nixstor
02-17 04:04 PM
I am not sure whether the thread digressed away from the original discussion on how to get the copy of the labor cert.
If that is what you are still looking for, here is a sample FOIA request (http://nixstor.blogspot.com/2008/01/how-to-get-job-description-and-salary.html).(part 2 of the blog post) I did last year and got it after 4 months. I hope DOL beefed up their resources.
DOL not only sent me the ETA forms, but also sent the whole enchilada of ads run by the sponsoring employer and other supporting documentation it provided.
If that is what you are still looking for, here is a sample FOIA request (http://nixstor.blogspot.com/2008/01/how-to-get-job-description-and-salary.html).(part 2 of the blog post) I did last year and got it after 4 months. I hope DOL beefed up their resources.
DOL not only sent me the ETA forms, but also sent the whole enchilada of ads run by the sponsoring employer and other supporting documentation it provided.
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rdhanwada
09-24 06:23 PM
I got an update via CRIS
UPDATE: On August 5, 2008, we transferred this case to our NORFOLK, VA location for additional processing.
My current status: My case was filed as EB2 and the PD is Mar2006, so I am current for another 6 days (Oct 2006 is retrogressing to 2003).
I have talked to several of my friends and they said this update means an interview is in the works.
Do you guys agree?
If so, I had questions based on that. Me and my wife were planning to travel to India this December.
1) Will I still be getting an interview since my case is not going to be current starting OCT 2008?
2) In case we should expect an interview, should we wait till we finish the interview?
Any input would be appreciated.
-Raj
UPDATE: On August 5, 2008, we transferred this case to our NORFOLK, VA location for additional processing.
My current status: My case was filed as EB2 and the PD is Mar2006, so I am current for another 6 days (Oct 2006 is retrogressing to 2003).
I have talked to several of my friends and they said this update means an interview is in the works.
Do you guys agree?
If so, I had questions based on that. Me and my wife were planning to travel to India this December.
1) Will I still be getting an interview since my case is not going to be current starting OCT 2008?
2) In case we should expect an interview, should we wait till we finish the interview?
Any input would be appreciated.
-Raj
ganguteli
02-10 01:30 PM
I just want to know why people think like that. Whoever I talk to thinks that after getting EAD everything is good and greencard is not that important. Is that true.
Let us discuss pros and cons of EAD.
Let us discuss pros and cons of EAD.
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WAIT_FOR_EVER_GC
09-01 03:44 PM
Please post your concerns to this thread:
http://immigrationvoice.org/forum/forum14-members-forum/1598938-ead-renewal-updates-tracking-delays-120.html#post1983092
This is being monitored and you will get more correct information.
http://immigrationvoice.org/forum/forum14-members-forum/1598938-ead-renewal-updates-tracking-delays-120.html#post1983092
This is being monitored and you will get more correct information.
more...
GCBy3000
01-04 09:56 AM
I have bunch of colleages who have filed 485 two years ago and they are all saying you can take different responsibilities. I thought they would have done better research on this one as they are at that stage. May be they are wrong.
I beleive their 485 is status is at "pending approval". Does anyone know what could be the possible final status for 485 during retrogression? This may be the decider for both AC21 and existing employer role change. Can anyone confirm this one?
If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
I beleive their 485 is status is at "pending approval". Does anyone know what could be the possible final status for 485 during retrogression? This may be the decider for both AC21 and existing employer role change. Can anyone confirm this one?
If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
stuckinmuck
05-22 02:55 PM
You must have noticed that in any society, the extremely rich or the extremely poor do not follow any rules while the 'middle class' follows all the rules and gets screwed. :(
So it shouldn't be surprising that we are getting this 'mad' deal after years of following rules. Am not justifying it but that's the sad reality and we live with it every day. We need to do our best to try to change it. Try keeping your spirits high.
In addition, it could be that the U.S. is slowly becoming a land where 'unskilled' workers are more valuable since they already have a pool of adequate 'high skilled' workers in addition to many of the 'high skilled' workers living overseas (due to outsourcing). So what seems unfair to us maybe the harsh reality on the ground. Maybe, they don't want this additional pool of 'high skilled' workers anymore. We may be living under the wrong assumption that 'high skilled' workers deserve a better chance in the U.S.
So it shouldn't be surprising that we are getting this 'mad' deal after years of following rules. Am not justifying it but that's the sad reality and we live with it every day. We need to do our best to try to change it. Try keeping your spirits high.
In addition, it could be that the U.S. is slowly becoming a land where 'unskilled' workers are more valuable since they already have a pool of adequate 'high skilled' workers in addition to many of the 'high skilled' workers living overseas (due to outsourcing). So what seems unfair to us maybe the harsh reality on the ground. Maybe, they don't want this additional pool of 'high skilled' workers anymore. We may be living under the wrong assumption that 'high skilled' workers deserve a better chance in the U.S.
more...
copsmart
02-15 12:53 PM
Did she receive a paystub for the sick pay? I mean, did the employer or the third party insurance deduct federal, state taxes for the sick pay?
If yes, then she is entitled to receive a corrected W2 from her ex-employer.
BTW, haven�t heard about receiving sick pay from third party insurance, this is something new.
My wife worked as a full time employee and resigned after the delivery from Oct'08. She was paid the sick pay through a third party insurance and these wages are missing in the W-2. I tried contacting her employer and also wrote emails saying I would complain to IRS if they fail to provide a corrected W2. Today is 02/14 and we still didn't receive a new W2 for the sick pay or a corrected W2.
1) What consequences the employer would have to face if they fail to report correct wages on W2?
2) Does IRS is concerned about missing wages that are 1-2K?
3) Do you think I should complain to IRS?
I am planning to lodge an official complaint on Monday 02/16. I suppose it was a deadline date for all employers to provide W2 or a corrected one.
If yes, then she is entitled to receive a corrected W2 from her ex-employer.
BTW, haven�t heard about receiving sick pay from third party insurance, this is something new.
My wife worked as a full time employee and resigned after the delivery from Oct'08. She was paid the sick pay through a third party insurance and these wages are missing in the W-2. I tried contacting her employer and also wrote emails saying I would complain to IRS if they fail to provide a corrected W2. Today is 02/14 and we still didn't receive a new W2 for the sick pay or a corrected W2.
1) What consequences the employer would have to face if they fail to report correct wages on W2?
2) Does IRS is concerned about missing wages that are 1-2K?
3) Do you think I should complain to IRS?
I am planning to lodge an official complaint on Monday 02/16. I suppose it was a deadline date for all employers to provide W2 or a corrected one.
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vnsriv
09-26 01:51 PM
Is the AP document mailed to the attorney or to the applicant?
AP Docs are mailed to your attorney while EAD, I-485 cards are send to you .
AP Docs are mailed to your attorney while EAD, I-485 cards are send to you .
more...
tikka
06-04 11:27 PM
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
can you help out a little please?
we need to keep ask members to send faxes
thank you
can you help out a little please?
we need to keep ask members to send faxes
thank you
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pd_recapturing
05-13 08:57 PM
I searched for my LC case in one of the DBs in this website. I could not find it, though there were lots of other cases from my employer. I have the case number and approval notice so I am sure about genuinity of my case. Is this possible that some of the cases might go missing here ?
more...
niklshah
11-23 11:31 PM
some one gave me red and said that " where were u when all the EB2 guys were united together against EB3" my answer is that moron EB2 guys were wrong too they were jumping when bulletin moved forward in their favour, now see the bulletin every one is there where they were before... so we have to be united in all the situation and fight for retrogession
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bigboy007
08-23 12:38 AM
Hcard was there any LUD on your file ?
more...
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hey.camelo
05-28 08:15 PM
Hey Brother,
I had a tough situation in my life and i was in this scenario and came out.
I consulted a debt services company and they settled it for me and repared my credit score. but, i had a serious intention to clear the debts.
normally the creditors go to court after 3 years, so talk to them through a company or by urself if you are ready to settle. If you settled like 30-50%, the creditors will send I099C and you have to pay tax for that...
Cheers,
I had a tough situation in my life and i was in this scenario and came out.
I consulted a debt services company and they settled it for me and repared my credit score. but, i had a serious intention to clear the debts.
normally the creditors go to court after 3 years, so talk to them through a company or by urself if you are ready to settle. If you settled like 30-50%, the creditors will send I099C and you have to pay tax for that...
Cheers,
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GCOP
09-22 01:23 PM
Try this link
http://judiciary.house.gov/hearings/calendar.html
Information is correct and it can be confirmed on Judiciary Committee website.
I dont see same info at given link ? did they take it out ?
http://judiciary.house.gov/hearings/calendar.html
Information is correct and it can be confirmed on Judiciary Committee website.
I dont see same info at given link ? did they take it out ?
more...
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rahul2699
04-28 03:30 PM
I have created several documents and am working on a similar one as outlined below. But we need 50 people working on such items instead of one.
We have lots of ideas pouring into threads here but most are soon forgotten and not followed up on.
gc_peshwa has created a googlegroup to deal with participating on USCIS calls etc. We can add this agenda to that group to prevent creation of too many googlegroups and spreading ourselves thin. Alternatively we have a "Media" googlegroup as well which is dormant. That group could be used for this purpose.
This is interesting..i am down to help if you are looking for volunteers....I completely agree that lawmakers often overlook the advantages of temporary legal immigrants and by publishing suck documents will certainly help
We have lots of ideas pouring into threads here but most are soon forgotten and not followed up on.
gc_peshwa has created a googlegroup to deal with participating on USCIS calls etc. We can add this agenda to that group to prevent creation of too many googlegroups and spreading ourselves thin. Alternatively we have a "Media" googlegroup as well which is dormant. That group could be used for this purpose.
This is interesting..i am down to help if you are looking for volunteers....I completely agree that lawmakers often overlook the advantages of temporary legal immigrants and by publishing suck documents will certainly help
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tabletpc
09-16 05:23 PM
The approval of h1 will not invalidate H4 visa. The usage of h1 visa invalidates H4 visa.
if you have h1 approved and don't join the company, then your h4 remains intact. Once you join a company on h1, you will fill out i-9 form, which informs the concerend authorities about your status change.
[QUOTE=
The approval of your H1 would have invalidated your H-4 visa :confused:[/QUOTE]
if you have h1 approved and don't join the company, then your h4 remains intact. Once you join a company on h1, you will fill out i-9 form, which informs the concerend authorities about your status change.
[QUOTE=
The approval of your H1 would have invalidated your H-4 visa :confused:[/QUOTE]
more...
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royus77
06-15 07:21 PM
There are reports that there are a huge backlog in medical examination appointments in certain areas. Currently, the USCIS requires the sealed medical report as the part of "initial evidence" for filing of I-485 applications. The attorneys here in Orlando asked the USCIS to change the current policy, allowing I-485 filers to file I-485 without the medical report. The USCIS took such request under advisement. Considering the fact that EB numbers could move backward again, such change of policy may be critically important for some filers.
Its not confirmed yet so please cautious .. In Virgina there are couple of Doctors entertaining walkins..Please check who are near by DC metro .I finished my stufff in the morning after waiting for 3 hours ..
Source
immigration-law.com
Its not confirmed yet so please cautious .. In Virgina there are couple of Doctors entertaining walkins..Please check who are near by DC metro .I finished my stufff in the morning after waiting for 3 hours ..
Source
immigration-law.com
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OLDMONK
07-19 03:17 PM
8 CFR Sec. 245.2(a)(4)(ii)(C) . It says:
(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status.
Looks like we can ask for a receipt notice in case we are travelling out of the country. Atleast ask!
Yes this a legit reason to get receipts. But if you have been denied receipts by employer/lawyer in recent past. Give this reason a little time, if you know what I mean. Else this reason would also go to waste.
My Lawyer has been good in this regard and usually scans a copy and emails to my HR/Supervisor and Myself as soon as she get any notices/rfe's etc. I think this would be the pattern of most employers if not all.
(C) The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status.
Looks like we can ask for a receipt notice in case we are travelling out of the country. Atleast ask!
Yes this a legit reason to get receipts. But if you have been denied receipts by employer/lawyer in recent past. Give this reason a little time, if you know what I mean. Else this reason would also go to waste.
My Lawyer has been good in this regard and usually scans a copy and emails to my HR/Supervisor and Myself as soon as she get any notices/rfe's etc. I think this would be the pattern of most employers if not all.
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paskal
10-24 06:28 PM
see below
also please be good anough to add some details to your profile, simple things like category, PD, country etc don't reduce your anonymity in any way
Good Afternoon IV members,
Best wishes to all of you who are seeking advice or are in a visa process of any sort.
My question here if any one could kindly help me: I came to work in 2002 with a J1 visa, stayed for the 3 stipulated years under the J1 visa. I wanted to changed my visa for a H1B so I got a waiver, and then I went through the process the year that they had the lottery for H1B, I made the lottery, but sadly after paying all my fees, sending all the documents that my lawyer asked my employer for that time, I did not obtain an H1B.
I do not understand this. The waiver H1 is specofically exempt from the H1B quota, why did you need the lottery? If you made the lottery though, why did you not get the H1B?
Last year I could come back with another J1, I stayed in my country for 3 years, so my new employer applied for a J1 without using my waiver, as there was not need for it.
Why did you not get an H1B this time?? Why come back on a J1 after all that history?
Now my question, I do want to change my status from my present J1 to an H1B, and I would like to know if I can use the previous waiver that I obtain with my first J1 in order to waive the 2 year residency restriction on my present J1 so that I could apply for the H1B with a new employer?
You cannot. The J1 is a "scarlet letter". Each time you take one, you need a waiver for it. You will have to get one again. By the way, did you have a physician J1? My answer about the H1B being exempt was based on that presumption.
Any advice is greatly appreciated.
Have a great weekend,
Valle
also please be good anough to add some details to your profile, simple things like category, PD, country etc don't reduce your anonymity in any way
Good Afternoon IV members,
Best wishes to all of you who are seeking advice or are in a visa process of any sort.
My question here if any one could kindly help me: I came to work in 2002 with a J1 visa, stayed for the 3 stipulated years under the J1 visa. I wanted to changed my visa for a H1B so I got a waiver, and then I went through the process the year that they had the lottery for H1B, I made the lottery, but sadly after paying all my fees, sending all the documents that my lawyer asked my employer for that time, I did not obtain an H1B.
I do not understand this. The waiver H1 is specofically exempt from the H1B quota, why did you need the lottery? If you made the lottery though, why did you not get the H1B?
Last year I could come back with another J1, I stayed in my country for 3 years, so my new employer applied for a J1 without using my waiver, as there was not need for it.
Why did you not get an H1B this time?? Why come back on a J1 after all that history?
Now my question, I do want to change my status from my present J1 to an H1B, and I would like to know if I can use the previous waiver that I obtain with my first J1 in order to waive the 2 year residency restriction on my present J1 so that I could apply for the H1B with a new employer?
You cannot. The J1 is a "scarlet letter". Each time you take one, you need a waiver for it. You will have to get one again. By the way, did you have a physician J1? My answer about the H1B being exempt was based on that presumption.
Any advice is greatly appreciated.
Have a great weekend,
Valle
man-woman-and-gc
03-03 02:11 PM
i think "same or similar" job is common sense thing to keep in mind. You dont want to specialize in software architecture the switch to building construction architecture ;) also remember that if you need an attorney to defend you, it will cost you more in money and peace of mind. So it is better to stick with what you know, if you know what i mean.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an ac-21 letter which must come from your new employer.
So you can apply to any jobs that say employers cannot sponsor visa or gc because you are not technically seeking their direct support for your pending i-485 adjustment. If they ask for proof of employability, present your ead (formally called form i-766) and you should be good to go. Ead form i-766 is listed as a list a document on form i-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/i-9.pdf
list a means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old h1-b, etc.
a.w.e.s.o.m.e.
In answer to your question, no - you do not need any supporting documents from your new employer except in the case of filing an ac-21 letter which must come from your new employer.
So you can apply to any jobs that say employers cannot sponsor visa or gc because you are not technically seeking their direct support for your pending i-485 adjustment. If they ask for proof of employability, present your ead (formally called form i-766) and you should be good to go. Ead form i-766 is listed as a list a document on form i-9. See item #4 on page 4 of this document:
http://www.uscis.gov/files/form/i-9.pdf
list a means you need only present this document for employment verification. You don't even need to show any other document such as passport, driver's license, old h1-b, etc.
a.w.e.s.o.m.e.
msp1976
03-12 12:02 PM
H1-B slavery: the American nightmare. Why would a major corporation deceive recruits only to end up with seriously unhappy employees with a serious grudge against their employer.
Well...You are definately not a slave....
You can walk away any time you like......
In the end it is the individual's decision...
Calling ourselves as slaves opens up whole new can of worms...
Well...You are definately not a slave....
You can walk away any time you like......
In the end it is the individual's decision...
Calling ourselves as slaves opens up whole new can of worms...
