satishku_2000
11-20 12:40 PM
For July 2nd filers, the freedom is attained on Dec 29th (180 days after filing).
I know ... :)
I know ... :)
wallpaper quotes on loneliness. quotes
gondalguru
07-26 10:15 PM
Good work Vikram. I tested it out and seems preety useful.
raysaikat
04-06 01:27 PM
... But if 6 months have already elapsed after filing I485, then you are free to go anywhere.
Does not sound right. Where did you hear that?
Does not sound right. Where did you hear that?
2011 life, love, quotes, sad
Saralayar
03-17 02:20 PM
According to IRS
http://www.irs.gov/newsroom/article/0,,id=179211,00.html
If any member has ITIN, economic stimulus package benefit will not be given.
EAD is a must for applying SSN. You need to show the EAD card, I-94 and Passport at the time of applying for SSN.
http://www.irs.gov/newsroom/article/0,,id=179211,00.html
If any member has ITIN, economic stimulus package benefit will not be given.
EAD is a must for applying SSN. You need to show the EAD card, I-94 and Passport at the time of applying for SSN.
more...
gc_bulgaria
10-09 04:18 PM
http://www.immigration-law.com/
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer’s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physical location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensue. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer’s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physical location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensue. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
ps3539
03-22 01:59 AM
Do not think about your events.
Think about baby's life. Make him/ her a US Citizen.
That's a good gift you can give.
Think about baby's life. Make him/ her a US Citizen.
That's a good gift you can give.
more...
BimmerFAn
06-23 12:58 PM
Yeah I saw on the Visa Bulletin that EB3 is really backed up. Kind of upsetting because I am sure that not too many people from my country are working in my field.
Regardless, my position is that of a Financial Services Auditor. The position requirements state that a Master's degree is preferred but a Bachelor's is acceptable if one meets the credit hour requirements to sit for the CPA exam (150 hours).
I heard that EB2 category placement depends on the position requirements not on my actual degree, which is a BS in Accounting and Finance (Double Major, exceeding 150 credit hours). Using that information is there any way that I could be placed in EB2? I got the job with a lesser degree because I was able to demonstrate exceptional ability.
As far as the bonus thing goes, I was trying to address the "renumeration" requirement for EB2. My company is one of the top in the field globally. I reason that if one receives bonuses for being one of the top performers in that company then it should be "exceptional ability."
Lastly I would meet the Professional licensing - CPA/CFA - and professional organization membership - AICPA and other State orgs.
I would speak to my company attorney about this, but I want to get the facts straight. I can see that to save myself a headache I might as well get married to a US citizen.
Regardless, my position is that of a Financial Services Auditor. The position requirements state that a Master's degree is preferred but a Bachelor's is acceptable if one meets the credit hour requirements to sit for the CPA exam (150 hours).
I heard that EB2 category placement depends on the position requirements not on my actual degree, which is a BS in Accounting and Finance (Double Major, exceeding 150 credit hours). Using that information is there any way that I could be placed in EB2? I got the job with a lesser degree because I was able to demonstrate exceptional ability.
As far as the bonus thing goes, I was trying to address the "renumeration" requirement for EB2. My company is one of the top in the field globally. I reason that if one receives bonuses for being one of the top performers in that company then it should be "exceptional ability."
Lastly I would meet the Professional licensing - CPA/CFA - and professional organization membership - AICPA and other State orgs.
I would speak to my company attorney about this, but I want to get the facts straight. I can see that to save myself a headache I might as well get married to a US citizen.
2010 oleander quotes loneliness; quotes for loneliness. TAGS: future loneliness
vxg
04-19 08:16 PM
I am getting promoted to a manager's position. This postion requires the same technical knowledge and has the same job resposibilities. Apart from this, it has people management responsibilities. My lawyer said that since it is in the same devision and just added responsibilities it is fine. We just have to put the new position while applying for the next H1B.
It is not clear from the previous posts if this is a problem.
Being project lead and going to managing projects can be considerred as gradual change by someone or complete different job by another.
My question is since GC is for the future job why should it matter what the current job is so long it is in the similar technology area or part of the company.
I have done the same i got promoted to manager within same divison and same responsibilities with added resposnibilities. The lawyer said it is OK because the job responsbilities are same. Adding new responsibilities does not hurt. About salary your salary at the time of i-140 filing should greater than or equal to the salary decsribed in LC application.
It is not clear from the previous posts if this is a problem.
Being project lead and going to managing projects can be considerred as gradual change by someone or complete different job by another.
My question is since GC is for the future job why should it matter what the current job is so long it is in the similar technology area or part of the company.
I have done the same i got promoted to manager within same divison and same responsibilities with added resposnibilities. The lawyer said it is OK because the job responsbilities are same. Adding new responsibilities does not hurt. About salary your salary at the time of i-140 filing should greater than or equal to the salary decsribed in LC application.
more...
dealsnet
07-16 09:48 AM
No problem with expired i-94. Just inform them about I-485 filing. I did it without any problem.
Do you guys see any issues if I-94 is expired but I-485 application is pending and the petitioner is working on EAD? Any thoughts will be appreciated. Thanks,
Do you guys see any issues if I-94 is expired but I-485 application is pending and the petitioner is working on EAD? Any thoughts will be appreciated. Thanks,
hair quotes on loneliness in life.
v2neha
04-07 05:50 PM
When we applied for B2 extension for my parents-in-laws (for their second visit - not the first one), we did not have a decision until few days before expiry of their original I-94. I called the USCIS (it was INS or CIS at that time) and the customer rep told me that while a visa extension application is pending, their stay is authorized by the attorney general and their presence in the USA is not unlawful. If the application was denied, they would need to leave USA immediately to avoid accruing unlawful presence. The extension got approved eventually and they left the country before expiry of new I-94. Since then, they visited us three more times and we extended their stay one more time.
However, please note that we had a very compelling reason, my son, their grandson was in critical condition undergoing a complex surgery both times their extensions were requested.
However, please note that we had a very compelling reason, my son, their grandson was in critical condition undergoing a complex surgery both times their extensions were requested.
more...
perm2gc
07-08 10:11 PM
Check again
Rated :D
Rated :D
hot quotes on loneliness in life.
cram
08-23 08:34 PM
On July 20, I got an RFE for my employer's 2006 ITR. They are taking forever to subnit the document. How much time are we given to submit the evidence. How many days?
more...
house quotes on loneliness. quotes
HOPE_GC_SOON
08-04 02:36 PM
Gurus / Recent GC Awardees:
Can you clarify if the following Sequence of GC Issuance PRocess is correct, once Approval process is going on .
1) Online LUD on Cases "Card Production Ordered" and subsequent Email.
2) Online LUD Change as "Welcome Notices Sent" and Emails.
3) Receiving the Paper WelcomeNotices (Are these Notices are deemed to be I485 approval notices ?? I have not yet received them)
4) Receiving the Cards.
Then What is "ADIT Processing" ? they mentioned in the Welcome Notices sent email.
Any Info or guidance from Peers is highly appreciated . :)
Thanks,
My 485 approval process is going on. and above Two Steps were done. :) after a wait of 5 years.
Can you clarify if the following Sequence of GC Issuance PRocess is correct, once Approval process is going on .
1) Online LUD on Cases "Card Production Ordered" and subsequent Email.
2) Online LUD Change as "Welcome Notices Sent" and Emails.
3) Receiving the Paper WelcomeNotices (Are these Notices are deemed to be I485 approval notices ?? I have not yet received them)
4) Receiving the Cards.
Then What is "ADIT Processing" ? they mentioned in the Welcome Notices sent email.
Any Info or guidance from Peers is highly appreciated . :)
Thanks,
My 485 approval process is going on. and above Two Steps were done. :) after a wait of 5 years.
tattoo quotes for loneliness. Quotes On Loneliness In Life. Loneliness is a choice.
singhsa3
06-01 05:58 PM
It is illegal. If being paid less than on your H1 LCA
more...
pictures quotes for loneliness. quotes
chanduv23
05-21 01:14 PM
Thanks guys. I am going to Lake George by NY-Canada border and this seems like good info. But I am from NJ and we have the new tamper proof Drivers licenses which show immigration status and you need to produce all immigration papers to get one. Isn't that enough??
Carry ur passport and h1b ddocument - DL is not enough
Carry ur passport and h1b ddocument - DL is not enough
dresses quotes on loneliness
immi_enthu
12-28 04:39 PM
Why did u give a negative marking for that?
just for the record. I did NOT give you any marking. why do you assume things and make assertions based on those assumptions ?
just for the record. I did NOT give you any marking. why do you assume things and make assertions based on those assumptions ?
more...
makeup quotes on loneliness in life. quotes on loneliness in life. quotes on
nat23
03-14 02:19 PM
hello,
My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.
When is your mother coming over? Whats her port of entry? My wife will be coming from Bangalore on May 20th through Lufthansa.
To answer your question: You DONT need a transit visa if you have a valid US visa.
My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.
When is your mother coming over? Whats her port of entry? My wife will be coming from Bangalore on May 20th through Lufthansa.
To answer your question: You DONT need a transit visa if you have a valid US visa.
girlfriend quotes on loneliness in life. quotes on loneliness in life
immi_seeker
10-05 12:43 AM
This Thread is to start the ball rolling for meet & greet for Arizona members. Arizona memebers especially the folks living in phoenix/Chandler/Gilbert/Mesa/Tempe area , if interested pls come forward and post on this thread.
We could setup something in the near future (some weekend or friday)on october itself ) so we can get to know each other and discuss about any future course of action from a state chapter perspective.
We could setup something in the near future (some weekend or friday)on october itself ) so we can get to know each other and discuss about any future course of action from a state chapter perspective.
hairstyles quotes on loneliness in life.
aadimanav
12-28 02:06 PM
NSC Dec 2007 Processing Times says:
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
"..The processing times shown below are for applications that have just been completed..."
In the table it mentions "April 24, 2007" as the date for EB based 485 adjustment applications.
Just for one sec assume that above date is right. What does "processing completion" of your 485 means? Does that mean your case is pre-adjudicated and waiting for the visa number and you won't get any RFE?
Also, when they are mentioning "April 24, 2007" date , are they ignoring the applicants who are stuck in namecheck process for years? If a person has filed 485 in 2005 or 2006 but stuck in namecheck, how come 485 is completed?
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
"..The processing times shown below are for applications that have just been completed..."
In the table it mentions "April 24, 2007" as the date for EB based 485 adjustment applications.
Just for one sec assume that above date is right. What does "processing completion" of your 485 means? Does that mean your case is pre-adjudicated and waiting for the visa number and you won't get any RFE?
Also, when they are mentioning "April 24, 2007" date , are they ignoring the applicants who are stuck in namecheck process for years? If a person has filed 485 in 2005 or 2006 but stuck in namecheck, how come 485 is completed?
SAP
02-06 09:47 PM
i would say give some peace of mind to your employer first you flirt with him that you will go to labor department. he will pay you and give you want u want with a smile. try it
sap
sap
admin
05-21 10:46 PM
eb3india,
Have you done any kind of research into the two questions that you have raised namely the 245(i) problem and the nurse categories. Please do it and you will find how they came into picture.
A sincere request to all our members. Before demanding a response from the core group, we hope you do more research on your flash thoughts. All the core group members have a full time job and are doing this in our free time apart from work and family. Given that it is crunch time in the Senate, we really don't have the time now to respond to all queries.
Have you done any kind of research into the two questions that you have raised namely the 245(i) problem and the nurse categories. Please do it and you will find how they came into picture.
A sincere request to all our members. Before demanding a response from the core group, we hope you do more research on your flash thoughts. All the core group members have a full time job and are doing this in our free time apart from work and family. Given that it is crunch time in the Senate, we really don't have the time now to respond to all queries.
No comments:
Post a Comment