gconmymind
06-02 01:09 PM
If you use your EAD, your wife will need to maintain her own status like L1, H1, F1, etc. There is no dependent status on EAD (like H4 for H1).
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good idea
09-13 07:59 PM
Common guys we need to make some thing better for EB3 folks.
I can feel optimism in your message but the reality is only (better) change (from candidate prospective) in rules can make things better...
I can feel optimism in your message but the reality is only (better) change (from candidate prospective) in rules can make things better...
Steve Mitchell
October 27th, 2003, 10:14 AM
I like the second shot quite a bit. I think that would look fantastic in a large nice frame.
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bigsky
10-17 06:43 PM
I received a letter from BEC and it says
This Notice of Findings is the Department�s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750�s Parts A and B. your case file contains only one set of original ETA750�s. The other set of 750�s in the case file are photocopies. ETA 750�s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750�s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer�s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
This Notice of Findings is the Department�s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750�s Parts A and B. your case file contains only one set of original ETA750�s. The other set of 750�s in the case file are photocopies. ETA 750�s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750�s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer�s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
more...
logiclife
04-02 10:15 AM
Somehow prove that you were undocumented(illegal) before Jan 2004 to claim that benefit.
If you were legally present and have always been legal then the benefit does not apply and you have to wait for your turn in the line for greencard.
If you were legally present and have always been legal then the benefit does not apply and you have to wait for your turn in the line for greencard.
paskal
12-19 03:12 PM
Dear MN members,
Mark you calenders for the teleconference on Tuesday the 26th December at 9pm CST. Details forthcoming. Agenda is open at this time, suggestions are welcome as we finalise. Members from WI/IA/IL/Dakotas are welcome to join in, we can have an upper midwest caucus.
Please indicate your availibility by posting here,
Thanks!
remember the fund raising and add a member camoaign, please join if you have not done so already.
Mark you calenders for the teleconference on Tuesday the 26th December at 9pm CST. Details forthcoming. Agenda is open at this time, suggestions are welcome as we finalise. Members from WI/IA/IL/Dakotas are welcome to join in, we can have an upper midwest caucus.
Please indicate your availibility by posting here,
Thanks!
remember the fund raising and add a member camoaign, please join if you have not done so already.
more...
meridiani.planum
04-01 04:18 AM
Hello Everyone -
I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.
Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other
ur PD is 2006-EB2-India and you were called for an interview? thats odd. the interview typically when the case is close to approval, why are they bothering with your case so soon.. something is not adding up
I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.
Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other
ur PD is 2006-EB2-India and you were called for an interview? thats odd. the interview typically when the case is close to approval, why are they bothering with your case so soon.. something is not adding up
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sanju
02-05 03:58 PM
Cris,
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
I guess, thats what Chris was asking :D
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
I guess, thats what Chris was asking :D
more...
gc_bulgaria
02-23 08:38 PM
If we're forced to see the glass half full, delayed 140 processing may actually be good for some people who are about to be laid off and whose 140 is on shaky grounds. It might just buy'em some more time to switch employers and figure out alternatives.
Maverick_2008
Ummm, how exactly is delayed I 140 good if they are about to be laid off? To be able to use AC21 these guys need need their I 140 approved and have worked for the employer 6 months after receipt date.
I don't see the logic in your statement.
Maverick_2008
Ummm, how exactly is delayed I 140 good if they are about to be laid off? To be able to use AC21 these guys need need their I 140 approved and have worked for the employer 6 months after receipt date.
I don't see the logic in your statement.
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gsc999
02-08 10:33 PM
well i got marriage church, but we didn't got are license yet, because my husband have some problem in court.( he is a citzen) We'll know if he will go to jail or not in march 31.
my question is:
since we don't know if he will or not. I need to know if i can start my paper with the immigration?
because if he goes to jail.. how we will do the interview if he is not here to go?
what i can do??
somebody can help me?:confused:
Hello estrela,
Thanks for posting your message. It seems that you are talking about immigration to USA based on marriage. This may not be the right place for advise regarding that issue.
This forum is dedicated to the plight of high-skilled employment based immigrants.
Please consult an immigration attorney to look into this matter because your question is unclear and you mention court issues and other legal issues. We do not want to give you incorrect advise regarding such crucial issue.
Best of luck
my question is:
since we don't know if he will or not. I need to know if i can start my paper with the immigration?
because if he goes to jail.. how we will do the interview if he is not here to go?
what i can do??
somebody can help me?:confused:
Hello estrela,
Thanks for posting your message. It seems that you are talking about immigration to USA based on marriage. This may not be the right place for advise regarding that issue.
This forum is dedicated to the plight of high-skilled employment based immigrants.
Please consult an immigration attorney to look into this matter because your question is unclear and you mention court issues and other legal issues. We do not want to give you incorrect advise regarding such crucial issue.
Best of luck
more...
bijualex29
08-14 02:54 PM
This is purley an example of Mailroom confusion.
You may be able to resend it clearly explaining the Mail room error.
It is best to avoid this kind of confusion. This Mail room people are not trained well to calculate or think like you and me are thinking.
You might have seen the cashier at walmart. If you buy worth of 20$ and you give 50$. They need calculator to figure it our how much to return.
You may be able to resend it clearly explaining the Mail room error.
It is best to avoid this kind of confusion. This Mail room people are not trained well to calculate or think like you and me are thinking.
You might have seen the cashier at walmart. If you buy worth of 20$ and you give 50$. They need calculator to figure it our how much to return.
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kumar1
12-05 02:04 PM
Mita, before you start your lecture, please explain your following idiotic comment....
You made my day!!!!
I was waiting for someone to spit venom at timesofindia but did not happen till today.
You made my day!!!!
I was waiting for someone to spit venom at timesofindia but did not happen till today.
more...
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spicy_guy
04-26 12:24 PM
we live in Chicagoland. PM me if you would like to talk.
Hi Evildead,
Can you check your PM pls?
Hi Evildead,
Can you check your PM pls?
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parablergh
08-12 08:36 PM
Hi, thanks
Point 2 looks doable..
Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1
It is possible to set the start date further out i.e. 6 weeks. This would just need to be indicated in the underlying LCA and form I-129.
If there is no urgent need for your family to travel to the U.S., I would recommend avoiding the possible hassle involved in having them show up and then rush to file a COS solely on their behalf. Keep in mind that a COS filed for dependents without being filed for the beneficiary (you) cannot be premium processed. Typically these petitions take anywhere from 2-5 months.
If you file for a COS on your own behalf, you can provide your family with a copy of the petition and approval notice establishing that you have received approval for H-1B status. They can then apply at a U.S. Consulate abroad to obtain visa stamps to enter the U.S. Generally people do not run into problems with this as long as they can establish therelationship to the beneficiary (marriage certificate for spouse and birth certificates for children).
If you have any additional questions I would highly recommend speaking to the legal group/team handling your petition as they are the most qualified to deal with your specific issues. Advice solicited via forums can often lead to incorrect and confusing answers.
Point 2 looks doable..
Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1
It is possible to set the start date further out i.e. 6 weeks. This would just need to be indicated in the underlying LCA and form I-129.
If there is no urgent need for your family to travel to the U.S., I would recommend avoiding the possible hassle involved in having them show up and then rush to file a COS solely on their behalf. Keep in mind that a COS filed for dependents without being filed for the beneficiary (you) cannot be premium processed. Typically these petitions take anywhere from 2-5 months.
If you file for a COS on your own behalf, you can provide your family with a copy of the petition and approval notice establishing that you have received approval for H-1B status. They can then apply at a U.S. Consulate abroad to obtain visa stamps to enter the U.S. Generally people do not run into problems with this as long as they can establish therelationship to the beneficiary (marriage certificate for spouse and birth certificates for children).
If you have any additional questions I would highly recommend speaking to the legal group/team handling your petition as they are the most qualified to deal with your specific issues. Advice solicited via forums can often lead to incorrect and confusing answers.
more...
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rb_248
09-08 02:45 PM
Got the cards in the mail. My online case status says the application is still pending.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
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we_can
01-29 04:49 PM
i just noticed your post. i am from portland, oregon. so count me in also. i had posted a message on the orgon state chapter a while ago and have not had a single response yet. Inspite of the large numbers of members in seattle and portland areas, i too am sad to this kind of inactivity and non-response.
members from northwest (oregon, washington and idaho): This state chapter initiative is very important for our efforts. We are doing this for ourselves and I am pretty sure that these efforts will not harm your career or work in anyway. So, please do reply so that we could all get active and show that we in the Northwest can work for our situations and for iv's efforts in our own way.
we_can
members from northwest (oregon, washington and idaho): This state chapter initiative is very important for our efforts. We are doing this for ourselves and I am pretty sure that these efforts will not harm your career or work in anyway. So, please do reply so that we could all get active and show that we in the Northwest can work for our situations and for iv's efforts in our own way.
we_can
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ryan
02-03 04:09 PM
That is correct. Mixing and matching with certifications doesn't work. Although I don't know about CPA, if it goes towards professional degree.
Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
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vinabath
05-15 01:03 PM
What a coincidence.....
1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)
I do not know what to do, I am thinking couple of situations.
I. File 485 with EB3.
Advantages:
Low Salary Requirements,
Generic Job Duties,
Easy to use AC21,
Already approved I-140
Disadvantages:
Possible retrogression,
So more wait before realizing the dream of actual freedom.
II. File 485 with EB2 labor (concurrent filing)
Advantages:
Less chance of retrogression.
Quicker path to GC.
Disadvantages:
I-140 denial chances
Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.
Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.
1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)
I do not know what to do, I am thinking couple of situations.
I. File 485 with EB3.
Advantages:
Low Salary Requirements,
Generic Job Duties,
Easy to use AC21,
Already approved I-140
Disadvantages:
Possible retrogression,
So more wait before realizing the dream of actual freedom.
II. File 485 with EB2 labor (concurrent filing)
Advantages:
Less chance of retrogression.
Quicker path to GC.
Disadvantages:
I-140 denial chances
Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.
Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.
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eastindia
08-20 12:06 PM
Ron says, The USCIS teleconference concerning implementation of PL 111-230 provided the following information:
* The effective date of the new law was August 14, 2010 and all petition submissions postmarked on or after that date are subject to the new tax.
* The new tax only applies to companies that have:
o 50 or more full and part time employees in the US; and
o At least 50% of those employees hold H1B or L status.
* If an employee has an EAD, but is working using an H1B, that employee counts toward the total. If the employee works using his or her EAD, however, the employee does not count.
* The new tax only applies to new H filings (including change of employer filings)
* The new tax DOES NOT apply to extensions or amendments
* The total new tax is $2,000, not the higher amount originally feared
* The CIS confirmed that the additional fee must be paid by the petitioner and not the employee
* Both full and part time employees count toward the 50 employee threshold
* Any L2 employees, working using an EAD, also count toward the total
* The CIS is in the process of developing a new I-129 form to capture information concerning the new fee
* The CSC and VSC are attempting to screen existing cases, with filing postmarks on or after August 14th. For those that are found likely to be subject to the new tax, they will issue RFEs
* DO NOT send checks to the CIS for the additional fee until you receive an RFE.
* New filings by exempt companies should include a signed attestation that they are not subject to the new tax.
* Best practice, use a separate check for the new fee.
* The effective date of the new law was August 14, 2010 and all petition submissions postmarked on or after that date are subject to the new tax.
* The new tax only applies to companies that have:
o 50 or more full and part time employees in the US; and
o At least 50% of those employees hold H1B or L status.
* If an employee has an EAD, but is working using an H1B, that employee counts toward the total. If the employee works using his or her EAD, however, the employee does not count.
* The new tax only applies to new H filings (including change of employer filings)
* The new tax DOES NOT apply to extensions or amendments
* The total new tax is $2,000, not the higher amount originally feared
* The CIS confirmed that the additional fee must be paid by the petitioner and not the employee
* Both full and part time employees count toward the 50 employee threshold
* Any L2 employees, working using an EAD, also count toward the total
* The CIS is in the process of developing a new I-129 form to capture information concerning the new fee
* The CSC and VSC are attempting to screen existing cases, with filing postmarks on or after August 14th. For those that are found likely to be subject to the new tax, they will issue RFEs
* DO NOT send checks to the CIS for the additional fee until you receive an RFE.
* New filings by exempt companies should include a signed attestation that they are not subject to the new tax.
* Best practice, use a separate check for the new fee.
gc_on_demand
10-14 05:56 PM
Sakthisagar & RSM144 many thanks for posting, the spring document has a target date of Oct 2010, I believe there is a chance of this happening sometime with the fee increase, they will have a fee for this. Hope this rule comes into play it is good news for us.
Teddy
Is there any source on any site which gives idea that they are thinking of it. Since we have close to 800 members who joined for filling 485 when date is not current we can ask IV core to make this campaign officially and push for this one. Even we know 800 are not a good strength still it may help if govt is willing
Teddy
Is there any source on any site which gives idea that they are thinking of it. Since we have close to 800 members who joined for filling 485 when date is not current we can ask IV core to make this campaign officially and push for this one. Even we know 800 are not a good strength still it may help if govt is willing
India_USA
06-25 09:52 AM
Colbert, Immigrant Farm Workers Challenge Pundits And Unemployed To 'Take Our Jobs' (http://www.huffingtonpost.com/2010/06/24/colbert-immigrant-farm-wo_n_624875.html?ir=Politics)
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. http://www.takeourjobs.org
In a tongue-in-cheek call for immigration reform, farm workers are teaming up with comedian Stephen Colbert to challenge unemployed Americans: Come on, take our jobs.
Farm workers are tired of being blamed by politicians and anti-immigrant activists for taking work that should go to Americans and dragging down the economy......
So the group is encouraging the unemployed � and any Washington pundits or anti-immigrant activists who want to join them � to apply for the some of thousands of agricultural jobs being posted with state agencies as harvest season begins.
All applicants need to do is fill out an online form under the banner "I want to be a farm worker" at , and experienced field hands will train them and connect them to farms. http://www.takeourjobs.org
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