gc2005
11-17 01:35 PM
SKIL is the best bet for us. Hopefully we will see it being discussed soon in Senate.
I agree, SKIL is the best bet for us. There are chances of something happenning before Oct 2007 because of no H1B visa numbers being available unitl then. I don't think it has been that bad situation with H1B until now.
I agree, SKIL is the best bet for us. There are chances of something happenning before Oct 2007 because of no H1B visa numbers being available unitl then. I don't think it has been that bad situation with H1B until now.
nrakkati
01-29 02:09 AM
My AP is approved on 27th, but I did not receive it so far. I already booked my tickets and have only one day left for my travel.
Would it be safe to travel now? Are there any risks involved in doing so?
Please advice.
Thank you
Would it be safe to travel now? Are there any risks involved in doing so?
Please advice.
Thank you
dingudi
10-25 03:25 PM
Guys,
Today I saw a weird online status sequence for my spouse's EAD. At first when I checked it said that "card production has been ordered. Please wait 30 days to receive it." I checked again after couple of hours and the online status reverted back to the usual receipt notice status which says something like this
" On August 10, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice."
This was the message I was receiving when I got the receipts initially.
But for my EAD today it is says "card production ordered...." and this message is still being displayed whenever I check it. So I am not sure why for my spouse's EAD the status went from "card production ordered" to previous receipt notice status.
I-485 July 2nd
I-485 ND Sept 10
No FP yet.
EAD/AP receipts received.
Edit/Delete Message
Today I saw a weird online status sequence for my spouse's EAD. At first when I checked it said that "card production has been ordered. Please wait 30 days to receive it." I checked again after couple of hours and the online status reverted back to the usual receipt notice status which says something like this
" On August 10, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice."
This was the message I was receiving when I got the receipts initially.
But for my EAD today it is says "card production ordered...." and this message is still being displayed whenever I check it. So I am not sure why for my spouse's EAD the status went from "card production ordered" to previous receipt notice status.
I-485 July 2nd
I-485 ND Sept 10
No FP yet.
EAD/AP receipts received.
Edit/Delete Message
21stIcon
05-04 01:36 PM
Every body knows about PERM system glitches before July28,2005, they gave an oppertunity to refile for all those who got rejected on software issues, so we do not need to go back to year old data and I am quite a frequent visitor to immigrationportal, at least 5 visits a day from last sep'05
Guys, I really appreciate he was able to come up with some number, but you would be able to decide how much this is helpful, I am not buying his PERM conversion denial rate
.
Guys, I really appreciate he was able to come up with some number, but you would be able to decide how much this is helpful, I am not buying his PERM conversion denial rate
.
more...
rajuram
11-23 09:40 PM
Also include some text which says that you were an fulltime employee (40 hrs per week)...
mbartosik
09-12 07:34 PM
If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
more...
srgadi
07-20 08:02 PM
Hi All,
Is having paystubs absolutely essential or will w2's suffice ?
As far as I know paystubs are not part of the required documents for AOS, tax returns are.
Is having paystubs absolutely essential or will w2's suffice ?
As far as I know paystubs are not part of the required documents for AOS, tax returns are.
knnmbd
08-29 03:07 PM
I did a little research I think that depends on the University and not in the type of master degree (on campus, online). There are some well known Universities that offer Online Master degrees like SMU, Michigan, Harvard, Illinois accredited by their respective boads.
You are missing the crux of my message; buying education for a GC is not the purpose of the SKIL bill. It is intended to retain foreign workers who willfully enrolled in a U.S advance degree program to pursue higher studies, and as oh! By the way that also helps you to get your GC quicker; it’s not the other way around .
You are missing the crux of my message; buying education for a GC is not the purpose of the SKIL bill. It is intended to retain foreign workers who willfully enrolled in a U.S advance degree program to pursue higher studies, and as oh! By the way that also helps you to get your GC quicker; it’s not the other way around .
more...
GCBy3000
01-03 04:37 PM
Yes, we should not restrict the contribution by $20 minimum.
When there are more than 6000+ registered members without contributing, for sure there will be several members who may think in future ( its my hope) to contribute in small steps before they get ready to contribute in big way.
Atleast it is my hope. I dont know what those registered members are waiting for. May be they want president Bush to become a member of core IV team. Even then, I dont think they will take a penny out from their wallet if they dont have the right attitude and desire to work as a team.
When there are more than 6000+ registered members without contributing, for sure there will be several members who may think in future ( its my hope) to contribute in small steps before they get ready to contribute in big way.
Atleast it is my hope. I dont know what those registered members are waiting for. May be they want president Bush to become a member of core IV team. Even then, I dont think they will take a penny out from their wallet if they dont have the right attitude and desire to work as a team.
vxb2004
10-04 09:08 PM
Thanks for this valuable piece of information.
more...
user1205
02-13 06:38 PM
They have processing times for each service center. If your RD for the 485 is later than that that means they didn't get to look at your file yet even though your PD is current.
Now you have to chack that date instead of the visa bulletin :)
As others have said, Infopass might help to find out if it's with an IO or not.
Now you have to chack that date instead of the visa bulletin :)
As others have said, Infopass might help to find out if it's with an IO or not.
satishku_2000
10-05 07:03 PM
"How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?"
Your PD being what it is ..I dont think it really matters in terms of time whether its EB2 or EB3. Honestly I think the best bet is to have an approved 140 ASAP.
Your date becoming current anytime without congressional action is very rare. But Lets assume there is a congressional action and you have a problem with your 140 .. your petition cannot be approved even though your date becomes current. Another important thing to consider is A2P at 140 stage, it depends on your company's size , profitability ...
One can present a contradictory argument much more eloquently too.
You have to keep in my mind that "there is no premium processing available for 140 now".
Convetional wisdom of my attorney is that dont attract unnecessary scrutiny, so far he has been proven right in my case ....
Good luck with your journey .. you have a pretty long road ahead of ya
Your PD being what it is ..I dont think it really matters in terms of time whether its EB2 or EB3. Honestly I think the best bet is to have an approved 140 ASAP.
Your date becoming current anytime without congressional action is very rare. But Lets assume there is a congressional action and you have a problem with your 140 .. your petition cannot be approved even though your date becomes current. Another important thing to consider is A2P at 140 stage, it depends on your company's size , profitability ...
One can present a contradictory argument much more eloquently too.
You have to keep in my mind that "there is no premium processing available for 140 now".
Convetional wisdom of my attorney is that dont attract unnecessary scrutiny, so far he has been proven right in my case ....
Good luck with your journey .. you have a pretty long road ahead of ya
more...
kartikiran
07-31 12:00 PM
when I am not even able to enjoy the humor present in this thread...
Waiting since March 25th 2002...:(
Waiting since March 25th 2002...:(
wantgc23
08-15 02:30 PM
First find the SOC code for the Labor based on which your 485 is pending, Then find the SOC code for new job. If they are same or similar you are fine.
Job Title alone does Not decide the SOC code for your job, It is mostly a function of the Job duties.
If your new employer would co-operate, Get a new Job offer letter that has atleast 50% same Job duties so that When USCIS adjudicates your 485, they arrive at same or similar SOC code as your original {in this case substituted labor}. SOC code.
NOTE: I am not an attorney, use the info at your own risk.
Job Title alone does Not decide the SOC code for your job, It is mostly a function of the Job duties.
If your new employer would co-operate, Get a new Job offer letter that has atleast 50% same Job duties so that When USCIS adjudicates your 485, they arrive at same or similar SOC code as your original {in this case substituted labor}. SOC code.
NOTE: I am not an attorney, use the info at your own risk.
more...
monicasgupta
11-16 11:17 AM
I talked to Murthy about the same code but they replied that it is ok if the codes are different but the job duties matter which determine the code.
"In practice, the INS has agreed that the AC21 law does not limit it to an identical DOT or O*Net code and has approved many cases throughout the local INS offices and the INS Service Centers in which the new position does not match the earlier job with respect to DOT Code or O*Net classification."
Read this at http://murthy.com/news/UDac21qa.html
monica
"In practice, the INS has agreed that the AC21 law does not limit it to an identical DOT or O*Net code and has approved many cases throughout the local INS offices and the INS Service Centers in which the new position does not match the earlier job with respect to DOT Code or O*Net classification."
Read this at http://murthy.com/news/UDac21qa.html
monica
msyedy
12-20 09:36 AM
Masti Gai..
Dont make fun of him. He is not sure.. that is it. You have labor for H1 and green card.
Pradeep .. You need to take i-797 and the greencard labor and I-140 papers
with you.
All these legal question can be answered by a Lawyer than this forum.
Ask a lawyer... you will be satisfied
Dont make fun of him. He is not sure.. that is it. You have labor for H1 and green card.
Pradeep .. You need to take i-797 and the greencard labor and I-140 papers
with you.
All these legal question can be answered by a Lawyer than this forum.
Ask a lawyer... you will be satisfied
more...
optimystic
03-31 04:13 PM
This isn't correct Ronnie. Your non-immigrant status does determine whether you are a Resident alien or a non-resident alien for tax purposes.
Classic example is that while you are on F1 /OPT you don't have to pay social security and medicare.
I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.
If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !
Classic example is that while you are on F1 /OPT you don't have to pay social security and medicare.
I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.
If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !
GCOP
06-23 02:46 PM
I know that, we had not been successful in earlier years for this bill. But, as CIR chances are very uncertain, we should concentrate at least only on this Visa Recapture Bill this year. Passing of this bill will reduce backlog significantly. Let us focus on this bill .
sparky_jones
10-10 04:14 PM
No...if your current EAD expires and the new one hasn't arrived, you must stop working. it does not matter if you've applied for renewal and its pending. EAD does not work like H1B extension, where a 240 day period of automatic eligibility to continue working is available upon filing extension.
Is it possible to keep working Even u don't have EAD renewed ,but u have Reciept notice with u.. I mean eventually approval will come.
Is it possible to keep working Even u don't have EAD renewed ,but u have Reciept notice with u.. I mean eventually approval will come.
thomachan72
07-06 11:55 AM
Answers to your questions.
(a) That could be tough, but check with your attorney. Or check if you or your husband's company has any unused LCs. Remember that LC substituion can be done only until July 17th (could be 16 or 18th, please get this confirmed), so you have to act fast.
(b) No.
(c) No. I am almost sure even if you have an approved I-140, it still isn't enough to get an H-1B extension. Your best bet would be to work on an EAD if you were eligible to apply for 485. Talk to your attorney.
Good luck
Thanks,
Jayant
?????????
(a) That could be tough, but check with your attorney. Or check if you or your husband's company has any unused LCs. Remember that LC substituion can be done only until July 17th (could be 16 or 18th, please get this confirmed), so you have to act fast.
(b) No.
(c) No. I am almost sure even if you have an approved I-140, it still isn't enough to get an H-1B extension. Your best bet would be to work on an EAD if you were eligible to apply for 485. Talk to your attorney.
Good luck
Thanks,
Jayant
?????????
H4_losing_hope
02-13 07:32 PM
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