485Mbe4001
02-10 05:11 PM
how can they approve 485's by 2010 if there are very limited visas available. Getting EAD or AP is not the end of the road. Final freedom is when you get the GC and that is not possible if unless we all lobby to change the law....I hope people understand that we are in for a very long wait if there is not change in the law, quota..
USCIS can simply say that they have eliminated backlogs by processing all applications.This does not IMPLY that all 2007 filers will have green cards in their hands.. Please understand thay my reply is not directed to you, instead it is in response to all the people i meet who expect to have GCs by 2010...its simply not possible with status quo.
Many point to track it and say that 485s are being approved out of turn. Please understand that this to is a load of crap, either some people are exteremly lucky or USCIS screwed up a small number of cases..the rest of us are in the same slow sinking boat to nowhere.
Take a look at this link. As per this, 2010 is the timeline promised by USCIS to clear all backlogs.
http://news.yahoo.com/s/ap/20080209/ap_on_go_pr_wh/immigration_backlogs
USCIS can simply say that they have eliminated backlogs by processing all applications.This does not IMPLY that all 2007 filers will have green cards in their hands.. Please understand thay my reply is not directed to you, instead it is in response to all the people i meet who expect to have GCs by 2010...its simply not possible with status quo.
Many point to track it and say that 485s are being approved out of turn. Please understand that this to is a load of crap, either some people are exteremly lucky or USCIS screwed up a small number of cases..the rest of us are in the same slow sinking boat to nowhere.
Take a look at this link. As per this, 2010 is the timeline promised by USCIS to clear all backlogs.
http://news.yahoo.com/s/ap/20080209/ap_on_go_pr_wh/immigration_backlogs
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snathan
02-15 11:55 AM
Where is the law that inquiring about PERM process in a forum OR even with Attorney or Employer is not allowed ? Unless you can cite a law how can you call it illegal ?
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.
Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)
The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.
DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.
In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.
Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.
ak27
05-22 12:43 PM
You will need to pay for every renewal.. I have paid twice so far... Good for USCIS to make money...
Do we need to pay $340 for the second renewal of EAD and AP?
USCIS page says, no fee only if you have filed 485 after July 30, 2007.
Do we need to pay $340 for the second renewal of EAD and AP?
USCIS page says, no fee only if you have filed 485 after July 30, 2007.
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acecupid
07-11 05:31 PM
Lets not get over board with excitment. Over doing it might be considered as harassment. Besides we have achieved the main goal of the campaign. Lets focus our resources to the rally. I think media attention thru flower campaign, rally and lawsuit are excellent strategies in increasing order of intensity to push for our cause. I'm glad you are excited to take this a step further, but lets focus our energy in the right direction!:)
more...
kothuri
06-10 10:24 AM
My opinion is it is better to get a lawyer to file Nunc Pro tunc.
Read this article on the same. http://www.murthy.com/news/n_nunpro.html
It means if not then now or some thing like that. I guess it is a latin or greek..not sure though.
Read this article on the same. http://www.murthy.com/news/n_nunpro.html
It means if not then now or some thing like that. I guess it is a latin or greek..not sure though.
northedman
06-13 05:38 PM
Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
more...
amalshe
08-24 03:23 PM
Hi guys,
I know J Barrett has been a star of this forum for a while.
I just wanted to check if anyone in a similar situation as mine as received any update on their 485.
140 approved from TSC in May 2006; LUD on 7/28
485 received at NSC on July 2, 2007
485 received and Signed for by J Barrett at 10:25 AM
Thanks.
I know J Barrett has been a star of this forum for a while.
I just wanted to check if anyone in a similar situation as mine as received any update on their 485.
140 approved from TSC in May 2006; LUD on 7/28
485 received at NSC on July 2, 2007
485 received and Signed for by J Barrett at 10:25 AM
Thanks.
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pcs
07-19 02:48 PM
Translate it. Sign a letter of your compretence of English ? Hindi language & get it notarized. It is that easy. Do not waste a signle penny on translation. I have been doing it for ages.
I can give you the format on email.
Please contribute to IV instead
I can give you the format on email.
Please contribute to IV instead
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raju123
06-18 01:05 PM
Ask for the copies and doctor will give copies of all reports.
Will the doctor share the results of the Tests with us ?Can we assume if we get the sealed envelope ,every thing is fine ?
Will the doctor share the results of the Tests with us ?Can we assume if we get the sealed envelope ,every thing is fine ?
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keepwalking
05-13 10:41 PM
Texas Processing Center shows August 11,2010 for
Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications
I am thinking it may take 6-7 months or am I wrongly interpreting this information posted online....
Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications
I am thinking it may take 6-7 months or am I wrongly interpreting this information posted online....
more...
kiran_k02
01-11 01:26 PM
My Delhi Consulate Experience for my H-1B extention:
I am from Hyderabad but due to unavailability of appointments in Chennai consulate I applied through Delhi consulate. As a US Resident, I have an option of selecting any Consulate in India.
First they will check your DS 156 & DS 157 form when you are in queue to get in and also your application gets verified in a counter outside the main embassy and then you are let in, you can deposit your Cell Phones so don't leave your cell phones at home as we did, it was tough without a cell phone for half an hour after interview .
Once you get in into the embassy they do finger printing and then you are in queue to meet US Consular Agents.
While I was in queue, I saw lot of people getting rejected (mostly F1). They were asking unexpected questions to H1-B extension folks too. Questions like
1) Why did you change to this new employer?
2) How many employees does it currently have?
3) What does the company do?
4) How did you know about this company?
5) What was your masters in?
6) In my case they asked about names of the clients I was involved with through my IT services employer?
7) What are your job responsibilities?
They are trying to look at your body language and communication skills.
When I went to the counter he asked me about my previous company and current company, as mentioned above they asked me about how many clients I was involved with through my current employer. Then he said, he couldn't find my petitioner details online so he would check it and issue my visa if no further documents are required(I don't know what he meant by no further documents). I do not have my passport yet(12 Jan 09), I have submitted my docs on 9th Jan 09. I expect my visa to arrive sometime next week (hopefully). Regarding documents he did not look at any of my documents except for my passport and I-797.
I hope this helps. I am currently in India.
I am from Hyderabad but due to unavailability of appointments in Chennai consulate I applied through Delhi consulate. As a US Resident, I have an option of selecting any Consulate in India.
First they will check your DS 156 & DS 157 form when you are in queue to get in and also your application gets verified in a counter outside the main embassy and then you are let in, you can deposit your Cell Phones so don't leave your cell phones at home as we did, it was tough without a cell phone for half an hour after interview .
Once you get in into the embassy they do finger printing and then you are in queue to meet US Consular Agents.
While I was in queue, I saw lot of people getting rejected (mostly F1). They were asking unexpected questions to H1-B extension folks too. Questions like
1) Why did you change to this new employer?
2) How many employees does it currently have?
3) What does the company do?
4) How did you know about this company?
5) What was your masters in?
6) In my case they asked about names of the clients I was involved with through my IT services employer?
7) What are your job responsibilities?
They are trying to look at your body language and communication skills.
When I went to the counter he asked me about my previous company and current company, as mentioned above they asked me about how many clients I was involved with through my current employer. Then he said, he couldn't find my petitioner details online so he would check it and issue my visa if no further documents are required(I don't know what he meant by no further documents). I do not have my passport yet(12 Jan 09), I have submitted my docs on 9th Jan 09. I expect my visa to arrive sometime next week (hopefully). Regarding documents he did not look at any of my documents except for my passport and I-797.
I hope this helps. I am currently in India.
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kaisersose
07-26 11:08 AM
The upper portion is not required for visa stamping either. The bottom portion has all the info required.
But in general, people carry the entire 797.
But in general, people carry the entire 797.
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devan
11-17 11:15 AM
sudiptasarkar, they gave one month time to respond the RFE. Also, i got the format from my attorney and i believe you could get the affidavit sample in the .
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gc_chahiye
07-09 04:25 PM
ok.. what about july 2nd filers...have i filed or not filed?
no. Do not count any I-485 filed in July 2007. Perhaps I should have changed that to "Filed 485 and have receipt" :)
no. Do not count any I-485 filed in July 2007. Perhaps I should have changed that to "Filed 485 and have receipt" :)
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americandesi
03-01 06:56 PM
Don't worry, you will be let in after completing 3 years outside of Canada. But don’t wait till the last moment to make your move
Here's the link from CIC Canada on residency obligation
http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp
If you have been a permanent resident for less than five years then you must show that you will be able to meet the minimum of 730 days physical presence in Canada at the 5-year mark.
When you land in Canada by October 2009, the immigration officer at POE will determine if you would be able to meet the 730 days requirement at the 5-year mark. If so, he will let you in.
Once you're in, make sure that you don't travel outside of Canada even for a single day for the next 2 years, failing which you will loose your PR instantly.
Also make sure to keep records of your ties with Canada from day one (like house rent receipts, utility bills etc..) cuz you might need those while renewing your PR at the end of the fifth year. Good luck!
Here's the link from CIC Canada on residency obligation
http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp
If you have been a permanent resident for less than five years then you must show that you will be able to meet the minimum of 730 days physical presence in Canada at the 5-year mark.
When you land in Canada by October 2009, the immigration officer at POE will determine if you would be able to meet the 730 days requirement at the 5-year mark. If so, he will let you in.
Once you're in, make sure that you don't travel outside of Canada even for a single day for the next 2 years, failing which you will loose your PR instantly.
Also make sure to keep records of your ties with Canada from day one (like house rent receipts, utility bills etc..) cuz you might need those while renewing your PR at the end of the fifth year. Good luck!
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sunny1000
01-27 05:40 PM
We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
congrats and good luck!
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
congrats and good luck!
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h1bdude1
03-23 02:00 PM
I also read somwhere that if you are not sure regarding your A#, then you can also leave it blank.
I have one more problem. I lost this Expired EAD card during moving and now i only have its Front copy which i am going to submit with my I-765 form.
will it be any problem submitting only front copy of the Previous EAD because they are requesting for both (Front and Back).
thanks
h1bdude1
I believe that A# is like SSN and one person can have only one number. To the best of my knowledge you should use the same A# on all those applications.
However, I have known people who had more than one A# assigned, but they were then advised to contact USCIS to merge those files. I would think, it would make sense to use the same A#.
Again, it would be of great help if you can clarify this with an attorney, or someone else on this forum who is more knowledgeable than me.
Good Luck.
I have one more problem. I lost this Expired EAD card during moving and now i only have its Front copy which i am going to submit with my I-765 form.
will it be any problem submitting only front copy of the Previous EAD because they are requesting for both (Front and Back).
thanks
h1bdude1
I believe that A# is like SSN and one person can have only one number. To the best of my knowledge you should use the same A# on all those applications.
However, I have known people who had more than one A# assigned, but they were then advised to contact USCIS to merge those files. I would think, it would make sense to use the same A#.
Again, it would be of great help if you can clarify this with an attorney, or someone else on this forum who is more knowledgeable than me.
Good Luck.
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Caliber
05-08 11:47 AM
Did they issue your EAD from the time the previous one expired or from the current date. If current date, you'd have lost about 3 months or validity.
Some people I know got EADs from the next day following the expiration of their current EAD. I however got from approval date. Its all so inconsistent.
Next day from the expiration of present EAD
Some people I know got EADs from the next day following the expiration of their current EAD. I however got from approval date. Its all so inconsistent.
Next day from the expiration of present EAD
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Vel
01-21 01:36 AM
Hello Friends,
Current Situation:
-I am on my 10th years in USA and started using my EAD 1 year before
-My Employer A filed my green card labor in March 2005 and got approved (so my PD is 03/2005)
-I485 pending for more than 2 years (so I am beyond 180 days limit)
-I140 is approved.
-I have been working with them (Employer A) till Jan, 2010 (3 years on H1B and 1 year on EAD)
Now I am getting a good offer with senior role plus pay (30% more) from Employer B and I would like to take it.
1) If my Employer A continued to process my GC and confirmed that they will support till I get my GC. Do I still need to use the AC21 portability to work for the new Employer B?
2) Or should be a safer side to use the AC21?
Thanks for your help on this
Vel
Current Situation:
-I am on my 10th years in USA and started using my EAD 1 year before
-My Employer A filed my green card labor in March 2005 and got approved (so my PD is 03/2005)
-I485 pending for more than 2 years (so I am beyond 180 days limit)
-I140 is approved.
-I have been working with them (Employer A) till Jan, 2010 (3 years on H1B and 1 year on EAD)
Now I am getting a good offer with senior role plus pay (30% more) from Employer B and I would like to take it.
1) If my Employer A continued to process my GC and confirmed that they will support till I get my GC. Do I still need to use the AC21 portability to work for the new Employer B?
2) Or should be a safer side to use the AC21?
Thanks for your help on this
Vel
s416504
02-25 11:06 AM
L1A valid for 7 years so you can continue working with A.
Apply GC from B asap and switch to B as soon as labor(PERM) passes 365 days.
http://forums.immigration.com/attachment.php?attachmentid=14106
For PERM, first 4-6 month goes in preperation so actual Labor waiting start from the day you apply PERM so you should count this preperation time + 365 days.
You might eligible for premium I140 so you don't have to go through this 365 days waiting to extend H1B.
Thanks again guys.
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
Apply GC from B asap and switch to B as soon as labor(PERM) passes 365 days.
http://forums.immigration.com/attachment.php?attachmentid=14106
For PERM, first 4-6 month goes in preperation so actual Labor waiting start from the day you apply PERM so you should count this preperation time + 365 days.
You might eligible for premium I140 so you don't have to go through this 365 days waiting to extend H1B.
Thanks again guys.
Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.
Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.
angelfire76
06-09 01:53 PM
The attorney is right and no where has she specifically stated it as an "Indian only" issue. It just happens that lot of consultancies are owned by Indians and they could be her clients.
But she has at least brought visibility to the sudden enforcement tactics of the USCIS, which can only be termed as seeing everyone as a criminal, just because you found one or two in a bunch. In fact hearing about a lot of H1 extensions denied (even with approved 140) or given only for a very limited period of time, extensive RFEs etc. all I can say is that if they are unable to legislatively "purge" foreign workers due to business lobby, they sure are trying to do so administratively.
But she has at least brought visibility to the sudden enforcement tactics of the USCIS, which can only be termed as seeing everyone as a criminal, just because you found one or two in a bunch. In fact hearing about a lot of H1 extensions denied (even with approved 140) or given only for a very limited period of time, extensive RFEs etc. all I can say is that if they are unable to legislatively "purge" foreign workers due to business lobby, they sure are trying to do so administratively.
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