Monday, June 13, 2011

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  • DSLStart
    07-30 07:28 PM
    Just produce the docs thet asked. As for the pay difference, the labor mentioned salary is supposed to be paid to you once you receice GC. Don't worry about it.

    Hello,

    I just received RFE for I-140.
    I-140 Details:
    I have applied I-140 under EB2 India.
    I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
    In labor(PERM) we mentioned Masters required
    & Major field of study is Computers.

    Do I qualify for EB2?? Plz let me know.

    RFE details:
    1) Degree evaluation(what's the procedure?)
    &
    2) They want most recent W2 for 2007.

    In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

    In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.

    Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
    Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
    Is this a serious problem???

    My labor already got approved.
    My company is financially very good.

    Now which wage USCIS consider or match with W2??

    I will really appreciate your response.

    Thanks.





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  • chanduv23
    12-16 10:59 AM
    A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
    This happened in Wayne , NJ.
    I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?

    We must get this addressed. Write to the DMV to sort this out. Pending 485 is a valid status and that needs to be sorted out.

    Lets make a list of DMVs not accepting pending 485 as valid form.





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  • srisra
    07-13 09:25 PM
    my lawyer says... apply now.. dont know what will be situ in october.. it might go forward.. backward...my pd is 10/2003.

    he says since my medicals are over.. all docs are ready ... so he says file and be part of lawsuit..
    is this wise idea...if i say yes.. he will file by next week..
    i already sent money for my wife...
    my company is not covering my wife's expenses.
    the lawyer is charing 600 for legal and 745 for filing...
    are these
    reasonable fees





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  • ars01
    06-27 10:48 AM
    My lawyer asked me to write my A# from my OPT card that I used in 1999-2000. According to him A# is assigend once for an individual and if you were assigned before you can continue to use that in future. Though I never used that in the past 7-8 years.

    My wife got an OPT card last month and we used A# from that card for her dependent I-485 application



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  • Saralayar
    07-20 01:49 PM
    Yes, but you'll need hard copy of your labour certificate which takes 1-3 weeks to arrive. I suggest keep ALL other documents 100% ready to go and send the application the moment your LC arrives. If it does not arrive by 16th, include whatever proof you have of the LC approval (email nitification etc..) and send your application. you never know they may accept it and issue an RFE later..
    The priority date should be on or before June 30, 2007 for you to file the I 140 and I 485 concurrently for the July visa bulletin. Otherwise you can file just I 140 any time after your labor gets cleared.





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  • rongha_2000
    04-30 05:24 PM
    Its kind of an interesting thought process, but I am curious why do you assume that NON-Perm cases will be very few? And also forgive me for being negative here but you are "assuming" all those parameters which are critical to the decision making process. This is a very interesting approach and if we can get real data to back this up, then nothing like it. (BEC cases will be a big factor in this calculation)

    All,
    I am planning to write a letter to USCIS and DOS , suggesting the visa cut off dates for India. Kindly critique it. I will send this letter over the weekend and also post over here.

    The rational are as follows (Of course , I will word them properly).

    I have grouped applicants in the following groups
    BEC, PERM ROW and PERM Non Row Countries. I then will estimate the visa usage by each categories using sources like FLCdata and DHS publications. Along the way I will make some assumption but the results should be realistic.


    Fact 1: Per DOL , As of April'06 50K BEC labors were certified. Certification rates were 50% of labor processed (certified, denied or withdrawn).
    Fact 2: Per DOL, as of Sep'07 362,000 BEC labor were processed (certified, denied or withdrawn).

    Fact 3: Per DHS, total EB (2, 3, 4 and 5 only) visas issued in FY’07 were 135,479 and FY’06 was 122,121.
    Fact 4: FLC data center indicates that between March’05 and Oct’05, ~6000 PERM applications were filled and certified.
    Fact 5: Per FLC data , 46,340 ROW PERM applications were certified in FY’06 and 47, 251 ROW applications were certified in FY’07.

    Assumption 1: Based on Fact 1, let us assume for FY’06 50K Eb2 and Eb3 visas were used for the people stuck in BEC.
    Assumption 2: Based on Fact 1 and Fact 2, let us assumed that in total 200,000 labors were certified between March'05 and Sep'07 by BEC.
    Assumption 3: The visa backlog is not an issue for the ROW countries. In other words, their dates could be made current.
    Assumption 4: NIW applications are negligible
    Assumption 5: Based on Fact 1 and Fact 3, let us assume in BEC accounted for 50K visa in FY’07.
    Assumption 6: 50% of visas are used by retrogressed countries.

    Calculation 1: BEC visa used in FY’06 = 122,121- 6,000 – 46,340 = 69,781
    Calculation 2: BEC people remaining as on 10/01/2006 = 200,000-69,781-50,000= 80,219
    Calculation 3: BEC people remaining as on 10/01/2007: Since total visas issued in FY07 > (47,251 + 80,219) therefore negligible. Also, assume that balance 8,000 application went to NIW.

    So in other words, the dates in any case has to be greater than 10/01/2005 for the retrogressed countries. For the simple reason that Non-Perm cases would very few.



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  • milind70
    07-18 09:39 PM
    Who said that concurent filing is available for PERM only ???

    That is not true right ????

    Somebody please clarify !

    Concurrent Filing was introduced in 2003 .PERM came into picture after march 2003. So you are right, u can file concurrrently whether u r PERM or old Labor.
    The only issue in this case is that he is substituting labor so he cant use premium processing other than that he could have applied 140.485 concurrently.





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  • Ram_C
    11-19 05:59 PM
    I had a strange situation. I checked on the case status site to see if there is any update on my case. I am a July 2 filer with EAD plus FP. The earlier update date was 9/2/2007. I checked there it says that it's updated as 11/1/2007, when I reread it I didn't notice anything different. Can anybody shed some light?

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and pending.

    On September 1, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    This is very common, and this is what we call "Soft LUD" in our GC process Lingo. unlike a regular LUD where you see some change in status or information change on your case, Soft LUD happens when an IO for some reason goes through your application or some say it is a system generated one.

    hope this helps.

    good luck:)



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  • paskal
    10-02 05:03 PM
    C'mon folks...after San Jose and DC we look up to you for inspiration. The awe inspiring energy and motivation of the Cal chapters will serve as as an example for all others.

    You guys are fortunate to have able leaders and energetic volunteers. This is the time to join the party! We are quietly harnessing the gains from the Dc rally and we continue to hope that there will yet be relief forthcoming soon. Nothing will happen though without your active support and participation.

    Please help make the SoCal gathering a resounding success!





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  • pappu
    06-05 11:52 AM
    no, no....it does not make me feel any better...
    I am so sorry to hear about your never ending wait....
    :( :(

    unfortunately, we cannot go back to our home country, as unemployment rate is insanely high, we would be both without jobs, no place to live, another civil war may break any day now and we do not want to go through all that all over again...

    As each day pass, Canada looks even better as our new motherland ...or at least we hope
    :rolleyes:
    I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.



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  • GCard_Dream
    06-29 03:58 PM
    It is a shady practice. The main reason an employer wouldn't give you a copy of a I-140 is that if you were to leave company A and company B sponsors you for GC, you can keep your old priority date. But that is only possible if you can furnish a copy of approved I-140 to INS. It is such a stupid practice on part of INS to request the petitioner to provide a copy of something (like I-140) that they themselves approved and should already have a record of. But I don't think anyone expects any better from INS anyway.

    I agree that it is a employer driven petition but the employer purposely holds the information back so that they have more control over the employees decision making ( specially if the employee is thinking about leaving the company).

    This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.

    As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.

    The copies are wothless to you if you leave the company anyways, before you get an EAD.

    Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.





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  • Brightsider
    11-16 03:31 PM
    Guys,

    Am trying to find out the relevant parts of HR 2892 that extends that benefit to EB cases.
    Havent been able to find it?

    Apart from Shusterman's commentary, I havent seen anything about the extension of benefits of the 'widow's penalty' to EB cases.

    Maybe I am not looking at the right doc.
    But those of you who have been able to see it in the statute/law, could you please point it out .....by sending the url, or noting the section/article of the law or any other way.

    Many thanks



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  • gclabor07
    11-05 09:55 AM
    What an inspiring story. Our GC journey feels pale in comparison to the plight of poor, sick, and mentally ill people face in India.





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  • MArch172008
    06-16 05:03 PM
    IS any one processing two GC process one with the current employer and other based on future employment with other employer ?

    regards



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  • gc_on_demand
    01-20 09:37 PM
    I had same situation in 2009.. petition was approved in Mid 2008 and stamping was in feb 2009. No PIMS delay. I think if gap is more than few months , PIMS records are updated.





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  • the_jaguar
    03-25 01:48 PM
    Folks,

    I would like to share my success story of getting my I-485 application approved with a revoked/withdrawn I-140. We received our Green Cards and Welcome Letters in the mail yesterday. If you go through my profile, you should be able to get most of the information, but here it is anyway:

    1] Company A applied for my LC followed by the I-140 application. We never got a chance to file I-485.
    2] After I quite company A, they withdrew my I-140 application.
    3] Company B started the process again with my labor application, followed by my new I-140 application. We didn't capture the older PD at this stage, but the A# was the same as the old one.
    4] When we sent in our I-485 application, we included a letter describing that we would like to retain the older PD (we sent them a snippet of page 27 of the Field Adjudicator's Manual - Yates memo). In the interest of being transparent, we mentioned that the earlier I-140 was withdrawn by the previous employer. After an unrelated RFE, our case was finally approved last Friday (03/18).

    I am sharing this information so that others who are stuck in a similar situation can use this as a datapoint in their struggle against the USCIS. I wish you all the very best in your Green Card journey.



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  • prioritydate
    07-21 11:44 AM
    Guys:

    I am applying for my 485 and I was contemplating using the NEW fees vs OLD Fees.

    OLD Fees:
    I485- $325
    Biometric - $70
    I765 - $180
    I131 -$170
    TOTAL - $745
    NEW Fees, which includes Biometric, EAD, and AP - $1010.00 when applying all togther with I485.

    Check New Fees. (http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf)


    Now my question - Is it TRUE that in the NEW Fees, it allows for an indefinite FREE Renewal of EAD and AP until Green card is received. If this statement is true, then I would prefer using the NEW Fees, since it pays off within 1 year.

    If anybody knows this answer, please attach link or direct to the USCIS page.

    Thanks

    Yes, it is good for people with latest priority dates. For 2006 and 207 priority dates people, I recommend paying the new fees, it would benefit them on a long run.





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  • katakamk
    07-11 03:00 PM
    Yes, USCIS can raise RFE ability to pay even in I-485 stage.





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  • kumar1305
    03-30 05:48 PM
    I am not really sure why this really makes a difference. My perm was approved in EB3 in about 7 months but if I have to wait 30 years to get a GC what difference does it make ?!?

    It makes a difference to me as I'm already in the 6th year.





    vikki76
    08-28 11:52 AM
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    lfadgyas
    01-13 09:42 AM
    Assuming (but hope not) you will be laid off:

    1) If I get laid off and my employer cancels the h1b, Am i out of status?

    No. First of all your employer will not cancel your H1b � i.e. as far as I know they do not have to report this. Of course as of your employment is terminated your H1B is useless since it is connected to the old employer. So in a simple way you can not use it for new employment (unless you find other employers willing to help you transfer your H1B � it is possible but probably hard to find one at this time, and I guess you need to initiate this while you are still employed�-not sure)

    As far as your immigration status: since your i485 is pending you are not out of status. Unfortunately you are in an inconvenient status � if between jobs they ask for Employment verification or some other stuff and you can not proof that
    i) you are working for your sponsoring company OR
    ii) working for an other one (certain rules here see EAD/AC21 topics ) OR
    iii) have an offer letter for some company who willing to employ you when you receive your CG
    well, then you will have issues�

    2) Can they cancel my approved i 140?

    I believe: no they can not. They can of course report that there was some fraud and you misused them to get a GC and so on � and this case i140 will be revoked. But why would they do this? If this is a layoff situation they will not care about your h1b/labor certification � whatever. They �costsaving� and they let you go � any other thing will incur extra cost for them�

    But before you go: try to get the approval letter from the company (and ALL other documents they might hold regarding your case, Copies etc.).

    3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?

    Not sure � as I mentioned before you are not out of status (until your application is pending) so in theory you can be here without a job and use your savings till you run out cash or they will request some evidence about your employment�
    So in practice you need to find a job as soon as you could. If you have valid EAD it should not be an (immigration) issue.

    So here it is:
    -Collect your immigration papers;
    -Check your EAD exp date! If it is close (120days) try to renew it with your old company right know!
    -Check your AP exp date if you have one and renew it while you are employed/ apply for one if you do not have it.
    -Search for a job: make sure you go by the AC21 rules (need to be same or similar job etc ).
    -If you are the primary applicant do not apply for unemployment benefits (Could be that you can and will receive some benefits � but somewhere I�ve seen this warning)
    -If you move: report your new address!



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