FinalGC
12-02 02:55 PM
I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change>>>
>>This is not true for your case, since you did not apply for GC 365 days prior to completion of 6 year h1.....
You cannot transfer to H4, since the 6 year limit is for the "H" category.
I dont think you can work on OPT immediately after applying for F1.
As I think you have another option. I am giving you the conceptual idea, but check with your lawyer to see the exact details....
=> Apply for GC and also apply for F1 (check with lawyer the details).....Keep working with company until H1 expires, then jump into F1 status. Go on an extended vacation from work, maybe without pay. As soon as 140 gets approved apply for 3 year h1 (check details with lawyer), then jump back with company and continue on your new H1 and GC process....who knows you might change your mind about US in a couple of years, after earning all the $$$ and the GC might help you stay for ever...:-)
>>This is not true for your case, since you did not apply for GC 365 days prior to completion of 6 year h1.....
You cannot transfer to H4, since the 6 year limit is for the "H" category.
I dont think you can work on OPT immediately after applying for F1.
As I think you have another option. I am giving you the conceptual idea, but check with your lawyer to see the exact details....
=> Apply for GC and also apply for F1 (check with lawyer the details).....Keep working with company until H1 expires, then jump into F1 status. Go on an extended vacation from work, maybe without pay. As soon as 140 gets approved apply for 3 year h1 (check details with lawyer), then jump back with company and continue on your new H1 and GC process....who knows you might change your mind about US in a couple of years, after earning all the $$$ and the GC might help you stay for ever...:-)
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immi_seeker
10-02 10:02 AM
just spoke with someone yesterday whose PD was april 2005. he files 485 in september 2005 before eb2 retrogressed.
he got his GC in august 2007. now how is that possible when i still see people wth PD of 2004, whose GC is pending. also btw, in august 2007 and in july 2007 the eb2 was U.
anyone can explain that please?
PD is important in asllocating visa numbers. An immigrant visa will be allocated only if pd is current. other background process like namecheck, fp etc shud happen irrespective of pd
he got his GC in august 2007. now how is that possible when i still see people wth PD of 2004, whose GC is pending. also btw, in august 2007 and in july 2007 the eb2 was U.
anyone can explain that please?
PD is important in asllocating visa numbers. An immigrant visa will be allocated only if pd is current. other background process like namecheck, fp etc shud happen irrespective of pd
needhelp!
08-24 10:34 AM
Listen Live: http://www.wpr.org/webcasting/live.cfm
Call in: 1-800-486-8655
or 227-2050 in Milwaukee
had a hard time figuring out that I had to click on the Ideas Network in the second column. I guess its over now.
Call in: 1-800-486-8655
or 227-2050 in Milwaukee
had a hard time figuring out that I had to click on the Ideas Network in the second column. I guess its over now.
2011 grams of weed. Grams Of Weed. Grams Of Weed. emagdnim015. Sep 12, 03:53 PM
maverick_joe
02-12 02:46 PM
it wudnt be automatic simply because the primary on the 485 might not be ROW but the secondary would be ROW.
I would think Cross-Charegeability is automatic. I mean if one spouse is birth country India/China and one is ROW, I would think cross charegeability is automatic but then again not a 100% sure.
I would think Cross-Charegeability is automatic. I mean if one spouse is birth country India/China and one is ROW, I would think cross charegeability is automatic but then again not a 100% sure.
more...
chanduv23
09-29 03:37 PM
Hope there are a few more approvals today and tomorrow before dates retrogress...
I would say "no hopes"
I would say "no hopes"
ufo2002
09-01 06:02 PM
The testimony only goes to show how much MORE incompetent USCIS is going to become if CIR passes... 35 million applications + more!!!!
Why bother with paperwork, wave some hands and declare all of them legal.
Why bother with paperwork, wave some hands and declare all of them legal.
more...
sheela
09-23 05:45 PM
[QUOTE=adobe howm;2923
"not sure how to give you my green though" .[/QUOTE]
when you are logged-on right top of every post you see a 'bunch' of grapes hit the bunch with cursor a dialog box opens up with approve/ disapprove . When you approve with comments-poster gets green= simple. now do some practice starting my posting :D
"not sure how to give you my green though" .[/QUOTE]
when you are logged-on right top of every post you see a 'bunch' of grapes hit the bunch with cursor a dialog box opens up with approve/ disapprove . When you approve with comments-poster gets green= simple. now do some practice starting my posting :D
2010 grams of weed. grams of weed. fd in someone; grams of weed. fd in someone
desidas
01-23 08:28 PM
Ramba,
Please advise
I dont work for my GC Sponsoring employer anymore and I dont have H1B either
Will it be any issue at Port of Entry if they ask why I am not working from my GC employer anymore?
I changed jobs using AC-21 and working on EAD now and H1B not valid anymore
Please advise
I dont work for my GC Sponsoring employer anymore and I dont have H1B either
Will it be any issue at Port of Entry if they ask why I am not working from my GC employer anymore?
I changed jobs using AC-21 and working on EAD now and H1B not valid anymore
more...
dealsnet
04-15 05:18 PM
You are correct. He have no option. Find a job, go back and tell them to do process the H1B, and do consular interview and stamping and come clean. You may have difficulty in approving the petition, or the process may take several months.
What you did a big mistake to ditch a company and go to a sucker. You are not supposed to start with the new company till you get the RECEIPT NOTICE after file for H1B. THAT IS A MISTAKE AND YOU ARE DID ILLEGAL ACTIVITY/JOB FROM THAT POINT OF TIME.
You have no choice but leave US immediately, go for CP, declare your overstay in the DS156 form, come clean to the VO and hope they forgive it.
Good Luck!
What you did a big mistake to ditch a company and go to a sucker. You are not supposed to start with the new company till you get the RECEIPT NOTICE after file for H1B. THAT IS A MISTAKE AND YOU ARE DID ILLEGAL ACTIVITY/JOB FROM THAT POINT OF TIME.
You have no choice but leave US immediately, go for CP, declare your overstay in the DS156 form, come clean to the VO and hope they forgive it.
Good Luck!
hair grams of weed. Grams Of Weed. Grams Of Weed. brdswp. Mar 29, 11:57 AM
arihant
12-02 10:54 AM
I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
Well, my case is pending at BEC in TR queue. After the RIR conversion rule became available, my lawyer is converting mine to RIR. Well, when she sent for wage determination, TWC is classifying my wage scale at a higher rate than anticipated. This is because one of the lines in my job description refers to the job involving "technical supervision..". As a result this job is being classified as a supervisory position. The lawyer sent a letter clarifying that it is not a supervisory position, but no luck. However, the lawyer says she can change the wordage slightly while submitting in RIR and reprase it to clarify that it is NOT a supervisory position. Has anybody come across such a scenario? The lawyer seems to think that it is ok to make such a change and all I can do is hope and pray that she is right.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
Well, my case is pending at BEC in TR queue. After the RIR conversion rule became available, my lawyer is converting mine to RIR. Well, when she sent for wage determination, TWC is classifying my wage scale at a higher rate than anticipated. This is because one of the lines in my job description refers to the job involving "technical supervision..". As a result this job is being classified as a supervisory position. The lawyer sent a letter clarifying that it is not a supervisory position, but no luck. However, the lawyer says she can change the wordage slightly while submitting in RIR and reprase it to clarify that it is NOT a supervisory position. Has anybody come across such a scenario? The lawyer seems to think that it is ok to make such a change and all I can do is hope and pray that she is right.
more...
arjunpa
08-18 10:32 AM
Hello
Case details
--Lay off with Employer A happened in April and I was without a job for a couple of months
--I have a valid Visa with employer A until April 2010.
--Finally found a job as a consultant, employer B applied for my H1B.
--RFE has been answered with sufficient documents and awaiting a response.
Question
I read/hear that since there is a 2 month period with no paystubs, I might get an approval for I-797 but without I-94. In such a case what actions should be taken.
Please advice.
Thanks!
Case details
--Lay off with Employer A happened in April and I was without a job for a couple of months
--I have a valid Visa with employer A until April 2010.
--Finally found a job as a consultant, employer B applied for my H1B.
--RFE has been answered with sufficient documents and awaiting a response.
Question
I read/hear that since there is a 2 month period with no paystubs, I might get an approval for I-797 but without I-94. In such a case what actions should be taken.
Please advice.
Thanks!
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rb_248
04-10 04:39 PM
How many for MSFT + Infy ?
more...
house That#39;s £5 a gram.
vinkrish
10-07 05:55 PM
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers “independent” forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers “independent” forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
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cableching
05-21 12:33 AM
The example he has given is a special case. The guy needs H1, because his son was out of status. Something is missing in the case. The child came to US 10 years back on B2 and stayed on B2 forever without extending or changing the status???
We need H1 only when we are not married or we have not filed I-485 for the dependants.
We need H1 only when we are not married or we have not filed I-485 for the dependants.
more...
pictures grams of weed. grams of weed. bong why is 3.5g+weed;
md_alien
06-22 11:55 AM
Skin test is mandatory unless you provide proof to the USCIS civil surgeon that you have done skin test in the past and the results were "POSITIVE"
As per my doc, if one has a "POSITIVE" skin reaction to PPD test, they should never take the skin test again as there is a danger of severe inflammation.
Another point to note is that if the reaction to PPD is over 10mm (even if X-Ray is negative) USCIS might want documentation to prove that you have been evaluated by the State's Public Health Dept and undergoing treatment. This is my personal experience as I had 16mm reaction to PPD. I have a copy of the RFE and can upload a scan if it benefits the community in general.
In US, a positive skin test result is interpreted as the person having had exposure to Tuberculin bacteria in the past which are lying dorman in his/her lungs. They will want to start a 4 mnth antibiotic treatment to eliminate the dormant bacteria. I'm currently on the course, 2 pills a day, although I had negative X-Ray. :mad: :mad: :mad:
As per my doc, if one has a "POSITIVE" skin reaction to PPD test, they should never take the skin test again as there is a danger of severe inflammation.
Another point to note is that if the reaction to PPD is over 10mm (even if X-Ray is negative) USCIS might want documentation to prove that you have been evaluated by the State's Public Health Dept and undergoing treatment. This is my personal experience as I had 16mm reaction to PPD. I have a copy of the RFE and can upload a scan if it benefits the community in general.
In US, a positive skin test result is interpreted as the person having had exposure to Tuberculin bacteria in the past which are lying dorman in his/her lungs. They will want to start a 4 mnth antibiotic treatment to eliminate the dormant bacteria. I'm currently on the course, 2 pills a day, although I had negative X-Ray. :mad: :mad: :mad:
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priti8888
10-01 01:03 PM
This is how PD and RD work.
ASSUME ALL ARE EB3
Mr. A PD JULY 2004 RD MARCH 2005(1)
Mr B PD FEB 2004 RD DECEMBER 2005 (2)
MR C PD JAN 2003 RD JANAURY 2006 (3)
USCIS Processes applications based on RD. After they are processed they are in the "staging area" (pre-adjudicated)
IF ALL visa bulletin DATES ARE "CURRENT" MR A would get GC first
If visa bulletin date has a PD of "May 2003" Mr. C would get GC first
If visa bulletin date has a PD of "MAY 2004 "MR B would get GC first
If visa bulletin date is August 2004 "Mr A would get GC first"
In a summary, when PD is current, people with the earliest RD would get GC first. Your PD HAS to be CURRENT to be eligible for a visa number.
ASSUME ALL ARE EB3
Mr. A PD JULY 2004 RD MARCH 2005(1)
Mr B PD FEB 2004 RD DECEMBER 2005 (2)
MR C PD JAN 2003 RD JANAURY 2006 (3)
USCIS Processes applications based on RD. After they are processed they are in the "staging area" (pre-adjudicated)
IF ALL visa bulletin DATES ARE "CURRENT" MR A would get GC first
If visa bulletin date has a PD of "May 2003" Mr. C would get GC first
If visa bulletin date has a PD of "MAY 2004 "MR B would get GC first
If visa bulletin date is August 2004 "Mr A would get GC first"
In a summary, when PD is current, people with the earliest RD would get GC first. Your PD HAS to be CURRENT to be eligible for a visa number.
more...
makeup grams of weed. grams of weed. grams of officer 0.5+g+of+
styrum
10-26 10:05 PM
I got this as a real paper letter. The signature is a picture, of course, not real.
No surprise here. We are not even a part of immigration reform for him.:mad:
So in this standard reply "about immigration reform" we are not even mentioned.
EDWARD M. KENNEDY
MASSACHUSETTS
Uinited States
WASHINGTON, DC 20510-2101
October 9, 2007
Dear Mr. :
Thank you for contacting me about immigration reform. This is a complex issue, with many important aspects, and it requires a comprehensive solution. 12 million undocumented workers are now living in the United States. They're working, paying taxes, and raising children who are U.S. citizens if they are born here. They contribute to our economy, and it is time to bring them out of the shadows and end their unfair exploitation by unscrupulous employers in communities across the country.
Funds for border enforcement have increased dramatically over the years. The budget for the Border Patrol has increased from $263 million in 1990 to $1.6 billion today - a six-fold increase. Yet each year during this period, hundreds of thousands of immigrants have continued to enter the U.S. illegally. Our immigration laws are clearly broken, and stronger border enforcement alone will not fix them.
Long and thorough negotiations with the White House and fellow Senators, Republican and Democrat, led to the drafting of a comprehensive bipartisan immigration reform bill this year. It contained important provisions to strengthen border security, but it also contained needed provisions imposing higher penalties on businesses that employ undocumented immigrants, a temporary worker program to help American businesses meet their employment needs, and provisions to address the millions of undocumented immigrants living in the United States by allowing them to obtain legal status after undergoing background checks, paying a fine, and going to the back of the line for green cards. The bill was a realistic and comprehensive solution that would not only protect our borders, but also enable needed temporary workers to enter the country legally, and allow workers already here to become legal.
Unfortunately, this needed legislation has now stalled in the Senate, which is enormously disappointing for Congress and the country. But the battle is far from over. I'm in it for the long haul, and Fm certain that, in the end, we will prevail. Ignoring the problem will not solve it. We cannot afford to do nothing, especially in this post-9/11 era. By heritage and history, America is a nation of immigrants, and we must preserve this tradition. I will continue to fight to reform our immigration laws, so that our borders are secure and immigrant families can continue to live the American dream.
Again, thank you for writing to me about this important issue.
Sincerely,
Edward M. Kennedy
No surprise here. We are not even a part of immigration reform for him.:mad:
So in this standard reply "about immigration reform" we are not even mentioned.
EDWARD M. KENNEDY
MASSACHUSETTS
Uinited States
WASHINGTON, DC 20510-2101
October 9, 2007
Dear Mr. :
Thank you for contacting me about immigration reform. This is a complex issue, with many important aspects, and it requires a comprehensive solution. 12 million undocumented workers are now living in the United States. They're working, paying taxes, and raising children who are U.S. citizens if they are born here. They contribute to our economy, and it is time to bring them out of the shadows and end their unfair exploitation by unscrupulous employers in communities across the country.
Funds for border enforcement have increased dramatically over the years. The budget for the Border Patrol has increased from $263 million in 1990 to $1.6 billion today - a six-fold increase. Yet each year during this period, hundreds of thousands of immigrants have continued to enter the U.S. illegally. Our immigration laws are clearly broken, and stronger border enforcement alone will not fix them.
Long and thorough negotiations with the White House and fellow Senators, Republican and Democrat, led to the drafting of a comprehensive bipartisan immigration reform bill this year. It contained important provisions to strengthen border security, but it also contained needed provisions imposing higher penalties on businesses that employ undocumented immigrants, a temporary worker program to help American businesses meet their employment needs, and provisions to address the millions of undocumented immigrants living in the United States by allowing them to obtain legal status after undergoing background checks, paying a fine, and going to the back of the line for green cards. The bill was a realistic and comprehensive solution that would not only protect our borders, but also enable needed temporary workers to enter the country legally, and allow workers already here to become legal.
Unfortunately, this needed legislation has now stalled in the Senate, which is enormously disappointing for Congress and the country. But the battle is far from over. I'm in it for the long haul, and Fm certain that, in the end, we will prevail. Ignoring the problem will not solve it. We cannot afford to do nothing, especially in this post-9/11 era. By heritage and history, America is a nation of immigrants, and we must preserve this tradition. I will continue to fight to reform our immigration laws, so that our borders are secure and immigrant families can continue to live the American dream.
Again, thank you for writing to me about this important issue.
Sincerely,
Edward M. Kennedy
girlfriend grams of weed. 1.5+g+of+weed; 1.5+g+of+weed. WeegieMac. Sep 28, 12:24 PM.
tdasara
08-17 11:03 AM
ashkam
How many years do they renew the license based on I-485 receipt at Malvern DMV?
Thanks
How many years do they renew the license based on I-485 receipt at Malvern DMV?
Thanks
hairstyles grams of weed. a few crumbs
werc
10-10 12:43 AM
I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.
How about H1B?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
How about H1B?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
NikNikon
May 23rd, 2005, 08:43 PM
Gary, I'm just thinking of mine which is a circular polarizer. You rotate the polarizer to achieve the desired amount of polarization. So I can rotate it one way and either darken or lighten the sky. All but your last pic looked as if it was darker on the right side which lead me to the assumption it was a circular type. There's a linear type too which I have never used so I'm not sure how it works, but I imagine it doesn't rotate (anyone?).
GCwaitforever
07-14 09:59 AM
If the provision to let people apply for I-485 without current PD passes, that takes away some pain related to waiting. Nobody can predict when EB3 will become current worldwide or country specific.
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