a_yaja
09-14 01:17 PM
bc_rp,
Thanks for your reply.
For some reason even I just received the LC approval, the company attorney mention that the visa number is not available yet so that he can apply for I-140 and I-485 together. As I understand the visa number is the PD?
Also what you mentioned is that there is no point of apply for I-140 now to port the PD to a new filing case because the PD is always current? Is that when you meant.
Thanks
Are you sure that you are EB2 and not EB3? EB3 is not current for ROW (which is your chargeability). If you are EB2, then I am not sure why your attorney did not file I-140 & I-485 together (but since you mentioned you used premium processing - maybe you cannot apply for I-485 till I-140 is approved - I am not sure - just guessing here).
You really do not need to worry about PD porting if your new I-140 is going to be applied under EB2 category. EB2 is current for ROW. You can take a look at the link provided by bc_rp.
Thanks for your reply.
For some reason even I just received the LC approval, the company attorney mention that the visa number is not available yet so that he can apply for I-140 and I-485 together. As I understand the visa number is the PD?
Also what you mentioned is that there is no point of apply for I-140 now to port the PD to a new filing case because the PD is always current? Is that when you meant.
Thanks
Are you sure that you are EB2 and not EB3? EB3 is not current for ROW (which is your chargeability). If you are EB2, then I am not sure why your attorney did not file I-140 & I-485 together (but since you mentioned you used premium processing - maybe you cannot apply for I-485 till I-140 is approved - I am not sure - just guessing here).
You really do not need to worry about PD porting if your new I-140 is going to be applied under EB2 category. EB2 is current for ROW. You can take a look at the link provided by bc_rp.
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diptam
02-18 05:36 PM
Look, the law is that the H1B employer must pay the promised LCA to the employee where he/she is in Project or out of Project or playing or vacationing or training .... As long as the employer doesn't terminate the employment they are supposed to pay the minimum wage.
If they don't pay and neither terminate - its a illegal thing. I completely understand what you are asking :)
when a person is on H1B and out of project and no paystubs, Will there be any issue with 485 processing.
If they don't pay and neither terminate - its a illegal thing. I completely understand what you are asking :)
when a person is on H1B and out of project and no paystubs, Will there be any issue with 485 processing.
number30
09-23 02:29 PM
If she has valid H4 stamping go to Canada and comeback. She can apply as H4. Even illegals are going to schools without any issues. If you stay legally you have to go through all these issues. Which University is this?
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amsgc
07-07 09:50 PM
Very good, shabaash!!
Because of A. Holes like you, H1B visa holders get a bad name. And look at your gall, you are publicly announcing an intent to commit deciet.
IV Core and company: Please remove this thread - we do not want to provide more fodder to anti-immigrants.
And as for you moron, yes, you will get into trouble if you think you can dick around with govt. agencies.
Grow up!!!!!!!!
Hi,
I will be applying for LC in a few days. So, I want to clarify something.
My ad says MS + 1 yr of experience.
Question 1: My 1 yr will be prior to my MS so can i use this experience ?
Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?
He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.
But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.
What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !
In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)
Because of A. Holes like you, H1B visa holders get a bad name. And look at your gall, you are publicly announcing an intent to commit deciet.
IV Core and company: Please remove this thread - we do not want to provide more fodder to anti-immigrants.
And as for you moron, yes, you will get into trouble if you think you can dick around with govt. agencies.
Grow up!!!!!!!!
Hi,
I will be applying for LC in a few days. So, I want to clarify something.
My ad says MS + 1 yr of experience.
Question 1: My 1 yr will be prior to my MS so can i use this experience ?
Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?
He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.
But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.
What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !
In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)
more...
gcisadawg
03-09 07:21 PM
My 140 was filed in Nov 2006. I had to wait 2 full years before my case got approved in Nov 2008.
My lawyer did not even open a service request. She was against infopass too. Her reason was that these would work for any other case except 140.
Based on my experience, I would recommend the following:
1. Ask your lawyer to go through AILA. This is the most preferred way and should work in 99% of the cases (This is what worked for me though it took a lot of time)
2. If option 1 does not work, try to go through your local congressman.
Hope this helps. All the best.
My lawyers filed a Service Request and I contacted the local congressman for my Pending I-140 at TSC. Should I be worried since those actions would jeopardize my case?
-G
My lawyer did not even open a service request. She was against infopass too. Her reason was that these would work for any other case except 140.
Based on my experience, I would recommend the following:
1. Ask your lawyer to go through AILA. This is the most preferred way and should work in 99% of the cases (This is what worked for me though it took a lot of time)
2. If option 1 does not work, try to go through your local congressman.
Hope this helps. All the best.
My lawyers filed a Service Request and I contacted the local congressman for my Pending I-140 at TSC. Should I be worried since those actions would jeopardize my case?
-G
krishna_2001
01-13 07:19 PM
Hi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.
1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??
Your help is really appreicated to come out of the situation
1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??
Your help is really appreicated to come out of the situation
more...
dealsnet
08-14 01:05 PM
It is pure luck. It depends on where your file in the USCIS rack. They will take easy accessible file for approval. No specific criterea. Only thing is your PD must current. They will approve 2006 when 2001 PD still on their shelf.
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Provided that everything is approved(I-140, Name check etc) Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Provided that everything is approved(I-140, Name check etc) Am I missing something here? :confused::confused:
People may post their answers, proving that I am wrong.
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ThinkTwice
07-11 06:05 PM
Franklin,
Please post once we have enough volunteers for the calls
Thank you - I've just sent you a pm
Please post once we have enough volunteers for the calls
Thank you - I've just sent you a pm
more...
gcformeornot
07-26 03:43 PM
I think there is no truth to this. Can anyone point to a link to verify?
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MeraNaamJoker
09-16 04:50 PM
Having stated the above which pretains only to those cases which are still in process.
For those who have their GC in their hand, the situation could be slightly different.
If you do not join the company, it is considered as SHAM EMPLOYMENT.
I am also in the same boat and I checked with a leading lawyer, According to her advice it is better to wait for 6 months or atleast couple of months before changing the employer.
GCProbs has an advantage here, since the Company A is about to be shut down wait till then. Obtain details about it and keep it with you. Just in the event of a question, you can answer.
By the way, I have decided to join another company after 2 months.
Jumping the boat immediately might cause trouble.
So please be patient and give it as much as time as possible. I will say at least 2-3 months.
For those who have their GC in their hand, the situation could be slightly different.
If you do not join the company, it is considered as SHAM EMPLOYMENT.
I am also in the same boat and I checked with a leading lawyer, According to her advice it is better to wait for 6 months or atleast couple of months before changing the employer.
GCProbs has an advantage here, since the Company A is about to be shut down wait till then. Obtain details about it and keep it with you. Just in the event of a question, you can answer.
By the way, I have decided to join another company after 2 months.
Jumping the boat immediately might cause trouble.
So please be patient and give it as much as time as possible. I will say at least 2-3 months.
more...
techskill
08-10 05:44 PM
There is an Indian guy who applied on June 1st and got approved.
http://immigrationvoice.org/forum/showpost.php?p=143709&postcount=2169
http://immigrationvoice.org/forum/showpost.php?p=144063&postcount=2195
But the OP's approval doesn't make sense
But that was Oct 2002 PD, so he was eligible to file
http://immigrationvoice.org/forum/showpost.php?p=143709&postcount=2169
http://immigrationvoice.org/forum/showpost.php?p=144063&postcount=2195
But the OP's approval doesn't make sense
But that was Oct 2002 PD, so he was eligible to file
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abuddyz
02-01 08:58 AM
i know one person who had applied for H1 from 2 different employes and both his H1 got approved.. he was coming to US on H1 first time.. he went for visa stamping for one employer and got successfully.. he is in US right now and came before few weeks.. (note that he did have prior H1 and visa stamp but he never came to US on that H1.. he did come to US once but on B1 visa..)
more...
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kaisersose
07-24 03:07 PM
ashkam - Thanks alot for the info....my case is "If your job (description, location and salary) remains same or similar under the new company"...still i don't understand why my attorney says to start all over again.
I feel like packing up and go back home ...this country's immi system is all messed up...not sure i can mentally handle it anymore :(
Spend $200 dollars for a 15 min conversation with any of the top attorneys. Your confusion will be laid to rest.
Just send your questions and all required details to them ahead of time and also write down all possible follow up questions for yourself so that both parties are prepared before the call.
If they say you have to start afresh, then you can consider packing your bags. Good luck!
I feel like packing up and go back home ...this country's immi system is all messed up...not sure i can mentally handle it anymore :(
Spend $200 dollars for a 15 min conversation with any of the top attorneys. Your confusion will be laid to rest.
Just send your questions and all required details to them ahead of time and also write down all possible follow up questions for yourself so that both parties are prepared before the call.
If they say you have to start afresh, then you can consider packing your bags. Good luck!
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austingc
08-18 02:31 PM
What do you guys think about Jadoo TV? I heard that it's good and no monthly fees.
Is anyone using it?
Is anyone using it?
more...
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Leo07
05-14 01:18 PM
^^^^^^^^^^^
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davehoover
06-27 08:41 AM
If you have your I 140 approved already. A# will appear on the approval notice.
more...
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gc28262
03-11 09:28 AM
I had the same issue. Still awaiting my AP which was applied in Nov 2008.
When I called up TSC where my application was filed, they kept insisting that they have really mailed it and they cannot issue it again unless they receive the AP saying it is undelivered.
I am sure my address is correct as per their records. I got my EAD delivered at the same address without any issue.
Finally I called them again, this time I talked to a more knowledgeable accommodating IO.
Keep calling the service center till you get an instruction similar to the following.
This is the instruction provided
----------------------------------------------------------
Fill out I-131 Application or use the copy of your original application
attach two photos
Mention the receipt no on the top of the form
Also mention REPLACEMENT : no Fees included
Add a covering letter explaining the situation
Post it to the following address
USCIS Texas Service Center
ADDRESS ( This is a special address, This not the standard USCIS address)
On Lower Left corner of the envelope mention:
do Not open in the mail room, No fees are attached
------------------------------------------------------------------
I am still awaiting my AP after doing this. :confused:
When I called up TSC where my application was filed, they kept insisting that they have really mailed it and they cannot issue it again unless they receive the AP saying it is undelivered.
I am sure my address is correct as per their records. I got my EAD delivered at the same address without any issue.
Finally I called them again, this time I talked to a more knowledgeable accommodating IO.
Keep calling the service center till you get an instruction similar to the following.
This is the instruction provided
----------------------------------------------------------
Fill out I-131 Application or use the copy of your original application
attach two photos
Mention the receipt no on the top of the form
Also mention REPLACEMENT : no Fees included
Add a covering letter explaining the situation
Post it to the following address
USCIS Texas Service Center
ADDRESS ( This is a special address, This not the standard USCIS address)
On Lower Left corner of the envelope mention:
do Not open in the mail room, No fees are attached
------------------------------------------------------------------
I am still awaiting my AP after doing this. :confused:
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NNReddy
08-26 02:30 PM
My friend's wife got a job. company didn't ask for ead card so far. she filed the employment applicaiton where they asked her if she is a citizen or green card, she filled everything correct, they made an offer and did the background check, she is supposed to start in 2 weeks.
Question, does she need to disclose about EAD now or wait until start give the information while filling I-9 Form. Does employeer right to not hire people on EAD?
Please clarify.
Question, does she need to disclose about EAD now or wait until start give the information while filling I-9 Form. Does employeer right to not hire people on EAD?
Please clarify.
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crazydesi
09-03 07:36 PM
AILA is collecting information in an effort to work with USCIS to identify adjustment of status applications that may be approvable as of October 1, 2008, when new visa numbers become available. The focus of this effort is those adjustment of status cases, which are approvable under the February 4, 2008, security check memo by Michael Aytes. (See http://www.aila.org/content/default.aspx?docid=24522)
This information is being gathered for liaison purposes only in an attempt to identify and improve processing of cases covered by the February Aytes memo, and though the information will be provided to the USCIS for analysis, neither the AILA-USCIS Liaison Committee nor the USCIS will be contacting the attorney of record or the parties in direct response to information provided.
If your client has an adjustment of status pending over one year and is currently subject to a backlog but was current under the June 2008 Visa Bulletin, we would like to hear from you. Please fill out the following survey.
------------------------------------------
http://aila.org/RecentPosting/RecentPostingList.aspx
This information is being gathered for liaison purposes only in an attempt to identify and improve processing of cases covered by the February Aytes memo, and though the information will be provided to the USCIS for analysis, neither the AILA-USCIS Liaison Committee nor the USCIS will be contacting the attorney of record or the parties in direct response to information provided.
If your client has an adjustment of status pending over one year and is currently subject to a backlog but was current under the June 2008 Visa Bulletin, we would like to hear from you. Please fill out the following survey.
------------------------------------------
http://aila.org/RecentPosting/RecentPostingList.aspx
gcwait2007
02-17 01:54 PM
Please find enclosed herewith URL:
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
which is relevant to your situation.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
which is relevant to your situation.
vdlrao
04-08 02:25 PM
http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf
Employment preferences, including principals and their dependents, represented 15 percent of the total LPR flow in 2007, up from 13 percent in 2006. The LPR flow for employment preferences increased 2 percent from 159,081 in 2006 to 162,176 in 2007, but was below the record of 246,877 set in 2005. The large num-ber of LPRs in the employment preferences in 2005 was primarily due to the American Competitiveness in the 21 Century Act of st2000 (AC21). This Act resulted in the recapture of 130,107 unused employment-based visa numbers from 1999 and 2000 to be made available to first, second, and third preference employment-based immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005, none were used in 2006, and 7,312 were used in 2007. In addition, provisions of the REAL ID Act of 2005 resulted in the recapture of 50,000 unused employment-based visas from 2001 to 2004, of which 11,950 were used in 2005, 33,335 were used in 2006, and 4,743 were used in 2007.
Employment preferences, including principals and their dependents, represented 15 percent of the total LPR flow in 2007, up from 13 percent in 2006. The LPR flow for employment preferences increased 2 percent from 159,081 in 2006 to 162,176 in 2007, but was below the record of 246,877 set in 2005. The large num-ber of LPRs in the employment preferences in 2005 was primarily due to the American Competitiveness in the 21 Century Act of st2000 (AC21). This Act resulted in the recapture of 130,107 unused employment-based visa numbers from 1999 and 2000 to be made available to first, second, and third preference employment-based immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005, none were used in 2006, and 7,312 were used in 2007. In addition, provisions of the REAL ID Act of 2005 resulted in the recapture of 50,000 unused employment-based visas from 2001 to 2004, of which 11,950 were used in 2005, 33,335 were used in 2006, and 4,743 were used in 2007.
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