NKR
02-13 09:28 AM
NKR, not sure if you heard about this one proverb... "jabh kismath GA***U hai tow kya karey ga PANDU"....we unfortunately get trapped with such type of employers who trouble their employees and learn lessons in hard way and looks like you haven't encountered any such experiences with your employer, if that's the case you are lucky enough & I wish you would NEVER fall into such employers hand who trouble for so many other different reasons....or not sure you should have one small experience and see how you feel just for the heck of it....
I can sit here and add as many proverb's here all day long but the point here is try to be supportive to folks who are seeking for some help rather then sharing your "KATARA" proverb's..grow up man!!
dude, that was not my proverb. I was replying to fearonlygod's post. I had only quoted him. anyways your proverb is funny and appropriate, had a good laugh.
I can sit here and add as many proverb's here all day long but the point here is try to be supportive to folks who are seeking for some help rather then sharing your "KATARA" proverb's..grow up man!!
dude, that was not my proverb. I was replying to fearonlygod's post. I had only quoted him. anyways your proverb is funny and appropriate, had a good laugh.
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alisa
03-24 10:52 AM
Anyone from Wisconsin?
Please PM me. We have a state chapter, and we need people to cover different congressional districts of Wisconsin
Please PM me. We have a state chapter, and we need people to cover different congressional districts of Wisconsin
willIWill
11-02 03:33 PM
I dont think DOS will do any spillover, if by a miracle they do a quarterly spillover it can happen only in december, The whole idea of spillover is if there are any leftover visas they have to use it by the end of the year (i.e spetember 30) or if they do quarterly spillover as the law says then they have to do it by the end of the quarter i.e Dec 31, march 31, June 30.
If the eb2 does not move to atleast march 2005 then it means DOS is not doing quarterly spillover.
Hydboy, you make a good point. Does anyone know if this is how USCIS would do a Qtrly Spillover if they do it ? And do they have to make the EB2-I and EB2-C dates the same before they do a spill over like they do it for the yearly?
If the eb2 does not move to atleast march 2005 then it means DOS is not doing quarterly spillover.
Hydboy, you make a good point. Does anyone know if this is how USCIS would do a Qtrly Spillover if they do it ? And do they have to make the EB2-I and EB2-C dates the same before they do a spill over like they do it for the yearly?
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mammoy2k
09-09 07:04 AM
I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
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lucas
07-02 07:52 PM
Medical: $375
Fedex: $100
Photos: $50
Attorney: $1350
Total: $1875
Fedex: $100
Photos: $50
Attorney: $1350
Total: $1875
sintax321
02-04 12:46 PM
i went with eilsoe. Nice detail;)
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h1-b forever
01-13 09:11 AM
How much does the Transit visa cost?
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aroranuj
04-19 12:59 PM
The 1 year of BCom was not required to enroll in the Diploma. However since my field of expertise is Management we were able to combine the 1st year of BCom with my 3 years of Diploma of XYZ Management. My Labor Cert also states that academic studies equivalent to a US Bachelors.
It is important that everyone understand that each case is different. In this case was the 1 year of the BCom required for admission into the diploma program? Otherwise in my opinion (and anything can happen with any one adjudicator at USCIS) it souns like you are combining, which is allowed for EB3 when so stated on the Labor Cert.
It is important that everyone understand that each case is different. In this case was the 1 year of the BCom required for admission into the diploma program? Otherwise in my opinion (and anything can happen with any one adjudicator at USCIS) it souns like you are combining, which is allowed for EB3 when so stated on the Labor Cert.
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485Mbe4001
12-12 03:42 PM
isnt a visa number assigned when they apply for 485?
good point in item 4. When i talk to people from other countries about visa issues and IV they just look at the processing dates for 485 and think that GC will be approved in 6 months.
Please remember that even if BEC clears the application with 2001 priority dates. These people still need to:
1) Apply for I140
2) Have I-140 Approved
3) Apply for I-485 only if their priority date is current
4) Complete various I-485 tasks like fingerprinting, BACKGROUND CHECKS (this is a huge one and unless you are lucky you can get stranded for anywhere between 6 months to 3 years)
5) Now after completing 1 - 4 above you can expect that they will apply a visa number to the application
good point in item 4. When i talk to people from other countries about visa issues and IV they just look at the processing dates for 485 and think that GC will be approved in 6 months.
Please remember that even if BEC clears the application with 2001 priority dates. These people still need to:
1) Apply for I140
2) Have I-140 Approved
3) Apply for I-485 only if their priority date is current
4) Complete various I-485 tasks like fingerprinting, BACKGROUND CHECKS (this is a huge one and unless you are lucky you can get stranded for anywhere between 6 months to 3 years)
5) Now after completing 1 - 4 above you can expect that they will apply a visa number to the application
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yabadaba
05-22 02:58 PM
also when u go into the uscis office...learn some spanish
say
ola.. buenos dias..que pasa..estoy aqu� para la visa de z
repeat this to every person u meet in there... u ll be all set
say
ola.. buenos dias..que pasa..estoy aqu� para la visa de z
repeat this to every person u meet in there... u ll be all set
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cal97
02-10 07:33 PM
I got the same message in the last week of September in 2008. I honestly do not know where my case is. Called NSC, checked with an InfoPass appointment, made an inquiry through the COngress rep's office. All say the case is in NSC.
Not sure what the Hard LUD, followed by a soft LUD and the message was all about.
Not sure what the Hard LUD, followed by a soft LUD and the message was all about.
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sunny1000
11-15 12:43 AM
I applied for I-140, I-485, AP and EAD on 8/15/07. I got my EAD and the case status online got updated accordingly. But, for my other three applications I get the following errors:
-----------
Validation Error(s)
You must correct the following error(s) before proceeding:
* Case Status Retrieval Failed
* This Receipt Number cannot be found at this time in this automated system. Please check your case receipt number to see if it is correct. If you have questions or concerns about your case status, please contact the National Customer Service Center.
----------------------
I got receipt notices for all 4 applications on 10/16/07 and have double-checked my receipt notices for case # for typos.
Is anybody else in the same boat?
Thanks.
-----------
Validation Error(s)
You must correct the following error(s) before proceeding:
* Case Status Retrieval Failed
* This Receipt Number cannot be found at this time in this automated system. Please check your case receipt number to see if it is correct. If you have questions or concerns about your case status, please contact the National Customer Service Center.
----------------------
I got receipt notices for all 4 applications on 10/16/07 and have double-checked my receipt notices for case # for typos.
Is anybody else in the same boat?
Thanks.
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Ram_C
11-26 01:04 PM
received my FP notice on saturday, scheduled to attend local ASC on Nov' 30th
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s_r_e_e
08-31 10:10 PM
Even today i came across a friend saying according to his so and so friends thinking , EB2 should move very fast as last time it jumped from 2002 - 2004 or what ever in 2 months !!!!... There are lot of people who dont understand the depth of the problem , the yearly limit , country quota etc..
I think the only way to make them understand is to tell that since 1 million people are in queue and only 140K GC per year , your GC will take any where from 8-15 years.. :)
I think the only way to make them understand is to tell that since 1 million people are in queue and only 140K GC per year , your GC will take any where from 8-15 years.. :)
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gdhiren
08-28 05:24 PM
Gdhiren:Can you please send me your email id mine is zoozee4@hotmail.com
I am flying from San Jose to Dc for the rally.Can you please post me the threads for the hosts for accomodation in DC.
Here is the thread where you can request accomodation.
http://immigrationvoice.org/forum/showthread.php?t=12565
I'll shoot you an email.
I am flying from San Jose to Dc for the rally.Can you please post me the threads for the hosts for accomodation in DC.
Here is the thread where you can request accomodation.
http://immigrationvoice.org/forum/showthread.php?t=12565
I'll shoot you an email.
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lazycis
01-26 04:43 PM
It is fishy, but nothing to worry about. It's illegal for an employer to impose early termination fee in any form so even if you sign it, this clause has no power.
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kart2007
05-15 03:26 PM
I know many people working here in my city who are from TCS. TCS blatantly breaks rules and sends these people on L1 visas while paying them an Indian salary and a minimal per diem for their time in the U.S. They don't even get enough for renting a car and I see many of these poor guys walking from their apartment blocks to the office. It's good exercise (for one's physical health) but the intent of the company is exploitation and nothing else :mad:
In addition, I notice that many of these recruits are here not for long term jobs but for gaining enough knowledge so that those jobs can be outsourced back to the home country. That has started to make many of my American colleagues really mad. But it's the fault of the company, not these poor guys who don't have seem to have a clue what a bad deal it is until they arrive here.
Sad to say, Wipro, Infosys and the rest in their flock are no better.
Yup, TCS, Infosys, Cognizant, Patni etc are all offenders. Its sad to see L1s getting such a paltry salary.
For H1 there are rules that are laid out for minimum wages but not for L1 (I think). Even then these Indian companies pay the least they have to to H1 visa holders.
In addition, I notice that many of these recruits are here not for long term jobs but for gaining enough knowledge so that those jobs can be outsourced back to the home country. That has started to make many of my American colleagues really mad. But it's the fault of the company, not these poor guys who don't have seem to have a clue what a bad deal it is until they arrive here.
Sad to say, Wipro, Infosys and the rest in their flock are no better.
Yup, TCS, Infosys, Cognizant, Patni etc are all offenders. Its sad to see L1s getting such a paltry salary.
For H1 there are rules that are laid out for minimum wages but not for L1 (I think). Even then these Indian companies pay the least they have to to H1 visa holders.
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aroranuj
04-19 01:30 PM
Can anyone please comment if the advise given by my attorney is accurates (ability to file new I-140 with the MTR/Appeal for the older I-140?
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
Hello All,
Thanks for your thoughts & advise. It helped me in my conversation with my company's attorney. I would first like to clear my educational background. I have 10 + 2( HSC/ 12th Grade) + 1 (1st year of Bachelors of Commerce) + 3 year Diploma in my field. That being said this is what she has advised/recommended.
She states that she is fairly confident that we can argue successfully the denial. She has said that she will file an MTR/Appeal & at the same time file a new I-140 too. She says she thinks there is a 50% chance that the MTR would be successful, if not she said it will go for appeal & take about a year. The advantage she said of filing a new I-140 at the same time is that she can make an airtight case with the cover letter covering the points for the reason for the denial of this I140 & the decision on the new I-140 would be fairly quick if the appeal is denied as it was filed witht eh appeal for the old one. The only disadvantage with a new I-140 would be that we cant file for 485 till there is an open visa, which means no EAD/AP for myself & my wife.
Can members with knowledge of these kind of scenarios shed some of their thoughts?
Thanks.
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amsgc
05-15 12:40 PM
NH123:
1. Go to the home page
2. Click on the Forums tab in the menu on the left
3. Select the appropriate Section (Non Immigrant visas in your case)
4. Now click at the forum tools (top right corner). You will see an option to post a new thread in the drop down menu.
...
I am asking this question in this thread as i dont know how to start new thread.
....
1. Go to the home page
2. Click on the Forums tab in the menu on the left
3. Select the appropriate Section (Non Immigrant visas in your case)
4. Now click at the forum tools (top right corner). You will see an option to post a new thread in the drop down menu.
...
I am asking this question in this thread as i dont know how to start new thread.
....
hopefulgc
05-18 03:41 PM
1) I totally support this idea
2) my crystal ball tells me that there are gonna be people here who will post discouraging comments against this idea like they do to every other idea worth considering. These days they use the "these ideas divide the community" routine to kill initiatives like this.
3) quota exculsion and segregation would be awesome and very well deserved
In the same lines as H1B, could we look into if its possible to add a quota for US Masters degree holders irrespective of country of birth for green Card also. This would be in addition to the existing Employment based quotas.
Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.
I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.
I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.
2) my crystal ball tells me that there are gonna be people here who will post discouraging comments against this idea like they do to every other idea worth considering. These days they use the "these ideas divide the community" routine to kill initiatives like this.
3) quota exculsion and segregation would be awesome and very well deserved
In the same lines as H1B, could we look into if its possible to add a quota for US Masters degree holders irrespective of country of birth for green Card also. This would be in addition to the existing Employment based quotas.
Does anyone know how they added 20k H1B quota for Masters degree holders? Who sponsored that bill? May be we should talk to the same people.
I would think there would be a little less resistance for this? This would ease the pressure on both EB2 and EB3.
I dont know if this has been previously looked at. I know there were talks of excluding these people from quota all together.
webm
05-08 02:45 PM
To all the sufferers, please pursue your case with vigor at every opportunity.
I am glad to see the light at the end of the tunnel. I saw a welcome e-mail from USCIS today in the morning. Took 6 years to get the GC with a total stay of 10 years.
Congrats!! pal..
I am glad to see the light at the end of the tunnel. I saw a welcome e-mail from USCIS today in the morning. Took 6 years to get the GC with a total stay of 10 years.
Congrats!! pal..
