Tuesday, June 14, 2011

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  • lostinbeta
    10-08 12:42 PM
    :o I don't think I have ever "seen" you uninspired eilsoe!




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  • stucklabor
    03-16 12:38 PM
    I am confused stucklabor. I thought that labor decided ur job qualifications etc. I mean when i applied for my I-140 (i did not file concurrently btw). I was asked more info regarding my company and all of the company documents. I wasnt being sarcastic or anything i am just trying to understand what is going on.

    Eb3_nepa, you should probably read the "Green Card process and problems" FAQ.

    In addition, when in my post I said "you" I didn't mean you personally. It was a general "you". And that was an example, not directed at your situation personally since I have no idea about your situation.

    In labor cert, the company only advertises for an American for the job that is being proposed to be given to the foreigner. It also does include the foreigner's resume to a certain degree, but in general, the foreign worker's qualifications only get examined at I140. So a labor cert could be filed that is very tailored so that the chances of an American being qualified for the job is 0.01%. Then the foreign worker has to prove that he/she is qualified for the job. I140 also is the stage where USCIS also satisfies itself that the job is a standard job, not a made up job that will exclude most Americans. So all this happens at the 140 stage. Meanwhile, someone who wants to file a 485 can do it concurrently and get EAD and AP. They can even file a second labor cert at their own time and do things the right way. So the possibilities of fraud exist. USCIS has to balance quick processing vs diligent processing.

    So anyway, read the report. The report doesn't say anything about mismanagement or corruption at USCIS.




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  • addsf345
    01-01 02:11 PM
    Guys,

    Happy New Year for everyone in this forum....

    Sorry for taking this discussion into different side..instead of opening a new thread i felt my question is related somewhat to this...

    I am planning to change to new employer in february 2009 and used AP on Nov 2008. I am planning to ask new employer for H1B transfer instead of EAD as my H1B is valid till Sep,2010. Will this be a problem as i already used AP..some where i read that, i may jeopardize my 485 application, if i do H1 transfer in this case, as i used my AP....

    I will talk to lawyer soon on this and let u know but any insight is helpful from you all..

    Thank you
    Sree

    Sree, even I have travelled using AP last year. My lawyer told me that it should not be problem for H1B transfer. I have not used EAD to work though.

    My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.




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  • gc_chahiye
    08-15 04:57 AM
    Greencard fever -why take so much pain with your gc when you plan to rellocate to india/currently its even hard to predict when can one receive the gc. One can always visit US on tourist visa which is the most easy part. My opinion is only if one does not want to settle in US -

    there could be issues getting a tourist visa (non-immigration intent) once you have filed your I-140 here and displayed immigration intent.



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  • smartboy75
    08-14 12:53 PM
    smartboy75,

    We are in similar situation only difference in our case it the RFE is for me and we have our FP appointment scheduled on Aug 22nd 2008.

    My attorney adviced us to bring in RFE letter with us and during FP appointment get it filed in by the Immigration officer who takes FP.

    Our attorney also suggested me to send FP appoitnment notification letter for my wife alongwith my RFE, so USCIS idiots know that this couple already done with their FP.

    This is ridiculous, e-file applicants have to go thro' this process of unnecessary RFE and delaying the process. Luckily for me my current EAD expires in Oct 2008, so we still have some time, but tink about the folks for whom the EAD is about to expire and USCIS delaying the process.

    I recommend stornly to go for Paper filed EAD renewals. Onoine EAD is convenient, but then you have to go thro' the hasle of FP schedule and the RFEs.

    rajuseattle.
    Hey raju

    I did exactly as suggested by the attorney....I got the RFE filled by the immigration lady...took a copy of my wife's appointment notice with the biometric stamp on it and added a one page letter and mailed it to USCIS today by overnight delivery.....

    To ur question of paper filed or E-filed ..while I agree that there is a hassle of bimoetric but in the other hand there is direct confirmation of USCIS receipt of the application....

    Imagine u paper filed the renewal and send the package and for weeks u do not get a confirmation number for ur application.....that is even more frustrating than the hassle of e-file......

    not knowing where u r heading is worst than being lost ....:) The choice is ours....

    All the best buddy ....will keep u posted....




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  • iviviv
    11-01 09:33 PM
    Contact www.murthy.com



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  • itsmesabby
    08-27 01:16 PM
    Even I have moved a bit in the past and hence provided one address of a family member for all GC related communication.

    A lot of times people have multiple properties that they rent out in one state and they themselves work and live in a seperate state. So you would be fine, else you would have to update your address every 4 months and will have to make sure by calling etc that the address was updated in time.




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  • alexmat01
    01-13 01:43 PM
    Thanks for the advice on that.
    Could you let me know if "recession and the lack of jobs in US" would be a good enough reason to delay the stamping ? Apparently the job offer on which the visa was applied in 2007 dried out in 2008 and can that be stated or would the embassy question if the job offer was not a stable one , why did one apply for the visa ?

    Also could you let me know what is an amended petition with new start date and new salary offer.Would this be the same as a new petition or would this be faster and cheaper than a new petition.Pls let me know
    Thanks
    Alex



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  • MCQ
    08-07 05:20 PM
    Billboard - i understand your employer's concern - when I used AC21 back in 2003, with EAD, it was a struggle to get employers that would take me on - for similar concerns. I eventually found one, a startup in CA, that would. Their attitude was that their HR people tagged the expiration date of every doc, type of doc and immigration status of every employee they accepted for I-9 purposes, and had it enetered into a database linked to their mail system - every week it would email out to HR a list of docs that would expire for non-citizens and HR then worked with those folks to make sure docs like EAD's were being renewed etc.
    A little proactive due diligence, common sense and not so modern technology will easily help keep the employer comliant and more receptive to folk on EAD.
    I eventually got my GC from these same guys and this month will file N-400 for citizenship.

    McQ




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  • canleo98
    11-11 09:56 PM
    I renewed my passport from Indian SF consulate by mail. I had send my passport in Aug 2010 with Notarized supporting documents like photocopies of driving license and H1B. I did not notarize passport photos. I got my passport back after 5 weeks without any problem. Hope this helps.



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  • bobby
    04-19 01:15 PM
    Yes, I can file for adj. of status 5/1
    PD 5/03 ROW EB3




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  • sgX05
    02-12 10:04 AM
    All my 140,EAD,AP, H1 renewal approvals have all been from NSC, never had any application at TSC.

    So I guess it may just be a case of USCIS balancing the case load between NSC, TSC, however I would expect others to see similar moves as well in that case.



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  • visshy
    09-12 09:06 AM
    My wife's ead expires 10/02/2010. We applied for renewal/extension in july and requested expedition which was rejected recently. My question is :

    Can she take unpaid leave after 10/02/2010 while waiting for EAD approval? If yes, then is there any legal document that can confirm this or an online link (from uscis or any other legal documention) to confirm this that she can use to provide to her HR?

    Please advice.

    Thanks




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  • nvodela
    09-29 02:31 AM
    Check your private message



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  • calgirl
    09-16 01:24 PM
    NC initiates a litte after 485 is filed..
    Fingerprinting hs nothing to do with NC.

    MY FP was done in June 2008.
    485 filed July 2007.
    NC initiated Sept 2007.




    I am thinking that USCIS will initiate name check proess only after we give fingerprints. Is this true?




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  • GCeffect
    02-09 02:38 PM
    Because Company C and A have different FED TAX ID. so they are considered as different business......

    I didn't raise any question beacuse both the company was ran under the same roof.

    During the PERM the company C was not mentioned in the form. But was under H1b in that time for company C. After getting the PERM approval from Company A. I move my h1b from company C to company A. But I have something written from Company C that although i was employed by company C, but my payroll was being processed by Company A.

    Pelase response



    If Company A and C are related business entities, why H1-B transfer was needed from C to A.

    >> So even i was working with the company C, my payroll was under Company A.
    When you were getting paycheck from A, did you raise this issue?

    Did you put this information in Employment History for I-485? What was your last entry into USA?

    _______________________
    Not a legal advice.
    US Citizen of Indian Origin



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  • Raj_345
    07-11 11:24 AM
    Thanks for the response raysaikat... the above information is definitely very helpful for me.

    As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.

    However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year? And if approved can i start to work immediately without a gap?

    Please advise.

    Thanks




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  • coolguy972
    02-07 01:45 AM
    We legals who are waiting in line have another setback with news like below

    Illegal immigration: Influx of immigrants from India baffles border officials in Texas - latimes.com (http://www.latimes.com/news/nationworld/nation/la-na-border-indians-20110206,0,3295315.story)

    last week we heard about Trivalley.

    eb-3 -> eb2 seems like a minuscule problem now.

    We are self destructing ourselves by making US gov loose complete trust on indian credibility with few of the above among hundreds of nuances we are causing.

    If you are like me.. always following rules.. light at the end of tunnel seem to be diminishing very quickly than what we thought.




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  • texanmom
    08-14 05:58 PM
    I do not believe the EAD and AP are tied to the priority date, especially if you have already filed the 485.

    Gurus- correct me if I am wrong.




    lvinaykumar
    09-07 08:29 PM
    Well me almost in the same boat, have not applied EB2 140 yet, not sure what the process is




    sgupta33
    08-29 11:54 AM
    Thank you to everyone who responded to my questions. Very helpful!



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