Saturday, June 25, 2011

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  • desi3933
    06-25 11:44 AM
    I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.


    1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?

    2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )

    3. Will I485 as future employment has any problems?

    4. Can I use AC21 after 180 days on my I485 future employment application?

    5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.

    I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.

    1. Apply I485 as future employment (GC Job Offer from Employer A)
    2. Same as #1
    3. No, as long as you have job offer for open future GC job
    4. Yes. AC-21 can be invoked.
    5. Same as #1 seems to be better option

    Not a legal advice
    -----------------------
    desi3933 at gmail.com




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  • summitpointe
    06-13 04:04 PM
    Good job.




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  • bidhanc
    06-08 03:32 PM
    Hi,

    My I-140 was filed in Jan 06 and was cleared by March 06. Not sure if it depends as to where it's being sent to.
    I think mine went to Nebraska.




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  • morchu
    05-14 12:04 PM
    Not true.
    Your H1B status starts from the "start date" shown in the COS/H1B approval notice. If the H1B is approved for this fiscal year, most probably it will be October 1, 2009. So till then you are in L1.

    Also nothing prohibits you from re-entering on a valid L1 visa, but after re-entry you are assumed to be in L1 status. And you might end up filing COS petition one more time.

    Now your question is interesting, because you are re-entering in a period of your L1 validity and I assume H1 is not valid for status till 2009 Oct.

    I am not really sure about all the possible solutions in this situation. The solution I know is, enter using L1 and file another COS (not a full H1 petition, but just a COS, showing already approved H1).

    Answer to OP;s questions are:
    1. Yes
    2. Might abandon the COS (not sure about this). But definitely your H1 is not abandoned.
    3. Not automatic, another COS might be required.
    Questions 4,5,6,7 are irrelavant after you file a COS on re-entry.

    Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.

    Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.


    ______________________
    Not a legal advice.
    US citizen of Indian origin

    .



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  • GCDream
    02-20 08:12 PM
    Here is what I have after analyzing the FLC Data Center MDB files

    >2001 May 8 = 504 Certified Labors
    2002 = 79784 Certified Labors
    2003 = 62912 Certified Labors
    2004 = 43582 Certified Labors

    Total: 186782 Certified Labors
    The above data is for world

    Let's say India is 25% of world and 75% of India is in EB3

    This gives 186782 * 0.25 * 0.75 = 35022 for India from 2001 to 2004

    Since the country of the alien is available for Perm, let's use it for 2005 and 2006

    2005 India = 1350
    2006 India = 22298

    Total for India in 2005 and 2006 = 23648

    Pending in BEC: 111000
    Applying the same formula for India EB3: 111000 * 0.25 * 0.75 = 20812

    Total for India in all years till Dec 2006 = 35022 + 23648 + 20812 = 79482
    Let's say 20% labors are duplicate or deserted. This gives 79482 * 0.80 = 63586

    Total for India in all years till Dec 2006 with Dependents = 63586 * 2.2 = 139889

    Total EB3 visas for India in a year: 140000 * 0.07 * 0.286 = 2802

    Without any Law:
    139889/2802 = 50 Years

    Assuming CIR passes with
    1. Dependents not counted
    2. EB visas increased from 140,000 to 650,000
    3. Per country quota raised to 10%
    4. Exempts advanced degree holders

    Total EB3 India visas per year = 650,000 * 0.1 * 0.286 = 18590

    Total for India in all years till Dec 2006 without dependents: 63586

    Assuming 20% have advanced degree holders = 63586 * 0.2 = 12717

    Total for India in all years till Dec 2006 without dependents and advanced degree holders

    = 63586 - 12717 = 50869

    For India EB3 Priority date to reach Dec 2006 = 50869/18590 = 2.7 Years

    Conclusion

    Without Law: 50 Years :confused:
    With Law: 2.7 Years :D




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  • of a swarm of butterflies


  • lazycis
    04-05 02:24 PM
    I need some help with my situation. I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.

    Can someone please answer my questions? :confused:

    1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?

    2) Should I let USCIS know that I am changing my employment?

    3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer? :rolleyes:

    5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:

    Thanks in advance for you replies.

    1. Yes.
    2. No.
    3. Does not matter
    4. Does not matter unless you are a supervisor over a lot of people
    5. Make more, of course!



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  • Steven-T
    March 15th, 2004, 08:54 AM
    Obviously we all love cameras, how many of you have or are considering getting a camera phone?
    No, I am using a company cheap phone . . . No intension to buy my own phone. But a lot of my friends and relatives got one. This is just like the PDA. It's the fashion.

    When I was in Philips Island watching pengiums in nature, no cameras are allowed. But the guy next to me are using a cell phone pretending talking to his friend, and snapping pictures . . .

    Steven




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  • a Pair of Butterflies


  • rubinop
    04-15 12:39 PM
    No matter what, your employer must maintain the salary that was given to the government when your H-1 was filed. You can't go below that salary. With regards to the LC salary, the company is only required to meet that salary after your I-485 has been approved; so if you aren't meeting the LC salary now, that's fine. Make sure that your salary on your H-1 is still met, though.

    Dear st4rguitar, thank you very much for your answer. I appreciate it.
    So, bottom line, I am going to loose my application for the Labor Certification. He WILL decrease my salary, which, at this point, even though it matches the one I have in my H1-B, will determine the withdrawal of my application, and because my H1-B will expire in September 08, I will have 60 days (I think this is the timeframe) after the expiration to leave the USA. Am I correct st4rguitar? Thanks again and good luck to everybody! We REALLY need it!



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  • Flock of Butterflies Wall


  • jonty_11
    06-18 01:22 PM
    you are lucky if u get one....!!! Dont have ur cake and eat it too!!!

    Justkidding!




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  • FrankZulu
    08-12 04:26 PM
    As my priority date is current I contacted my local congressman's office for help with my I-485. NSC replied back to the office (see reply below) saying my background checks are still on. But the officer at the infopass appointment said my backgrounds checks are complete. I don't know whom to believe.

    Is this some kind of standard reply that USCIS is giving for Congressman's or Senators case status inquiry?

    Good morning XXXXXXXXXXX,
    Re: I-485s <Applicant Name>

    I have conversed with those in charge of these cases.
    The United States Citizenship and Immigration Services (USCIS) is
    committed to adjudicating immigration benefits in a timely, efficient
    manner that ensures public safety and national security.

    Toward that end, USCIS requires extensive background checks for every
    application or petition it adjudicates. While background checks for
    most applications or petitions are completed quickly, a small percentage
    of cases involve unresolved background check issues that result in
    adjudication delays.

    Background checks involve more than just the initial submission of and
    response related to biographical information and fingerprints. When
    checks and/or a review of an administrative record reveal an issue
    potentially impacting an applicant's eligibility for the requested
    immigration benefit, further inquiry is needed. The inquiry may include
    an additional interview and/or the need to contact another agency for
    updates or more comprehensive information. If it is determined that an
    outside agency possesses relevant information about a case, USCIS
    requests such information for review. Upon gathering and assessing all
    available information, USCIS then adjudicates the application as
    expeditiously as possible.

    We have checked into your constituent's case and have been assured that
    the agency is aware of your inquiry, and is monitoring progress related
    to it. However, unresolved issues in your constituent's case require
    thorough review before a decision can be rendered. Unfortunately, we
    cannot speculate as to when this review process will be completed.


    We realize that your constituent may feel frustrated by delays related
    to his or her case. As an agency, we must weigh individual
    inconvenience against the broader concerns of public safety and national
    security.

    We hope this information and assurance are helpful. If we may be of
    assistance in the future, please let us know.

    I hope this information is helpful to you. At this time I am closing the
    inquiry on this matter.

    Thank you,

    <Officer Name>

    Immigration Services Officer

    NSC Congressional Unit

    I have tried multiple sources and following is the response:
    * SR (july 19th): No response Yet
    * IO Inquiry (2nd Level, multiple times): You are pre-adjudicated. Officer will review/in review.
    * Congressmen: I am in the queue to be processed (File will be picked through electronic sweep :confused:).
    * Senator: Background check being conducted. (No written response yet, just was updated on phone by the senators office).
    * InfoPass (3 months back): Your application is pre-adju. and will be approved once visa is available.

    To all who have experienced something similar, how can I confirm if my application is really going through background check??? Or should I give it more time?



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  • admin
    04-03 07:32 AM
    Some of the figures looked a bit too unbelievable so I checked out. A particular one that was hard to believe - in the US Science and Engineering undergraduates is 32% (page 1 of IV report). On checking with the referenced document (Executive summary) at:

    http://darwin.nap.edu/execsumm_pdf/11463.pdf

    Page 12 quotes a figure of 15% for US undergraduates in Science/Engineering.

    IV core members can you please clarify? If it is incorrect then we need to correct the document before some one points out the flaw.

    brb2, Thanks for pointing it out. Actually the figure of 15% makes our case stronger. We will have it changed.




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  • Cute Collection of Butterflies


  • wandmaker
    11-05 09:10 PM
    You dont need to pay the fees, as it is USCIS mistake - Send the new application form with a cover letter, you can send it yourself.

    Now my Lawyer is advising me to include the old fees and a new application with a letter stating motion to refile seeking correction. He is insisting on us to send the fees ($350) again. Any suggestions? Can I send it directly to INS?



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  • clockwork
    05-11 07:42 AM
    Hello All,
    I apologize, if it caused any issue due to posting this message on this thread ( I did not realize the severity of thread name). But, what the heck is poorslumdog response? This is stupidity. If you dont have answer, keep the f**k with you.




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  • jsb
    10-26 11:10 AM
    You guys are great. Guys like you are making this world better place to live. I wish you both good luck.

    I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. ....

    I-140 and I-485 are always for future employment. Current employment only assures that employer has future permanent employment on your GC approval (employment on H1 is supposed to be temporary). There is nothing to stop you from working anywhere (or not working at all) until you get GC, at which time sponsoring employer is obligated to give you a job (for which he got LC and I-140 approved), and you are obligated to work for him. If AOS is not approved within 180 days, AC21 can be applied leaving no obligation to work for sponsoring employer.

    BTW, I-140 is an employer filing. They are expected to pay for it. Since July 07 it is illegal for employers to ask employees to pay immigration related fees (or ask to fill a bond to work for certain period).



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  • b2visahelp
    06-16 01:54 AM
    Thank you so much for all your advice. I will let them know immediately. However, I have one more question. Is it better to apply the visa from a computer in Indonesia compare to I help them apply from my computer in the US or it really doesn't matter? I'm not sure if the embassy tracks IP address or probably has something against it. Just a thought because we're very careful not to mess it up.




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  • pinoyInDC
    06-25 03:12 PM
    The reason for rushing the application is that it could retrogress midway during the month of July. It may seem unlikely but you never know. That's one reason to file it as early as possible.

    But i did not know the attorney would like to file it in June for me. I just wanted to find out if anyone's sent it early and received receipt.


    It doesn't matter if it retrogress midway during the month of July, USCIS must accept ALL otherwise eligible I485s filed by July 31. While Priority Dates could retrogress say in August, USCIS will adjudicate I-485 applications that were filed prior to retrogression only if the individual�s Priority Date is current at the time they review it. For example, if your Priority Date is EB-3 06/01/2006 and the August 2007 Visa Bulletin retrogresses that category�s date to 04/02/2006, USCIS will continue to hold your pending I-485 but will not process it until your 06/01/2006 Priority Date becomes current again. Therefore, one�s Priority Date (the date the Labor Certification Application was filed) will likely again supercede the filing date of the I-485. While it is important to file the I-485 by July 31, it is probable that no advantage will be gained on the basis of one having been filed earlier than another.



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  • maine_gc
    04-20 12:11 PM
    So do i need to go to any International airport that has immigration services or the local USCIS office can help?




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  • admin
    04-02 03:08 PM
    Rajatish,

    Please take a look at our National Interest Fact Sheet.

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=71&Itemid=36




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  • raj1998
    04-13 09:58 AM
    You can take any position anywhere with anyone...H1B is only if you want to work in the US

    You dont have to be physically present in US. One can join a company in US on H1 and work any where else through that employer




    checklaw
    07-13 10:44 AM
    My EAD and AP were receipted on June 9th from TSC. AP got approved, EAD still pending. So I guess these approvals are random.

    Hi Chandu,
    A quick question. Did you file AP for some anticipated travel purposes or lawyer's recommendation to simply keep extending AP also? Asking since am a 485 and EAD self filer and am looking at any recommended requirements.
    BR
    checklaw




    SU1979
    10-09 01:05 PM
    Dude!! Don't even think of applying for AOS now. The dates are not current and you have some issues with your H1-B. Please consult an Attorney immediately!!!!......


    I am from a non-retrogressed country. For me the priority date is always current...both in October and November visa buletin. I understand, there are some issues. Do you know, what can happen at worst case ?



    Thanks



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