ashkam
02-25 09:27 AM
I agree with wandmaker. File for a transfer to H4 (form I-539) just so you remain in status and don't have to face uncomfortable questions in the future. The moment you get a new job, you can apply for a new H1B which will not be subject to quota. Some people (http://immigrationvoice.org/forum/showthread.php?p=320180#post320180) even suggest that you can start working immediately after you apply for your new H1 and get the receipt. I don't know if that's true.
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reddymjm
10-20 10:30 AM
I understand your frustration, but its like holding IV responsible for getting your GC - that does not seem right.
Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.
My First donation was in Jan 2006. The latest one was, 100$ for the Washington meet this year. And I had a lot more in between. This will be just on top of it. How is my GC is related to IV. I dont think I am holding anybody responsible for it.
Contributing now is important; and after getting gc's, its equally important to support the people who are still stuck in the process.
My First donation was in Jan 2006. The latest one was, 100$ for the Washington meet this year. And I had a lot more in between. This will be just on top of it. How is my GC is related to IV. I dont think I am holding anybody responsible for it.
thesparky007
05-16 10:34 PM
here is a new one
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googlegc
10-18 02:04 PM
You need the receipt number to track your I140.
You can get your receipt number/notice only from the employer!
Is it possible to track 140 without the receipt notices.
You can get your receipt number/notice only from the employer!
Is it possible to track 140 without the receipt notices.
more...
GreenCardLegion
03-01 05:26 PM
I am in the same boat as you. I landed in Sep 2006 and have valid Canadian PR till Sep 2011. My 3 year expiry is nearing. And I am really confused with my EB3 India 2004 PD in retro. But also I have gotten married and not applied my wife on my Canadian PR at all. So that is another problem. I intend to voluntarily relinquish my Canadian PR status and then re-apply brand new with my wife this year as US H1B and GC process rules with USCIS is getting weirder by the day.
Also you can absolutely without any problem go and stay for next two years (730 days) before your first PR card expires even though you were out of Canada or were never resident there for first 3 years and retain your Canadian PR status. I know it for sure.
Also you can absolutely without any problem go and stay for next two years (730 days) before your first PR card expires even though you were out of Canada or were never resident there for first 3 years and retain your Canadian PR status. I know it for sure.
gc_kaavaali
08-12 02:21 PM
That seems to be true. I had infopass appointment yesterday. IO told me samething. He told me my NC would be cleared by November this year(Because USCIS planned to clear out all NC pending cases for more than one year by that time). God only knows what is happening!!!!
I talked to an IO at TSC couple of days back and she said 180 day rule does not hold yet, it starts only after Feb 09. And that my 485 can only be processes if NC is cleared (yes mine is still pending, wondering why :confused:).
PD Sep 05.
I talked to an IO at TSC couple of days back and she said 180 day rule does not hold yet, it starts only after Feb 09. And that my 485 can only be processes if NC is cleared (yes mine is still pending, wondering why :confused:).
PD Sep 05.
more...
gbof
01-30 11:32 AM
So did you call the USCIS to ask what is going on. What does this actually mean. Is this just another mistake of USCIS.
please, see your PM
please, see your PM
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meridiani.planum
04-22 07:58 PM
You time on EAD will also be counted unless the H1 is cancelled when you start using the EAD.
Here is a situation....
Assuming you are on H1 and have completed 2 years.. And would like to use your EAD.. After using your EAD for one year if you want to come back to H1 - it is possible. - If your employer has cancelled your H1 when you started using the EAD you will have remaining 4 years.. But if he has not cancelled then your time on H1 will continue to be counted along with EAD and you will have only 3 years remaining on the H1.
nope. your H1 status clock automatically ends when you change to EAD. It does not matter if your H1 is officially revoked by the employer.
Here is a situation....
Assuming you are on H1 and have completed 2 years.. And would like to use your EAD.. After using your EAD for one year if you want to come back to H1 - it is possible. - If your employer has cancelled your H1 when you started using the EAD you will have remaining 4 years.. But if he has not cancelled then your time on H1 will continue to be counted along with EAD and you will have only 3 years remaining on the H1.
nope. your H1 status clock automatically ends when you change to EAD. It does not matter if your H1 is officially revoked by the employer.
more...
Administrator2
12-09 11:27 AM
To complicate things further, cloture on 9-11 responders failed by 57-42. Republicans are not willing to let anything go till Tax cuts bill is undertaken.
The breaking news is the House Democrats have decided not to undertake Tax cut bill in the House, meaning the new tax cut deal announced by the President will not hold good anymore.
Its anybody's guess what will happen next. Key leaders from both sides will go behind closed doors to figure out how to make it happen.
Please standby for further updates.
The breaking news is the House Democrats have decided not to undertake Tax cut bill in the House, meaning the new tax cut deal announced by the President will not hold good anymore.
Its anybody's guess what will happen next. Key leaders from both sides will go behind closed doors to figure out how to make it happen.
Please standby for further updates.
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optimist578
04-10 11:47 AM
My EAD is going to expire in 3 months and I am filing for my renewal now. What can be done if you don't get the EAD renewal response before the expiry of the current one ?
I heard somewhere, that if you don't receive the renewal notice within 60 days, then you can approach the local USCIS office and get a temporary EAD card for 90 days.
Anybody knows more ?
Also, generally do folks approach their lawyers for extension filing or they do it themselves?
Thanks,
------------------------
EB3 PD Mar 2003
I-485, AP, EAD filed in July 07
EAD expiring on July 31st 2008.
[I posted this on another thread under "EAD Filing Fees" but it did not show up on the first page- hence reposting it...]
I heard somewhere, that if you don't receive the renewal notice within 60 days, then you can approach the local USCIS office and get a temporary EAD card for 90 days.
Anybody knows more ?
Also, generally do folks approach their lawyers for extension filing or they do it themselves?
Thanks,
------------------------
EB3 PD Mar 2003
I-485, AP, EAD filed in July 07
EAD expiring on July 31st 2008.
[I posted this on another thread under "EAD Filing Fees" but it did not show up on the first page- hence reposting it...]
more...
gcwait2007
10-21 11:50 AM
Our paralegal had advised as follows-
ONLINE CASE STATUS SYSTEM DELAYS
USCIS is experiencing delays of several weeks in entering new information to the online case status system on their public website. Even though a receipt may have been issued in a case, the online system may not accurately reflect the current status of a July Visa Bulletin adjustment case or a related application. The USCIS is reportedly working on the problem, but has not indicated when the information delays will be resolved.
ONLINE CASE STATUS SYSTEM DELAYS
USCIS is experiencing delays of several weeks in entering new information to the online case status system on their public website. Even though a receipt may have been issued in a case, the online system may not accurately reflect the current status of a July Visa Bulletin adjustment case or a related application. The USCIS is reportedly working on the problem, but has not indicated when the information delays will be resolved.
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richardl609
09-28 08:11 AM
hi i got an RFE for ability to pay, my pay was 55K ( it had to be 66K ) last year 2006 on my W2, my RFE asked me on ability to pay where my labor was approved on feb2006, so i had to show that my employer has the ability to pay till date.
So my lawyer, wrote a simple letter to the USCIS, that my current paystubs shoed that my employer is paying me the salary ( i have it on 66K this year 2007 ) also he sent my employers tax records, he has a good profit, and then my 2 recent paystubes & my last years w2
i Just got approved
hope this helps
So my lawyer, wrote a simple letter to the USCIS, that my current paystubs shoed that my employer is paying me the salary ( i have it on 66K this year 2007 ) also he sent my employers tax records, he has a good profit, and then my 2 recent paystubes & my last years w2
i Just got approved
hope this helps
more...
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santb1975
02-14 03:45 PM
I consulted an Immigration Attorney about this last week and she said getting laid off and being unemployed while 485 approval is pending should be ok. She told me that I have to have a Job with similar Job description and the pay mentioned in the Labor Certification by the time my 485 is ready to be approved
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rameshvaid
04-09 04:30 PM
I came to Montreal for H1/H4 stamping for my wife and two sons. My interview date was 3/18 and they told me it will take abt. 10 days and now its almost over 20 days and no news from them. I am EB3-PD 8/03-I-140/EAD Approved. FP also done. Can you pls. let me know if they asked you any questions or you had any comunication with them after your interview? In my case they kept all our passports, Originals of our H1/H4/EAD approvals/Letter from the employer also.
I had also done the stamping from Toronto in 2005 without any problem. Is this a PIMS related issue?
ramesh
I had also done the stamping from Toronto in 2005 without any problem. Is this a PIMS related issue?
ramesh
more...
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sargon
09-23 02:10 PM
And how to you differentiate between soft lud and very soft lud?:o
soft LUD on a case 1 no. ahead of you or 1 no. behind you = very soft LUD on your case. Isn't everybody is smart enough to calculate the formula for very-raised-to-the-power-of-n soft LUD now.
soft LUD on a case 1 no. ahead of you or 1 no. behind you = very soft LUD on your case. Isn't everybody is smart enough to calculate the formula for very-raised-to-the-power-of-n soft LUD now.
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zoozee
10-26 12:57 PM
Me and my spouse had our appointment on 25 oct ie:yesterday afternoon and by mistake we went on 24th a day prior they requested us to come on the same day as appointment as they stopped taking walk-ins for this week.We went an hour prior to our appointment as there is a form to be filled out there which will be provided.
Make sure to go atleast 2 hour before so that you are able to locate the location we took long for the first time to find the place.
Good Luck.
Make sure to go atleast 2 hour before so that you are able to locate the location we took long for the first time to find the place.
Good Luck.
more...
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sts_seeker
07-05 04:24 PM
Hi All,
My lawyer waited until the last minute and filed I-140/I-485 concurrently even when the PD was current in June07 for me. It a Labor Substitution case so should I file new I-140 before July 16th with a copy of ALC and write a note or they will take out I-140 from the file and only return the I485? I cut a seperate check for I140 while filing.
please advice asap.
Thanks
sts_seeker
My lawyer waited until the last minute and filed I-140/I-485 concurrently even when the PD was current in June07 for me. It a Labor Substitution case so should I file new I-140 before July 16th with a copy of ALC and write a note or they will take out I-140 from the file and only return the I485? I cut a seperate check for I140 while filing.
please advice asap.
Thanks
sts_seeker
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PD_Dec2002
07-07 09:49 PM
I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
I only know the answer for Q6. No, you cannot take bonus and other perks into account to calculate your total compensation or wage for DOL. The DOL wage has to be the annual salary that you will earn...as shown in your pay stubs.
Thanks,
Jayant
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
I only know the answer for Q6. No, you cannot take bonus and other perks into account to calculate your total compensation or wage for DOL. The DOL wage has to be the annual salary that you will earn...as shown in your pay stubs.
Thanks,
Jayant
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Steve Mitchell
July 7th, 2004, 12:48 PM
Not having experience with that particular lens, however I would ask if you are sure you can live with a variable aperture lens that goes all the way to 5.6 on the long end...and are you sure you can live within those limitations?
Do any equipment savy forum members have any views on the Nikon Nikkor 28-200mm f/3.5 - 5.6D IF AF Zoom lens positive, negitive or otherwise? Target camera will be my D70. Thanks in advance.
Do any equipment savy forum members have any views on the Nikon Nikkor 28-200mm f/3.5 - 5.6D IF AF Zoom lens positive, negitive or otherwise? Target camera will be my D70. Thanks in advance.
Lasantha
02-20 01:53 PM
If the underlying I-140 for your 485 is from company A, then it's a different story. I think then you are OK. Are you sure that CIS accepted the old I-140 as the basis for your 485?
But like everyone else here said, please check with your attorney. AC-21 is confusing as it is and the compliactions in your situation do not make it easy.
Also be ready for RFEs.
I do have copy of approved I-140 from company A and asked for the old priority dates on Old I-140 when applied for new I-140. Not sure if it matters
But like everyone else here said, please check with your attorney. AC-21 is confusing as it is and the compliactions in your situation do not make it easy.
Also be ready for RFEs.
I do have copy of approved I-140 from company A and asked for the old priority dates on Old I-140 when applied for new I-140. Not sure if it matters
sathweb
01-21 02:30 PM
Dear IV Friends,
Does any one know how much time DOL takes to reply on PERM Withdrawal application. I filled for my labor application in i think JUN/JUL 07 than it got audited, after sending audit reply it got denied in APR 08. I told my company not to apeal this case but they did. After pushing hard to file a new PERM now we are waiting for the earlier PERM application to be withdrawn (the one that was appealed). Everybody waits for there PERM approval, I-140 or 485 but the strange fact is i am waiting for my PERM to be withdrawn so i can file a new one.
Please help if someone has any idea about the time taken to withdraw a PERM application.
Thank you,
Ravi.
WITHDRAWAL
Question: How can a pending application filed under PERM be withdrawn?
If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.
If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.
Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?
No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.
Source: http://usavisanow.com/perm-faq-4.html
(I think the same rule should apply for PERM and appealed case)
EDIT: Sorry the following information seems to suggest otherwise.
http://www.visapro.com/Immigration-News/?a=377&z=12
Does any one know how much time DOL takes to reply on PERM Withdrawal application. I filled for my labor application in i think JUN/JUL 07 than it got audited, after sending audit reply it got denied in APR 08. I told my company not to apeal this case but they did. After pushing hard to file a new PERM now we are waiting for the earlier PERM application to be withdrawn (the one that was appealed). Everybody waits for there PERM approval, I-140 or 485 but the strange fact is i am waiting for my PERM to be withdrawn so i can file a new one.
Please help if someone has any idea about the time taken to withdraw a PERM application.
Thank you,
Ravi.
WITHDRAWAL
Question: How can a pending application filed under PERM be withdrawn?
If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.
If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.
Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?
No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.
Source: http://usavisanow.com/perm-faq-4.html
(I think the same rule should apply for PERM and appealed case)
EDIT: Sorry the following information seems to suggest otherwise.
http://www.visapro.com/Immigration-News/?a=377&z=12
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