gc_kaavaali
06-05 10:52 AM
I think for few people this might be bad news. Some people changed their job without I-140 being approved. Sorry guys...i used AC21 but i have approved I-140.
Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
Form I-140 Petition Must be Approved Prior to a Favorable Determination of a �106(c) AC21 portability request.
On October 18, 2005, USCIS designated Matter of Al Wazzan, A95 253 422 (Jan. 12, 2005) as a USCIS Adopted Decision. This AAO decision established that a petition that is deniable (i.e., not approvable), whether or not the petition is denied 180 days or more after the filing of the adjustment of status application, cannot serve as the basis for approval of adjustment of status to permanent residence under the portability provision of INA � 204(j). An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
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howzatt
07-19 11:51 AM
TB skin test is not mandotory.
I would recommend that you wife gets following tests done and have results ready when you go and see doctor on 15th.
1) Blood test for HIV and RPR(syphilis)
2) Chest XRay
3) Vaccination - MMR, DT(Tetanus booster) and Varicella
if you take the results of tests and proof of vaccination on the day of visit then the medical report can be given same day.
I also recommend that you download form I-693 and I-693A , make few copies, fill up the information like name, A number, date of birth etc and have it ready for the physician to complete the rest of stuff. Make sure you don't sign the form until your doctor signs it. Also don't forget to ask for a copy of the completed for before he seals it.
Hope this helps.
Dont ask me when you get an RFE for your skin test. I believe I read it on these forums that a couple of people were specifically asked about their skin test.
Even the doctors are supposed to give you a skin test and then the x-ray. If you have taken a skin test before, I think you can just take the x-ray now.
Check this link
http://immigrationvoice.org/forum/showthread.php?t=5494&highlight=skin+test
I would recommend that you wife gets following tests done and have results ready when you go and see doctor on 15th.
1) Blood test for HIV and RPR(syphilis)
2) Chest XRay
3) Vaccination - MMR, DT(Tetanus booster) and Varicella
if you take the results of tests and proof of vaccination on the day of visit then the medical report can be given same day.
I also recommend that you download form I-693 and I-693A , make few copies, fill up the information like name, A number, date of birth etc and have it ready for the physician to complete the rest of stuff. Make sure you don't sign the form until your doctor signs it. Also don't forget to ask for a copy of the completed for before he seals it.
Hope this helps.
Dont ask me when you get an RFE for your skin test. I believe I read it on these forums that a couple of people were specifically asked about their skin test.
Even the doctors are supposed to give you a skin test and then the x-ray. If you have taken a skin test before, I think you can just take the x-ray now.
Check this link
http://immigrationvoice.org/forum/showthread.php?t=5494&highlight=skin+test
Ramba
09-27 03:05 PM
It is very simple. The completion of degree occurs only when any one passes all qualifying examinations. Without passing the sublimental exam, you are not qualifed to recive a degree. You latest exam was in 2002. Therefore you completed all qualifying exam only in 2002. Therefore you obtained the degree only in 2002.
Therefore you must produce the 5 year exp certificate after 2002. If not, convert it to EB3.
At this time the best option is request them to convert to EB3. Apply another PERM LC with EB3 and file 140 quickly, in case they deny your request to convert to EB3. Dont give up your H1 and H4 status till 140 get resolved.
Therefore you must produce the 5 year exp certificate after 2002. If not, convert it to EB3.
At this time the best option is request them to convert to EB3. Apply another PERM LC with EB3 and file 140 quickly, in case they deny your request to convert to EB3. Dont give up your H1 and H4 status till 140 get resolved.
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JunRN
08-22 10:25 PM
Labor certifications approved on or after July 16, 2007, will expire 180 days from their date of issue, unless filed prior to expiration with the DHS in support of a Form I-140 immigrant petition for an alien worker.
Not good for those without dual-intent visas (F1, etc).
Not good for those without dual-intent visas (F1, etc).
more...
jonty_11
07-19 02:42 PM
as long as emplyer employee relatioship exists u r OK..
So if u can get a letter (if REF'ed upon) from ur employer(former) that u were on Leave/vacation or whatever, during that period....u should be fine.
Go to USCIS.gov and readup on H1B FAQ and u will see this statement: Dont ask for a link....research.
So if u can get a letter (if REF'ed upon) from ur employer(former) that u were on Leave/vacation or whatever, during that period....u should be fine.
Go to USCIS.gov and readup on H1B FAQ and u will see this statement: Dont ask for a link....research.
chanduv23
09-19 04:15 PM
IV is not a mere website but an Organization. 95%% of IV activities happen as an organization - the website is just an interface. So you may not know what is happening and not properly informed
Juluy reversal was easy - all they had to do was fi a screwup, but changing legislation is not so easy. Companies, Lawyers, everyone have been trying hard to convince law makers to bring in changes to legislation - this effort has been happening for a long time - It is just not one rally that will solve the problem.
To bring i legislative changes some amount of activism also is necessary at times to wake up people.
IV is backed by Lawe Firms and Employers and is the largets grassroots organization for Skilled Immigrants.
A massive mobilization effort is the only way we can see results and the capacity to do that is only in the hands of IV - primarily because of the membership base and efficient leaders, very honest and sincere leaders etc...
In the past alsothe only way changes started happening in legislation is by grassroots movements only.
Yes, to answer your question - we are not sure if issues will be fixed, but then we are making a headway.
There may be more activities and rallies in future, IV follows stuff with strategy.
Yes, you can definitely help IVs cause by being a sincere and honest and dedicated member of IV.
Please support IV to support yourself
Juluy reversal was easy - all they had to do was fi a screwup, but changing legislation is not so easy. Companies, Lawyers, everyone have been trying hard to convince law makers to bring in changes to legislation - this effort has been happening for a long time - It is just not one rally that will solve the problem.
To bring i legislative changes some amount of activism also is necessary at times to wake up people.
IV is backed by Lawe Firms and Employers and is the largets grassroots organization for Skilled Immigrants.
A massive mobilization effort is the only way we can see results and the capacity to do that is only in the hands of IV - primarily because of the membership base and efficient leaders, very honest and sincere leaders etc...
In the past alsothe only way changes started happening in legislation is by grassroots movements only.
Yes, to answer your question - we are not sure if issues will be fixed, but then we are making a headway.
There may be more activities and rallies in future, IV follows stuff with strategy.
Yes, you can definitely help IVs cause by being a sincere and honest and dedicated member of IV.
Please support IV to support yourself
more...
chanduv23
10-10 12:30 PM
Once the dollar touches that low, expect huge salary cuts across the board for the employess of these companies.
I wish they invested in R and D and innovation and products instead of services. Service industry is mainly governed by dealing with cost efficient labor. These companies reach out to IITs IIMs get the best and brightest and dump them into the service sector and start earning on them.
If they changed their business modal and started investing in products and Rand D, it may not give them quick money, but the results will be beneficial on the long run.
I wish they invested in R and D and innovation and products instead of services. Service industry is mainly governed by dealing with cost efficient labor. These companies reach out to IITs IIMs get the best and brightest and dump them into the service sector and start earning on them.
If they changed their business modal and started investing in products and Rand D, it may not give them quick money, but the results will be beneficial on the long run.
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vicky007
12-15 01:01 PM
I read about EB2 flow on one of the forums at immigrationportal.com. I'll try to find the thread and post the url if I can.
About EB2 people filing is only from my personal experience. Every single friend I knew who was in EB3 with PD somewhere mine filed for perm EB2.
Good for all of them.
Its all the more imperative now that USCIS bans labor substitution because its obvious that though applicants have moved on and converted to EB-2 the labors would still be pending and would become available to the sponsor's for substituting someone else.(aka selling in the market).
About EB2 people filing is only from my personal experience. Every single friend I knew who was in EB3 with PD somewhere mine filed for perm EB2.
Good for all of them.
Its all the more imperative now that USCIS bans labor substitution because its obvious that though applicants have moved on and converted to EB-2 the labors would still be pending and would become available to the sponsor's for substituting someone else.(aka selling in the market).
more...
telekinesis
02-11 03:41 PM
Who will be the tie breaker :cowboy:
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dummgelauft
11-02 02:32 PM
I'm getting my bag of M & M's and box of Kleenex tissues ready.
mit Weise sind die Sachen, sollten wir eine gro�e Menge Spiritus bestellen.Frustriert, ver�rgert, hilft dieses. Es regnet stark, und das dach war undicht!!
mit Weise sind die Sachen, sollten wir eine gro�e Menge Spiritus bestellen.Frustriert, ver�rgert, hilft dieses. Es regnet stark, und das dach war undicht!!
more...
BharatPremi
03-24 03:24 PM
http://immigrationvoice.org/forum/showthread.php?t=5482
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gianik
05-25 05:01 PM
Thanks for informative posts. and Thanks specifically for addressing the wages question.
Another Quebec/Ontirio question.
Apart from the French language and referendum threat, are there any other downsides for Montreal? I guess the reason I seem to be fixated is that I think if I am going to make this change I might as well change the life setting to somewhat more European (in terms of architecture and the environment overall) as I am getting tired of American setting some times. So Montreal sounds more European in that sense. I do however, have a wife and kids and not sure if that makes a difference in the choice of destination as oppose to being a single migrant. Any differences in terms of education quality or family friendly policies between Ontario and Quebec?
Thank you
Another Quebec/Ontirio question.
Apart from the French language and referendum threat, are there any other downsides for Montreal? I guess the reason I seem to be fixated is that I think if I am going to make this change I might as well change the life setting to somewhat more European (in terms of architecture and the environment overall) as I am getting tired of American setting some times. So Montreal sounds more European in that sense. I do however, have a wife and kids and not sure if that makes a difference in the choice of destination as oppose to being a single migrant. Any differences in terms of education quality or family friendly policies between Ontario and Quebec?
Thank you
more...
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skp07
10-08 02:07 PM
we saw the status updated this morning atlast. Hopefully will get the card soon in hand.
My wife's EAD renewal was e-filed with a receipt date of june 6 th, almost 120 days, still waiting. Got biometric notice for july 1st and finished it.After 94 days called 1-800 to request expediting the case on sep. 11 th, they sent a RFE asking for I-94 copies and stating biometrics were not transmitted to them and needed information on that, along with enlarged copy of photo ID.
Responded to RFE with a receipt date of sep. 25 th and no updates till day.
Called on 9/3 asnd raised a 2nd SR for expediting. AS her EAD expired on oct.1st and was given 1 week to produce new EAD by oct 10 th by her employer.
WE were hoping for some miracle by monday:confused:
My wife's EAD renewal was e-filed with a receipt date of june 6 th, almost 120 days, still waiting. Got biometric notice for july 1st and finished it.After 94 days called 1-800 to request expediting the case on sep. 11 th, they sent a RFE asking for I-94 copies and stating biometrics were not transmitted to them and needed information on that, along with enlarged copy of photo ID.
Responded to RFE with a receipt date of sep. 25 th and no updates till day.
Called on 9/3 asnd raised a 2nd SR for expediting. AS her EAD expired on oct.1st and was given 1 week to produce new EAD by oct 10 th by her employer.
WE were hoping for some miracle by monday:confused:
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tonyHK12
11-03 09:23 AM
Piece meal is our best/only option for the next 2 years. We have to keep track of the legal bills being introduced and campaign for them. I don't think CIR will make it in lameduck too. Republicans would like to enforce border security and employer, internal monitoring, before any king of path to legal status for illegals.
lets stop this rhetoric on repubs, what about bobby jindal, marco rubio & nick haley and plz don't give explanations to distort the reality, many in the republicans sincerely support legal immigration, tell me few good things dems did to legal immigrants, aint regan the one who gave amnesty to illegals in 80s, aint bush the one who tried more than once to pass CIR, who opposed h1b fee increase recently?
Yes I agree, we should be neutral on party as an organization. Also the enhanced H1b, monitoring RFE, etc was introduced due to body shops misusing visas and not paying on bench. Think of it as an extended background check due to the misuse.
I feel republicans would sincerely welcome qualified immigrants. Some of their views on protecting the border have been distorted out of propotion due to politics.
What we need to do is enhance our reputation with both Republicans and Democrats and get them to help us.
lets stop this rhetoric on repubs, what about bobby jindal, marco rubio & nick haley and plz don't give explanations to distort the reality, many in the republicans sincerely support legal immigration, tell me few good things dems did to legal immigrants, aint regan the one who gave amnesty to illegals in 80s, aint bush the one who tried more than once to pass CIR, who opposed h1b fee increase recently?
Yes I agree, we should be neutral on party as an organization. Also the enhanced H1b, monitoring RFE, etc was introduced due to body shops misusing visas and not paying on bench. Think of it as an extended background check due to the misuse.
I feel republicans would sincerely welcome qualified immigrants. Some of their views on protecting the border have been distorted out of propotion due to politics.
What we need to do is enhance our reputation with both Republicans and Democrats and get them to help us.
more...
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calif
12-04 01:17 PM
was it EB2 or EB3?
My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.
My EB2 was rejected initially but later approved due to Sheila's evalaution of my CA degree equivalent to master's degree. I did not know her but my lawyer insisted to get it done through her. She was good for me.
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mhtanim
12-03 08:29 PM
Hi Guys,
Applied 485 on Aug 15th got our FP notices friday scheduled on Dec 20th
Thanks,
Kris
Did you file a Service Request for FP Notice?
Applied 485 on Aug 15th got our FP notices friday scheduled on Dec 20th
Thanks,
Kris
Did you file a Service Request for FP Notice?
more...
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GCInThisLife
07-19 04:00 PM
If it is of any consolation, though not required, I did submit employment letter along with her I485 from my wife's company which states her current salary and that employer is willing to provide employment till her H1B approval expires.
It means, if at all they have any doubts, they may issue RFE, but if you have a good relationship in responding to those RFEs using company letters etc, there is no problem. Good relation means, employer has to suppprt you always in case of any RFE, thats it. He needs stand on your side. Then there is no problem. But if he won't stand on your side, then it is a problem. So, thats why relation with employer is very important when on H1 or EB.
It means, if at all they have any doubts, they may issue RFE, but if you have a good relationship in responding to those RFEs using company letters etc, there is no problem. Good relation means, employer has to suppprt you always in case of any RFE, thats it. He needs stand on your side. Then there is no problem. But if he won't stand on your side, then it is a problem. So, thats why relation with employer is very important when on H1 or EB.
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GCInThisLife
07-19 01:56 PM
I think desi3933 is correct. It is the employees responsibility to maintain the status and all the employee can do is to sue the employer for the pay. Even I am not sure about 30 day rule, but employee should be getting payed on H1B. Also it may only be necessary to prove the legal status since the last entry.
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qualified_trash
05-26 10:02 AM
Jaime,
It is easier for you to go to India if your company sends you there on an expat assignment. As the pool of available labor is very high, it is IMHO very difficult for you to go independently. You can also try to google for agencies that recruit people for specific skills etc that maybe in short supply in your specific industry. I am not sure what your skills are (IT, Sales, Marketing or Engineering etc). More information would let people give you better pointers.
It is easier for you to go to India if your company sends you there on an expat assignment. As the pool of available labor is very high, it is IMHO very difficult for you to go independently. You can also try to google for agencies that recruit people for specific skills etc that maybe in short supply in your specific industry. I am not sure what your skills are (IT, Sales, Marketing or Engineering etc). More information would let people give you better pointers.
raj2007
02-19 12:18 PM
Wellwin I am totally agree with your points and whatever you have mentioned in your message is appreciable.
like_watching_paint_dry your points are valid but try to see from the other side I mean think if would have chosen for CP instead of 485.
Please don't hink that CP filers are not contributing in any efforts of immigration voice, I have also sent letters to president for this latest campaign although there was no point mentioned for CP. I know that we can win this battle together.
In short I just want to say that it would be good if we all work together please do consider the CP filers as part of this community.
Thanks
Hi TInku,
I got my GC thru CP only and I think you were aware about the fact that CP files will not able to get EAD. There are risk and rewards with every action.
Frankly I donot think anything is going to happen in election year regarding immigration. If anything happen it will be next year depending on situation.
like_watching_paint_dry your points are valid but try to see from the other side I mean think if would have chosen for CP instead of 485.
Please don't hink that CP filers are not contributing in any efforts of immigration voice, I have also sent letters to president for this latest campaign although there was no point mentioned for CP. I know that we can win this battle together.
In short I just want to say that it would be good if we all work together please do consider the CP filers as part of this community.
Thanks
Hi TInku,
I got my GC thru CP only and I think you were aware about the fact that CP files will not able to get EAD. There are risk and rewards with every action.
Frankly I donot think anything is going to happen in election year regarding immigration. If anything happen it will be next year depending on situation.
kumar1
08-24 10:35 AM
Yes you may.
Gurus...
I am in a similar situation and have a very simple question. Can I port from EB3 to EB2, while on EAD? I do not have a valid H1. AFAIK porting needs re-filing a labor application, hence the confusion.
Thanks!
Gurus...
I am in a similar situation and have a very simple question. Can I port from EB3 to EB2, while on EAD? I do not have a valid H1. AFAIK porting needs re-filing a labor application, hence the confusion.
Thanks!
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