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Jerrome
10-18 04:06 PM
The Problem is my employer is not sharing this information with me.I want to make decision of moving the employer only if i know that my 140 is approved. My fear is that my employer may tell me that 140 is still pending even if it is approved.
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leena_k
01-31 07:04 PM
Thanks for the link:)
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cmphr
05-20 06:20 PM
Missed due to delay in Atlanta PERM processing center.

PD: June 2007
I-140 - Approved (Aug '08)
I-485 - Waiting...
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vikramy
09-22 01:30 PM
This is what given by my Attorney apart from your labor approval. Better double check..


FOR FORM I-140

Copies of each of the following are acceptable as long as you can provide the originals if the INS so requests.

1. Letters of previous experience detailing dates of employment, title, and duties. Each letter must be on that employer�s letterhead, dated, and signed. Each letter must be in line with the experience shown on Form ETA 750-B of the Labor Certification Application. This may not apply if the Form I-140 is being filed directly from an L-1A visa.
2. All degree certificates, and relevant marksheets.
3. All Forms W-2 from the sponsoring employer.
4. Latest 3 paychecks from the sponsoring employer.
5. All H-1 and H-4 approval notices.
6. Visa and identification pages from the principal alien�s passport, and each member of the family who will be migrating.
7. Latest Form I-94 copies (clear and must show the date and place) of last entry for each migrating member of the family.
8. Filing Fees. These vary and the exact amount will be told to you at the time of submission.
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stucklabor
07-11 05:22 PM
Alabaman,

Legal is referring to me as the stuck moderator who may not like your making fun of a Representative on this forum.

I deleted a post of his that made fun of Rep. Sensenbrenner's name.

He doesn't realize that we, the IV core team, now have to go hat in hand to the same Rep. Sensenbrenner to have the SKIL bill passed through the House Judiciary committee.

Legal wants the rest of us to pay for his freedom of expression - and no value add - on this public forum.

Enough said from me on this issue.
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rayen
12-02 01:15 PM
Experts,

My H1B is going to expire soon and I have renew now.. but my lawyer is chanrging as below( Total Cost : 3520 - Lawyer fee : 1400$), is that we can do by ourself or have to go with lawyer.Please advice....

I have approved 140 and my PD is : AUG 2006 EB2- I.

STATEMENT OF LEGAL SERVICES


H-1B visa extension deposit $ 700
H-1B visa USCIS filing fee $ 320
H-1B visa AWCIA filing fee $1,500
H-4 USCIS filing fee $ 300

Balance Due $2,820

Thanks, Rayen
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lacrossegc
08-10 07:29 PM
both you and your wife should be in US to file for AOS
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ImmigrationAnswerMan
07-02 11:40 AM
It depends on why your L was denied. The standards for the L and the H are completely different. So usually a denial on an L will not be a factor in adjudicating an H petition. If your L was denied because you had not developed the company enough to show that it was a viable company at this point, then when you file the H they might question whether your company is large enough to warrant needing someone in your position (whatever the position may be).
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spicy_guy
08-05 01:35 PM
It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)

Nice! :D The no need to go through GC process, Labor, 140, etc. Just H1 is enough to get GC. ;-)
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jonty_11
07-05 04:44 PM
Good Catch Jonty, and the guy has the audacity to claim that his(is it really his, or store bought) priority date is 2004. For the sake of thousands who are not scamming the system, I sure hope this guy had sent a single check for 140 and 485 together.
Man....I dont mean to be rude...but these are times of trial and frustration....
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saileshdude
10-06 05:06 PM
We(My wife and I) recently (July 2009) got our FPs done. immediately after that our cases got transferred from TSC to VSC.

PD: Feb 14, 2005.

I thought VSC is not processing any I-485 applications. Is anyone else in the same status ?

Also, I have to apply for EAD and AP.. Do I apply in TSC or VSC ?:confused:

Please help! :(

Do you know why your case got transfered to VSC. Do you live in Vermont or NH?
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sweet_jungle
12-04 04:56 PM
Next year in July when we will become current, it will again become a game of probability. Because of the 2 specific issues I mentioned, we will have a slightly lower probability of our cases getting picked up. So, I am trying to be pro-active to address these specific issues. The issues definitely need to be fixed as these are glaring glitches in the USCIS file transfer system. I am thinking that we can draft a letter and all affected people can write to Ombudsman. Let me know what everybody thinks

I fail to see why these cases you are referring to are any worse off than many others.

I filed my I485 in May 2007, have been current for more than a third of the interim period and still waiting.

I have filed two service requests, two congressional enquiries and nothing. So have other people and it has not helped them either.

We are all in a black hole hoping for our cases to see the light of day some time just like the WAC cases you refer to.
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CADude
07-31 10:27 PM
Mailroom indeed has to check all the documents(after cutting envelope from 3 sides, per operating manual). if clerk is not able to findout our checks then we are out of luck. wait for PD has to be current and refile.

Are you sure about this ? i heard that we can refile with proper quotes saying a filing fee was indeed issued etc ? any comments please?
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billu
05-10 12:29 PM
I see your way of viewing this; but I have to disagree with you on this.

We have to do something for ourselves and for the future high skilled immigrants; it is now or never.

It is not just about the "proposal"; everyone here knows that it is just a proposal and it has long ways to go. However, if we do not work on our agenda now, chances of getting any of our provisions in any future immigration bill are slim.

Do you have any other proposal as to "what should we do"; besides "not doing anyting"? If you do, we are more than happy to hear your opinion.

I am sorry to say and do not mean to offend you, but if you think outside the "box" of the proposal; this is the right environment to promote our agenda and bring the awareness of high-skilled immigrantion issues.

No way did i mean that not doing anything is good. all i tried to point out that a lot of people are arguing and debating about the proposals as IF they were actual laws !!let us try to find out ways in which we can have a direct or indirect impact on the bill. if you think that by debating and discussing about the proposals here in the forums will do that, then go on.
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immi_seeker
10-03 11:19 AM
I did call them... They didn't provide me the details of the Additional evidence and asked me to wait for the Notice.. Also they said they will be sending it to my address.. I was under the impression that they will be sending it to my lawyer.

Did you fill in G28?
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cleopatra
02-07 10:03 AM
My company applied for PERM as a project manager for me. It got classified as Computer information systems manager and got a very high PW.

My company knows the job I am doing is not CIS manager's job. So they appealed it, but the appeal was denied and DOL insists that it is CISM and the pay should be this high.

I have not come across a single PM making this pay (though I wouldn't object to it if I can get it :) ). This is totally absurd.

How do we prove that PM != CIS Manager and get Project manager certified under EB2 with proper wages?

Any help is greatly appreciated.
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raysaikat
03-28 06:53 PM
Dear All,

I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.

My questions are as follows:


Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?

Yes.


Given this is the Month of March/April if I get a job now how may I be able to work for an employer?

You will not be able to start working until your H1-B status kicks in. I think H1-B for the current fiscal year (Oct'09-Sep'10) is exhausted. If that's the case, then your employer has to apply for the H1-B visa when the application window opens on April 1, 2010, and you will not be able to start working until Oct 1, 2010.

If you can get CPT approved by your school, then you can work for the employer during the summer months.


How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?


You cannot apply for OPT until you finish (or about to finish) your Ph.D. requirements (including the dissertation).

If your school officials and your department approves, then you might be able to do a CPT. But that means you cannot quit school.

If you cannot get a CPT, then it might be simplest to go back to your home country after you have your H1-B approval in hand and wait it out.



If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).


Not really. The consulate may again ask for security clearance, or other documents, and may delay the approval, etc., but the fact that you quit your Ph.D. wouldn't particularly be held against you, though you should be prepared to answer why you did that to the IO.

Thank you very much for your help.
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vinabath
06-13 10:41 AM
Success Formula for EB2-I:
1)- Get rid of all EB3 => EB2 conversions
2)- Get rid of all Subs

And there you go we have a fair FIFO system, but hey do our desi folks agree with this :eek: I bet they don't, when they themselves don't like FIFO and straightforward system and how come we expect USCIS to be straightforward and follow FIFO:confused:

Moral of story: Hang in where you are, its already very complicated PD,RD, ND, Country cap, EB cat ... blah .... blah

Nice point buddy..... every situation has work around solutions. like subs and eb3 - eb2 conversions. but people do need to sacrifice like.....

Paying for the labor sub and working for greedy desi companies...

and not all people are eligible for subs or conversions. Even if they are eligible they might not want to make sacrifices.....
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xeixas
09-08 10:43 PM
I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)

How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?

This is way too confusing...
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sku
02-25 01:53 PM
This is the News Letter That I got from my attorney.
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TARP Restricts H-1B Hiring for Funds Recipients

The Troubled Assets Relief Program (TARP) recently signed into law by President Obama places strict limits on recipients of funds or certain Federal Reserve loans that want to hire high-skilled workers under the H-1B visa program for a period of two years. TARP fund recipients include certain financial institutions as well as infrastructure, energy, and automobile companies. The bill subjects recipients of TARP funds to the same rules that an "H-1B dependent" employer must follow when it sponsors a new H-1B worker. (An H-1B dependent employer is one that has 15% or more H-1B workers in the employer's total full-time workforce.) These rules include:


� The employer cannot displace any similarly-employed U.S. worker with an H-1B worker within 90 days before or after applying for H-1B status for a new employee.


� The employer cannot place any H-1B worker at an outside worksite unless that employer first makes a "bona fide" inquiry as to whether the other employer has displaced or will displace a U.S. worker within 90 days before or after the placement of the H-1B worker.


� The employer has to take good faith steps to recruit U.S. workers for the job opening, at wages at least equal to those offered to the H-1B worker. The employer must offer the job to any U.S. worker who applies and is equally or better qualified than the H-1B worker.


TARP contains provisions that may effectively limit recipients of TARP funds and Federal Reserve loans from sponsoring new H-1B workers. While H-1B dependency rules do not normally apply to H-1B workers earning at least $60,000 annually or possessing a Master's degree, these exemptions are not available to the TARP/Federal Reserve loan recipients.


The exact language of the bill states that the above requirements apply to "new employees" sponsored for H-1B status. While additional guidance may be issued from the Department of Labor, the plain language of the bill suggests that a company filing an H-1B petition on behalf of a current employee who is working with the company under F-1 Optional Practical Training, TN status, or some other work visa, should not be subject to the "H-1B dependent" rules. Similarly, the additional restrictions should not apply to petitions for extension of H-1B status for a current employee. However, an employer filing an H-1B change of employer petition for a new employee likely would be subject to these requirements.


The House-Senate Conference Committee removed a provision from the stimulus proposal that would have required recipients of TARP funds to enroll and participate in the E-Verify online employment eligibility verification program, as well as a provision that would have renewed the currently voluntary E-Verify program for an additional five years. E-Verify is currently set to expire in March 2009.

Effective Date of New Form I-9 Delayed Until April 3, 2009

The Department of Homeland Security (DHS) is extending the effective date of its new Form I-9 from February 2, 2009 to April 3, 2009. The new Form I-9 updates the list of documents acceptable for employment eligibility verification. The temporary extension will provide DHS with an opportunity for further consideration of this rule. DHS also is extending the comment period for this rule for 30 days.

Rising Unemployment May Affect PERM Processing

In a recent meeting between the Department of Labor (DOL) and representatives of the American Immigration Lawyers Association, DOL stated that rising unemployment may affect the processing of certain PERM labor certification applications. DOL is trying to integrate labor market information from various sources, such as WARN Act notices, to determine the availability of U.S. workers in areas affected by significant layoffs. DOL cited the position of Financial Analyst located in New York City as an example of a particular occupation and location where there might be qualified U.S. workers available due to recent financial industry layoffs. DOL may require employers sponsoring PERM applications for such positions to undergo "supervised recruitment" in cases where the available data indicates that there may be available U.S. workers.

Supervised recruitment is a variation of the standard PERM procedure by which applicants for a position that is the subject of a PERM application submit their resumes directly to the DOL for initial review by DOL staff. The DOL forwards to employers the resumes of applicants that it deems qualified for the position. Employers are required to interview the applicants forwarded by DOL to determine whether the applicants are in fact qualified. To date, when DOL has issued supervised recruitment notices, more than half the cases have been withdrawn by the employer.


E-Verify Start Date for Federal Contractors Extended

U.S. Citizenship and Immigration Services (USCIS) announced that Federal contractors and subcontractors can delay implementation of the use of the Department of Homeland Security's ("DHS") E-Verify system. E-Verify is a government run on-line system that combines DHS data with records from the Social Security Administration to determine whether a new hire is eligible to work in the U.S. The final rule was to have become effective on January 15, 2009, but now will not take effect until May 21, 2009. Once effective, E-Verify will become mandatory for federal contractors with projects exceeding $100,000 and for sub-contractors with projects exceeding $3,000. Contracts for less than $100,000 or for commercially available off-the-shelf items are exempt from this rule. Once E-Verify becomes effective on May 21, 2009, companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date. They will also need to begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States

US VISIT Expanded to Include Lawful Permanent Residents

The Department of Homeland Security (DHS) recently published a rule expanding the population of foreign nationals subject to the United States Visitor and Immigrant Status Indicator Technology Program ("US-VISIT") to include U.S. permanent residents. US-VISIT will apply to all permanent residents entering or exiting from an air or seaport. Permanent residents entering through land ports of entry, however, will be required to provide fingerprints only if they are referred to secondary inspection.


Under US-VISIT, foreign nationals entering the United States provide "biometrics" (fingerprints scan and digital photograph) when passing through U.S. immigration. The biometric information collected upon entry is compared to the information collected at the time that the foreign national was originally issued a visa or Permanent Resident Card ("Green Card"). The biometric information is also compared to a criminal records database to confirm that a person is admissible to the United States. Permanent residents with criminal convictions traveling outside of the U.S. should be reminded that they are likely to be detected at entry and they should be prepared to present evidence regarding their admissibility.
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windycloud
02-01 11:08 AM
Just resolve their issues so you will see most of them opening new businesses, buy houses - this will trigger high financial activity and will improve the economy automatically. Unemployment will be a thing of the past.

With all due respect, this is a bit of a self-serving exaggeration don't you think? Unemployment will be a thing of the past if they give all of us greencards? I trust many will buy properties and start businesses but enough to fix unemployment entirely??? Trust me I want my GC as badly as the next guy in line. But if we start warping facts and reality to make claims and statements in benefit of our own interests, and even worse if we actually BELIEVE in them, we'd no longer be fundamentally different from those gun clinching, Jesus loving, Obama hating rednecks of this country. We are far better educated than those average Joes and let's try to think, talk and act like it.
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