avi101
04-12 04:41 PM
I don't think the flaw is with Labor substitution per se. The problem is with the assignment of labor's original priority date to the new substituted alien.
An individual gets attached to the labor at the I140 stage, and thats the date they should use for substituted labor applications. This along with Perm's (ideal) processing times would make labor substitution insignificant.
Source:
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
From above Source:
---------------------
DATES: Interested persons are invited to submit written comments on the
proposed rule on or before April 14, 2006.
ADDRESSES: You may submit comments, identified by Regulatory
Information Number (RIN) 1205-AB42, by any of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the Web site instructions for submitting comments.
E-mail: Comments may be submitted by e-mail to
fraud.comments@dol.gov. Include RIN 1205-AB42 in the subject line of
the message.
An individual gets attached to the labor at the I140 stage, and thats the date they should use for substituted labor applications. This along with Perm's (ideal) processing times would make labor substitution insignificant.
Source:
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
From above Source:
---------------------
DATES: Interested persons are invited to submit written comments on the
proposed rule on or before April 14, 2006.
ADDRESSES: You may submit comments, identified by Regulatory
Information Number (RIN) 1205-AB42, by any of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the Web site instructions for submitting comments.
E-mail: Comments may be submitted by e-mail to
fraud.comments@dol.gov. Include RIN 1205-AB42 in the subject line of
the message.
wallpaper Joss Stone Photos
gjoe
10-05 10:59 AM
This is what the law says:
INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.
What is your argument to sue?
How can someone with EB3 with a later PD get GC before me? If he has been approved there should be valid reason why mine is not approved, the reason should be something other than USCIS ineffeciency.
INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.
What is your argument to sue?
How can someone with EB3 with a later PD get GC before me? If he has been approved there should be valid reason why mine is not approved, the reason should be something other than USCIS ineffeciency.
fundo14
02-19 12:36 PM
Hi All,
I wanted to share my experience at the port of entry using AP.
Just to give a quick background me and my wife have been working on H1 for last 8 years, we both were working on our H1’s at the time of leaving for vacation one month back.
Our 485/EAD/AP was filed on July 2nd, 2007; my wife is a Primary Applicant.
We have our 485 receipts/ approved EAD’s and AP’s with us.
Also, our H1 Petition’s are valid till 2010 but the stamping on passport is expired, we did not get stamping in India as we intended to enter using AP
At the Port of entry this is how it went:
Officer: Very rudely asked for our passports & I-94
We gave him our Passports, I-94 forms and Original AP’s
Officer: What’s the purpose of your visit?
Our Answer: To join back at our respective work.
Officer: Work? Who’s the primary applicant?
My answer: My wife
Officer: Then how the hell you will work here, you cannot work here, only your wife can work as the petition is on her name, you are a derivative.
My answer: But I have work Authorization (showed our EAD cards)
Officer: That’s all bullhshit, does not mean anything…you can not work here.
My answer: I politely told him that sir when we left country a month ago we both were working on H1’s, now we are seeking entry on AP.
Officer: yeh but don’t do fraud, you cannot work here (Very rudely)...who told you that you can work here.
My Answer: Again I explained politely- Sir, we filed for 485 which made us eligible to get EAD’s, showed him the EAD card again (which clearly states “Authorized to work in US till validity of this card” Our EAD’s are valid till end of 2008)
Officer: listen don’t teach me law, I have been working here for “x” number of years, and you think you know laws better than me.
After this I and my wife decided to keep quite as that moron was not ready to listen and understand anything.
Officer (rudely): I will set this straight for you…then we were asked to follow him in a separate room. Many people were waiting there I guess most of them using AP
The Officer went to one other custom officer there and pointed towards us and explained him something which we could not hear.
We waited � an hour till our named was called…I was worried that they will now create lot problems for us but to my surprise we were just handed our Passports along with AP’s / I-94 stamped as “AOS” and told you are all set... Absolutely No questions asked.
I am worried if he has entered some nasty remarks on my case…not sure.
Now this entire incident makes me wonder what that officer was talking about, my guess is one of the following:
1. He assumed throughout that my wife is entering on H1 and I on H4
2. Or he did realize his mistake but was too egoistic to accept it.
3. Or he was right and I was wrong about working on EAD (being derivative)...am I missing something here??
One of my suggestion from all this experience is that anybody entering on AP always state the purpose of visit is to “Resume pending AOS”
In last 8 years I have re-entered US like 6 times but never faced such a rude Immigration officer or have been treated like this.
Guru’s please advice if there is a possibility to reinstate our status as H1, we would rather work on H1 then on EAD’s
Thanks!
I wanted to share my experience at the port of entry using AP.
Just to give a quick background me and my wife have been working on H1 for last 8 years, we both were working on our H1’s at the time of leaving for vacation one month back.
Our 485/EAD/AP was filed on July 2nd, 2007; my wife is a Primary Applicant.
We have our 485 receipts/ approved EAD’s and AP’s with us.
Also, our H1 Petition’s are valid till 2010 but the stamping on passport is expired, we did not get stamping in India as we intended to enter using AP
At the Port of entry this is how it went:
Officer: Very rudely asked for our passports & I-94
We gave him our Passports, I-94 forms and Original AP’s
Officer: What’s the purpose of your visit?
Our Answer: To join back at our respective work.
Officer: Work? Who’s the primary applicant?
My answer: My wife
Officer: Then how the hell you will work here, you cannot work here, only your wife can work as the petition is on her name, you are a derivative.
My answer: But I have work Authorization (showed our EAD cards)
Officer: That’s all bullhshit, does not mean anything…you can not work here.
My answer: I politely told him that sir when we left country a month ago we both were working on H1’s, now we are seeking entry on AP.
Officer: yeh but don’t do fraud, you cannot work here (Very rudely)...who told you that you can work here.
My Answer: Again I explained politely- Sir, we filed for 485 which made us eligible to get EAD’s, showed him the EAD card again (which clearly states “Authorized to work in US till validity of this card” Our EAD’s are valid till end of 2008)
Officer: listen don’t teach me law, I have been working here for “x” number of years, and you think you know laws better than me.
After this I and my wife decided to keep quite as that moron was not ready to listen and understand anything.
Officer (rudely): I will set this straight for you…then we were asked to follow him in a separate room. Many people were waiting there I guess most of them using AP
The Officer went to one other custom officer there and pointed towards us and explained him something which we could not hear.
We waited � an hour till our named was called…I was worried that they will now create lot problems for us but to my surprise we were just handed our Passports along with AP’s / I-94 stamped as “AOS” and told you are all set... Absolutely No questions asked.
I am worried if he has entered some nasty remarks on my case…not sure.
Now this entire incident makes me wonder what that officer was talking about, my guess is one of the following:
1. He assumed throughout that my wife is entering on H1 and I on H4
2. Or he did realize his mistake but was too egoistic to accept it.
3. Or he was right and I was wrong about working on EAD (being derivative)...am I missing something here??
One of my suggestion from all this experience is that anybody entering on AP always state the purpose of visit is to “Resume pending AOS”
In last 8 years I have re-entered US like 6 times but never faced such a rude Immigration officer or have been treated like this.
Guru’s please advice if there is a possibility to reinstate our status as H1, we would rather work on H1 then on EAD’s
Thanks!
2011 Joss Stone Joins THE TUDORS
gc4me
07-05 09:02 PM
Please let me know if anyone/your friend has port PD using receipt#. Logically it should be possible, as USCIS should pull everything from DB using receipt#. The question is has anyone successfully done this?
more...
viva
01-31 11:13 PM
he is extremely knowledgable person in terms of immigration, he has 5000+ posts on immigration forums and has helped countless people with immigration issues. His name seems to be Nadeem and is a Canadian immigrant and is a CPA and his EB3 petition is in retrogression.
In recent times he started stereotyping immigrants and make every immigrant feel that they are breaking laws in some way or the other and became unpopular.
He was not in support of IV and was under a strong feeling that a bunch of immigrants are wasting precious time and money. But now he seems to change his stance and has stepped into IV and has become a member. He is very helpful in terms of his skills and willingness to share his knowledge and help people.
He does audit to a lot of h1b dependent employers and has direct influence and can strongly recommend them to contribute for this cause. Most of his analysis about patterns of visa distribution comee out as expected but in recent times there were instances where his analysis went wrong too.
Overall he is definitely of great help if he wishes to dedicate some time of his to this cause and help in all ways possible.
if he was a cfo or is a cfo, as he claims on previous posts, why is he filinf under eb-3? why can't he file under eb-2 or eb-1? isn't eb-1 for multinational executives?
most cfos would be toiling inside their companies, rather than spending time on forums. may be, he is just getting to act out his dream of being a cfo on the forums. may be, he thinks he can get away with claiming to be anything. after all, who is going to check? i could say i am the ceo of citibank or intel or microsoft. who is going to check on that? i can post a link to the sec website where my name will be shown as steve balmer.
people can claim to be a lot of things in this world..just don't believe everything they say without proof....
if i said that i am a talking elephant, would you believe me? probably, no. so, why would u believe that united nations is what he says he is?
In recent times he started stereotyping immigrants and make every immigrant feel that they are breaking laws in some way or the other and became unpopular.
He was not in support of IV and was under a strong feeling that a bunch of immigrants are wasting precious time and money. But now he seems to change his stance and has stepped into IV and has become a member. He is very helpful in terms of his skills and willingness to share his knowledge and help people.
He does audit to a lot of h1b dependent employers and has direct influence and can strongly recommend them to contribute for this cause. Most of his analysis about patterns of visa distribution comee out as expected but in recent times there were instances where his analysis went wrong too.
Overall he is definitely of great help if he wishes to dedicate some time of his to this cause and help in all ways possible.
if he was a cfo or is a cfo, as he claims on previous posts, why is he filinf under eb-3? why can't he file under eb-2 or eb-1? isn't eb-1 for multinational executives?
most cfos would be toiling inside their companies, rather than spending time on forums. may be, he is just getting to act out his dream of being a cfo on the forums. may be, he thinks he can get away with claiming to be anything. after all, who is going to check? i could say i am the ceo of citibank or intel or microsoft. who is going to check on that? i can post a link to the sec website where my name will be shown as steve balmer.
people can claim to be a lot of things in this world..just don't believe everything they say without proof....
if i said that i am a talking elephant, would you believe me? probably, no. so, why would u believe that united nations is what he says he is?
optimystic
03-19 06:01 PM
May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.
gccube are you EB3 -I as well?
"
FBI Namecheck -- Cleared (02/01/2008)
FP -- Cleared "
How did you find out the status of your namecheck and FP?
gccube are you EB3 -I as well?
"
FBI Namecheck -- Cleared (02/01/2008)
FP -- Cleared "
How did you find out the status of your namecheck and FP?
more...
DSLStart
03-18 10:27 AM
Plus, your 485 filing receipt, marriage certificate, filing fees check.
No need to do through lawyer, just fill and print forms, attach documents and mail certified.
Can someone who has added his/her spouse please provide with a list of documents required to file spouse i-485 after primary has been filed? Can we collect a list? There seem to be a lot of people in this situation.
Here is what I think is required
I-485 - Adjustment
G-325A - Biographic Info
I-134 - Affidavit of support
I-765 - EAD
I-131 - Advance Parole
I-693 - Medical Exam
What else is required? Please add to the list. Also, has anyone done this on their own?
TIA
No need to do through lawyer, just fill and print forms, attach documents and mail certified.
Can someone who has added his/her spouse please provide with a list of documents required to file spouse i-485 after primary has been filed? Can we collect a list? There seem to be a lot of people in this situation.
Here is what I think is required
I-485 - Adjustment
G-325A - Biographic Info
I-134 - Affidavit of support
I-765 - EAD
I-131 - Advance Parole
I-693 - Medical Exam
What else is required? Please add to the list. Also, has anyone done this on their own?
TIA
2010 Joss Stone embraced the
ronhira
07-11 02:16 PM
My EAD and AP application was received June 19, 2009 at TSC. To my pleasant shocking & surprise USCIS approved mine and wife's application in 20 days and we received the card today.
We are happy with the speed and efficiency USCIS and wish they could do everything the same way. we received two year EAD but concerned as receiving a two year EAD indicates that it may take a while to get my PD (Dec 2005).
Thanks
Senthil.
that was a mistake :p ..... they meant to take 200 days..... but the guy who was doing data entry typed 20 instead of 200. So your EAD/AP got processed in 20 days..... in the end uscis did something right by mistake ...... we all just have to hope that uscis will continue to do these mistakes ..... without which no application can get processed in a timely manner.
We are happy with the speed and efficiency USCIS and wish they could do everything the same way. we received two year EAD but concerned as receiving a two year EAD indicates that it may take a while to get my PD (Dec 2005).
Thanks
Senthil.
that was a mistake :p ..... they meant to take 200 days..... but the guy who was doing data entry typed 20 instead of 200. So your EAD/AP got processed in 20 days..... in the end uscis did something right by mistake ...... we all just have to hope that uscis will continue to do these mistakes ..... without which no application can get processed in a timely manner.
more...
shreekarthik
06-10 05:56 PM
Can anyone help with advice? Talk about frustration! I qualify for EB2 since I have a masters degree (and also more than 5 years of experience in my field). I could qualify for EB2 except that my job description "prefers" (rather than "requires") a masters degree. The language prevents my compay from filing EB2, yet my job responsibilities are such that they certaily warrant a masters degree. My compay doesn't want to change my position or wording even though they clearly know (through my explanations) that that means adding close to 5-6 years to the wait! They also fail to see that making me wait so long also affects them because the company cannot promote me or chage my responsibilities for the duration of the wait! Has anyone been through the same situation?
They get a well qualified employee at a lower salary for a longer period of time. If they don't listen try to find an employer that could file u at EB-2.
They get a well qualified employee at a lower salary for a longer period of time. If they don't listen try to find an employer that could file u at EB-2.
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nrk
10-26 11:38 AM
Is there is any way can we see the data.
i think they are going to do it every quarter. i am thinking that the results in the aug 2009 file were third quarter FY 2009 data. so i am thinking that the data as of sept 2009 will be out in Nov. any other predictions?
i think they are going to do it every quarter. i am thinking that the results in the aug 2009 file were third quarter FY 2009 data. so i am thinking that the data as of sept 2009 will be out in Nov. any other predictions?
more...
immi_2006
08-07 10:54 AM
Though its not mentioned it is good file I-134. You are not eligible for I-864.
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ddanait
02-11 01:03 PM
How does one access donor forum? I ahve donated some sum and I am a registered member
more...
house Joss Stone#39;s pictures
sriramkalyan
01-02 11:19 AM
!!! Canada!!!
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lkapildev
11-13 06:53 PM
It could be a GC. I'm guessing.. My friend also had got the same information today. He was BD national
Some keywords from his receipt# is
It says some package is mailed. Weclome .. Permanant residence etc
and ADIT processing etc.
Do you see these buzz words.
You may cheer up today and buy us a dinner. No buy the person who approved your case a dinner.
They flushed my application toilet. I need to go to India urgently, no AP no news.
Some keywords from his receipt# is
It says some package is mailed. Weclome .. Permanant residence etc
and ADIT processing etc.
Do you see these buzz words.
You may cheer up today and buy us a dinner. No buy the person who approved your case a dinner.
They flushed my application toilet. I need to go to India urgently, no AP no news.
more...
pictures QUOTE OF THE DAY: JOSS STONE
Leo07
02-03 05:28 PM
God Bless!
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
Hi EveryOne,
I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.
Thanks.
dresses Joss Stone
oldporkchops
07-29 04:00 AM
Hi there,
IV seems to be a terrific service to the immigration community. Kudos to the people who work hard to make it work.
Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?
IV seems to be a terrific service to the immigration community. Kudos to the people who work hard to make it work.
Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?
more...
makeup Joss Stone
brij523
12-28 07:43 AM
Hi Paskal,
I have the ppt file ready. Can you PM me your e-mail address so that I can send you the file.
Thanks
I have the ppt file ready. Can you PM me your e-mail address so that I can send you the file.
Thanks
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gcnirvana
05-12 01:42 PM
Thanks for your template but also please include IV's name wherever possible so that they can contact IV for a full coverage.
I Used their tool but sent the folllowing message
Greetings. My name is XXXXXXXXXXXXX. I
am a citizen of India and have been living in the United States for close
to 7 years on a H1b visa and work as a Senior Software Consultant catering
to various Ammerican clients and my employer is located in Irving, Texas.
My Green Card petition was filed by my employer under the EB2 category and
my I 140 petition has been approved, but I am unable to file for i485
(Adjustment of Status) because visa numbers are not available. My wife is
also on a H1b visa and is a first year resident physician at a Community
Hospital in Brooklyn, New York on a H1b visa.
Based on the fact that we have been law abiding tax paying legal
immigrants, we would like to reach out to you and let you know our issues.
Our main issue is career stagnation. Unavilability of visa number
(retrogression) locks us up with the same employer for years together and
does not allow us to grow careerwise and unable to make critical and life
decisions.
We duly understand that there is a 7% per country upper limit when
Visa numbers are allocated and the fact that India and China has been over
subscribed. These caps and limits are hurting us. STRIVE ACT and SKIL
Bill have provisions to raise the cap and we would like to support these
bills and the provisions.
High tech and health care are sectors where highly skilled immigrants
from all over the world are attracted to and want to contribute in the
best ways we can to pursue our American dream. We would like to contribute
to the growth and development of America in the best possible way. Please
support us and help us in our cause.
Sincerely,
XXXXXXXXXXX
718XXXXXXXX
I Used their tool but sent the folllowing message
Greetings. My name is XXXXXXXXXXXXX. I
am a citizen of India and have been living in the United States for close
to 7 years on a H1b visa and work as a Senior Software Consultant catering
to various Ammerican clients and my employer is located in Irving, Texas.
My Green Card petition was filed by my employer under the EB2 category and
my I 140 petition has been approved, but I am unable to file for i485
(Adjustment of Status) because visa numbers are not available. My wife is
also on a H1b visa and is a first year resident physician at a Community
Hospital in Brooklyn, New York on a H1b visa.
Based on the fact that we have been law abiding tax paying legal
immigrants, we would like to reach out to you and let you know our issues.
Our main issue is career stagnation. Unavilability of visa number
(retrogression) locks us up with the same employer for years together and
does not allow us to grow careerwise and unable to make critical and life
decisions.
We duly understand that there is a 7% per country upper limit when
Visa numbers are allocated and the fact that India and China has been over
subscribed. These caps and limits are hurting us. STRIVE ACT and SKIL
Bill have provisions to raise the cap and we would like to support these
bills and the provisions.
High tech and health care are sectors where highly skilled immigrants
from all over the world are attracted to and want to contribute in the
best ways we can to pursue our American dream. We would like to contribute
to the growth and development of America in the best possible way. Please
support us and help us in our cause.
Sincerely,
XXXXXXXXXXX
718XXXXXXXX
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bhayzone
04-02 06:45 PM
Hi,
My wife is on an H4 and we're planning to change her status to F1.
Now my H1, thus her H4 is up for renewal soon (I have another 3 yrs on my H1).
I will very soon be transferring my H1 to a new company.
I am worried about the implications this might have on the H4 to F1 transfer.
1] When my new company transfers the H1, will they also file for renewal? Or will they only transfer and later renew seperately.
2] Assuming that we change the current H4 to F1, then will we have to renew the F1 too when my wife's H4 is transferred (due to my H1 transfer).
3] Is it better to transfer to F1 from the current H4 , or wait for the new H4 for the transfer.
All advice/suggestion would be really appreciated.
My wife is on an H4 and we're planning to change her status to F1.
Now my H1, thus her H4 is up for renewal soon (I have another 3 yrs on my H1).
I will very soon be transferring my H1 to a new company.
I am worried about the implications this might have on the H4 to F1 transfer.
1] When my new company transfers the H1, will they also file for renewal? Or will they only transfer and later renew seperately.
2] Assuming that we change the current H4 to F1, then will we have to renew the F1 too when my wife's H4 is transferred (due to my H1 transfer).
3] Is it better to transfer to F1 from the current H4 , or wait for the new H4 for the transfer.
All advice/suggestion would be really appreciated.
sunny26
02-26 12:19 PM
today atlast my 140 approved nsc dec2006 eb3
kami97
06-10 01:40 PM
Help!
Took TST last week, positive (16mm), X-ray negative, civil surgeon marked "Class B, Latent TB Infection" on I-693, and gave me a notes saying that since May 2008, TST>10 will be marked with LTBI, and advised me to go to Health Department.
Same as many of you guys, had taken vaccines when young. Have been in US for 11 years. Pretty sure I don't have TB. What should I do? Does LTBI affect 485 approval? How about AP/EAD? Will USCIS ask for evidence of TB treatment?
Thank you very much!
Took TST last week, positive (16mm), X-ray negative, civil surgeon marked "Class B, Latent TB Infection" on I-693, and gave me a notes saying that since May 2008, TST>10 will be marked with LTBI, and advised me to go to Health Department.
Same as many of you guys, had taken vaccines when young. Have been in US for 11 years. Pretty sure I don't have TB. What should I do? Does LTBI affect 485 approval? How about AP/EAD? Will USCIS ask for evidence of TB treatment?
Thank you very much!
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