jayleno
12-12 12:56 PM
If the reason for the denial is the company financial situation and not been audited, I dont know how EB3 will solve the problem. Are you already being paid the amount they specified in the LC?
I think you should consult an independant attorney and get an opinion rather than trusting your company's lawyer.
My PERM was applied in Nov 2007 and 140 in early- mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.
My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.
Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?
I'm confused and scared at the same time. Not sure what to do..
please suggest me all the options available to me.
Thanks!
I think you should consult an independant attorney and get an opinion rather than trusting your company's lawyer.
My PERM was applied in Nov 2007 and 140 in early- mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.
My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.
Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?
I'm confused and scared at the same time. Not sure what to do..
please suggest me all the options available to me.
Thanks!
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sash
06-20 04:03 PM
OMG are you guys saying dont travel even in emergency situations?!!
fromnaija
09-22 05:55 PM
Is it possible to include "allow filing 485" if labor has been pending for 2+ years?
Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.
I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.
But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.
I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.
Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.
I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.
But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.
I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.
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glus
06-18 11:28 AM
First, you should not offer money for such a letter. Secondly, you can ask a colleague to write one for you. When you send a letter from a colleague, explain that the company had refused to write a letter for you. Include the phone number and the address of the company.
In general, a colleague letter is enough as long as the USCIS can verify the author of the letter.
In general, a colleague letter is enough as long as the USCIS can verify the author of the letter.
more...
snowshoe
12-18 01:33 PM
I called Carnival, the CSR mentioned that I only need a passport and a US visa. However, their website says check with the country's embassy for immigration documents. I guess I will err on the side of caution and get Mexican tourist visa.
Buddy
When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.
Thanks
Raj
Buddy
When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.
Thanks
Raj
perm2gc
12-20 01:34 AM
Hi,
I have my I-140 approved in EB2 category (applied in Feb 06), at present
in H1b (paperwork valid till Nov. 07). I would like to know
whether there are any problems in going to India and getting
my visa stamping done.
Are there any legal issues - like you cannot travel abroad while your I-140 is
approved and do not have AP and EAD ?? (I cannot apply for I-485 and also AP/EAD as
I have filed my I-140 petition in Feb 06; and the processing date for EB2 (India)
is Jan 03).
Any suggestions/comments/advice greatly appreciated.
pradeep
You will have no problems.Take all the regular paper work and also take a copy of your labor and I140.
I have my I-140 approved in EB2 category (applied in Feb 06), at present
in H1b (paperwork valid till Nov. 07). I would like to know
whether there are any problems in going to India and getting
my visa stamping done.
Are there any legal issues - like you cannot travel abroad while your I-140 is
approved and do not have AP and EAD ?? (I cannot apply for I-485 and also AP/EAD as
I have filed my I-140 petition in Feb 06; and the processing date for EB2 (India)
is Jan 03).
Any suggestions/comments/advice greatly appreciated.
pradeep
You will have no problems.Take all the regular paper work and also take a copy of your labor and I140.
more...
copsmart
02-20 06:47 PM
I think your wage is high, because you are in EB2 category.
In other words, the job for which your labor was applied required a higher education or experience. Your employer has to come up with such strong requirements to put you in the EB2 category. But what it does is, it will bump up your prevailing wage.
I had a similar situation where my boss gave a big list of requirements, which smacked my prevailing wage to a higher number. My attorney tried to talk into my employer, that GC is for a future job and they don�t have to worry about it now. But my employer said, they can�t promise to pay that salary, even if it is going to be after several years. Although, in my case the difference between the GC wage and my current salary wasn�t very high.
So, my attorney and my boss went back and forth several times before they came up with a job requirement that works for me and my employer.
In your case, at least your employer agreed to pay the salary or they have no concerns. So, you don�t have to worry about it now, because GC is for a future job.
BTW, do not jeopardize your job by asking for such a huge raise in this tough economic times. If you are still so worried, try to find a job that pays your GC salary and use AC21 to change your job.
I would say, just hang in there, because the job market is really tight.
All,
My PERM labor was filed in Dec 2006. I didn't know much about all the technicalities in that process. I found today, from the flcdatacenter website, my labor petition number and was shocked to see the wage mentioned in there is "50.34", "Hr". I assume thats the pay I would get if I get the GC. My current pay is 60K/year. I have approved I-140 and have also applied my I-485 in the July 2007 fiasco.
I am now heart broken since I am not sure if I would ever get the GC cause the wage mentioned in LC and what I am getting right now has huge difference.
What can I do at this point of time? Any suggestion would be helpful to me.
Thank you.
In other words, the job for which your labor was applied required a higher education or experience. Your employer has to come up with such strong requirements to put you in the EB2 category. But what it does is, it will bump up your prevailing wage.
I had a similar situation where my boss gave a big list of requirements, which smacked my prevailing wage to a higher number. My attorney tried to talk into my employer, that GC is for a future job and they don�t have to worry about it now. But my employer said, they can�t promise to pay that salary, even if it is going to be after several years. Although, in my case the difference between the GC wage and my current salary wasn�t very high.
So, my attorney and my boss went back and forth several times before they came up with a job requirement that works for me and my employer.
In your case, at least your employer agreed to pay the salary or they have no concerns. So, you don�t have to worry about it now, because GC is for a future job.
BTW, do not jeopardize your job by asking for such a huge raise in this tough economic times. If you are still so worried, try to find a job that pays your GC salary and use AC21 to change your job.
I would say, just hang in there, because the job market is really tight.
All,
My PERM labor was filed in Dec 2006. I didn't know much about all the technicalities in that process. I found today, from the flcdatacenter website, my labor petition number and was shocked to see the wage mentioned in there is "50.34", "Hr". I assume thats the pay I would get if I get the GC. My current pay is 60K/year. I have approved I-140 and have also applied my I-485 in the July 2007 fiasco.
I am now heart broken since I am not sure if I would ever get the GC cause the wage mentioned in LC and what I am getting right now has huge difference.
What can I do at this point of time? Any suggestion would be helpful to me.
Thank you.
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maacho
02-13 02:05 PM
IV fluid for ur greencard ;)
more...
posmd
03-28 08:24 PM
posmd,
If we're able to make every category current, then this amendment for filing I-485 will be moot. But then again our goals will have to tempered with ground reality. While we're fighting very hard against the hard country limit, there is no guarantee that it will be revoked. In the house-senate conference again, we cannot be sure that all of the exemptions like the ones for Dependents, STEM will not be stripped. So there is a very high chance that priority dates are not going to become current. So with that in mind, we need to make sure that atleast our life during the time that we're waiting for GC is much easier.
I agree with you on the above. I already stated if we get that and nothing else it should still be considered to be some kind of victory.
I was merely responding to that sentiment that it is the number one priority. I just believe that an end to retrogression and the hard country limits should be that. I think you guys are on the right line of thinking.
I want to congratulate you on your excellent work. We all do sincerely appreciate your efforts.
If we're able to make every category current, then this amendment for filing I-485 will be moot. But then again our goals will have to tempered with ground reality. While we're fighting very hard against the hard country limit, there is no guarantee that it will be revoked. In the house-senate conference again, we cannot be sure that all of the exemptions like the ones for Dependents, STEM will not be stripped. So there is a very high chance that priority dates are not going to become current. So with that in mind, we need to make sure that atleast our life during the time that we're waiting for GC is much easier.
I agree with you on the above. I already stated if we get that and nothing else it should still be considered to be some kind of victory.
I was merely responding to that sentiment that it is the number one priority. I just believe that an end to retrogression and the hard country limits should be that. I think you guys are on the right line of thinking.
I want to congratulate you on your excellent work. We all do sincerely appreciate your efforts.
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waitforgc1
05-07 11:39 AM
Me and my wife also have LUD on 04/23/2009. And my priority date is Nov 2004
I think based on the information on other threads its usually normal nothing
can be derived of that LUD.
I think based on the information on other threads its usually normal nothing
can be derived of that LUD.
more...
savitri.bhave
07-05 08:52 PM
This is a very basic question and I need answer on this as early as possible and guidance from you.
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
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chaks7
01-20 11:24 AM
My wife is the primary on the insurance and I am the dependent. My employer does not offer insurance. It is a consulting co. I checked with him; he said there were not enough people to go with Group policy and people have to find Individual Insurance. So COBRA may be the only option if something changes with her job.
more...
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aarzoo
02-02 06:33 PM
@clockwork: Can you suggest some good lawyer(s).
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ha002
06-15 06:05 PM
I am on F1 -OPT and my husband wants to apply for EAD...we are totally confused..i ma talking to my present compnay lawyers and my husbands compnay lawyers, they said it should be OK.... But i am not convinced.... they say there is alwys arisk involved..but it is a chance that we have to take.... i will keep you posted when i make a decision..lot of my frinds are in teh same position..so will tell you about otehr facts which i come across
more...
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vasa
07-05 10:48 PM
Tell the employer you'll pay for the premium but include you in the company's group insurance.even a normal delivery costs can run into 10K plus the baby has additional costs etc . Did you have group insurance from a previous company?you can continuethat on cobra..its expensive though.good luck
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maddipati1
01-08 07:54 PM
i went for stamping in india in Feb'09. Mine wasn't in PIMS. They said that my visa is issued but will get the PP with stamp after PIMS clearance and it might take upto 2 weeks. but luckily i got it in 3 days.
those whose I-797 was approved around the same time when PIMS was introduced ( i think Oct'07 ), should be careful about this.
i read somewhere that, they messed up initial data transfer during PIMS launch. so the I-797s that got approved around the same time are more likely to be missed. mine was approved exactly in the same month PIMS was implemented and surely it wasn't in PIMS.
funny story now ( but painful then )..
i was aware and prepared for this when i went for stamping. i was at the window of initial screening officer. he took my dox and verified in their system and started writing 'not in PIMS' on top of my app. i was looking at it and i said 'aah! is it not in PIMS?'. he was surprised ( that i knew about PIMS etc) and gave me a look. now, i told to myself 'dude! shut up' :D
minumum precaution u should take is, take the visa appointment on the first couple of days of ur visit, to have buffer for PIMS.
but, i read, there is another type of delay that's the nemsis of pink 221(g) or something like that. this is for people who work in sensitive industries like defense, biotech, chemical etc. that surely take a long time, coz they need clearance from washington.
those whose I-797 was approved around the same time when PIMS was introduced ( i think Oct'07 ), should be careful about this.
i read somewhere that, they messed up initial data transfer during PIMS launch. so the I-797s that got approved around the same time are more likely to be missed. mine was approved exactly in the same month PIMS was implemented and surely it wasn't in PIMS.
funny story now ( but painful then )..
i was aware and prepared for this when i went for stamping. i was at the window of initial screening officer. he took my dox and verified in their system and started writing 'not in PIMS' on top of my app. i was looking at it and i said 'aah! is it not in PIMS?'. he was surprised ( that i knew about PIMS etc) and gave me a look. now, i told to myself 'dude! shut up' :D
minumum precaution u should take is, take the visa appointment on the first couple of days of ur visit, to have buffer for PIMS.
but, i read, there is another type of delay that's the nemsis of pink 221(g) or something like that. this is for people who work in sensitive industries like defense, biotech, chemical etc. that surely take a long time, coz they need clearance from washington.
more...
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viswanadh73
01-07 11:19 AM
can Employer with draw Approved I-140 if they want after 180 days of pending 485 if any body changes his/her job with out notifying USCIS(AC21).
thanks for your replies.
thanks for your replies.
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kaisersose
11-27 01:38 PM
Hi,
one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not.
Thank you
The short answer is, it does not work. It has been permanently banned following heavy abuse.
Substitution is a process of cutting the queue, by using a Labor approved for someone else earlier. Many people who came ino the US in 2006 on H-1b now have green cards by paying $$$ to some GC shops for old Labors. This came to the notice of DOL and they decided to put an end to it.
one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not.
Thank you
The short answer is, it does not work. It has been permanently banned following heavy abuse.
Substitution is a process of cutting the queue, by using a Labor approved for someone else earlier. Many people who came ino the US in 2006 on H-1b now have green cards by paying $$$ to some GC shops for old Labors. This came to the notice of DOL and they decided to put an end to it.
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joydiptac
08-11 06:35 PM
Democrats are losers. Socialist. They can only sponsor illegal immigrants. Republican party is pro legal immigration.
Hope this bill passes, but then again... The republican party is so pro legal immigrants that they had 8 years of power and never thought of this bill. And whenever someone brought up any similar STEM bill they would shoot it down.
I don't know what to make of it, but to think this is just a political maneuver.
Hope this bill passes, but then again... The republican party is so pro legal immigrants that they had 8 years of power and never thought of this bill. And whenever someone brought up any similar STEM bill they would shoot it down.
I don't know what to make of it, but to think this is just a political maneuver.
eb3India
05-22 09:22 AM
Admin,
I do understand core members have fulltime job I mentioned earlier I volunteer to do some research in this subject.
However I don't want re-invent the wheel and I was expecting a very simple answers and pointers on the subject
for example, if someone had spent time on this, they could simply answer yes and provide some links etc where I get more answers.
as I write I am googling on this subject and will provide my findings
between, guys we are all in a same boat we should work collective to get out of this mess
I do understand core members have fulltime job I mentioned earlier I volunteer to do some research in this subject.
However I don't want re-invent the wheel and I was expecting a very simple answers and pointers on the subject
for example, if someone had spent time on this, they could simply answer yes and provide some links etc where I get more answers.
as I write I am googling on this subject and will provide my findings
between, guys we are all in a same boat we should work collective to get out of this mess
ita
01-16 01:38 PM
I was trying to find out if it is possible to switch from H1-EAD-H1 all the while staying in the country.
If this switch is possible then will the EAD-H1 switch process be treated as 1 .transfer/ 2.new H1 application(subject to annual quota,lottery)/ 3.something else(recapture)? Though in all the three cases this new H1 will be valid for only whatever time that is left on H1 and not 6 years.
All these days I thought it would be treated as transfer (though there is a gap between the H1).
Thank you.
There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
This way you will not be part of the New quota. Hope this helps
If this switch is possible then will the EAD-H1 switch process be treated as 1 .transfer/ 2.new H1 application(subject to annual quota,lottery)/ 3.something else(recapture)? Though in all the three cases this new H1 will be valid for only whatever time that is left on H1 and not 6 years.
All these days I thought it would be treated as transfer (though there is a gap between the H1).
Thank you.
There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
This way you will not be part of the New quota. Hope this helps