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pachai_attai

08-17 07:58 AM

sajimm, I was in similar situation like yours. During Dec 2004, Our doctor directly took xray test instead of TB skin test. Thats the reason I got NOID on 07/20/07.
I submitted my new 693 along with new TB skin test result and the case processing resumes on 08/15. The LUD is changing every day after that.

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njboy

09-11 01:38 PM

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This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
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not true,, the DOL does not do labor certification for backlogged cases anymore..this work has been transferred over from the State workforce agencies/state departments of labor to the backlog reduction centers..So....while, the DOL is a seperate agency, the labor backlogs is no longer handled by them, it is handled by the BPC..

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drona

07-12 02:49 PM

But won't we have right to contribute once we get our green cards. The sooner the better then?

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santa123

07-30 11:43 PM

Hello,

I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.

In labor(PERM) we mentioned Masters required
& Major field of study is Computers.

Do I qualify for EB2?? Plz let me know.

RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.

In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.

Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???

My labor already got approved.
My company is financially very good.

Now which wage USCIS consider or match with W2??

I will really appreciate your response.

Thanks.

Didn't you submit your education eval when you filed your 140?
Is this in addition to the one you sent?
Get proper eval done ASAP and send it out. Try one or two evals even. Course by course cld be waste of money.

Didnt you submit the W2 copies also?
Looks like this could be just a case of missing docs... Dont worry...
Good luck!

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bodhi_tree

12-15 11:20 AM

I think I'll try to find a knowledgeable lawyer who's not too snooty. Someone better than my current company's lawyer who happens to think all information to me should be provided only on a need to know basis..I am in Cincinnati Ohio so please recommend if you know any good names..

I also have an approved I140 with my current company ....can it be used to get a 3 year term when the H1 is transferred ? I still have about 2 years left on my original 6 year term..Thankyou

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map_boiler

09-25 05:27 PM

I agree that technically he should be able to file based on the visa bulletin. However, note that this time, they kept the "unavailability" information under wraps unlike in July 2007.

he is still eligible to file.

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makemygc

08-03 10:36 PM

http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf

Per this press note, Nebraska has issued receipts for I-485 upto July 11 and Texas 26th June....

Just curious..how do you get this press release...its not yet up on their site.

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GabonpharmD

04-15 10:45 PM

also update ur profile..

I did not wan to create a separate thread since I have similar questions:

My situation:

US pharmD graduating in may 09
H1B approved ( start oct 09)
OPT not approved yet
Married to F-1
child born in US
Country- Gabon (both)
city- nashville TN
Company-CVS


Facts:

My company told me I qualify for GC sponsoring after 90 days of full time as pharmacist and to just buzz them when I am ready. I will be full time rx on my OPT, which shoudl come out before graduation.
I pass my boards in June, I should be go to go for GC filing as soon as October.

Questions:

1. is changing address within the same city affect GC procress? I heard of people changing city and having to start the 1st step over. If address change within the same city is a big deal. We will buy our house before starting GC filing if not we will take our time.

2. What r the pros and cons of filing GC that early into employment? The CVS guy told me usually people prefer to wait longer before filing for GC. why? ( I am thinking if it's going to take that many years, I might as well start early because my husband has the possibility to transform his phD into MD/phD after his qualifying exam in 2-3 years and we hope to be Gc holder by then)

3. When GC filing start can I include my husband from the start with his F1 status or do we have to switch him to H4 status first?. For now, we prefer to keep him on his F1 visa because of a friend experience with H4, she was F1, went H4 but went back to F1 cause F1 can get stipend for lab work but H4 can't)

4. any suggestion, that you think I can benefit from on how to approach is welcomed. I 've been F1 for 5-6 years now..just looking forward to ending my life as an international student, but I don't want to rush into things out of ignorance.

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naveenarjun

06-04 10:39 AM

If this is old then why did i see it on THOMAS as
=====================================
S.1348
Title: A bill to provide for comprehensive immigration reform and for other purposes.
Sponsor: Sen Reid, Harry [NV] (introduced 5/9/2007) Cosponsors (4)
Latest Major Action: 5/25/2007 Senate floor actions. Status: Considered by Senate.
======================================
:confused: :confused: :confused: :confused: :confused: :confused::confused: :confused: :confused: :confused:
======================================
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:
The one you are seeing is being replaced one section at a time..So I assume its incomplete.

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martinvisalaw

03-24 01:45 PM

Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.

Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).

You must also look at the "actual wage."

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vikramy

06-22 10:22 AM

Looks like you don't have any GC application pending. From what i know you can not work. You can only start working after your MTR gets approved.

I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...

Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter

In the denial letter they stated that
"The beneficiary may remain in the current immigration status until date indicated on Form I94.. "

So what are my option now?
Can I work now? if not Can I work after Company B files MTR?

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snathan

05-12 07:05 PM

My PD is Sep-03, EB3-India. I left the employer who sponsored me one year after I filled 485 (thanks to July-07 fiasco). I have over 12 years of experience and was wondering if it was possible to port to EB-2 without having to file for new labor by just refilling I-140.

Thanks

Nope...you can not.

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waiting4gc

04-16 01:45 PM

pros --
- no state taxes
- cheap housing (renting or buying)

cons
- (for me at least) Houston is terribly humid and hot
- concrete jungle pretty much sums up the city. There is hardly any good public transportation in any texas city

I am thinking to moving from Allentown (PA) to Houston. Just wondering if anybody can enlighten me on the challenges that I am likely to face.
Drivers License,Commute to downtown, childcare etc.
I will probably get flamed again for posting a non immigration related (mostly except the DL part I guess) topic.
I have an approved i-140 and EAD and 180 days past on 485 filing.

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traveldoc

09-10 02:24 PM

Thanks txh1b. But my question is what if they reject the second AP saying that the first one was approved. Any thoughts on this?

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coolpal

03-27 12:33 PM

Hi,

I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:

I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.

In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...

What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?

My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.

I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,

Any productive feedback is highly appreciated...

pal :)

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kk_kk

02-25 02:34 PM

I would say .. they are already facing the consequences due to the acts they have committed. I don't see any need for bashing the OP or his friend.

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Prashant

09-26 08:08 PM

GCtrouble.. I hope u are serious and not trying to scare ppl converting eb3 to eb2 ..

If one is eligible for eb2 their aiint anything thats gonna stop one from getting there..

We all are in the same boat dude ....

Good luck

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mkiv

05-21 12:34 PM

You must send the letter from your original employer if you have not used AC21.

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techbuyer77

07-20 08:54 AM

If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]

this is not correct. You can use EAD to work wherever and whenever you want. If you get laid off after let say 1 month from filing, it is safer to transfer h1b, but it is not true that if you use EAD you should go back to original sponsor.
You must only go back IF AOS IS APPROVED within 180 dyas from filing.

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maharshijb

05-05 09:30 AM

Hiring Manager has asked me to send him a link to the website which says I can start working once the application is submitted to USCIS....so that he can talk to his HR & other folks....

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sam_hoosier

12-11 12:39 PM

Does anybody know what is the current fee for H1B transfer (from one employer to another), and how long does it take.

$ 320 filing fees + $ 1500 employer fees = $ 1820

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f56e4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD

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