americandesi
08-11 05:39 PM
That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.
What you say holds good only if employer A had already paid the proffered wage during those 6 months.
Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.
Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.
isantem
08-05 01:02 PM
EB-3 no longer depend upon your place of Birth.
:confused::eek: this is a new law by president paulinasmith?:D
:confused::eek: this is a new law by president paulinasmith?:D
anu_t
06-17 01:31 AM
I wanted to ask IV if there is anything we are doing for people like me.
After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
So If the bill passes I even can't apply for LC and so force to go back after 6 years.
Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
Are there ANY people left like me?
After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
So If the bill passes I even can't apply for LC and so force to go back after 6 years.
Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
Are there ANY people left like me?
like_watching_paint_dry
09-07 09:59 AM
I'm not sure how much help this would be. But I've noticed in the past that companies in India like Wipro et al apply for H1/L1 for their employees and keep the H1 around. And when the need arises, they send them over on short term work assignments (anywhere from 1 - 18 months).
Ideally for the purpose of meetings etc, they should be using the B visa, especially when they have not sponsored an immigrant petition. But in your case, you have an immigrant intent so I guess a H or L is the way to go. Please consult an attorney as I have no idea about what implications your Canadian pay setup will have over the 'pay prevailing wages during H1B presence' issue.
I dont know much about L1 but yours seems perfectly suited for an L1 and I believe L1 can have immigrant intent too. Any reason you cant go on to L1?
Ideally for the purpose of meetings etc, they should be using the B visa, especially when they have not sponsored an immigrant petition. But in your case, you have an immigrant intent so I guess a H or L is the way to go. Please consult an attorney as I have no idea about what implications your Canadian pay setup will have over the 'pay prevailing wages during H1B presence' issue.
I dont know much about L1 but yours seems perfectly suited for an L1 and I believe L1 can have immigrant intent too. Any reason you cant go on to L1?
more...
krishmunn
05-05 10:03 PM
Just a follow up question:
Now that i have my I-140 approved for over an year now and never filed for 485, does the similar/same job/field apply in case of a job change or can i have a new job responsibility with a new employer and then port my PD based upon the approved 1-140 from previous employer?
You do not need similar job. You can even move from EB3 to EB2. But you will need to start over the whole 9 yards .. have a new PERM from new employer for the new job position, apply a new 140 . during applying 140, you request CIS to allocate you the old PD.
Now that i have my I-140 approved for over an year now and never filed for 485, does the similar/same job/field apply in case of a job change or can i have a new job responsibility with a new employer and then port my PD based upon the approved 1-140 from previous employer?
You do not need similar job. You can even move from EB3 to EB2. But you will need to start over the whole 9 yards .. have a new PERM from new employer for the new job position, apply a new 140 . during applying 140, you request CIS to allocate you the old PD.
ohguy
09-27 08:56 AM
As your applications in pending in the local office. Get the Infopass appointment at the same office sooner if not later.
Thanks for the advice. I appreciate your insight.
I am going all in now.
1. I will call the Customer Service Line tomorrow.
2. I already got the InfoPass for 10/6
3. The letter for my senator is drafted. It will be sent tomorrow.
4. Finally, an email to the Ombudsman has been sent.
Hopefully, there is be some movement.
Thanks for the advice. I appreciate your insight.
I am going all in now.
1. I will call the Customer Service Line tomorrow.
2. I already got the InfoPass for 10/6
3. The letter for my senator is drafted. It will be sent tomorrow.
4. Finally, an email to the Ombudsman has been sent.
Hopefully, there is be some movement.
more...
Milind123
07-26 12:51 PM
spoke to the lawyer and they said they have experience last month of filing a I485 similar to mine at Nebraska and had no issues.
So I guess I will have to trust them and see. She also mentioned 2 yrs is the time for follow to join not 180 days.
Fingers crossed
Good luck! Even if your lawyer is wrong, Nebraska will send the application to its correct destination.
So I guess I will have to trust them and see. She also mentioned 2 yrs is the time for follow to join not 180 days.
Fingers crossed
Good luck! Even if your lawyer is wrong, Nebraska will send the application to its correct destination.
pandu_hawaldar
10-17 02:44 PM
First you should fill up all the forms. (156/157) for you and your spouse, then it will let you go ahead and ask to select a date and then it will ask you to put some email address, where a link will be sent to download forms and sign them. You can click on back button and fill in more than one email id to make sure that you receive the link in one of 'em. 157 is required for certain age upto 55 years.
more...
hitpauler
04-21 12:37 PM
Gurus,
I went to infopass today. Last time when I went infopass in Oct 08, I was told that my namecheck is pending. I wanted to see whether any progress has been made on that,so took an infopass. When I asked the IO about the status of my namecheck, I was told that one namecheck is clear but the other is pending. I specifically asked her to look by my A # as I thought she might be referring to dependants namecheck status. But she replied back stating that there could be multiple namechecks for an individual and it is not unusual for some individuals to have three, four namechecks. And in my case as one of them is clear, they probably will go with cleared one.
Now I am confused. Can there be multiple namechecks initiated at around the same timeframe? I was told both the namechecks were initiated in 07.
I went to infopass today. Last time when I went infopass in Oct 08, I was told that my namecheck is pending. I wanted to see whether any progress has been made on that,so took an infopass. When I asked the IO about the status of my namecheck, I was told that one namecheck is clear but the other is pending. I specifically asked her to look by my A # as I thought she might be referring to dependants namecheck status. But she replied back stating that there could be multiple namechecks for an individual and it is not unusual for some individuals to have three, four namechecks. And in my case as one of them is clear, they probably will go with cleared one.
Now I am confused. Can there be multiple namechecks initiated at around the same timeframe? I was told both the namechecks were initiated in 07.
mysticblue
08-17 01:57 AM
I assume you are on B's payroll and B is paying you with pay stub since you joined them though you are bench. If this is true -
Provide company C with your A approval notice (and any other prior approval notices, if required) and B's H1 transfer receipt notice along with the B's paystub. Apply for premium processing ASAP - Most importantly do not resign until you join Company C.
Thanks for the valuable inputs.
Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.
1. Did you mean that I should resign from B only after getting a transfer receipt from C, or I should resign from B only after getting visa approval from C ?
2. If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?
Provide company C with your A approval notice (and any other prior approval notices, if required) and B's H1 transfer receipt notice along with the B's paystub. Apply for premium processing ASAP - Most importantly do not resign until you join Company C.
Thanks for the valuable inputs.
Applying for premium processing with Company C seems to be best option. However sometimes premium processing takes more than 15 days to get a result. Since Company B has indicated that they will terminate my employment by the end of this month (less than 15 days from now), I may not have the option of resigning from Company B, before getting Company C's approval.
1. Did you mean that I should resign from B only after getting a transfer receipt from C, or I should resign from B only after getting visa approval from C ?
2. If B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?
more...
TO BE OR NO TO BE
05-18 12:14 PM
Great work IV core team! EB immigration will be benefited by the work done by IV core team sooner or later. Keep it up!!
One will wonder that Indian Government will do something as the India and her economy are benefited by EB immigration big time in last decade. In the global economy the overseas workers are the greatest strength India has and as usual they are completely ignoring the problems faced by EB immigrants in the USA.
Just a thought,
One will wonder that Indian Government will do something as the India and her economy are benefited by EB immigration big time in last decade. In the global economy the overseas workers are the greatest strength India has and as usual they are completely ignoring the problems faced by EB immigrants in the USA.
Just a thought,
lskreddy
06-10 07:56 PM
Well, at least someone will benefit out of this.
I hope this is a precursor to something more broader..
I hope this is a precursor to something more broader..
more...
crystal
06-15 03:33 PM
My wife has changed her status from H4 to F1 in last
year. She will be on F1-studies till July mid
of this year. Few weeks back she got her EAD for her
F1-OPT, which will start on Aug 15 of this year.
As I am going to file AOS for her and also EAD, will
she able to work on her OPT-EAD till she gets her
I-485 EAD? Or She need to wait till she gets her
I-485 EAD to work?
As far as I know she need to wait till she gets her EAD of 485.
I sent a mail to lawyer he did not respond yet.
She is going to meet her international advisor on this sometime next week
, but he does not seem to be an expert in this area.
any ideas on this one?
year. She will be on F1-studies till July mid
of this year. Few weeks back she got her EAD for her
F1-OPT, which will start on Aug 15 of this year.
As I am going to file AOS for her and also EAD, will
she able to work on her OPT-EAD till she gets her
I-485 EAD? Or She need to wait till she gets her
I-485 EAD to work?
As far as I know she need to wait till she gets her EAD of 485.
I sent a mail to lawyer he did not respond yet.
She is going to meet her international advisor on this sometime next week
, but he does not seem to be an expert in this area.
any ideas on this one?
srkamath
07-16 05:31 PM
Interesting. My Labor says
14) Education BS,
Years of experience 3
15) Other Special Requirements "MS + 1year" OR "BS + 3 years".
I have a MS. My lawyer says this is a EB3 application. 140 still pending. The receipt however says "Skilled Worker". Any possibility my 140 gets approved as EB2?
It depends on the Minimum Requirement, in your case it seems like it was BS+3, which is less than MS or BS+5 , therefore it will be EB3.
If the job description says, min education is Bachelor's, but Master's is preferred, it is still EB3.
If i recall correctly, the "skilled worker" category is EB3, you can check this on the USCIS website under the Laws & Regulations link.
14) Education BS,
Years of experience 3
15) Other Special Requirements "MS + 1year" OR "BS + 3 years".
I have a MS. My lawyer says this is a EB3 application. 140 still pending. The receipt however says "Skilled Worker". Any possibility my 140 gets approved as EB2?
It depends on the Minimum Requirement, in your case it seems like it was BS+3, which is less than MS or BS+5 , therefore it will be EB3.
If the job description says, min education is Bachelor's, but Master's is preferred, it is still EB3.
If i recall correctly, the "skilled worker" category is EB3, you can check this on the USCIS website under the Laws & Regulations link.
more...
karthikgk
10-19 07:13 PM
Same situation here for my wife, we applied only on 29 Jun and current EAD expiring on 22 Aug. We totally forgot about it. She is working for a very reputed bank in NY. Yesterday she received a call from HR asking if she had applied for EAD renewal. She explained the situation and asked them what to do. This is their reply:"That's not a problem. You can work for 180 days after expiry. Just send me a copy of the receipt notice once you receive it".
I think this essentially means the 245(k). So I went back to read the same top to bottom, and looks like you are allowed to work not exceeding 180 days.
I will update once i get more clarification.
Hello,
Looks like probably me and my wife will end up in a situation with an expired EAD - we did receive a receipt of our renewal application.
What did you guys do? Did you continue working after the EAD expired? Or take a temporary break? Or did u luck out and got ur EAD just in time?
Any help/suggestion/advise is much appreciated - as you may imagine, I am worried sick
I think this essentially means the 245(k). So I went back to read the same top to bottom, and looks like you are allowed to work not exceeding 180 days.
I will update once i get more clarification.
Hello,
Looks like probably me and my wife will end up in a situation with an expired EAD - we did receive a receipt of our renewal application.
What did you guys do? Did you continue working after the EAD expired? Or take a temporary break? Or did u luck out and got ur EAD just in time?
Any help/suggestion/advise is much appreciated - as you may imagine, I am worried sick
gcisadawg
06-22 09:36 AM
3b) But just because you pretend to be engrossed in solving all the these world problems , why will you not vote for CIR . Either you support CIR or you do not . Why will not vote for CIR if there are other issues this year and will vote if you have no issues next year is beyond my understanding .
Dude,
You speak as if there is a CIR on the table and all that is needed is a "yes" or a "no" vote.
You know that that is not the case. There is no CIR yet. Creating one that is acceptable to the majority is the key task. That would take time, effort, resources and ultimately "votes"! At the end of the day, CIR will not reflect the need of the hour. It only reflects the politics of the day!
GCisaDawg
Dude,
You speak as if there is a CIR on the table and all that is needed is a "yes" or a "no" vote.
You know that that is not the case. There is no CIR yet. Creating one that is acceptable to the majority is the key task. That would take time, effort, resources and ultimately "votes"! At the end of the day, CIR will not reflect the need of the hour. It only reflects the politics of the day!
GCisaDawg
more...
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pcjandyala
07-23 10:48 AM
Rayyan,
It's always better to change the name in the passport (contact Passport office/Indian Embessy near by you) reflecting correctly when you have time now Otherwise it's really create problems in future either in GC or traveling to other countries etc.
Please look for procedure on Indian Embessy web site (if you are in USA) otherwise passport website in india.
My 2 cents
Thanks
It's always better to change the name in the passport (contact Passport office/Indian Embessy near by you) reflecting correctly when you have time now Otherwise it's really create problems in future either in GC or traveling to other countries etc.
Please look for procedure on Indian Embessy web site (if you are in USA) otherwise passport website in india.
My 2 cents
Thanks
gcformeornot
04-08 05:47 PM
1). I just mailed (paper filing) I-765 for renewal of EAD. Reason: Last year, because of a tiny/immaterial mistake (in e-filing) my EAD was delayed to close to 120 days..
2) As per filing instructions (feb,2010) I donot think you have any choice/option as to where to file.
Make your own choice, good luck.
are 2 locations based on states where you live.
Dallas and Phoenix.
If you live in:
Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Guam, or the Commonwealth of Northern Mariana Islands.
Mail your application to:
USCIS Phoenix Lockbox
For U.S. Postal Service (USPS) deliveries:
USCIS
PO Box 21281
Phoenix, AZ 85036
For Express mail and courier deliveries:
USCIS
Attn: AOS
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034
Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Oklahoma, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or West Virginia
USCIS Dallas Lockbox
For U.S. Postal Service (USPS) Deliveries:
USCIS
PO Box 660867
Dallas, TX 75266
For Express mail and courier deliveries:
USCIS
Attn: AOS
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067
2) As per filing instructions (feb,2010) I donot think you have any choice/option as to where to file.
Make your own choice, good luck.
are 2 locations based on states where you live.
Dallas and Phoenix.
If you live in:
Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Guam, or the Commonwealth of Northern Mariana Islands.
Mail your application to:
USCIS Phoenix Lockbox
For U.S. Postal Service (USPS) deliveries:
USCIS
PO Box 21281
Phoenix, AZ 85036
For Express mail and courier deliveries:
USCIS
Attn: AOS
1820 E. Skyharbor Circle S
Suite 100
Phoenix, AZ 85034
Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Oklahoma, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or West Virginia
USCIS Dallas Lockbox
For U.S. Postal Service (USPS) Deliveries:
USCIS
PO Box 660867
Dallas, TX 75266
For Express mail and courier deliveries:
USCIS
Attn: AOS
2501 S. State Hwy. 121 Business
Suite 400
Lewisville, TX 75067
asekhon
06-18 11:31 AM
Find a colleague, who can say what you worked on etc. on a plain paper. The colleague, could very well be working somewhere else and doesn't need to be a current employee.
If you can get a letter from your employer saying what dates you worked there, you can attach letter from your colleague with it.
Also, if he is saying point blank...no letters. I hope you have W2 and income statements that you can furnish to prove your employment.
If you can get a letter from your employer saying what dates you worked there, you can attach letter from your colleague with it.
Also, if he is saying point blank...no letters. I hope you have W2 and income statements that you can furnish to prove your employment.
kiran_k02
12-05 05:20 PM
I also got an RFE for photographs. Can I respond with Certified mail? Or should I use FedEx? Can you please tell me how did you send it?
Sorry for not responding to you earlier. You must have already responded by now. Just for the benefit of everybody who wants to respond to their RFEs.
I used priority USPS mail with delivery confirmation. The USPS service agent allayed my fears about delivery confirmation to PO BOX, he said they will scan the BAR CODE on the mail-envelope when they drop it in the PO BOX and it does not require any signature from any USCIS agent. He even said you can request for signature confirmation on PO BOX, I don't know how far he is right on that.
I mailed my photos with the Gold sheet which came along RFE, I mailed on Wednesday Nov 26th, 08, due to Thanksgiving Holiday it reached USCIS Texas Center on Sat Nov 29th, 08. I tracked my mail through USPS website.
My Case status was changed from RFE to Response to RFE received on Wednesday Dec 3rd, 08.
Just for your information, I got RFE on EAD for Identification Document before I received RFE on AP. That time I mailed my documents in ordinary post and I got my EAD in three weeks after RFE response. I don't recommend this approach as you cannot track the package.
Sorry for not responding to you earlier. You must have already responded by now. Just for the benefit of everybody who wants to respond to their RFEs.
I used priority USPS mail with delivery confirmation. The USPS service agent allayed my fears about delivery confirmation to PO BOX, he said they will scan the BAR CODE on the mail-envelope when they drop it in the PO BOX and it does not require any signature from any USCIS agent. He even said you can request for signature confirmation on PO BOX, I don't know how far he is right on that.
I mailed my photos with the Gold sheet which came along RFE, I mailed on Wednesday Nov 26th, 08, due to Thanksgiving Holiday it reached USCIS Texas Center on Sat Nov 29th, 08. I tracked my mail through USPS website.
My Case status was changed from RFE to Response to RFE received on Wednesday Dec 3rd, 08.
Just for your information, I got RFE on EAD for Identification Document before I received RFE on AP. That time I mailed my documents in ordinary post and I got my EAD in three weeks after RFE response. I don't recommend this approach as you cannot track the package.
ragz4u
04-17 01:54 PM
Hi
I am new to this group. I have a question regarding my PERM case.
MY PERM case is pending in DOL from last 10 months. I find this very
unusual.
Anybody heard about such a long pending case?
Are there any suggestion for following up on my PERM case?
Any advise will be useful.
Thanks
-Sahil.
Is there a way someone can call the DOL? I never received any receipt number from my lawyer, but the PERM was evaluated in 60 days!
I am new to this group. I have a question regarding my PERM case.
MY PERM case is pending in DOL from last 10 months. I find this very
unusual.
Anybody heard about such a long pending case?
Are there any suggestion for following up on my PERM case?
Any advise will be useful.
Thanks
-Sahil.
Is there a way someone can call the DOL? I never received any receipt number from my lawyer, but the PERM was evaluated in 60 days!
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