing for H1 extn., can I get it extended for 3 yrs? Any related link for extn. be appreciated. Thanks
NikNikon
February 14th, 2005, 04:41 PM
I have a D70 as well, the lens I bought first was a 70-300mm Nikon AF G lens. It's not very expensive if your looking for something affordable and has a longer reach than the kit lens that comes with the D70. I do notice a better clarity with the 18-70mm, if you have the money and need the higher quality you may want something better. I also wanted to get the SB800 as well but decided on the SB600 so I could afford the zoom lens. Some camera stores will let you rent a lens, this is a good way to find out if you want to actually buy it. I did this recently with a 500mm manual focus and determined to wait when I could afford something with a AF.
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