amitjoey
07-17 05:55 PM
The only big way to show appreciation and thanks is to make sure, that each one of us continues to participate in each and every action item.
Also, Contribute generously so IV can go out and fight bigger battles without worrying about funds.
Also, Contribute generously so IV can go out and fight bigger battles without worrying about funds.
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transpass
08-02 01:23 PM
USCIS will approve 2 yrs EAD only if the dates are not current and visa is not available for that particular case. in my case my pd is always current and visa is available.
Dude/Dudet...
It's better for you if you fill form 7001 with ombudsman office and get going...It's insane...:eek:
Dude/Dudet...
It's better for you if you fill form 7001 with ombudsman office and get going...It's insane...:eek:
rajivkane
12-08 04:10 PM
Hi!
I received my GC in first week of September'09. After receiving GC I have continued with my sponsor till now - & they continued giving me pay (after the usual big cut from my rate). During the I-485 petition filling my employer has given a letter to USCIS for "future" employment with a fixed base salary. They never gave me this after the GC & now if I go on "bench" they are refusing to give me any salary (since I am using GC & they are not bound to give me the H1B minimum wage!).They may continue my medical insurance (for family & me) provided I pay the whole part! I wanted to continue with my sponsor for six months after GC but under these circumstances is it OK to leave them now & if I face any issue at naturalization will this be a valid reason to convince the officer(in case they ask this question)- although I do not have anything in writting from my employer(except the "future employement letter" & paystubs & e-mail replies to my queries for this)
I am leaving many opportunities just to be with my sponsor for this six months!
Please guide.
Thanks,
Raj
I received my GC in first week of September'09. After receiving GC I have continued with my sponsor till now - & they continued giving me pay (after the usual big cut from my rate). During the I-485 petition filling my employer has given a letter to USCIS for "future" employment with a fixed base salary. They never gave me this after the GC & now if I go on "bench" they are refusing to give me any salary (since I am using GC & they are not bound to give me the H1B minimum wage!).They may continue my medical insurance (for family & me) provided I pay the whole part! I wanted to continue with my sponsor for six months after GC but under these circumstances is it OK to leave them now & if I face any issue at naturalization will this be a valid reason to convince the officer(in case they ask this question)- although I do not have anything in writting from my employer(except the "future employement letter" & paystubs & e-mail replies to my queries for this)
I am leaving many opportunities just to be with my sponsor for this six months!
Please guide.
Thanks,
Raj
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babu123
04-11 07:42 PM
If you got your labor approved and if you apply I-140 before December, you are eligible to get extension for 1 year.
If you got your labor approved and if your I-140 is approved before December, you will be eligible to get extension for 3 years.
So hurry up and Good Luck.
If you got your labor approved and if your I-140 is approved before December, you will be eligible to get extension for 3 years.
So hurry up and Good Luck.
more...
knnmbd
04-28 02:45 PM
DOL Proposed Legislation for Labor Certification
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.
minimalist
03-25 09:05 AM
RFE and NOID come with a color sheet of paper with your details and some USCIS internal codes for your case. You can respond by yourself and put the sheet on top - this is for the mailroom to handle your case
If we do not use G28 to change representation from current lawyer hired by company, would all the notifications go just to the lawyer?
Can we submit G28 ourselves or does it needs to be a lawyer?
If we do not use G28 to change representation from current lawyer hired by company, would all the notifications go just to the lawyer?
Can we submit G28 ourselves or does it needs to be a lawyer?
more...
raysaikat
11-14 10:57 PM
i am not a lawyer and may be mistaken, but i was told that if one's spouse is using EAD, then you must be in EAD status and cannot be in H1 status (since then dependent spouse would be in H4 status and cannot work).
Can anyone confirm this?
best,
-andy
It is the other way.
If the spouse has EAD and wishes to be in AOS, then the primary applicant can be either on H1-B or on EAD; it does not matter.
If the spouse has no EAD (so that s/he has to be on H-4), or for whatever reason wants to remain in H-4, then the primary applicant must be on H1-B.
Can anyone confirm this?
best,
-andy
It is the other way.
If the spouse has EAD and wishes to be in AOS, then the primary applicant can be either on H1-B or on EAD; it does not matter.
If the spouse has no EAD (so that s/he has to be on H-4), or for whatever reason wants to remain in H-4, then the primary applicant must be on H1-B.
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gc_buddy
12-02 01:06 AM
We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005. ND is September 05, 2007.
Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?
Not really. There appears to be no orderly fashion. My PD is June 2007 EB2. I got an RFE on My I 485 in May 2008.
Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?
Not really. There appears to be no orderly fashion. My PD is June 2007 EB2. I got an RFE on My I 485 in May 2008.
more...
StuckInTheMuck
03-09 09:50 AM
For those of you waiting on your pending I485 following a successful EB2->EB1 upgrade, it took me a little over a month after my I140(EB1) was approved late Jan, and only 3 weeks after the upgrade request was mailed to USCIS (relevant timeline is in my signature below). I received the "Welcome to USA" notice (for me and my wife) yesterday in my mailbox. Also, there was no prior LUD change or email notification (maybe they want to hit us with the good news, after causing so much heartburn). We had one (medical) RFE last year, because we skipped medicals while rushing our I485 petition to beat July 2 ('07) deadline.
A big THANK YOU shoutout to IV leaders who do the heavy lifting day-in and day-out for others like us, and hearty wishes to those of you waiting for a looooong time to get through this stage (this is my 10th year in US, but I sort of lazed around on my H1 until the fag end, when my friends forced me to shake a butt and initiate my "GC journey" early '06).
[ps. while I hesitate to say it here, I am committing $200 to IV just so others, who like me have benefited from IV's actions (both directly, such as "July-2 reversal", "2-yr EAD", "quick answers to urgent questions" etc, as well as in other intangible ways), make a similar gesture of appreciation after getting their GC]
Cheerio,
Stuck(no longer)InTheMuck
A big THANK YOU shoutout to IV leaders who do the heavy lifting day-in and day-out for others like us, and hearty wishes to those of you waiting for a looooong time to get through this stage (this is my 10th year in US, but I sort of lazed around on my H1 until the fag end, when my friends forced me to shake a butt and initiate my "GC journey" early '06).
[ps. while I hesitate to say it here, I am committing $200 to IV just so others, who like me have benefited from IV's actions (both directly, such as "July-2 reversal", "2-yr EAD", "quick answers to urgent questions" etc, as well as in other intangible ways), make a similar gesture of appreciation after getting their GC]
Cheerio,
Stuck(no longer)InTheMuck
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jayleno
04-25 07:11 PM
Hi,
I think you should be fine. Like everyone tells...in such case an attorney is the best person to contact. Take a second opinion also. If you need something before that to calm you down...here is what I think. You are only counted towards the cap once in 6 years. So you can get another h-1 with a new company based on this approval and you are not subject to cap this time. You need to be employed once your h-1 starts. So you have time till then.
I think you should be fine. Like everyone tells...in such case an attorney is the best person to contact. Take a second opinion also. If you need something before that to calm you down...here is what I think. You are only counted towards the cap once in 6 years. So you can get another h-1 with a new company based on this approval and you are not subject to cap this time. You need to be employed once your h-1 starts. So you have time till then.
more...
gc_chahiye
08-29 05:10 AM
Eligible for 3 years if I140 is approved and you can't file I485 because of retrogression. But you said , you had already filed I485. I doubt you are eligible for 3 year extension.
thats not how USCIS interprets this (see the FAQ they released recently). They will give you a 3 year extension if 485 cannot be APPROVED because PD is not current, not only in the case where 485 cannot be FILED.
The wording of AC21 is a bit vague (3 year extension eligibility once 485 is filed) but USCIS interpretation has been clear until now in what they have been doing, and with the FAQ they even put it in print!
thats not how USCIS interprets this (see the FAQ they released recently). They will give you a 3 year extension if 485 cannot be APPROVED because PD is not current, not only in the case where 485 cannot be FILED.
The wording of AC21 is a bit vague (3 year extension eligibility once 485 is filed) but USCIS interpretation has been clear until now in what they have been doing, and with the FAQ they even put it in print!
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vactorboy29
10-09 12:29 PM
Thanks.
Any more info on this
Any more info on this
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summerof98
10-24 01:38 PM
Under what circumstances can a Service Request be made?
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garybanz
11-05 11:30 PM
Go TX-IV go...
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kshitijnt
03-04 05:05 PM
congrats buddy. Atleast some good news in a string of bad ones :)
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seahawks
07-25 02:01 AM
I'm a new comer... I would like to contribute if I could...but what's IV?
sorry that I was away the past weekend, thus the late reply
IV stands for immigrationvoice.org a forum where we are all writing, sharing our thoughts and helping in whatever ways we can on helping the confused often lengthy process of getting an employment based green card. Check out the home page and you will get all the information on all the wonderful founders, core members, volunteers and ofcourse all the members in whatever way are trying to help raise awareness on the employment immigration problems that we face and to see if we can get the honorable members of the house and senate understand our pain and bring some bill that will make us see light at the end of the legal line of aliens forever waiting for Green Card:)
sorry that I was away the past weekend, thus the late reply
IV stands for immigrationvoice.org a forum where we are all writing, sharing our thoughts and helping in whatever ways we can on helping the confused often lengthy process of getting an employment based green card. Check out the home page and you will get all the information on all the wonderful founders, core members, volunteers and ofcourse all the members in whatever way are trying to help raise awareness on the employment immigration problems that we face and to see if we can get the honorable members of the house and senate understand our pain and bring some bill that will make us see light at the end of the legal line of aliens forever waiting for Green Card:)
more...
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Berkeleybee
03-15 12:09 PM
Much faster if you go directly here
http://www.gao.gov/new.items/d06259.pdf
Not good for us, if this means that they will stop processing things as they sort this out.
http://www.gao.gov/new.items/d06259.pdf
Not good for us, if this means that they will stop processing things as they sort this out.
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meet_rayhan
08-10 06:43 PM
Hi,
I have fallen through the same situation. Does any one has any estimate or any contact # to contact DOL for this kind of case? I do not have much time as my current Visa is expiring pretty soon.
My lawyer has already sent all the information to DOL and we are waiting for response. I am in a real panic mode at this time.
Thanks,
Rayhan Khan
I have fallen through the same situation. Does any one has any estimate or any contact # to contact DOL for this kind of case? I do not have much time as my current Visa is expiring pretty soon.
My lawyer has already sent all the information to DOL and we are waiting for response. I am in a real panic mode at this time.
Thanks,
Rayhan Khan
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kaisersose
07-08 07:51 PM
Satyam used to have the policy of not sponsoring green cards for foreign employees in the US - except under very rare circumstances.
If you have GC plans, then Satyam may not be the place.
If you have GC plans, then Satyam may not be the place.
bitzbytz
07-13 02:17 PM
wooah...i got the problem solved.
The problem we had was, we got the pay from jan to may but the employer gave all the pay just for pay period May instead of individual months.
NY ways, i consulted a attorney and he suggested few things....
The problem we had was, we got the pay from jan to may but the employer gave all the pay just for pay period May instead of individual months.
NY ways, i consulted a attorney and he suggested few things....
sachin76
11-06 11:20 PM
Any one with july 3rd recvd date at NEBRASKA recvd AP?
Mine rec date is july 2nd and notice date july 27th. Have got EAD, but not AP yet. Though I noticed two LUDs on my AP, 10/24 and 10/25
Mine rec date is july 2nd and notice date july 27th. Have got EAD, but not AP yet. Though I noticed two LUDs on my AP, 10/24 and 10/25
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