corleone
11-02 10:42 AM
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sunny1000
12-07 03:08 PM
Thanks everyone for the replies. Appreciate it.:)
mukraw6
08-13 02:00 PM
Its been 2 weeks that I have received my receipts for 485,765,131 from NSC. Thanks
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sammyb
09-24 12:45 PM
In June'09 USCIS issued RFE for both of our I-485 for medical and it was sent to my old address even tough I updated address online for both the application ... fortunately a copy was sent to the lawyer and we were able to respond in time ...
This whole system is a crap - their IT i mean .... no proper house keeping ... and do not depend on the online status ... even though one of the AOS appl has been denied ny USCIS the online status still shows pending - what a joke .... also the MTR for the same denial shows pending :) :) :) ...
I got it for missing Medicals for both me and my wife.
I would trust anytime my lawyer than USCIS.
here is what they did.
Wrong address even though filed for AR11 online and received Soft LUD online. This is one year old address and they didn't even put APT# in my old address. God's Grace I received it by mail fowarding without APT#
Didn't update my online status. Still showing Pending and no LUD or soft LUD
I know my lawyer put in G28 and medicals both when he was mailing it as I was the one who finally inspected and mailed the package.
Some other folks also got for Medicals. Looks to me a routine to get rid off pending cases or preadjudicate.
Weird but true in my case
This whole system is a crap - their IT i mean .... no proper house keeping ... and do not depend on the online status ... even though one of the AOS appl has been denied ny USCIS the online status still shows pending - what a joke .... also the MTR for the same denial shows pending :) :) :) ...
I got it for missing Medicals for both me and my wife.
I would trust anytime my lawyer than USCIS.
here is what they did.
Wrong address even though filed for AR11 online and received Soft LUD online. This is one year old address and they didn't even put APT# in my old address. God's Grace I received it by mail fowarding without APT#
Didn't update my online status. Still showing Pending and no LUD or soft LUD
I know my lawyer put in G28 and medicals both when he was mailing it as I was the one who finally inspected and mailed the package.
Some other folks also got for Medicals. Looks to me a routine to get rid off pending cases or preadjudicate.
Weird but true in my case
more...
kumarc123
03-03 12:07 PM
Hello there,
This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.
Thank you
This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.
Thank you
jlt007us
10-06 06:09 PM
Don't worry. You will mostly get RFE but not a rejection.
My original 140 got denied as per USCIS web site but lawyer didn't get the denial notice even after 60 days. Lawyer followed it up but no response from the USCIS.
I filed 485/AP/EAD and got approvals for EAD. Lawyer refiled 140 without original labor and is almost certain that they will raise an RFE but not denial.
My original 140 got denied as per USCIS web site but lawyer didn't get the denial notice even after 60 days. Lawyer followed it up but no response from the USCIS.
I filed 485/AP/EAD and got approvals for EAD. Lawyer refiled 140 without original labor and is almost certain that they will raise an RFE but not denial.
more...
kaisersose
07-17 04:19 PM
My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).
Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.
So I can work for company A (GC filing employer) full time and at the same time work part time with company B.
So this way if company A does fire me during probation period I continue with company B :confused: on full time basis. Is this ok will it come to haunt me when I file for citizenship?
As you have a GC, you can work for any employer in the range {A, B, C...Z}, work for 2 or more of them simultaneously and handle any kind of job. There is no law that will create a problem out of this during naturalization.
Of course, one can do this with a 485 EAD too, but there is the one restriction of "same or similar".
Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.
So I can work for company A (GC filing employer) full time and at the same time work part time with company B.
So this way if company A does fire me during probation period I continue with company B :confused: on full time basis. Is this ok will it come to haunt me when I file for citizenship?
As you have a GC, you can work for any employer in the range {A, B, C...Z}, work for 2 or more of them simultaneously and handle any kind of job. There is no law that will create a problem out of this during naturalization.
Of course, one can do this with a 485 EAD too, but there is the one restriction of "same or similar".
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pappu
02-04 10:22 PM
Which messenger and can you point the url?
On the top navigation of this website, please click on the 'Messenger' link to enter the chat
On the top navigation of this website, please click on the 'Messenger' link to enter the chat
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swita
03-25 06:32 PM
@sk.aggarwal: Can you please clarify what you meant. Can i go on a vacation after my perm is filed and then when I come back can I recapture my time and then file for extension ?
Also Do you know this from any lawyer ?
Also Do you know this from any lawyer ?
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CADude
04-07 11:01 PM
My H1B job requirement is similar but not 100% same to GC Labor. Attorney said it can be different.
thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?
thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?
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rb_248
05-25 07:20 AM
Hi Guys
I am on H1B, just filed my GC. I am planning to do a masters degree (i am a B.E now). Any suggestions? I was looking at walden university for online programs. are they any good? Is it worth the money spent??
Thanks! :)
Education is always a good investment. You may do it for GC or for any other purpose. But my advise would be to pick a good reputed school that you can handle and do something that would help your career.
I am on H1B, just filed my GC. I am planning to do a masters degree (i am a B.E now). Any suggestions? I was looking at walden university for online programs. are they any good? Is it worth the money spent??
Thanks! :)
Education is always a good investment. You may do it for GC or for any other purpose. But my advise would be to pick a good reputed school that you can handle and do something that would help your career.
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dilipb
01-31 03:42 PM
I applied for 485 during last years July surge I think on July 19th 2007.
As per these 2 links it shows that 485 processing date is at July 19th 2007.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I am in PITTSBURGH, here too it shows as July 19th
https://egov.uscis.gov/cris/jsps/officeProcesstimes.jsp?selectedOffice=55
I have already received EAD etc.
Does this mean that my Green card processing is starting now ?
Can anyone comment ?
As per these 2 links it shows that 485 processing date is at July 19th 2007.
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
I am in PITTSBURGH, here too it shows as July 19th
https://egov.uscis.gov/cris/jsps/officeProcesstimes.jsp?selectedOffice=55
I have already received EAD etc.
Does this mean that my Green card processing is starting now ?
Can anyone comment ?
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TempWorker
08-20 08:18 AM
I will be there.
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sripk
05-17 02:24 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
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vikki76
04-15 09:19 PM
I agree to every comment made about Cathay /Singopore Airlines- but what are people's experiences with Emirates?
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singhsa3
08-19 08:03 AM
Forgive me but being an active volunteer I am seeing state of the affair so was compelled to make these comments.
You are on 8th year of extension and this is a very stressful moment for you.
IV probably can't help you a lot at this time as it is after the fact but it can help others before such thing happens.
We are a growing union, which is run by people like you and me. If folks are not actively involved loobying for a) getting laws changed b) developing relationships with law makers and USCIS c) creating leverage of our unity over lawyers, these incidents will continue to happen.
If we had become powerful enough, then in the cases like this IV would have hold high level meeting with USCIS to resolve this gentleman problem. But unfortunately, we are still a strugling union to get members to volunteer.
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
You are on 8th year of extension and this is a very stressful moment for you.
IV probably can't help you a lot at this time as it is after the fact but it can help others before such thing happens.
We are a growing union, which is run by people like you and me. If folks are not actively involved loobying for a) getting laws changed b) developing relationships with law makers and USCIS c) creating leverage of our unity over lawyers, these incidents will continue to happen.
If we had become powerful enough, then in the cases like this IV would have hold high level meeting with USCIS to resolve this gentleman problem. But unfortunately, we are still a strugling union to get members to volunteer.
Hi,
My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.
While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.
1. Have any of you been in this situation and had your case reopened and if so, how?
2. Can I change my attorney in this situation and have him/her try to get the case reopened?
Any advice would be much appreciated.
Thanks.
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god_bless_you
06-20 03:27 PM
I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.
if changing Employer is benificial to you in any way -- financially or peace of mind,, go for it,
save more and keep options open ...
DO NOT RELY ON GC PROCESS!!
if changing Employer is benificial to you in any way -- financially or peace of mind,, go for it,
save more and keep options open ...
DO NOT RELY ON GC PROCESS!!
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lazycis
01-15 11:15 AM
Finally, I found it in the federal regulations. So it's the federal law.
20 CFR Ch. V. � 655.731
...
except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);
20 CFR Ch. V. � 655.731
...
except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H–1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H–1B petition);
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uimv
03-14 12:08 PM
Incorrect!
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.
diptam
06-05 10:40 PM
First of all after applying H1 extension you have a 240 day window when you wont be out of status even if your H1 expired ( as long as the extension is applied when the current was Valid). My H expired on Jan 29th and i applied on Jan 9th and the last 5 months i worked as usual without Visa or I-94 ( but in Status) ...
Don't worry at all - if by chance anyone reaches near 8 month/240 day finish line which is highly unlikely, pump in extra 1000 bucks and upgrade that to a Premium H and you must hear a decision within 15 days....
There are tons of options - even if Premium doesn't work still there are 2 more options ( of course within legal boundary )...
I applied for my H-1 extension in mid April and my current H-1 is valid till mid August. After reading about the waiting times in the posts above I am wondering what happens if I don't get the approval until mid August. Will I be out of status ?
Thanks
Don't worry at all - if by chance anyone reaches near 8 month/240 day finish line which is highly unlikely, pump in extra 1000 bucks and upgrade that to a Premium H and you must hear a decision within 15 days....
There are tons of options - even if Premium doesn't work still there are 2 more options ( of course within legal boundary )...
I applied for my H-1 extension in mid April and my current H-1 is valid till mid August. After reading about the waiting times in the posts above I am wondering what happens if I don't get the approval until mid August. Will I be out of status ?
Thanks
Dhundhun
06-07 06:04 PM
At what stage am I determined as EB2 or EB3? Is it at the labor or I-140 stage?
This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.
:confused:
Phase one: This is part of I-140 filled by employer (of beneficiary in some cases)
Part 2. Petition type.
a. An alien of extraordinary ability.
b. An outstanding professor or researcher.
c. A multinational executive or manager.
d. A member of the professions holding an advanced degree or an alien of exceptional ability (who is NOT seeking a National Interest Waiver).
e. A professional (at a minimum, possessing a bachelor's degree or a foreign degree equivalent to a U.S. bachelor's degree) or a skilled worker (requiring at least two years of specialized training or experience).
f. (Reserved.)
g. Any other worker (requiring less than two years of training or experience).
h. Soviet Scientist
i. An alien applying for a National Interest Waiver (who IS a member of the professions holding an advanced degree or an alien of exceptional ability).
Phase two: Endorsement by USCIS Officer based on evaluation of I140
Classification:
203(b)(1)(A) Alien of Extraordinary Ability
203(b)(1)(B) Outstanding Professor or Researcher
203(b)(1)(C) Multi-National Executive or Manager
203(b)(2) Member of Professions w/Adv.Degree or Exceptional Ability
203(b)(3)(A)(i) Skilled Worker
203(b)(3)(A)(ii) Professional
203(b)(3)(A)(iii) Other Worker
Certification:
National Interest Waiver (NIW)
Schedule A, Group I
Schedule A, Group II
This may be a basic fact, but I am not aware of the fact. Pardon my ignorance.
:confused:
Phase one: This is part of I-140 filled by employer (of beneficiary in some cases)
Part 2. Petition type.
a. An alien of extraordinary ability.
b. An outstanding professor or researcher.
c. A multinational executive or manager.
d. A member of the professions holding an advanced degree or an alien of exceptional ability (who is NOT seeking a National Interest Waiver).
e. A professional (at a minimum, possessing a bachelor's degree or a foreign degree equivalent to a U.S. bachelor's degree) or a skilled worker (requiring at least two years of specialized training or experience).
f. (Reserved.)
g. Any other worker (requiring less than two years of training or experience).
h. Soviet Scientist
i. An alien applying for a National Interest Waiver (who IS a member of the professions holding an advanced degree or an alien of exceptional ability).
Phase two: Endorsement by USCIS Officer based on evaluation of I140
Classification:
203(b)(1)(A) Alien of Extraordinary Ability
203(b)(1)(B) Outstanding Professor or Researcher
203(b)(1)(C) Multi-National Executive or Manager
203(b)(2) Member of Professions w/Adv.Degree or Exceptional Ability
203(b)(3)(A)(i) Skilled Worker
203(b)(3)(A)(ii) Professional
203(b)(3)(A)(iii) Other Worker
Certification:
National Interest Waiver (NIW)
Schedule A, Group I
Schedule A, Group II
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