ArkBird
11-01 03:41 AM
They HAVE TO pay the salary mentioned in your LCA. If not, you can drag them to DOL but you will risk your job and H1B status. I suggest, find another employer, transfer your H! and then kick their a$$. We have suffered enough at the hand of blood sucking desi "consultants".
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arunsush
06-19 02:01 PM
I don't think you would have to take the skin test again. Produce the documents that you are on mediaction and that should suffice.
Dear All,
I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.
But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.
Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.
Should I inform my doctor that I am on medications or should I just hide it?
And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?
Please advise.
Dear All,
I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.
But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.
Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.
Should I inform my doctor that I am on medications or should I just hide it?
And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?
Please advise.
nogc_noproblem
04-09 04:22 PM
My friend, who applied (during June 2007) for his EAD renewal around 60 days before his actual EAD expiration date, haven't got it renewed in time. After the expiry date, his employer asked him to come to work only after obtaining the renewed EAD. He has been told that in case of EAD it is not legal to work just with receipt.
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krishnam70
07-17 07:13 PM
Thanks for your list. So it seems we can do it without attorney help. I am not sure what my attorney is doing its been a month since he had all the papers and fee. I am going to try filing myself:mad:
and file yourself using the thread for self-filers in this forum.
cheers
and file yourself using the thread for self-filers in this forum.
cheers
more...
vikki76
07-19 08:36 PM
If you have copy of approved I-140, then your priority date would be mentioned there.
HawaldarNaik
12-17 04:42 PM
Also after the Visa Bullietin, India beat England with some great cricket in the last two days and Pakistan continues to ask for evidence in the Mumbai Blasts.....(sic) .......let me know if u need more updates....cause u seem to have missed quiet a lot....
more...
mrdelhiite
07-11 01:05 PM
^^^^^^^^^
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averagedesi
09-23 08:45 PM
I think your scenario is perfectly valid, its a honest mistake by USCIS, however if USPS or fedex or UPS screws things up and if the application reaches USCIS say on August 18th or 20th instead of the 17th, I dont think USCIS would do anything but reject the application again. But I guess it doesnt hurt to try assuming one is not desperate for the AP as in my case.
more...
CADude
02-28 10:14 PM
YES based on RD.
"ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...
"ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...
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Sakthisagar
10-26 03:11 PM
In September 2001, I came here on visitor visa with my mother and resided here till today (I was 15). I went through 4 yrs of high school, got my GED followed by an associate degree from community college and now I'm an undergrad student pursuing my bachelor degree; will graduate in a year. Meanwhile, my mother became a U.S. citizen through marriage when I was a sophomore in college, simultaneously my I-130 was approved and now waiting for the visa availability; the priority date: Dec 08, 2006, F1.
Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.
Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I've filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might've done all these for nothing. I've talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven't paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.
On top of everything, DREAM act just got rejected from the congress as I'm getting ready to graduate from college. I have no idea what to do.
With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I'm immobilized by the system which I don't see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.
Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.
If there is any hope, your help/advice/inputs will be greatly appreciated!
Hope is only with "Audacity of HOPE". We are all with you in this journey towards GC. Good luck to all.
Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.
Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I've filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might've done all these for nothing. I've talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven't paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.
On top of everything, DREAM act just got rejected from the congress as I'm getting ready to graduate from college. I have no idea what to do.
With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I'm immobilized by the system which I don't see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.
Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.
If there is any hope, your help/advice/inputs will be greatly appreciated!
Hope is only with "Audacity of HOPE". We are all with you in this journey towards GC. Good luck to all.
more...
andreafejes26
03-31 08:42 PM
I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
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desi3933
07-06 12:24 PM
As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
From legal point of view - there is no unused visa numbers. USCIS can issue not more than 140k GCs. Since it is "not more than", there is no unused visa numbers.
As per law, it is not permitted to carry over remaining visa numbers either.
Only a new bill can "claim" visa numbers this way.
__________________
Not a legal advice.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
From legal point of view - there is no unused visa numbers. USCIS can issue not more than 140k GCs. Since it is "not more than", there is no unused visa numbers.
As per law, it is not permitted to carry over remaining visa numbers either.
Only a new bill can "claim" visa numbers this way.
__________________
Not a legal advice.
more...
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Kalloo dada
03-26 03:21 PM
I am not sure how these questions will help? Maybe it will proove that we are high skilled and highly paid members who cannot even contribute $20!!
Indians dont want to pay, they want everything free or cheap.
FYI--I am also an Indian.
Indians dont want to pay, they want everything free or cheap.
FYI--I am also an Indian.
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ashkam
10-16 01:27 PM
- 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?
There should be two dates on your receipt notice, the receipt date : august and the notice date : october. If both are October, you need to contact t he USCIS.
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Aug 15
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
You should be getting your EAD by then otherwise you have to extend your H1B if you want to continue working. Once you get your EAD, update the form I-9 with your employer. As to your wife, you have to do nothing.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing ( receipt date)
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
She needs EAD approval and the physical card present with her
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
No idea.
- Would I get the fingerprinting notice directly or would my employer receive it?
You will receive it
- What other formalities would be left after (assuming) 485/765 are approved?
Wait for the green card
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
Here (http://www.ilw.com/seminars/august2002_citation2b.pdf).
There should be two dates on your receipt notice, the receipt date : august and the notice date : october. If both are October, you need to contact t he USCIS.
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Aug 15
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
You should be getting your EAD by then otherwise you have to extend your H1B if you want to continue working. Once you get your EAD, update the form I-9 with your employer. As to your wife, you have to do nothing.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing ( receipt date)
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
She needs EAD approval and the physical card present with her
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
No idea.
- Would I get the fingerprinting notice directly or would my employer receive it?
You will receive it
- What other formalities would be left after (assuming) 485/765 are approved?
Wait for the green card
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
Here (http://www.ilw.com/seminars/august2002_citation2b.pdf).
more...
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chantu
02-19 06:25 PM
If you guys are discussing so much..can somebody take pain to answer my simple question?
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WhatheHeck
07-12 11:05 AM
Hello Friends,
I applied for my permenant residency on Feb, 2002 under EB3 category. My PD is 02-DD-2002. As of today my LC and I-140 has been certified. I am from India.
Recently i got a new job offer from another company and the new employer is willing to sponsor my green card under PERM - EB2 category. I understand that its very easy to get the LC and I-140 certification within months under PERM premium processing. In this case my new priority date will be the date i apply my new LC.
If i get my PERM LC and I-140 under EB2 category with new employer, at the time of filing I-485 can i use my old priority date (Feb, 02) instead of PERM LC priority date?
My question is
With new PERM LC and I-140, can i apply for I-485 with my old priority date from the first LC? Please kindly provide your suggestion
I applied for my permenant residency on Feb, 2002 under EB3 category. My PD is 02-DD-2002. As of today my LC and I-140 has been certified. I am from India.
Recently i got a new job offer from another company and the new employer is willing to sponsor my green card under PERM - EB2 category. I understand that its very easy to get the LC and I-140 certification within months under PERM premium processing. In this case my new priority date will be the date i apply my new LC.
If i get my PERM LC and I-140 under EB2 category with new employer, at the time of filing I-485 can i use my old priority date (Feb, 02) instead of PERM LC priority date?
My question is
With new PERM LC and I-140, can i apply for I-485 with my old priority date from the first LC? Please kindly provide your suggestion
more...
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v_javans
09-07 09:43 AM
Hi All,
Friends, I have few questions regarding EB2 category and need your help & advice.
What are the requirements to file GC under EB2 category? I know USCIS needs 4 years degree. But I am Commerce graduate (3 years) from India and with over 11 years of IT experience, am I eligible for EB2? Can I use my experience to make up for 1 year. If not, can you suggest 1 yr. online degree (acceptable to USCIS) to be eligible for EB2.
Thanks in advance for your time.
Regards,
javans.
Friends, I have few questions regarding EB2 category and need your help & advice.
What are the requirements to file GC under EB2 category? I know USCIS needs 4 years degree. But I am Commerce graduate (3 years) from India and with over 11 years of IT experience, am I eligible for EB2? Can I use my experience to make up for 1 year. If not, can you suggest 1 yr. online degree (acceptable to USCIS) to be eligible for EB2.
Thanks in advance for your time.
Regards,
javans.
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number30
04-10 10:40 AM
First of all, thanks very much Prashanthi Reddy for answering questions. Could you help me out with this.
I have I-140 approved with more than 180 days with I-485 pending.
I still have valid H1.
Can someone be with their sponsoring employer on H1 and start business on EAD part time.
Once you start working for any employment othen the H1 sponsored company you will loose your H1 status.
I have I-140 approved with more than 180 days with I-485 pending.
I still have valid H1.
Can someone be with their sponsoring employer on H1 and start business on EAD part time.
Once you start working for any employment othen the H1 sponsored company you will loose your H1 status.
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Sunx_2004
11-21 12:37 AM
Just how bad is the backlog? (http://imminfo.com/Blog/articles.php?art_id=100&start=1)
Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
..........
.........
This is a long shot in today's scenario, not many companies are filing GC let alone conversion to EB2.
In short, EB3 is doomed....
Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
..........
.........
This is a long shot in today's scenario, not many companies are filing GC let alone conversion to EB2.
In short, EB3 is doomed....
PBECVictim
10-06 04:46 PM
Our PD : Dec 22nd 2003, EB2 India. It was pre-adjudicated on Sept 18th 2008.
My petition was approved 4 months back, after calling 100 times USCIS.
In my wife's case we spoke with IO on Sept 4th.
Created Service Request on 5th Sept.
During September 2nd week spoke to IO, IO sent an email to IO who is looking at petition.
During September last week we got Service Request generic response "Wait 180 days" which I have seen 2 times in my case .
On Sept 29th sent 7001 form to Ombudsman. Ombudsman office might have received the application on or before 1st October.
October 2nd 2009 my wife's petition approved.
So if your case is genuine case problem. Don't waste your time calling Immigration officers. Send 7001 form to Ombudsman's office.
My petition was approved 4 months back, after calling 100 times USCIS.
In my wife's case we spoke with IO on Sept 4th.
Created Service Request on 5th Sept.
During September 2nd week spoke to IO, IO sent an email to IO who is looking at petition.
During September last week we got Service Request generic response "Wait 180 days" which I have seen 2 times in my case .
On Sept 29th sent 7001 form to Ombudsman. Ombudsman office might have received the application on or before 1st October.
October 2nd 2009 my wife's petition approved.
So if your case is genuine case problem. Don't waste your time calling Immigration officers. Send 7001 form to Ombudsman's office.
aachoo
03-18 10:06 PM
What happens if your W2 is higher then the prevailing wage? Like $22K higher?
Look at my past posts. I asked this question some time back and people said it should be OK. I got an RFE and the lawyer did not seem to care that my current salary is much higher than the LC.
-a
Look at my past posts. I asked this question some time back and people said it should be OK. I got an RFE and the lawyer did not seem to care that my current salary is much higher than the LC.
-a
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