gc_chahiye
11-27 04:12 PM
Hello GC_Chaiye,
Thanks for your reply. The consulting firm is saying that they have sent it to DOL before July 15 and are waiting for the reply for the Substitution( I really doubt the legality of that statement). In case if there is a provision then How can we check the status of it?
MY friend has to bear the expenditure for the I140. He just came back to US after 5 months and would like to know weather he can spend 1500$ on this unrealistic Labor.
thank you
I dont think you can check LC status on your own by just calling up DOL, the petitioner (the employer) or their representative can. See if they'll atleast give you a case number that you can try your luck with.
Atleast with PERM you typically need to sign the LC and send it alongwith the I-140 application. Ask for a copy of the approved LC. Also, ask if they are ok with you using your own attorney for this (its worth the expense).
Thanks for your reply. The consulting firm is saying that they have sent it to DOL before July 15 and are waiting for the reply for the Substitution( I really doubt the legality of that statement). In case if there is a provision then How can we check the status of it?
MY friend has to bear the expenditure for the I140. He just came back to US after 5 months and would like to know weather he can spend 1500$ on this unrealistic Labor.
thank you
I dont think you can check LC status on your own by just calling up DOL, the petitioner (the employer) or their representative can. See if they'll atleast give you a case number that you can try your luck with.
Atleast with PERM you typically need to sign the LC and send it alongwith the I-140 application. Ask for a copy of the approved LC. Also, ask if they are ok with you using your own attorney for this (its worth the expense).
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Kodi
06-03 09:16 AM
How does it work?
According to the list an Accountant position requires a STEM discipline in Computer Science.
So an MS in Computer Science falls under STEM but an MS in Accounting does not?
Could some please verify this?
According to the list an Accountant position requires a STEM discipline in Computer Science.
So an MS in Computer Science falls under STEM but an MS in Accounting does not?
Could some please verify this?
walking_dude
12-12 04:12 PM
I'm not surprised if there are Eb2 prior to 2000. Almost every employer substituted every LC they could subsitute just before the deadline to end Substitution. Some estimates put it at 175,000. So I'm not surprised it there are hidden Eb2s who have PDs prior to 2000 !
Of course, none of them will come here and claim it !
Of course, none of them will come here and claim it !
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Madhuri
05-04 11:34 AM
I know one of my friend who applied 3 different LCs thr' different employers and he finally applied thr' PERM and got approval. But his all 3 cases are still in pending queue. There might be many others who did this and together it may be quite substantial number. Of course no way to extract this kind of data.
Folks,
I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).
It appears on rough estimates :
2005
EB1 - 4000
EB2 - 26000
EB3 - 39000
2004
EB1 - 5500
EB2 - 32000
Eb3 - 36000
Folks,
I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).
It appears on rough estimates :
2005
EB1 - 4000
EB2 - 26000
EB3 - 39000
2004
EB1 - 5500
EB2 - 32000
Eb3 - 36000
more...
django.stone
01-25 07:49 PM
Last week, Congressman Jason Chaffetz (R-Utah) introduced the Bipartisan Reform of Immigration through Good Enforcement Resolution in the lower house of Congress. According to Congressman Chaffetz, the resolution does three things: � make E-Verify mandatory for all employers, and hold employees accountable as well; � provide sufficient border infrastructure and manpower to secure and control our borders; and, � reject amnesty and any legal status which pardons those here in violation of our laws. At first I thought this was the usual anti-immigrant measure we expect to see from the folks in the Immigration Reform Caucus. But an interview with...
More... (http://blogs.ilw.com/gregsiskind/2010/01/compromises-coming-on-immigration-reform.html)
With democrats in disarray, they would be even afraid of saying the 3 letter word CIR. nothing this year, an election year, so let's start thinking about 2011!. isn't this sad :(
More... (http://blogs.ilw.com/gregsiskind/2010/01/compromises-coming-on-immigration-reform.html)
With democrats in disarray, they would be even afraid of saying the 3 letter word CIR. nothing this year, an election year, so let's start thinking about 2011!. isn't this sad :(
GCHope2011
05-15 11:25 PM
Current Status: H1 (visa stamp expires Sept 2011)
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
Please do confirm with a reliable attorney as some interpretations of the rules indicate that leaving the country while an application is pending for adjudication implies abandonement of the application.
Not sure if it applies in the case of H1 transfer pending case or not... so it is best to check with someone reliable.
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
Please do confirm with a reliable attorney as some interpretations of the rules indicate that leaving the country while an application is pending for adjudication implies abandonement of the application.
Not sure if it applies in the case of H1 transfer pending case or not... so it is best to check with someone reliable.
more...
glus
05-31 09:10 AM
Thank you for contributing!!!!
:D :D :D :D :D :D :D :D :D :D :D :D :D :D :D
:D :D :D :D :D :D :D :D :D :D :D :D :D :D :D
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immi2006
08-08 06:22 PM
I guess N +1 syndrome :-)
And you know this how?:confused:
And you know this how?:confused:
more...
immique
07-03 01:50 AM
H1B transfer pending & going out of US for 3 days.
My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.
I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???
Should I tell that I have joined new employer or should I not?
My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....
I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.
Please help by throwing out your thoughts/past experience/knowledge base in this area.
Thanks
it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.
My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.
I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???
Should I tell that I have joined new employer or should I not?
My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....
I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.
Please help by throwing out your thoughts/past experience/knowledge base in this area.
Thanks
it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.
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virtual55
05-06 10:55 AM
http://www.usabal.com/seminars/#a2
Michael Aytes, is one of the speaker in this conference
Michael Aytes, is one of the speaker in this conference
more...
aarzoo
08-23 06:23 PM
It took almost 3 months to get the approval. Key points:
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.
Hope it helps....Good luck
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.
Hope it helps....Good luck
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surge
02-16 10:38 AM
HI Surge
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.
not really, but close.
i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.
As far as i have understood , if you have filed your I485 before expiry of your I-94 then you are legal in the country and you can use your AP to travel.
not really, but close.
i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.
more...
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vgayalu
01-24 11:42 AM
Dinosys,
Please do not ask to stop working on I 485 filing.
We have a chance to understand that you are mean and selfish.
Please stop your arguments and creating new threads on this issue.
Try to understand the frustation of the guys who complted I 140 and waiting to file I485.
Here in IV Most of the guys are waiting to file I485 . Maximum guys are contributing from the same group.
Asking for greater job flexibility is the goal that IV can reach within this session of the house itself. This is what it should focus upon. This will mean that within a couple of months EB based GC seekers will start getting offers with better salaries and better benefits.[/QUOTE]
Please do not ask to stop working on I 485 filing.
We have a chance to understand that you are mean and selfish.
Please stop your arguments and creating new threads on this issue.
Try to understand the frustation of the guys who complted I 140 and waiting to file I485.
Here in IV Most of the guys are waiting to file I485 . Maximum guys are contributing from the same group.
Asking for greater job flexibility is the goal that IV can reach within this session of the house itself. This is what it should focus upon. This will mean that within a couple of months EB based GC seekers will start getting offers with better salaries and better benefits.[/QUOTE]
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dagabaaj
09-25 10:49 AM
So spouse can just use the EAD card and apply for a job. What does the employing company ask for when hiring?
What if they do not know what an EAD card is?
Also when can the spouse apply for SSN# after getting EAD card. Is the there a time frame within which one has to get the SSN#?
What if they do not know what an EAD card is?
Also when can the spouse apply for SSN# after getting EAD card. Is the there a time frame within which one has to get the SSN#?
more...
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easygoer
02-27 11:41 AM
Very logical answer covering all the related issues
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mirage
07-01 06:17 PM
There are many people who would sign up anything to come to US. When that A company spends 5-6k and bring people here, they disapear in 1 month. Obviously in this case court will go against the employee firstly because there is an underlying bias for the employer as he's a US employer second I personally feel he has all rights to ask for money since he invested in you...
more...
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sanju
03-06 02:44 PM
Which bill? Passed where? More info please.
The greater danger in our lives is not that we set our aim too high and fail, but we set them too low, and still do.
.
The greater danger in our lives is not that we set our aim too high and fail, but we set them too low, and still do.
.
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vegasbaby
06-10 09:50 AM
Hello All,
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
I have a 3 yrs Diploma from BTE - Mumbai & 3 years B.E. from Univ of Mumbai. In Mumbai, you can do 10 + 3yr Dip + 3yr BE OR you can do 12 + 4yr BE. Eventually 16 yrs of education is more important + there is no difference between the degree awarded to you & someone who does a 4 yrs degree.
I have EB3 pending & have currently labor done under EB2 with no issues.
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
I have a 3 yrs Diploma from BTE - Mumbai & 3 years B.E. from Univ of Mumbai. In Mumbai, you can do 10 + 3yr Dip + 3yr BE OR you can do 12 + 4yr BE. Eventually 16 yrs of education is more important + there is no difference between the degree awarded to you & someone who does a 4 yrs degree.
I have EB3 pending & have currently labor done under EB2 with no issues.
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abhijitp
06-21 01:59 AM
In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
VisaVisa
09-10 10:28 AM
the rule states that you have to be present in the country when you apply for AP. It does not say anything on where you need to be when it is approved. There are many cases where the applicant left the US to have the document mailed or taken along with someone to the person out of the US. The applicants on return were not asked anything. It was business as usual.
I agree.
I have also heard that it can be picked up from a consulate. How does that work?
I agree.
I have also heard that it can be picked up from a consulate. How does that work?
krustycat
03-09 07:26 PM
I have a quick question on salary issue with 485. My EB2 I-140 states that my yearly salary 87k per annum. It got approved last year. I realized that my w-2 only reflects 64k for last year. I did not work for 2 months because of some personal reason. Is this less salary going to affect my 485 application? I thougt, GC is for future jobs so its okay. Can somebody please clarify this ?
You will be fine if you company can prove 'ability to pay' (the financial capability to pay the wages being offered for the position).
Adjudicators should make a favorable decision if the case contains proof of one of three specific matters.
the company's net income is equal to or greater than the wage that is offered
the company's current net assets are equal to or greater than the offered wage
the petitioner is employing the beneficiary and paying the beneficiary a wage in an amount equal to the prevailing wage
Point #3 will fail, then your company must prove #1 or #2 in order to be approved.
#2 => net income = taxable income
#3 => net current assets = current assets - current liabilities
You will be fine if you company can prove 'ability to pay' (the financial capability to pay the wages being offered for the position).
Adjudicators should make a favorable decision if the case contains proof of one of three specific matters.
the company's net income is equal to or greater than the wage that is offered
the company's current net assets are equal to or greater than the offered wage
the petitioner is employing the beneficiary and paying the beneficiary a wage in an amount equal to the prevailing wage
Point #3 will fail, then your company must prove #1 or #2 in order to be approved.
#2 => net income = taxable income
#3 => net current assets = current assets - current liabilities
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