pappu
09-14 02:36 PM
http://ebcmyspice.com/Radio/WebPages/LiveRadio.aspx
at 4 PM EST
call 732-297-9886 and ask questions
==============
We also have another interesting interview coming up. We will announce it later. This one will be not worth missing.
=======
BTW: you will now hear some IV ads on this radio station. Thanks to the member LOL123 who suggested this and we followed up. Thanks for all the media budget contributions. We are going to do more publicity efforts.
at 4 PM EST
call 732-297-9886 and ask questions
==============
We also have another interesting interview coming up. We will announce it later. This one will be not worth missing.
=======
BTW: you will now hear some IV ads on this radio station. Thanks to the member LOL123 who suggested this and we followed up. Thanks for all the media budget contributions. We are going to do more publicity efforts.
rahul2699
05-16 09:12 AM
Thanks you are right on consular processing and you are also right that on transfer receipt one can start working
But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.
So thats something i am trying to sort out.
you can certainly enter if you have a valid visa stamp and a valid 797 (i am assuming you can use 797 approval copy from company A) please keep in mind that if you travel while your transfer is pending you may get a 797B for the new company Vs a 797A (happened to a friend of mine) in which case you can not use the transfer approval (797B) to start working for the new company. You'll have to get an I-94 by vising a US consulate.
But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.
So thats something i am trying to sort out.
you can certainly enter if you have a valid visa stamp and a valid 797 (i am assuming you can use 797 approval copy from company A) please keep in mind that if you travel while your transfer is pending you may get a 797B for the new company Vs a 797A (happened to a friend of mine) in which case you can not use the transfer approval (797B) to start working for the new company. You'll have to get an I-94 by vising a US consulate.
delax
08-03 09:39 PM
Looks like they (TSC) are now processing July 3rd onwards. Any July 2nd filler , filled at TSC still waiting. Also do you know if your name check was cleared.
Not only July 2nd but probably 1000s of 2004 PDs with July 2 as RD are waiting......Its great to see 2006 approvals - at least USCIS is working......but FIFO does not exist in their dictionary.....Its probably LIFO....
Not only July 2nd but probably 1000s of 2004 PDs with July 2 as RD are waiting......Its great to see 2006 approvals - at least USCIS is working......but FIFO does not exist in their dictionary.....Its probably LIFO....
Mariarisoleary
01-16 03:16 AM
Please change this.I am new here so I cannot this......so please change this......
more...
pappu
11-25 10:15 PM
We should not wait for CIR.
If it happens its great, but if it does not, then we should have plans ready now. There needs to be effort with the new administration for administrative relief and also to continue the dialog with USCIS and DOL that we have now. We also need to meet lawmakers again in the new congress and see any opportunities for us. All background work needs to happen long before there is even a mention of CIR timeline by lawmakers.
If it happens its great, but if it does not, then we should have plans ready now. There needs to be effort with the new administration for administrative relief and also to continue the dialog with USCIS and DOL that we have now. We also need to meet lawmakers again in the new congress and see any opportunities for us. All background work needs to happen long before there is even a mention of CIR timeline by lawmakers.
tnite
07-26 09:27 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
I think your lawyer is too optimistic about EB3 March 2005 being current in the immediate future.Maybe he's right .I dont know
But looking at the possible choice you have mentioned :
1.This is the best option . ie you apply for I485 right now and add you wife when she's in the US later when the date is current.The reason being that for USCIS to approve your GC the date should be current and if its current then you're eligible to apply for your wife's I485.Its a loop. For one thing(GC Approval) to happen the other thing(Date being current) has to happen.
2.The 2nd choice is same as the 1st one. Many here are prediciting that there will be severe retrogression in the Oct bulletin and no one with a right state of mind can even guess the dates at this point of time.
3.Why do you think it would be a grave mistake in life? If you think u'r taking a big risk then make your wife's status independent of your's by applying for H1b or F1 which is option 4. You should talk to a lawyer about the intent issues on F1 visa. I am not aware of that. I know that if one's one F1 or any other non-dual intent visa they shouldnt(risky and chances are higher for denial) apply for any immigrant visa within 90 days of their arrival or in your wife's case change of status.Search for more info on the web.
But my choice would be the first one. It's not risky for the reasons I had mentioned.
my 2 cents
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
I think your lawyer is too optimistic about EB3 March 2005 being current in the immediate future.Maybe he's right .I dont know
But looking at the possible choice you have mentioned :
1.This is the best option . ie you apply for I485 right now and add you wife when she's in the US later when the date is current.The reason being that for USCIS to approve your GC the date should be current and if its current then you're eligible to apply for your wife's I485.Its a loop. For one thing(GC Approval) to happen the other thing(Date being current) has to happen.
2.The 2nd choice is same as the 1st one. Many here are prediciting that there will be severe retrogression in the Oct bulletin and no one with a right state of mind can even guess the dates at this point of time.
3.Why do you think it would be a grave mistake in life? If you think u'r taking a big risk then make your wife's status independent of your's by applying for H1b or F1 which is option 4. You should talk to a lawyer about the intent issues on F1 visa. I am not aware of that. I know that if one's one F1 or any other non-dual intent visa they shouldnt(risky and chances are higher for denial) apply for any immigrant visa within 90 days of their arrival or in your wife's case change of status.Search for more info on the web.
But my choice would be the first one. It's not risky for the reasons I had mentioned.
my 2 cents
more...
lord_labaku
12-16 02:47 PM
My W-2 and pay stubs do not show that my company has been paying me what was stated in LS.
If your company is not paying what is stated in LS - isnt that fraud?
If your company is not paying what is stated in LS - isnt that fraud?
nk2006
05-03 08:01 AM
If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
You are wrong - he dont have to pray that retrogession to stay. If there is no retrogession he/she can apply for 485 along with I140 or if that option is not available he/she can apply for 485 after I140 approval; and can get EAD which makes him eligible to work pending 485 approval.
The above is quite possilbe and I have seen some people (from non-retrogessed countries) getting their EADs/greencards in less than a year time. In my company I have applied PERM along with another person (who is less experienced than me; much less education qualifications; and probably less salary as I am his technical lead). Both our PERM labors approved in the space of 10 days. Currently my EB2 I140 is pending; his concurrent I140 is approved and got EAD's for him and wife and is infact might get his cards soon unless they get stuck in name-check.
Moral of story: retrogession is bad anyway you cut it. In any case the probability of a bill passing seems not that bright; and even if a bill is passed it may not be impleted that soon anyway; so this retrogession story might continue for a while I guess; and we all can continue to get 1year/3year extensions :)
You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.
To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)
So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.
So pray that congress does not fix the retrogression problem until you get your three year extension :)
You are wrong - he dont have to pray that retrogession to stay. If there is no retrogession he/she can apply for 485 along with I140 or if that option is not available he/she can apply for 485 after I140 approval; and can get EAD which makes him eligible to work pending 485 approval.
The above is quite possilbe and I have seen some people (from non-retrogessed countries) getting their EADs/greencards in less than a year time. In my company I have applied PERM along with another person (who is less experienced than me; much less education qualifications; and probably less salary as I am his technical lead). Both our PERM labors approved in the space of 10 days. Currently my EB2 I140 is pending; his concurrent I140 is approved and got EAD's for him and wife and is infact might get his cards soon unless they get stuck in name-check.
Moral of story: retrogession is bad anyway you cut it. In any case the probability of a bill passing seems not that bright; and even if a bill is passed it may not be impleted that soon anyway; so this retrogession story might continue for a while I guess; and we all can continue to get 1year/3year extensions :)
more...
copsmart
02-20 06:47 PM
I think your wage is high, because you are in EB2 category.
In other words, the job for which your labor was applied required a higher education or experience. Your employer has to come up with such strong requirements to put you in the EB2 category. But what it does is, it will bump up your prevailing wage.
I had a similar situation where my boss gave a big list of requirements, which smacked my prevailing wage to a higher number. My attorney tried to talk into my employer, that GC is for a future job and they don�t have to worry about it now. But my employer said, they can�t promise to pay that salary, even if it is going to be after several years. Although, in my case the difference between the GC wage and my current salary wasn�t very high.
So, my attorney and my boss went back and forth several times before they came up with a job requirement that works for me and my employer.
In your case, at least your employer agreed to pay the salary or they have no concerns. So, you don�t have to worry about it now, because GC is for a future job.
BTW, do not jeopardize your job by asking for such a huge raise in this tough economic times. If you are still so worried, try to find a job that pays your GC salary and use AC21 to change your job.
I would say, just hang in there, because the job market is really tight.
All,
My PERM labor was filed in Dec 2006. I didn't know much about all the technicalities in that process. I found today, from the flcdatacenter website, my labor petition number and was shocked to see the wage mentioned in there is "50.34", "Hr". I assume thats the pay I would get if I get the GC. My current pay is 60K/year. I have approved I-140 and have also applied my I-485 in the July 2007 fiasco.
I am now heart broken since I am not sure if I would ever get the GC cause the wage mentioned in LC and what I am getting right now has huge difference.
What can I do at this point of time? Any suggestion would be helpful to me.
Thank you.
In other words, the job for which your labor was applied required a higher education or experience. Your employer has to come up with such strong requirements to put you in the EB2 category. But what it does is, it will bump up your prevailing wage.
I had a similar situation where my boss gave a big list of requirements, which smacked my prevailing wage to a higher number. My attorney tried to talk into my employer, that GC is for a future job and they don�t have to worry about it now. But my employer said, they can�t promise to pay that salary, even if it is going to be after several years. Although, in my case the difference between the GC wage and my current salary wasn�t very high.
So, my attorney and my boss went back and forth several times before they came up with a job requirement that works for me and my employer.
In your case, at least your employer agreed to pay the salary or they have no concerns. So, you don�t have to worry about it now, because GC is for a future job.
BTW, do not jeopardize your job by asking for such a huge raise in this tough economic times. If you are still so worried, try to find a job that pays your GC salary and use AC21 to change your job.
I would say, just hang in there, because the job market is really tight.
All,
My PERM labor was filed in Dec 2006. I didn't know much about all the technicalities in that process. I found today, from the flcdatacenter website, my labor petition number and was shocked to see the wage mentioned in there is "50.34", "Hr". I assume thats the pay I would get if I get the GC. My current pay is 60K/year. I have approved I-140 and have also applied my I-485 in the July 2007 fiasco.
I am now heart broken since I am not sure if I would ever get the GC cause the wage mentioned in LC and what I am getting right now has huge difference.
What can I do at this point of time? Any suggestion would be helpful to me.
Thank you.
desi485
09-27 04:32 PM
mine was filed NSC but transferred to TSC. I called my lawyer and just heard this news. lawyer received notices today.
For anyone still waiting, do not worry. this process is not very streamlined. It may get delayed but it will come. be patient.
AFAIK -> one day after the receipt date, my checks were still not encashed.
For anyone still waiting, do not worry. this process is not very streamlined. It may get delayed but it will come. be patient.
AFAIK -> one day after the receipt date, my checks were still not encashed.
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GCSOON-Ihope
11-05 10:35 PM
When you already hold an H1 and it comes time to renew it/ file for extension/ 7th year etc, or if you want to switch jobs, you don't have to worry about the H1 quota. You can file at any time of the year, regardless of H1 availability.
Your new H1 will be exempted from the quota, hence called "non-cap".
Your new H1 will be exempted from the quota, hence called "non-cap".
go_gc_way
01-14 04:31 PM
It is just frustrating to visit these forums and see nothing is happening. We need more members and more money. But if that happens in 10 years, what is the use. Not much anyone can do. Might as well as start packing.
Hello Members,
rajuram brings up a good point ..
It may be only 5% of the members who have taken up all action items seriously and did any thing .. You need strengthen the efforts by more actively participating.
Time and again it is reminded by IV core team of Action items to members. If you have not taken up any of the action items and if you wish something happen and support IV.. PLEASE ACT NOW ON ACTION ITEMS .. I think THIS IS THE TIME with several bills being discussed in media.
WITH OUT YOUR HELP AND PARTICIPATION, YOU HAVE NO IV.
Hello Members,
rajuram brings up a good point ..
It may be only 5% of the members who have taken up all action items seriously and did any thing .. You need strengthen the efforts by more actively participating.
Time and again it is reminded by IV core team of Action items to members. If you have not taken up any of the action items and if you wish something happen and support IV.. PLEASE ACT NOW ON ACTION ITEMS .. I think THIS IS THE TIME with several bills being discussed in media.
WITH OUT YOUR HELP AND PARTICIPATION, YOU HAVE NO IV.
more...
dipu76
06-02 12:39 AM
If GC LCA salary is more than it is well planned by the employer. If you run away, at the time of GC you need to show a job with that higher salary other wise you may loose GC.
Usually GC LCA salary is kept low. If some mishap happen, is will be easier to find a job with lower salary.
good point... is the employer supposed to share the labor information with us?
Usually GC LCA salary is kept low. If some mishap happen, is will be easier to find a job with lower salary.
good point... is the employer supposed to share the labor information with us?
snathan
03-31 01:42 PM
You were one of them, if I remember right..
However, I appreciate the rest of your post. It makes a lot of sense. We should talk only about things that benefit EB community. Leave things like this to the anti's.
When anti's strike, we should counter-strike by saying: So solution is, grant GC etc :D
Care to explain...? I never used this in any argument.
However, I appreciate the rest of your post. It makes a lot of sense. We should talk only about things that benefit EB community. Leave things like this to the anti's.
When anti's strike, we should counter-strike by saying: So solution is, grant GC etc :D
Care to explain...? I never used this in any argument.
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realist
11-19 08:28 AM
I have a similar situation, I would like for my brother to come here on a visitor's visa. He is an engineer and is currently working in a University. It would greatly help if you could share your experience on how and if you were successful in getting the visa
aachoo
03-23 12:36 AM
Could someone tell me please.....I'm filling the application for advance parole the first time......what should I write where it is written: " Date of intended departure"...if I dont know exactly when I'm leaving....should I write a date or should I write " I dont know yet?"
And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval notice.....is that right? or what other documents do I need?
I would highly appreciate your help!
Thnaks in advance!
I am on my third AP- all filed through my attorney. All my applications say "ASAP". Length says "several weeks"
-a
And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval notice.....is that right? or what other documents do I need?
I would highly appreciate your help!
Thnaks in advance!
I am on my third AP- all filed through my attorney. All my applications say "ASAP". Length says "several weeks"
-a
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jsb
01-29 01:03 PM
Oh yeah, we are demainding an RFE (request for evidence) to substantiate this gossip....
...not demanding an RFE, but making an RFE and demanding an answer. The initiator of this thread must have heard it as a wish, but wishfully being optimistic, reported it as a news.
...not demanding an RFE, but making an RFE and demanding an answer. The initiator of this thread must have heard it as a wish, but wishfully being optimistic, reported it as a news.
calboy78
01-09 12:47 PM
which service center? You can ask your employer to ask USCIS as 140 is employer's application.
GC Struggle
04-16 02:46 PM
Ask your attorney to file an MTR. (ensure it done within 30 days of denial). When you file an MTR it sent back to the service center that had actually denied the petetion (in your case NSC) asking the IO to revisit his decsion (with any additional information that your attorney would add). If the IO is unable to make a decision, then he will refer your case to Administrative Appeals Unit.
skd
07-08 11:06 PM
IV core , can we also post our such questions like July 2nd "fiasco".
And rather as family question (like this video) we can do as IV organisation question ?
What do you say ?
And rather as family question (like this video) we can do as IV organisation question ?
What do you say ?
s416504
11-17 10:40 AM
Your reply looks OK except your lawyer's suggestion to inform employer about parole status. I don't mind informing employer but the Question is "Is that mandatory to inform employer ?" I think Lawyer's intention could be we need to inform employer (as well as lawyer ) about AP during applying next H1B extention.
Thanks...
Here you go:
If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.
If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.
Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.
Thanks...
Here you go:
If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.
If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.
Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.
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