ItIsNotFunny
12-03 05:41 PM
I think you should not take this risk. Once you leave the country without AP, the application is considered as revoked as per my reading somewhere. I am trying to find link.
I would like to see lawyer's opinion on this.
I would like to see lawyer's opinion on this.
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smuggymba
09-22 07:43 PM
This is a good bill for people who are already on H1 and EAD ...what's wrong that in bringing the jobs back home ?
Don't worry my friend...H1s, L1s, EAD.....they will go after everyone one by one.
Don't worry my friend...H1s, L1s, EAD.....they will go after everyone one by one.
lord_labaku
12-08 02:17 AM
1. Yes there is shortcut. Join desi software company. You will get forged diplomas.
2/3. Not applicable. Refer 1 above
4. Current job market is great. Obama is going to reverse outsourcing. All software job from India & china will come back to USA. But for china return job you need to know some mandarin. But no certificate needed refer 1. Above
5. I made such a transition recently I was mortgage securities bundler at lehman bros. Now I am successful engineer
6. Salaries start at around 150k per year even in places like north Dakota. But since engineers understand log scale, salaries grow exponentially
Hope this helps
2/3. Not applicable. Refer 1 above
4. Current job market is great. Obama is going to reverse outsourcing. All software job from India & china will come back to USA. But for china return job you need to know some mandarin. But no certificate needed refer 1. Above
5. I made such a transition recently I was mortgage securities bundler at lehman bros. Now I am successful engineer
6. Salaries start at around 150k per year even in places like north Dakota. But since engineers understand log scale, salaries grow exponentially
Hope this helps
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breddy2000
09-18 07:43 AM
I would say, if the intent to migrate is for GC, then the best option is come here as Nurse, as a schedule A worker.
They do get the GC very fast.I know one of my frnd who did this.
He came here to study MBA, then converted to Schedule A nursing job by writing few exams and wait for GC , once you get it then you can do what ever it takes to become a complete practicing doctor in US.
I do not know if any other details apart from this.
They do get the GC very fast.I know one of my frnd who did this.
He came here to study MBA, then converted to Schedule A nursing job by writing few exams and wait for GC , once you get it then you can do what ever it takes to become a complete practicing doctor in US.
I do not know if any other details apart from this.
more...
gc_buddy
01-08 07:36 PM
He can send the I-94 to the nearest consulate by mail and a brief letter with all the details.
My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help
My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help
when
02-29 08:42 AM
How can one find his/her receipt date if they dont have copy of their receipt notice, just the receipt notice?
more...
leoindiano
03-17 10:02 AM
Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved with PD in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
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GCPagla
03-15 10:16 PM
hi,
Thanks for your reply. But how is it possible to get a word to word match in job description in an offer letter? When you get a job the new company words for the offer letter. As your job will be similar you will have common words like "develop", "analyze" "test" etc. But how the whole thing matches word to word. Is it possible to request the new employer to phrase the offer letter as per you LC description? Can they entertain such request?
I would appreciate if anyone who invoked Ac21 can help
Thanks for your reply. But how is it possible to get a word to word match in job description in an offer letter? When you get a job the new company words for the offer letter. As your job will be similar you will have common words like "develop", "analyze" "test" etc. But how the whole thing matches word to word. Is it possible to request the new employer to phrase the offer letter as per you LC description? Can they entertain such request?
I would appreciate if anyone who invoked Ac21 can help
more...
GCPagla
03-16 02:18 PM
Hi,
Thanks for all your replies.
I am trying to catch hold my lawyer. He is attending some conference today and said will be available tomorrow to respond.
So just to sumup all your openion is:
Job title should be same or not? I got 50-50 response on this. Do not know what to say, but kind of thinking may differ.
Job Description on offer letter? should match word to word with LC
Salary? OK as long as it is heigher.
company size? does not matter.
Please let me know if all the above assumptions are correct.
Thanks for all your replies.
I am trying to catch hold my lawyer. He is attending some conference today and said will be available tomorrow to respond.
So just to sumup all your openion is:
Job title should be same or not? I got 50-50 response on this. Do not know what to say, but kind of thinking may differ.
Job Description on offer letter? should match word to word with LC
Salary? OK as long as it is heigher.
company size? does not matter.
Please let me know if all the above assumptions are correct.
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hydboy77
10-07 06:19 PM
Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
more...
dealsboy
07-19 10:27 PM
Trance,
Either you or your wife have to curb the career growth.
As of today EB2 is progressing well. There is a gossip out there that EB2 will be current in a year. If you stay with your current company you will get your Green Card.
If you stay in EB2 you may have to cut the career progression for 2 more years (Assumption - EB2 will be current in a year). If you move to Eb3 then it will be 10 yrs or more.
How sure are you that they will process her Green Card in EB2 or atleast they will file for a GC? If your wife only wants to join a company that processes GC in EB2 then there may be a chance that they will pay your wife less.
Decide on your own.
My personal suggestion.
Do not get into EB3 hell.
Answers
1. Do not take the offer. IMO.
2. Yes
3. No
Note : I am in EB3 and my wife is in health care. She will get her job next year.
Either you or your wife have to curb the career growth.
As of today EB2 is progressing well. There is a gossip out there that EB2 will be current in a year. If you stay with your current company you will get your Green Card.
If you stay in EB2 you may have to cut the career progression for 2 more years (Assumption - EB2 will be current in a year). If you move to Eb3 then it will be 10 yrs or more.
How sure are you that they will process her Green Card in EB2 or atleast they will file for a GC? If your wife only wants to join a company that processes GC in EB2 then there may be a chance that they will pay your wife less.
Decide on your own.
My personal suggestion.
Do not get into EB3 hell.
Answers
1. Do not take the offer. IMO.
2. Yes
3. No
Note : I am in EB3 and my wife is in health care. She will get her job next year.
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espoir
06-21 05:56 AM
As per my understanding, once you have a receipt notice for EAD and/or AP, it will be processed completely. Approval/rejection of EAD/AP is NOT linked with visa number availability. Many are under the misconception that they won't get their EAD and AP if the PD dates move back.
Given the current and anticipated volume, one should expect delays in processing times.
IN the same context, how about EAD.
If I file I-485 and lets say the dates retrogess and my PD is not current, then as mentioned and if an EAD is not yet issued does the EAD issuance and I-485 both are "suspended" till PD becomes current or is it just the I-485...
I guess what I want to ask is that is EAD linked to PD date ?
Given the current and anticipated volume, one should expect delays in processing times.
IN the same context, how about EAD.
If I file I-485 and lets say the dates retrogess and my PD is not current, then as mentioned and if an EAD is not yet issued does the EAD issuance and I-485 both are "suspended" till PD becomes current or is it just the I-485...
I guess what I want to ask is that is EAD linked to PD date ?
more...
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JazzByTheBay
10-10 06:10 AM
Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.
jazz
I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.
jazz
I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.
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desi3933
06-21 12:34 PM
No you will get all the benefits of I-485 filing lik EAD and AP. Only your 485 processing will suspend till your PD are current again.
I agree, but with a little change.
With PD retrogressed, I-485 can be processed, but can not be approved. For example, RFE can be issued, it can be denied for any I-485 for which PD is not current.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
I agree, but with a little change.
With PD retrogressed, I-485 can be processed, but can not be approved. For example, RFE can be issued, it can be denied for any I-485 for which PD is not current.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
-------------------------------------
Permanent Resident since May 2002
more...
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aamchimumbai
09-04 11:46 AM
That means, after the forms signed, you got one year to apply for 485. Once applied, USCIS may request for another medical after 18 months.
This is my understanding....
My main question is:
Comparing two forms there are 4 additional tests recently added in the new I693 form. I needed to know if I can file my I-485 without any issues with the medical completed in May'08 or need to fill out the new form again with new set of medical exams?
I am trying to understand if USCIS will send an RFE because my I693 (may'08) form does not have these 4 additional tests.
This is my understanding....
My main question is:
Comparing two forms there are 4 additional tests recently added in the new I693 form. I needed to know if I can file my I-485 without any issues with the medical completed in May'08 or need to fill out the new form again with new set of medical exams?
I am trying to understand if USCIS will send an RFE because my I693 (may'08) form does not have these 4 additional tests.
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menimmigration
07-19 11:32 AM
BMSI,
My lawyer filed her I-485 on July 16'th and the application was delivered on July 17'th , We got to know about the approval from the USCIS website on July 18'th On July 16'th,17'th atleast till 9:00 PM EST status said My Case is Pending approval
Till now I hav'nt got any physical notice (Lawyers confirmed the same)
My lawyer filed her I-485 on July 16'th and the application was delivered on July 17'th , We got to know about the approval from the USCIS website on July 18'th On July 16'th,17'th atleast till 9:00 PM EST status said My Case is Pending approval
Till now I hav'nt got any physical notice (Lawyers confirmed the same)
more...
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nareshg
10-05 06:01 PM
they responded today to USCIS, nothing much here I guess...
one of the forms had my birth date wrong, so USCIS was asking for the actual birth date.
one of the forms had my birth date wrong, so USCIS was asking for the actual birth date.
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gkaplan
04-21 04:43 PM
Hello
My story is:
I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
Questions are:
1. Can my employer apply for a Perm Cert for me if they want.
2. After getting the perm cert. can my employer file I 140 under EB3 for me?
3. Will I be eligible for premium processing for I 140 application, in 15 days?
4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
a. Then I'll still be working with my current EAD, right?
b. Then what happens after May 2011?
c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
thank you very much
My story is:
I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
Questions are:
1. Can my employer apply for a Perm Cert for me if they want.
2. After getting the perm cert. can my employer file I 140 under EB3 for me?
3. Will I be eligible for premium processing for I 140 application, in 15 days?
4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
a. Then I'll still be working with my current EAD, right?
b. Then what happens after May 2011?
c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
thank you very much
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trs80
03-10 03:46 PM
Hola USIRIT,
Thanks God! My perm was certified in 38 days.
Now we concurrent filed the USCIS forms.
Any update about your case?
Thanks God! My perm was certified in 38 days.
Now we concurrent filed the USCIS forms.
Any update about your case?
ramus
04-27 04:51 PM
Fond this..
http://hagel.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=219529&Month=4&Year=2007
Is this CIR in sanate?
http://hagel.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=219529&Month=4&Year=2007
Is this CIR in sanate?
IV2007
05-11 10:13 AM
Guys,
I found this site where in we can send letters to our senate members or house representatives regarding the issues we face.
http://capwiz.com/aila2/issues/alert/?alertid=9589591
Letter content pre-exists if needed you can change.
Let's inundate senate & other members with what we are facing..
-IV2007
EB2 Labor Pending
I found this site where in we can send letters to our senate members or house representatives regarding the issues we face.
http://capwiz.com/aila2/issues/alert/?alertid=9589591
Letter content pre-exists if needed you can change.
Let's inundate senate & other members with what we are facing..
-IV2007
EB2 Labor Pending
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