seetheavatar
09-22 10:22 AM
Yes we got the card after a month.
It went to a place where we never lived not sure how it went there.
Anyway we didnt get the notices yet.
Just the card.
I'm in a similar situation and I opened an SR today. Did you see any movement?
Thanks,
It went to a place where we never lived not sure how it went there.
Anyway we didnt get the notices yet.
Just the card.
I'm in a similar situation and I opened an SR today. Did you see any movement?
Thanks,
smsthss
11-16 09:49 AM
If anyone has more info on this, please respond. Thanks.
cvk90
07-05 05:19 PM
I've been contributing to Social security and everything...could other share their experiences ?
jonty_11
02-05 02:27 PM
This is NOT labor substitution - but another proposed rule that would invalidate any labor certs taht were not followed up with a I-140 within 45 days.
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
more...
simple1
10-07 04:03 PM
you can be legally self employed/direct-contractor/consultant (fulltime, same or similar with earnings >= the one in perm) in EAD after Ac21.
Before jumping in, Talk to good attorney to find out the a2p and evl processes for self employed after ac21.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
Before jumping in, Talk to good attorney to find out the a2p and evl processes for self employed after ac21.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
"same or similar" occupational classification as the job for which the original I-140 petition was filed.
Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
through an RFE to the adjustment applicant for relevant information about these issues. Third, as
with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
hebron
06-22 01:39 PM
Hi,
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
Hi Sunil,
I have also been thinking about converting from EB3 to EB2 from the same employer. My lawyer says that for this to work the job descriptions ( for EB3 and EB2) has to be atleast 50% different. And I am not sure I can prove that because my EB3 was applied for "software engineer" and currently I am promoted to "principal software engineer". The DOT and SOC codes for both the jobs are the same. And I also do not have 5 years of experience prior to joining my current employer. So my attorney says that it will be difficult to show the experience that I gained from my current employer for EB2.
I am not sure if my experience helps you or not, but please check with your attorney.
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
Hi Sunil,
I have also been thinking about converting from EB3 to EB2 from the same employer. My lawyer says that for this to work the job descriptions ( for EB3 and EB2) has to be atleast 50% different. And I am not sure I can prove that because my EB3 was applied for "software engineer" and currently I am promoted to "principal software engineer". The DOT and SOC codes for both the jobs are the same. And I also do not have 5 years of experience prior to joining my current employer. So my attorney says that it will be difficult to show the experience that I gained from my current employer for EB2.
I am not sure if my experience helps you or not, but please check with your attorney.
more...
bekugc
07-18 03:08 PM
These are the times when things pple do are either legal or illegal. (its hard to say if its right or wrong)
if govt allowed labor substitution and people used it; then it only goes to say they were oppurtunistic. they dint do anything wrong!
if a company had an idle labor and if Mr X was interested in using it, if its legal, let him use. 1000s entered into win-win situations and got their GCs via this.
:-) why get mad and just blame one person?
if govt allowed labor substitution and people used it; then it only goes to say they were oppurtunistic. they dint do anything wrong!
if a company had an idle labor and if Mr X was interested in using it, if its legal, let him use. 1000s entered into win-win situations and got their GCs via this.
:-) why get mad and just blame one person?
SkilledWorker4GC
08-10 07:32 PM
Count me in.
more...
addsf345
11-19 01:29 PM
The vermont service center says 2 months for h1b extensions, mine has been pending for 75 days, so i called the uscis today and guess what they told me, the processing times have been updated on teh web site but it is very difficult for us to follow them, i would suggest you wait for 90 days and see if there is any change in your online status if not call me back.
Then why do these people keep updating monthly processing dates if they cannot stick to their words.
I believe the processing times are just a gimmick to show progress to press....:mad:
Guess what, CIS @ NSC, TSC looks like never want to cross even the processing dates beyond July 2007. I will be not surprised if they do not cross July 2007 for another year.
Then why do these people keep updating monthly processing dates if they cannot stick to their words.
I believe the processing times are just a gimmick to show progress to press....:mad:
Guess what, CIS @ NSC, TSC looks like never want to cross even the processing dates beyond July 2007. I will be not surprised if they do not cross July 2007 for another year.
yestogc
05-31 05:05 PM
Will Obama fool his foot steps ?
more...
chanduv23
09-14 12:11 PM
Do we want to be known as a bunch of macacas??????
Come on folks, lets get going .......nothing should stop you
Come on folks, lets get going .......nothing should stop you
morchu
05-08 05:39 PM
Medicals expire in 1 yr. Also the requirements might have changed.
Can I ask the doctor to re-send the I-693 form?
Can I ask the doctor to re-send the I-693 form?
more...
menezeswayne
12-11 03:05 PM
Is upgrading to premium actually an upgrade of the existing case or is it just a new application filed under premium?
sangarmool
10-09 01:09 PM
Anyone?
Thanks
Thanks
more...
meridiani.planum
11-06 05:01 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status.
incorrect. Her pending 485 gives her status. She does not need to be on any particular status. And EAD does not give status anyway, its just permission to work while your adjustment of status is pending.
In that case, H1 will be denied because an H1 application while out of status will lead to denial.
incorrect. H1 will be approved if properly filed. The 'extension/change of status' part of h1 may not be allowed if you are out of status (ie. the approval wont have an I-94) and at that point you need to leave teh country and re-enter to active the H1.
To OP: I had asked my lawyer this same question a while back, and he was of the opinion that its likely the H1 extension will come through without an I-94 in this case (ie. USCIS might insist we leave the country and return to activate teh H1). He had not handled such a case so far so was not 100% certain about the I-94 part. The transfer itself is not an issue (you dont need to be in any particular status or even within the country to get the H1 extension filed).
incorrect. Her pending 485 gives her status. She does not need to be on any particular status. And EAD does not give status anyway, its just permission to work while your adjustment of status is pending.
In that case, H1 will be denied because an H1 application while out of status will lead to denial.
incorrect. H1 will be approved if properly filed. The 'extension/change of status' part of h1 may not be allowed if you are out of status (ie. the approval wont have an I-94) and at that point you need to leave teh country and re-enter to active the H1.
To OP: I had asked my lawyer this same question a while back, and he was of the opinion that its likely the H1 extension will come through without an I-94 in this case (ie. USCIS might insist we leave the country and return to activate teh H1). He had not handled such a case so far so was not 100% certain about the I-94 part. The transfer itself is not an issue (you dont need to be in any particular status or even within the country to get the H1 extension filed).
jonty_11
07-17 06:25 PM
thisis actual USCIS RELEASE
now its official from USCIS
http://www.uscis.gov/files/pressrele...ate17Jul07.pdf
now its official from USCIS
http://www.uscis.gov/files/pressrele...ate17Jul07.pdf
more...
morchu
04-23 01:51 AM
NO. It shouldn't create an issue. The key is to "have the guarantee of a same or similar position available for you on permanent basis" at the time of RFE. How many jobs you changed before that is not of a concern.
But t is very important that you act quickly. When you deal with a big employer, the bureaucratic delays can kill weeks quickly, and you will find getting late for your RFE reply.
Contact the employer with "permanent offer" and let them know of the urgency, get in touch with their lawyer, and get the letter framed ASAP. You dont even have to start working with them before sending the letter.
The other option is to get the "employment verification" from your current consulting employer. The only advantage I see here is "probably" time.
Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..
But t is very important that you act quickly. When you deal with a big employer, the bureaucratic delays can kill weeks quickly, and you will find getting late for your RFE reply.
Contact the employer with "permanent offer" and let them know of the urgency, get in touch with their lawyer, and get the letter framed ASAP. You dont even have to start working with them before sending the letter.
The other option is to get the "employment verification" from your current consulting employer. The only advantage I see here is "probably" time.
Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..
whoever
07-20 01:59 PM
hey, so you got h4 by just producing marriage affidavit and not marriage certificate?
tinuverma
10-23 04:36 PM
Hello OP,
Here is what I did. I have mentioned some tips for you to save money:
Fly to Tulsa. There is tonnes of BUS service from Tulsa to Nogales(AZ). It is damn cheap..I think $10.00
They will drop you at the border. Walk to the other side.
YOU DONT NEED VISA TO GO TO MEXICO IF YOU PLAN TO STAY IN NOGALES ONLY.
I did get a visa but was told it is not needed. No one cares...you can simply walk over..no one will check either.
Cab costs anywhere between 7 and 10 to go to USA consulate.
There is a local bus like blue line in delhi that can take you there too. It is not worth it though. Chances are high that you will get your visa the same day. If not, you can rent hotel for anywhere between 30 and 50.
Take cab come back to border. Walk over...do the same immigration process like you would do at any airport.
Someone up there is right..be prepared to face atleast 150 to 200 Mexican H2 or H3 ...workers. This will be the longest part of your journey.
No need to get any mexican currency. They gladly take USD.
To use your cell phone, come to the border..its a regular within 50 states call from there....as soon as you go like 1 mile inside, you loose signals. Then it becomes international call.
Don't drink water there...drink beer.
If you have any other questions or if I missed anything else that you wanna know..feel free to ask: tinuverma@gmail.com
Good luck.
D
Here is what I did. I have mentioned some tips for you to save money:
Fly to Tulsa. There is tonnes of BUS service from Tulsa to Nogales(AZ). It is damn cheap..I think $10.00
They will drop you at the border. Walk to the other side.
YOU DONT NEED VISA TO GO TO MEXICO IF YOU PLAN TO STAY IN NOGALES ONLY.
I did get a visa but was told it is not needed. No one cares...you can simply walk over..no one will check either.
Cab costs anywhere between 7 and 10 to go to USA consulate.
There is a local bus like blue line in delhi that can take you there too. It is not worth it though. Chances are high that you will get your visa the same day. If not, you can rent hotel for anywhere between 30 and 50.
Take cab come back to border. Walk over...do the same immigration process like you would do at any airport.
Someone up there is right..be prepared to face atleast 150 to 200 Mexican H2 or H3 ...workers. This will be the longest part of your journey.
No need to get any mexican currency. They gladly take USD.
To use your cell phone, come to the border..its a regular within 50 states call from there....as soon as you go like 1 mile inside, you loose signals. Then it becomes international call.
Don't drink water there...drink beer.
If you have any other questions or if I missed anything else that you wanna know..feel free to ask: tinuverma@gmail.com
Good luck.
D
gcwait2007
09-30 11:24 AM
FP notice comes along with receipt notices for I-485,765 & 131.
We got our FP notice for 10/19 (Friday) in San Antonio TX center.
==================
LC PD : 02/20/2007 (LC Sub case)
I-140 pending with NSC since 06/29/2007
I-485, 131 & 765 sent to TSC on 08/01/2007, receipts notice dt 09/26/2007
We got our FP notice for 10/19 (Friday) in San Antonio TX center.
==================
LC PD : 02/20/2007 (LC Sub case)
I-140 pending with NSC since 06/29/2007
I-485, 131 & 765 sent to TSC on 08/01/2007, receipts notice dt 09/26/2007
dallasmbs
07-17 05:47 PM
http://www.aila.com/content/default.aspx?docid=22912
