Stan09
03-24 02:56 AM
Hello all,
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
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heywhat
08-15 03:08 AM
Your priority date is Aug-2007 and all categories are unavailable in August Visa bulletine....
:(
I applied for my PERM Labor Certification on 06-Aug-2007. My status online shows "APPROVED"on 13-Aug-2007. My Lawyer says that the HARD COPY is needed to move forward (My priority date is Jan-2006 from a prior Labor/I-140 approval).
1. How long does it usually take for the Hard copy to reach the attorney's office after approval.
2. Is there any way I can apply for I-140/485 by August 17th given that my status shows "APPROVED" as of today (August 14th).
Any suggestions?
:(
I applied for my PERM Labor Certification on 06-Aug-2007. My status online shows "APPROVED"on 13-Aug-2007. My Lawyer says that the HARD COPY is needed to move forward (My priority date is Jan-2006 from a prior Labor/I-140 approval).
1. How long does it usually take for the Hard copy to reach the attorney's office after approval.
2. Is there any way I can apply for I-140/485 by August 17th given that my status shows "APPROVED" as of today (August 14th).
Any suggestions?
sundar61982
08-06 04:41 PM
Got email approvals on our I485 with PD of Mar10 2006 on EB-2..
For myself:
On August 5, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
For my spouse:
On August 5, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
For myself:
On August 5, 2010, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.
For my spouse:
On August 5, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
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Prashanthi
07-06 05:45 PM
The USCIS will honor the procedure to register births or do a name change in the home country, i suggest you submit the documents that you referred to and also get a local attorney to attest to the local law in such matters citing the proper section of the law. Name change before the Court should be sufficient but better to get this verified.
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gc_bulgaria
09-26 03:03 PM
Anyone?:(
gcseeker2002
01-07 10:28 AM
Like many others we have been waiting for our AOS application to be approved for over 2 years. But the strange thing is, I did get an EAD approved but they never called me in for fingerprinting and Biometrics. I know I had to do the non-immigration "registration" that was initiated a few years ago and they had taken my fingerprints and biometrics, is that why they didn't call me in again? since they already have it?
Good to know this !
Good to know this !
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raysaikat
05-07 11:46 AM
help me with this guys: My employer applied for an H-1B under the Master's cap, but I've been RFE'd. I think this is cause the job is classified as only requiring a Bachelor's degree. If that is the case, would it be possible to withdraw my application and reapply under the regular cap? Is this a good idea? And am I right that there are tougher requirements for being accepted in the Master's cap than the regular cap?
I'm meeting with my boss tomorrow to discuss this so please reply quick!!!
Yes, the job does not have to require an M.S. degree:
http://www.murthy.com/news/n_faqh1b.html
I'm meeting with my boss tomorrow to discuss this so please reply quick!!!
Yes, the job does not have to require an M.S. degree:
http://www.murthy.com/news/n_faqh1b.html
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snhn
11-06 11:05 AM
here is what uscis says about lud
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message
For all the folks who have done FP and have received their EADs, did anyone ofyou got any LUDS on your AP case since the receitp date. If so, please let us know how many LUDS and how often you go them.
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message
For all the folks who have done FP and have received their EADs, did anyone ofyou got any LUDS on your AP case since the receitp date. If so, please let us know how many LUDS and how often you go them.
more...
leonqiu
03-06 01:37 PM
Gurus, business in my company is getting really slow and everyone is saying that some sort of lay-off is imminent. Although I am actively looking for new job, I find that the timing issue is hard to deal with.
My question is that: in the event of lay-off or firing and I don't have a new job lined up for me, do i have some "buffer" time to keep searching and landing for a job? Or do I immediately loose status?
I remember I read some guidances on this in this forum, and will be grateful if someone can point me to the right thread.
Thanks,
My question is that: in the event of lay-off or firing and I don't have a new job lined up for me, do i have some "buffer" time to keep searching and landing for a job? Or do I immediately loose status?
I remember I read some guidances on this in this forum, and will be grateful if someone can point me to the right thread.
Thanks,
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Blog Feeds
03-31 12:40 PM
We are very busy these days trying to beat the H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) rush. While we fell that visas will not run out on April 1, 2010, clients are anxious to get their cases out the door. We promise to deliver.
Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.
There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.
Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.
More tips in later posts, good luck filing the H1's tomorrow.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)
Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.
There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.
Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.
More tips in later posts, good luck filing the H1's tomorrow.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)
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YetAnotherDesi
12-25 12:13 AM
Friends,
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140? If yes, would she continue in F1 status (or what will her status be?).
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140? If yes, would she continue in F1 status (or what will her status be?).
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
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joydiptac
05-14 11:53 AM
Putting lipstick on a Green Card does not make the backlogs go away.
Focus... USCIS Focus!:D
What difference does it make black, blue, green, yellow, pink. :D
Focus... USCIS Focus!:D
What difference does it make black, blue, green, yellow, pink. :D
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Blog Feeds
10-28 01:10 PM
AILA Leadership Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
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gcdreamer05
12-10 05:50 PM
Hi Folks,
I recently got my h1b extension approved. and on the approval notice i read the following lines of text,
"The petitioner may also file Form I-824, Application for action on an approved petition with this office, to request that we notify a consulate, port of entry or pre-flight inspection office of this approval"
Has anyone tried doing this I-824 to notify the consulate where we planned to do H1b extension stamping. Will this work to avoid PIMS delay?
And has anyone recently done h1b extesnion stamping in chennai consulate?
I am in deliberate need of doing this because i may lose my project if i get stuck for a long time in consulate abroad, at the same time i feel safe with a stamping and hence want to go for stamping.
Please share your comments.
-Dreamer.
I recently got my h1b extension approved. and on the approval notice i read the following lines of text,
"The petitioner may also file Form I-824, Application for action on an approved petition with this office, to request that we notify a consulate, port of entry or pre-flight inspection office of this approval"
Has anyone tried doing this I-824 to notify the consulate where we planned to do H1b extension stamping. Will this work to avoid PIMS delay?
And has anyone recently done h1b extesnion stamping in chennai consulate?
I am in deliberate need of doing this because i may lose my project if i get stuck for a long time in consulate abroad, at the same time i feel safe with a stamping and hence want to go for stamping.
Please share your comments.
-Dreamer.
more...
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gparr
April 22nd, 2004, 10:04 AM
I like this shot but two questions: Should I have more DOF on the string of flowers and is there too much flash? Any other thoughts appreciated.
Gary
http://www.dphoto.us/forumphotos/data/500/153bleedingheart1.jpg
Gary
http://www.dphoto.us/forumphotos/data/500/153bleedingheart1.jpg
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H1B-GC
05-28 11:40 AM
Delete
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frostrated
12-01 04:25 PM
you cannot file two 485s. what you can do is get till the 140 stage, and then port the old 485 to your 140.
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missourian
06-25 05:18 PM
Please see other thread on similar topic...please do not start new threads without researching exisitng threads...moderators please lock this thread or merge with the existing thread.
IMHO the other thread talks about travelling if you have a valid H1B, this thread talks about going to a us consulate to get H1B stamped during your 485 pending
Am I correct?
IMHO the other thread talks about travelling if you have a valid H1B, this thread talks about going to a us consulate to get H1B stamped during your 485 pending
Am I correct?
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tabletpc
11-12 10:48 AM
I recently took up a fulltime job and I was told that drug test will be taken few days before the join date. Also the employment is contegent upon succefull drug test and background test.
My concern is, I need to give 2 week notice to my present employer . If drug test and background test are not done before 2 weeks of join date, how can I be sure things don't go wrong for some or the other reason in checking. My records are clean in US and I don't forcee any problem.
SO is this common to conduct drug test few days before join date...??
My concern is, I need to give 2 week notice to my present employer . If drug test and background test are not done before 2 weeks of join date, how can I be sure things don't go wrong for some or the other reason in checking. My records are clean in US and I don't forcee any problem.
SO is this common to conduct drug test few days before join date...??
dummgelauft
11-01 03:59 PM
It is a good sign, you are still in the system!!
(1) It is most likely 2nd F/P notice or an RFE. It could mean that your case is being pre-adjudicated.
(1) It is most likely 2nd F/P notice or an RFE. It could mean that your case is being pre-adjudicated.
pd_recapturing
04-21 11:26 AM
I am also in same situation where my salary is much less than what is mentioned in LC. I am not sure if its going to affect my 485 application. I have got my 140 approved though. I have asked this question to attorneys and forums and everybody has the same opinion that GC is for future job so it should not matter if one's wages are not matching with LC.
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