Stan09
07-17 11:35 AM
Anyhow, this is not the point. The point is - except but official fees employer MAY request reimbursement for H1B. My employer charges me with $4000 for h1B expenses (and those 1500 are not included into this amount). And I have not seen bodyshoppers stupid enough to include this provision into contract _without_ making special references as to which court and under which state law will be used to resolve possible conflicts. Bodyshoppers are very smart in everything that concerns money.
immigrationbond007
06-14 09:22 PM
They should arrive within 90 days of applying. They are not related to the Priority date. ;)
First, Congrats to everyone and IV Core Team!!
Priority Date may retrogress again. I am debating right now if I need to push my lawyer to file I-485 ASAP (hired by the firm, won't move a bit if not being bugged).
My understanding is: the immediate benefits for my wife and me once I-485 is filed are Advanced Parole and Employment Authorization Document.
My question is: are AP and EAD linked with Priority Date in any way, or you will have them once I-485 package is sent, no matter what? In other words, if PD retrogresses again in the near future, will AP and EAD be delayed also?
Thanks again!!! Sorry, have to open a thread like this. Went thru 30+ pages of posting on I-485, haven't found the answer.
First, Congrats to everyone and IV Core Team!!
Priority Date may retrogress again. I am debating right now if I need to push my lawyer to file I-485 ASAP (hired by the firm, won't move a bit if not being bugged).
My understanding is: the immediate benefits for my wife and me once I-485 is filed are Advanced Parole and Employment Authorization Document.
My question is: are AP and EAD linked with Priority Date in any way, or you will have them once I-485 package is sent, no matter what? In other words, if PD retrogresses again in the near future, will AP and EAD be delayed also?
Thanks again!!! Sorry, have to open a thread like this. Went thru 30+ pages of posting on I-485, haven't found the answer.
zvezdast
07-04 08:50 PM
I did the fingerprinting on 06/02/07, first and only time. So, it took exactly one month between FP and 485 approval.
I hope it goes like that for everyone.
I hope it goes like that for everyone.
milind70
08-28 11:46 AM
Thanks bond65
Immi_enthu,
I was talking about Traditional labor, and mines is not a case of substitution so i never signed anything .Infact at the time of applying labor i did sign some forms but nothing in 140 stage only signed g 28 at 485 stage.
From your signature your 140 is approved so u need not worry about that.
Immi_enthu,
I was talking about Traditional labor, and mines is not a case of substitution so i never signed anything .Infact at the time of applying labor i did sign some forms but nothing in 140 stage only signed g 28 at 485 stage.
From your signature your 140 is approved so u need not worry about that.
more...
jotv
10-16 11:31 PM
thanks and i am expecting more details
cjain
07-23 04:38 PM
well. won't you need the receipt when you travel..i thought one was required to carry the receipt when traveling internationally.
more...
desi3933
02-26 12:07 PM
Don't give advise, if you are not sure.
Nobody can file AOS, if they are out of status.
....
CONSULT A LAWYER.
Follow your own advice. You are incorrect here.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
Nobody can file AOS, if they are out of status.
....
CONSULT A LAWYER.
Follow your own advice. You are incorrect here.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
HumHongeKamiyab
01-08 12:19 PM
How to get a QA/Tester job in software? My wife is MCOM from india (no work experience), what are the things she need to know to get a job in Q/A?
Are there any courses/tools she can learn?
Thanks,
Are there any courses/tools she can learn?
Thanks,
more...
yabadaba
06-22 11:27 AM
POLL: Where Will You File Your I-485
arunkotte
06-04 09:46 AM
Monday, June 4, 2007
2:30 p.m.: Convene and begin a period of morning business.(Morning business at 2:30pm :cool: )
Thereafter, resume consideration of S. 1348, the Comprehensive Immigration Reform Act.
2:30 p.m.: Convene and begin a period of morning business.(Morning business at 2:30pm :cool: )
Thereafter, resume consideration of S. 1348, the Comprehensive Immigration Reform Act.
more...
whiteStallion
05-15 03:16 PM
You are right. These certifications may add some value when applying for H1B Visa but not for GC Processing with USCIS. You can just ignore those certifications....
I would like to clarify one thing....
Are these Certifications from Sun Microsystems, Oracle and IBM consider as supporting documents for 4 year degree or equivalent to any educational qualifications or experience?
I mean, people are doing these certifications even with out a job or while on bench....
I do not want to degrade or project these certifications in low profile or so, I do know the value of these certifications while searching for a job, but could not understand how they will help you in education or experience with USCIS.
Correct me if I am wrong.....
- B+ve
I would like to clarify one thing....
Are these Certifications from Sun Microsystems, Oracle and IBM consider as supporting documents for 4 year degree or equivalent to any educational qualifications or experience?
I mean, people are doing these certifications even with out a job or while on bench....
I do not want to degrade or project these certifications in low profile or so, I do know the value of these certifications while searching for a job, but could not understand how they will help you in education or experience with USCIS.
Correct me if I am wrong.....
- B+ve
knowDOL
08-23 09:44 AM
I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
more...
immuser
11-01 06:26 PM
I have seen many discussions were people talk about going to Canada, UK etc.
It is good to know what your options are other than US.
It is good to know what your options are other than US.
krishmunn
03-04 12:31 PM
do you know what is the cost of filing a LCA amendment, and is it necessary to take a copy of that LCA and hang it on the client notice board ????????
There is no cost to file a LCA unless you engage a lawyer. The LCA process seems to be pretty easy but again, it is something your employer should (and allowed to ) do, not you. One reason why employer might be avoiding filing a new LCA is if the new location has a higher wage requirement (eg. moving from mid-west to New York city) , the LCA should reflect that and they need to pay you accordingly.
There is no cost to file a LCA unless you engage a lawyer. The LCA process seems to be pretty easy but again, it is something your employer should (and allowed to ) do, not you. One reason why employer might be avoiding filing a new LCA is if the new location has a higher wage requirement (eg. moving from mid-west to New York city) , the LCA should reflect that and they need to pay you accordingly.
more...
abracadabra102
12-19 11:29 AM
My Friend, My Friend' Friend and Friend.. and the story goes on. I am sure you Friend has access to net and can express himself... ask him to post here and I am sure he will get ton's of first hand advise..
I second this post. Your "friend" should learn to fend for him/herself and post directly here.
I second this post. Your "friend" should learn to fend for him/herself and post directly here.
gk_2000
08-29 01:25 AM
Not only mine. There are many in the same scenario. Its the feeling of being close to the finishline but stll can't cross it. Sudden Influx of anything let it be USCIS is not good.
I was so busy worrying I don't have proper shoe, that I didn't notice a person pass by with no leg
I was so busy worrying I don't have proper shoe, that I didn't notice a person pass by with no leg
more...
vandanaverdia
09-11 02:56 PM
FYI
"Competing against fast-growing technology companies in India offering jobs with handsome pay raises and quick promotions, Microsoft has to work harder these days to attract and retain the best and brightest Indian engineering talent."
http://www.canada.com/topics/technol...d08f52&k=30524
Please join the WA state chapter....
"Competing against fast-growing technology companies in India offering jobs with handsome pay raises and quick promotions, Microsoft has to work harder these days to attract and retain the best and brightest Indian engineering talent."
http://www.canada.com/topics/technol...d08f52&k=30524
Please join the WA state chapter....
Munshi75
08-08 06:47 PM
include options for all the people in the EB-3. Are you trying to discrimiate recent applicants? I am one of them with 2006 PD.
pappu
05-08 02:14 PM
Subscription Payment Sent (Unique Transaction ID #82G15598SR169690U)
In reference to: S-4UL2252729966384J
-cheers
kris
Thanks. Great to see someone active and contributing despite getting the greencard.
If we have more people like you we can work on trying to get the eligibility start time for citizenship counted from the time I140 gets approved rather than the day you get Greencard.
This maybe a big change and even help us politically as more people will become citizens earlier and can vote.
This is something for all IV GC holder members and all other GC holders everywhere to think about. They are invited to have a dialogue and participation in such an effort if interested.
In reference to: S-4UL2252729966384J
-cheers
kris
Thanks. Great to see someone active and contributing despite getting the greencard.
If we have more people like you we can work on trying to get the eligibility start time for citizenship counted from the time I140 gets approved rather than the day you get Greencard.
This maybe a big change and even help us politically as more people will become citizens earlier and can vote.
This is something for all IV GC holder members and all other GC holders everywhere to think about. They are invited to have a dialogue and participation in such an effort if interested.
lord_labaku
09-16 09:54 PM
Do you know whether the substituted LC was used by the original employee by using AC21. If that previous employee got their GC...then the subbed LC is void so 140 will be denied.
This confusion w.r.t AC21 & labor sub was the very reason that LC sub was abolished.
Good luck.
This confusion w.r.t AC21 & labor sub was the very reason that LC sub was abolished.
Good luck.
syedajmal
03-31 04:14 PM
Speeding is a misdemeanor in some states and can cause a false alarm. Just recollect to see if you can recollect anything where you ran into the law even something minor??
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