RNGC
07-01 04:36 PM
The EM immigration is just a mess....Basically a bunch of congressmen discussed about it and created some rules!
Labor certification is the most ridiculous thing! I-140, I-485 blah blah...., just like the sub-prime mortgage mess these are paper work mess created by US lawmakers. Their intention was good, but the in reality nothing makes sense. I wish the Immigration committe invites H1 people and discuss with them the real issues just like how they speak with businesses.
I think, we should follow the EU way. Do all the stupid paperwork before you bring anyone to US. Once someone is here he/she should have a green card (atleast a temp green card). After 3 years, the temp card should be converted to a permanent green card. What is going on here is just "Modern day slavery"! H1 B people are exploited by Employers/Lawyers.
We dress nice, have cars, sometime homes, but we also have a virtual (invisible) handcuffs which noone sees!
I am just sick and tired!
Labor certification is the most ridiculous thing! I-140, I-485 blah blah...., just like the sub-prime mortgage mess these are paper work mess created by US lawmakers. Their intention was good, but the in reality nothing makes sense. I wish the Immigration committe invites H1 people and discuss with them the real issues just like how they speak with businesses.
I think, we should follow the EU way. Do all the stupid paperwork before you bring anyone to US. Once someone is here he/she should have a green card (atleast a temp green card). After 3 years, the temp card should be converted to a permanent green card. What is going on here is just "Modern day slavery"! H1 B people are exploited by Employers/Lawyers.
We dress nice, have cars, sometime homes, but we also have a virtual (invisible) handcuffs which noone sees!
I am just sick and tired!
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Lasantha
07-05 10:45 AM
Hey Gurus,
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
I am no guru BUT ....
It was current for more than the past two years, wasn't it. I think it is highly unlikely that it will be backlogged. If if it will, it could be by a very short period, 6 months maybe. This is what I think.
What do you think about EB3 ROW ?
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
I am no guru BUT ....
It was current for more than the past two years, wasn't it. I think it is highly unlikely that it will be backlogged. If if it will, it could be by a very short period, 6 months maybe. This is what I think.
What do you think about EB3 ROW ?
eb2dec2005
12-04 03:36 PM
Yes, Iam in the same boat too.
My I485 has been moved from NSC-CSC-NSC. No updates nothing at all.
I had to call and let them know that i had done my Biomterics in Dec 2007.
And also i was one of those unfortunate people , whose application was not approved , inspite of the dates being current for 2 months.
EB2 - Dec 2005
I140 approved - Oct 2006
My I485 has been moved from NSC-CSC-NSC. No updates nothing at all.
I had to call and let them know that i had done my Biomterics in Dec 2007.
And also i was one of those unfortunate people , whose application was not approved , inspite of the dates being current for 2 months.
EB2 - Dec 2005
I140 approved - Oct 2006
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singhsa3
07-12 10:19 PM
See my answers in red
I can't sleep all night.. cmon atleast give us few options.
My take on the permanent solution:
1. Recapture lost visa numbers
It will need change in law. Cannot be done without senate and congress approval
2. Medical tests are going to be valid indefinitely
Possibily but cannot be a big news, especially if we are talking about near term good news
3. Ppl who've worked for X years automatically can apply for I-485
It will need change in law. Cannot be done without senate and congress approval
5. All can apply as per the old bulletin
Already ruled out
6. ????
Most likely through a Notice of Rule Making all I-485 applications will be accept. Thats my take
cmon guys help me with this.i'm running out of ideas..:D
I can't sleep all night.. cmon atleast give us few options.
My take on the permanent solution:
1. Recapture lost visa numbers
It will need change in law. Cannot be done without senate and congress approval
2. Medical tests are going to be valid indefinitely
Possibily but cannot be a big news, especially if we are talking about near term good news
3. Ppl who've worked for X years automatically can apply for I-485
It will need change in law. Cannot be done without senate and congress approval
5. All can apply as per the old bulletin
Already ruled out
6. ????
Most likely through a Notice of Rule Making all I-485 applications will be accept. Thats my take
cmon guys help me with this.i'm running out of ideas..:D
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veni001
09-10 05:50 PM
Hi javans,
I am not an attorney, but I have seen people using 3 yrs of experience to count for 1 year of education. And EB2 category needs at least 5 years of experience in the job area in which you will be applying PERM.
Thus, 3 years of education + 3 yrs of exprience + 5 years of experience = EB2 category.
You will need an Expert letter for an accredited Evaluation to prove that 3 years of education+experience = 4 yrs of education.
I have myself not done it, but I have met few people in the past who did that.
And as far as second question goes, I have not heard anything like that at all. If you are inclined to do online course for one year, I suggest you to do Masters (1.5 years of education and .half year of research project).
Hope it helps.
Good luck!
You need to show both DOL and USCIS 4-yr degree or ABET 4-yr degree equivalent before using BS+5yr rule to qualify for EB2!
I am not an attorney, but I have seen people using 3 yrs of experience to count for 1 year of education. And EB2 category needs at least 5 years of experience in the job area in which you will be applying PERM.
Thus, 3 years of education + 3 yrs of exprience + 5 years of experience = EB2 category.
You will need an Expert letter for an accredited Evaluation to prove that 3 years of education+experience = 4 yrs of education.
I have myself not done it, but I have met few people in the past who did that.
And as far as second question goes, I have not heard anything like that at all. If you are inclined to do online course for one year, I suggest you to do Masters (1.5 years of education and .half year of research project).
Hope it helps.
Good luck!
You need to show both DOL and USCIS 4-yr degree or ABET 4-yr degree equivalent before using BS+5yr rule to qualify for EB2!
desiin_va
01-04 04:03 PM
Clink on members list, you should see the number at the bottom
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yetanotherguyinline
02-01 01:40 PM
Done! Below is my message.
I am a high tech immigrant struck in backlog for about ten years now. Imagine the agony of having to do a narrowly specified set of tasks for ten years when your peers have gone on become vice presidents! I hope the administration does work on clearing off green card back logs for hitech immigrants and help them help America by creating new enterprises and jobs.
-H
I am a high tech immigrant struck in backlog for about ten years now. Imagine the agony of having to do a narrowly specified set of tasks for ten years when your peers have gone on become vice presidents! I hope the administration does work on clearing off green card back logs for hitech immigrants and help them help America by creating new enterprises and jobs.
-H
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JunRN
08-21 10:14 PM
It's not cheating. The August 16 date is the Processing Up-date, not the posting date.
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immique
04-15 10:26 AM
I had the same problem a few years back and I believe you have to enter the total AGI(adjusted gross income) from last year's joint return even if your wife did not earn any income. As far as I remember, if you filed a joint return last year, that number will be the same for you and your wife. if you still have any doubt, you can call IRS or consult a tax professional
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rajeshalex
06-16 09:18 PM
U can get an infopass and get the receipt number.
Now for AC121 u need to have the job similar to the one mentioned in ur labor/perm. So u need that information in order to make sure the new job matches previous one.
Rajesh
Now for AC121 u need to have the job similar to the one mentioned in ur labor/perm. So u need that information in order to make sure the new job matches previous one.
Rajesh
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hmehta
08-08 03:36 PM
No problem - we are all here to rant...and find solutions....so don't feel bad abt it:)
I have applied 485 just last month (haven't got my receipt yet though) but I didn't get any RFE in the 140 process, it was approved last year. But yes, go ahead and do the 'paid consultation' - as you mentioned, most certainly they will ask you to file an ammended H1 - personally, I don't think that will be an issue in the GC process.
How did your GC process turn out? Any RFEs because of this?
Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.
Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.
Sorry about the rant and thanks for hearing me out.
I have applied 485 just last month (haven't got my receipt yet though) but I didn't get any RFE in the 140 process, it was approved last year. But yes, go ahead and do the 'paid consultation' - as you mentioned, most certainly they will ask you to file an ammended H1 - personally, I don't think that will be an issue in the GC process.
How did your GC process turn out? Any RFEs because of this?
Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.
Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.
Sorry about the rant and thanks for hearing me out.
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meridiani.planum
04-21 01:12 AM
But will the remaining time not depend on H1 period left. Example, if first 3 years of H1 used followed by 1 year EAD use then one would still get additional 3 years for H1 without being counted against the cap. But you would still have to do consular notification instead of change of status as there is no status to change once you use EAD.
thats my understanding also. he will get 3 more years (the 1 year on EAD does not count against the H1 limit). he wont be counted against the cap. He will most likely need to leave and re-enter the US (consular notification to get a new H1 stamp) to 'activate' the H1.
thats my understanding also. he will get 3 more years (the 1 year on EAD does not count against the H1 limit). he wont be counted against the cap. He will most likely need to leave and re-enter the US (consular notification to get a new H1 stamp) to 'activate' the H1.
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solaris27
12-07 08:53 AM
you can get 3 years extesion
change this lawer , he do't kow aything or trying to save company money .
change this lawer , he do't kow aything or trying to save company money .
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bekugc
04-02 11:22 AM
hi dhundhun,
this is not normal scenario; even many h1 dependent employers are providing timely paystubs like clockwork.
in visa stampings they do value bank statements with payroll deposit; so in worst case scenario they cud be used to explain ur case.
Also if ur company is mailing stubs to u via postal service, u can record the postal date on the covers and show that regularly ur receiving paystubs in a delayed fashion. The Lawyers are allowed to explain clearly in text during a RFE, they cud attach the bank statements and use this postal mark/actual pay date delays to explain ur situation.
this is not normal scenario; even many h1 dependent employers are providing timely paystubs like clockwork.
in visa stampings they do value bank statements with payroll deposit; so in worst case scenario they cud be used to explain ur case.
Also if ur company is mailing stubs to u via postal service, u can record the postal date on the covers and show that regularly ur receiving paystubs in a delayed fashion. The Lawyers are allowed to explain clearly in text during a RFE, they cud attach the bank statements and use this postal mark/actual pay date delays to explain ur situation.
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gauravsh
05-04 06:27 PM
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.
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jonty_11
12-13 04:04 PM
I am sure if Guest Woroker Programs and hence CIR is enacted...there will be a free for all...illegals scrambling to ge their Tax etc in place so that they wont be deported. Hopefully they are not allowed to file for PR so soon that there is a even bigger queue for I485...and even CIR ends up providing no relief to us.
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a_yaja
01-16 11:44 AM
In a way you are right but not entirely. It is the responsibility of the sponsoring company (that filed H1 for the person) to pay while he/she is employed with the company. Its does not matter whether he/she has a client project or not. So, as long as the sponsoring company say they are going to pay him he/she is legal.
The original poster said that she was "laid off". So the question of her sponsoring company paying her does not arise. And hence she is without a job and she knows it. On this basis I said that it would be considered fraud if she goes for H1B stamping.
The original poster said that she was "laid off". So the question of her sponsoring company paying her does not arise. And hence she is without a job and she knows it. On this basis I said that it would be considered fraud if she goes for H1B stamping.
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bestin
06-18 10:15 PM
Thanks Guys.This was what me and my attorney were thinking.The reason why the officer asks my advanced degree is misleading inspite of the fact that my labor (as well as advt)was for bachelors +5 years experience and didnt mention anything about advanced degree.
To answer your question ,yes i had about 7.5 years experience (about 6.5 at Indian Branch office and others else where) before joining current company in US.
Attorney has mentioned we will argue my bachelors degree + 5 years experience is equivalent.
BTB is it mandatory to have Masters in Labour? Wont bachelors+5 years experience be enough?
To answer your question ,yes i had about 7.5 years experience (about 6.5 at Indian Branch office and others else where) before joining current company in US.
Attorney has mentioned we will argue my bachelors degree + 5 years experience is equivalent.
BTB is it mandatory to have Masters in Labour? Wont bachelors+5 years experience be enough?
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abhijitp
01-25 07:14 PM
Thanks for your suggestions, I am sure IV-Core will note them.
Did you send out letters to the WH + IV?
The recapturing of numbers does not need legislation, it can be done by administrative intervention.
PLEASE SEND YOUR LETTERS!
Thanks!
Did you send out letters to the WH + IV?
The recapturing of numbers does not need legislation, it can be done by administrative intervention.
PLEASE SEND YOUR LETTERS!
Thanks!
sam_hoosier
11-28 02:37 PM
I have registered on USCIS website for I-485, AP and EAD. When I logged on today I saw last updated date modified to 11/25/2007.
Email notification for all the registerd cases is turned on. I did not receive any email notification for the updates
Just wondering if some one else in the same boat not receiving emails.
I have given my hotmail email ID, if that matters ?
Any Idea ...
Did you check your junk folder ?
Email notification for all the registerd cases is turned on. I did not receive any email notification for the updates
Just wondering if some one else in the same boat not receiving emails.
I have given my hotmail email ID, if that matters ?
Any Idea ...
Did you check your junk folder ?
logiclife
07-31 09:59 PM
I got a bunch that has photocopies from my lawyer of everything that went out to USCIS. 485, EAD, AP for myself and my wife.
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
Everything is ok, except that there is an extra copy of G 28 each for myself and my wife and these extra copies are not signed by attorneys.
In the middle of the package, right above the 485 forms, there are G28 forms that are properly signed. Everywhere else there is signatures where needed. But at the bottom of the bunch, there is extra G28 for each one of us that is missing signature from the attorney.
Could this be a problem? Also, where is the URL for USCIS FAQ that states under what conditions that petitions can boomerang back to us?
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