GCHope2011
09-07 04:33 AM
Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.
I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
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english_august
09-17 09:07 AM
All of you who are in DC today and tomorrow...please keep sending updates to either media_at_immigrationvoice.org or at legalimmi.dcrally_at_blogger.com.
maverick_joe
05-06 09:22 AM
and secondly there is no i-140 premium processing as of now..:(
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485InDreams
03-20 03:51 PM
How many of you support this idea ?
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
Why you wanna get arrested :D
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
Why you wanna get arrested :D
more...
arunkotte
07-10 09:43 PM
not nessasarly, mine and my friends las names starting with K and M, both are at NSC
immm
07-07 01:45 PM
(Admins, please delete this thread if already covered)
http://www.mercedsunstar.com/opinion/story/13765761p-14347307c.html
Our View: Feds play games with immigrants
They said they had an abundance of green cards and then rescinded the offer in a matter of weeks.
Last Updated: July 7, 2007, 03:16:02 AM PDT
If you want to know what's really wrong with our immigration system, consider the July debacle at the Citizen and Immigration Service.
Individuals and businesses typically have to wait years to apply for "green cards" for permanent residency based on job skills. The backlogs have been so severe that an engineer from India or China has had to wait six years to apply for a green card. In other employment categories, the wait can be nine to 11 years. For people from the Philippines, the wait in some work categories is 22 years.
But then in the monthly Visa Bulletin issued June 13, the State Department said that employment-based visas would be available.
This set off a rush among sponsoring businesses and individuals who have waited in line for years to apply for green cards. Thousands prepared applications and mailed them in time for the immigration service to receive them by July 2, the first day of the application window.
Then on that very day, the State Department issued a "never mind" update, announcing that the 60,000 green cards it had expected to offer would no longer be available. The thousands who submitted applications will have their applications sent back to them. As Los Angeles immigration attorney Carl Shusterman said Tuesday, "We're right back to square one, with scientists, engineers, teachers and health care workers having to wait in endless lines for employment-based visas." Rep. Zoe Lofgren, D-San Jose, chairwoman of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law sent irate letters to the Secretary of State and Secretary of Homeland Security. She said that changing course midmonth is contrary to years of practice, would result in the loss of thousands of dollars already expended by sponsoring businesses and individuals to prepare applications and, more important, would "threaten the integrity and predictability of our immigration system." This is no way to treat people who try to play by the rules.
The Citizenship and Immigration Services Ombudsman notes in his 2007 annual report to Congress that the nation has a "perpetual backlog" of employment-based green card applications. This backlog means that even green cards that should be available aren't used. This contributes to the backlog; if green cards are not issued in the year they are authorized, they are lost. In 2006, more than 10,000 employment-based green cards were lost, even though the immigration service had 100,000 to 150,000 applications waiting to be processed. Since 1994, nearly 219,000 employment-based green cards have been lost because the immigration service isn't processing enough applications in a timely manner.
It gets worse. The funds appropriated by Congress to jumpstart a backlog elimination project expired Sept. 30. The backlog will continue.
In the long term, this country needs to increase the number of employment-based green cards to meet demand. But if the immigration service cannot even process applications in a timely fashion for the current numbers of employment-based green cards that are supposed to be available, what's the point? In the short term, if Congress and the president do nothing else regarding immigration reform, they should at least make sure that the immigration service processes green card applications in timely fashion. The backlog is inexcusable and contributes to the nation's illegal immigration problem. If we want people to play by the rules, we have to make it possible for them to do so.
http://www.mercedsunstar.com/opinion/story/13765761p-14347307c.html
Our View: Feds play games with immigrants
They said they had an abundance of green cards and then rescinded the offer in a matter of weeks.
Last Updated: July 7, 2007, 03:16:02 AM PDT
If you want to know what's really wrong with our immigration system, consider the July debacle at the Citizen and Immigration Service.
Individuals and businesses typically have to wait years to apply for "green cards" for permanent residency based on job skills. The backlogs have been so severe that an engineer from India or China has had to wait six years to apply for a green card. In other employment categories, the wait can be nine to 11 years. For people from the Philippines, the wait in some work categories is 22 years.
But then in the monthly Visa Bulletin issued June 13, the State Department said that employment-based visas would be available.
This set off a rush among sponsoring businesses and individuals who have waited in line for years to apply for green cards. Thousands prepared applications and mailed them in time for the immigration service to receive them by July 2, the first day of the application window.
Then on that very day, the State Department issued a "never mind" update, announcing that the 60,000 green cards it had expected to offer would no longer be available. The thousands who submitted applications will have their applications sent back to them. As Los Angeles immigration attorney Carl Shusterman said Tuesday, "We're right back to square one, with scientists, engineers, teachers and health care workers having to wait in endless lines for employment-based visas." Rep. Zoe Lofgren, D-San Jose, chairwoman of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law sent irate letters to the Secretary of State and Secretary of Homeland Security. She said that changing course midmonth is contrary to years of practice, would result in the loss of thousands of dollars already expended by sponsoring businesses and individuals to prepare applications and, more important, would "threaten the integrity and predictability of our immigration system." This is no way to treat people who try to play by the rules.
The Citizenship and Immigration Services Ombudsman notes in his 2007 annual report to Congress that the nation has a "perpetual backlog" of employment-based green card applications. This backlog means that even green cards that should be available aren't used. This contributes to the backlog; if green cards are not issued in the year they are authorized, they are lost. In 2006, more than 10,000 employment-based green cards were lost, even though the immigration service had 100,000 to 150,000 applications waiting to be processed. Since 1994, nearly 219,000 employment-based green cards have been lost because the immigration service isn't processing enough applications in a timely manner.
It gets worse. The funds appropriated by Congress to jumpstart a backlog elimination project expired Sept. 30. The backlog will continue.
In the long term, this country needs to increase the number of employment-based green cards to meet demand. But if the immigration service cannot even process applications in a timely fashion for the current numbers of employment-based green cards that are supposed to be available, what's the point? In the short term, if Congress and the president do nothing else regarding immigration reform, they should at least make sure that the immigration service processes green card applications in timely fashion. The backlog is inexcusable and contributes to the nation's illegal immigration problem. If we want people to play by the rules, we have to make it possible for them to do so.
more...
indyyy
07-18 10:10 AM
This is the website to check labor status at the BEC.
http://pds.pbls.doleta.gov/
My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.
http://pds.pbls.doleta.gov/
My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.
2010 Red rose on a white background
wandmaker
04-02 01:03 AM
If you do not want to send it together, send 140 and wait for the receipt notice and file your 485 after it is current. zCool has given the inputs.
The simple answer based on your signature is - You can choose to send together, assuredly it will be adjudicated separately; the timeline is unknown to everyone.
The simple answer based on your signature is - You can choose to send together, assuredly it will be adjudicated separately; the timeline is unknown to everyone.
more...
for_gc
06-14 03:44 PM
Question is who will bell the cat.
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kaybeedee
11-05 12:06 PM
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
more...
roseball
04-24 08:56 AM
Since your I-94s are already expired, I would advise to talk to your attorney asap and follow his advise....Do not rely on a forum to get suggestions on a time sensitive situation...
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jonty_11
02-14 03:59 PM
This is where the whole Retro mess starts, people trying to bypass the system. Read the Requirements and if your employer/attorney thinks u qualify , u do otherwise, dont screw up the system.
more...
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leo2606
09-15 08:10 PM
Looks like you are lonely and lunatic, targeting the person trying to motivate people like you.
Chandu keeps opening the threads and keeps talking to himself....he is so lonely.
Chandu keeps opening the threads and keeps talking to himself....he is so lonely.
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senthil1
07-05 10:44 PM
Whatever the conditions put for immigration number of people to work in USA is increasing. Yearly there is 20 to 30% increase in F1 Visa for past 3 years . And 130k H1b applications also tells the story. Still USA is topmost market for India and China. USA depends on India and China. But opposite also true(India and China dependent on USA). The change of equation unlikely for many decades. Many European countries and Gulf countries are giving temporary visa and no green card. Still huge demand for working in those countries. Immigration is USA is for mutual benefit not just for country but also for immigrants. If dollar value goes down 20 rupees then outsourced jobs will come back to USA and Indian economy also will crash. So ,for developing countries welfare USA economy should be stable
Folks in Alipac are enjoying this news - they say such a thing is good for the country because Indians and Chinese won't come here anymore
They seem to be a bunch of chaotic confused folks and don't know what they want.
Folks in Alipac are enjoying this news - they say such a thing is good for the country because Indians and Chinese won't come here anymore
They seem to be a bunch of chaotic confused folks and don't know what they want.
more...
pictures white background wallpaper. white background Wallpaper
Berkeleybee
05-25 07:17 PM
What about validating the visas in the US? I think it was some where in Brownback amnd.
There was no provision for validating visas in the US, at least not in our Brownback amendment. I am not aware of that being a rider on any other amendment -- but I wouldnt' rule it out
We will have to do a post-final-bill-with-amendments analysis.
Please hold on till that becomes available.
Thanks,
Berkeleybee
There was no provision for validating visas in the US, at least not in our Brownback amendment. I am not aware of that being a rider on any other amendment -- but I wouldnt' rule it out
We will have to do a post-final-bill-with-amendments analysis.
Please hold on till that becomes available.
Thanks,
Berkeleybee
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ramaonline
01-02 01:40 PM
Note that USCIS has introduced bispecialization because of which all I140 employment based petitions must be sent to NSC for processing.
With the premium processing option you should get a case decision within 15 days. If the petition cannot be processed under the Premium option, u will get a refund of the extra $1000 .
With the premium processing option you should get a case decision within 15 days. If the petition cannot be processed under the Premium option, u will get a refund of the extra $1000 .
more...
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julsun
01-03 12:55 PM
From what you say do you mean your wife now has no current visa status?
If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.
If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa
Yes she not current visa status :-( Thats why I am worried about her travel plan.
If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.
If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa
Yes she not current visa status :-( Thats why I am worried about her travel plan.
girlfriend white background wallpaper. white background wallpaper.
arunmohan
01-10 12:16 AM
Have already done that.
I want to contact Janet specially because I went to school in AZ and in 2002 elections - I was a part of her campaign at the University supporting her.
Not that I have any proof of it but I had just joined some friends for it - hence I thought would be good to be able to meet up with her.
I work in Chandler. I am ready to go with you.
I want to contact Janet specially because I went to school in AZ and in 2002 elections - I was a part of her campaign at the University supporting her.
Not that I have any proof of it but I had just joined some friends for it - hence I thought would be good to be able to meet up with her.
I work in Chandler. I am ready to go with you.
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elusive
07-10 01:13 AM
Hi,
I got the standard RFE
1) End date in client letter
2) EE relationship
3) show project validity till h extension requested( 3 years)
RFE response to be received on or before July 10 2010
With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR
My question is
) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
2) Or will USCIS will accept the respnse since it was posted before on 7/9
I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...
any advice please
I got the standard RFE
1) End date in client letter
2) EE relationship
3) show project validity till h extension requested( 3 years)
RFE response to be received on or before July 10 2010
With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR
My question is
) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
2) Or will USCIS will accept the respnse since it was posted before on 7/9
I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...
any advice please
aroranuj
08-19 10:05 PM
I am filing for my EAD renewal and had a quick question...I have an EAD card from when I was in college and did my OPT. The problem though is that I do not have some of the details that they ask for while filing EAD renewal, such as what Center was it processed at & what was the application date.
I have already called USCIS & they cant pull up what center my EAD was filed at or the date it was filed. Can anyone suggest what I should do in this situation? What do I put in the form? Does anyone have similar experiences?
I have already called USCIS & they cant pull up what center my EAD was filed at or the date it was filed. Can anyone suggest what I should do in this situation? What do I put in the form? Does anyone have similar experiences?
randlesl
November 23rd, 2004, 10:22 PM
Thanks everyone... setting the ISO higher helped my problem.