Monday, June 13, 2011

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  • GCAmigo
    02-09 01:02 PM
    Pardon my ignorance.

    What is op-ed ?

    http://en.wikipedia.org/wiki/Op-ed

    ~GCA





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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.





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  • zoozee
    07-07 10:48 PM
    While on AoS, are we classified as US Resident - as long as we pass the IRS resident test of presence in US.

    Thank You and best wishes





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  • pappu
    06-12 04:09 PM
    This meeting is very important especially in light of recent remarks from Sen. Harry Reid. We have to find out more information on the background discussions on this. There is a possibility that either Administration is serious about it and wants to give time for people to come with a consensus or this delay may cost us this year's CIR.



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  • little_willy
    07-28 06:24 PM
    My friend who is a contractor in the company where I am working, is right now on H1B. He is a very hard worker and cheerful fellow. My employer (among big5 tech companies in US) offered him fulltime position.

    His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.

    He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.

    can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?
    You can expedite his case as I consider this an emergency. Check this link for more details. http://immigrationvoice.org/forum/showthread.php?p=179864#post179864





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  • stucklabor
    03-22 04:01 PM
    All, our last interpretation has been confirmed by one immigration lawyer, but we are trying to get more opinions. It looks like all EB visas will now have a hard 10% country cap.

    Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.

    Sec 202(a)(3):
    (3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.

    Our analysis:
    This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.

    Sec 202(a)(5):
    (5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
    (A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

    Our analysis:
    Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.



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  • h12gc
    04-30 02:42 AM
    Thanks Morcha for your reply.





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  • chanduv23
    03-15 06:26 PM
    Thats is the law. They have to provide no matter how much blood suckers they are. Of course it depends on how you make them realize that.

    I was offered one when i was in that situation way back in 99.

    Its as per law. But in practice, we do not see it happening much. maybe I am not aware. Anyway getting a flight ticket back to home country is not an issue for a great discussion :)



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  • logiclife
    10-18 06:00 PM
    And dont forget, some of the anti-immigrants think that July bulletin was amnesty and that 320,000 people got amnesty.





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  • jaggu bhai
    07-27 01:04 PM
    ravi

    Pl find these colleges
    International Technological University (http://itu.edu/)
    Herguan University (http://www.herguanuniversity.org/index.html)

    i thought of these two colleges which were referred by someone, i assumed that, as these colleges are having so many F1 Indian students (i saw on social networking sites), these would be accredited colleges???????????????????

    after seeing ur reply, I realised that there are so many ANNAMALAI universities here!!!!
    Do u have any idea, where can we check these college status!!!!

    the fees u were referring was for an year or per total studies?

    I said for an year approx.....

    tx



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  • meridiani.planum
    07-28 02:48 AM
    My friend who is a contractor in the company where I am working, is right now on H1B. He is a very hard worker and cheerful fellow. My employer (among big5 tech companies in US) offered him fulltime position.

    His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.

    He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.

    can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?

    if his EAD has been pending for 90 days, USCIS says you can enquire about getting an interim EAD. I dont know of anyone recently who has got an interim EAD though...

    Having said that, how long back did he apply for the renewal and at what center? Based on some stats NSC is taking anywhere from 60 to 90 days for EAD approval (even mine has now been pending for over 4 weeks). TSC has been faster. So if its NSC, and its <90 days, hang on a bit, you might just get the approval soon.





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  • Anders �stberg
    January 18th, 2005, 01:10 AM
    Bob, no problem, your post is most welcome and quite on topic AFAIAC! Please everyone add comments, questions, follow-ups,... the more discussion the merrier! :)

    HI1B 7 year extension questions [Archive] - Immigration Voice

    View Full Version : HI1B 7 year extension questions




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  • WaitingForMyGC
    09-26 11:16 AM
    Congratulations..would you change ur IV handle now to GC_ROCKS or something :-)





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  • GMKrishna
    05-04 09:12 PM
    I wanted to share my success story of getting I-485s re-opened with the help of IV last week. Let me start with the end result first and those interested in details could read further!

    Synopsis

    After 4 months wait since the wrongful denial of our 485s, I contacted Immigration Voice (IV) core team for help on April 25, 2011 as a last resort. On the next day morning (April 26th), I received a phone call from USCIS Headquarters in D.C. and the officer informed that Service Center approved my MTR and reopened 485s, and I should receive system updates in a day. At the end of the day, I got email updates confirming re-opening of 485s. It was an incredible moment in my life to receive a call from USCIS about my case. I am very grateful to the IV leadership and its deep relationships within USCIS and DHS. Prior to contacting IV, I filed an expedite request with USCIS, contacted Ombudsman, and contacted my Senator as well. I received standard responses but no positive result. Adding fuel to the fire, my EAD was due to expire in July 2011.
    At the end, even though I never anticipated issues with my 485, I was very happy to see that my active participation with IV�s advocacy efforts over the last few years opened up several options for me to seek help.

    Prologue

    During the middle of last year my attorney moved their offices and we filed a new G-28 for address change. After couple of months of this address change, during early Nov�2010 USCIS apparently sent a NOID asking for AC21 employment letter to the old address of the attorney. USCIS did not send text or email even though both me and my attorney subscribed to the notifications. USCIS did not even send a copy of this notice to me. After 30 days of original notice, USCIS updated their system that their mail was returned. This was the first time we came to know about the outstanding notice from USCIS. We immediately contacted USCIS and requested for a copy of NOID. In the meantime, 33 days elapsed, and USCIS promptly denied I-485s of me and my family. I have been working on EAD and it was due to expire in July 2011.

    Life after denials

    I requested my company for AC21 letter and after receiving the employment letter, my attorney filed I-290B MTR around the end of Dec�2011. I continued to work as usual using my EAD. After couple of months of waiting, I requested USCIS to expedite. Their response was to wait 30 days. Nothing happened. Then, I simultaneously contacted my Senator�s office and Ombudsman. I promptly received responses that they would look into this and I should expect a response from USCIS within 15 days. Based on these responses, I should have received approval by the first week of April. Again, nothing happened until the 3rd week of April. I was becoming wary of my EAD expiry and applying for renewal within 90 days of expiry.

    IV�s Advocacy Days in D.C.

    I have been a donor for the last few years and actively participated in advocacy days of 2010 and 2011. During this year�s advocacy event, I met IV core team and explained my case. Based on their advice, I waited to see if USCIS responds by mid of April. After long wait and exhausting all options, I requested help from IV. As I mentioned, within 24 hours, I got the approval of MTR and our status was restored!
    Though not everyone gets into this kind of trouble, it is very heartening to note that there is someone (IV) behind us to help when in need.

    Final Request to Readers:

    As someone who associated with IV for the last few years and after going through this ordeal with USCIS, I recommend all those waiting in line or waiting to be in line (for GC) to start associating with IV. No matter how little time or money you could afford to work with IV, every minute and every cent is well worth it! Please Get Involved with IV! Thanks.



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  • dce.deepak
    09-30 04:05 PM
    it doesn't make much sense even after google translation. If you understand then can you please translate. I want to know what other people are planing in that forum





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  • Winner
    03-17 02:25 PM
    Try credit unions first. They have the best rates. I got my loan from http://www.memberhomeloan.com.



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  • koti
    10-28 01:52 AM
    - Pre-approved labor dated 03/2004
    - Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
    - RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
    - 2nd RFE on 140 after 30 days - Education mismatch - Again responded
    - There was no response even after 60 days, so we called and created a service request.
    - Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch

    The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.

    Please advice what are options available for me.





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  • shantak
    02-29 04:57 PM
    Same here, not received FP. Raised an SR but no use.
    Hope it will not cause any issues during EAD and AP renewal
    My case is at TSC and July 2007 filer





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  • ita
    08-13 08:08 PM
    Even if your employer revokes (unlikely as he will have to bear legal expenses on an issue that he cannot win) your 140, it will have no effect. All you have to do is be ready with your new offer letter and maintain the labor wages in your new employment. In previous years desi companies used to reuse the labor by revoking the 140 once an employee quits. Now labor reuse also has been plugged by USCIS. You can peacefully go ahead and change your employment.

    Any reason that you want to go back to your old employer? Why quit in the first place than...

    I'm planning to go from consulting to Perm. If I don't like it I want to go back to Consulting. Would like to go back to the same employer as anyways my GC process is pending with him. Just trying to find out if I can keep that option open.

    Will there be any issues if I use EAD to switch jobs and then decide to go back to the old employer?

    Right now I've my H1 valid for 2 more yrs. If I use EAD to switch jobs my H1 will become invalid. Then if I decide to go back to my old employer what happens?Please advice me on this.

    Thank you.





    StukAtBEC
    08-11 09:22 AM
    If I continue to be on my H-1B status after filing for I-140,I-485, EAD and I-131 concurrently, can my spouse who is currently on a H-4 Visa opt for her EAD after 90 days of filing these forms? If the answer to that question is an yes, is there any limitation in the kind of jobs she can do?

    Also, what happens to her status if the I-140 application or I-485 application gets declined? Can she jump back to H-4 or does it require her to go to her home country for re-stamping? Do you see any potential issues in having her H4 visa re-stampped as she initiallay came to this country as a dependent and then later she used her EAD to work in USA.





    desi3933
    06-24 12:13 PM
    ..........

    My questions are:
    1. What happens to my wife's I-485 application, should I choose to leave my job and go back to school ?
    2. Will her EAD still be valid if I leave my job ?
    2. I am planning to go full-time starting Fall 2010. Will we be able to renew her EAD independent of my work status ?

    Thanks a lot for your time and attention,

    1. No Impact. Since you have been working for GC employer for a while, you can use green card to work for any employer, study, or not to work at all.
    2. Her EAD is based on her I-485 application. Her EAD will be valid.
    3. See #2.

    Good Luck.


    __________________
    Not a legal advice.



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