PD073102VA
05-21 06:45 PM
Yes, you will be allowed to get one year extensions if your labor certification was filed before the start of your sixth year. But still you need to get clarfication from an attorney. I talked to one and she told me that since mine was filed RIR and passed the state stage and I was safe but if you filed in Non-RIR and no recruiting has been done then you may not be safe.
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hopefulgc
03-14 10:09 AM
Ask for 3 year validity also.
Also if the guy is renewing ead/ap, it can and should happen electronically.
Guys,
I guess we are here long on waiting for our green cards in the mean time I am suggesting we do a letter campaign to write in thousands to the USCIS director and lodge our protest about the problem the immigrant community is facing because of delays and irregularities in adjudication of EADs and APs. First and foremost things is a document which USCIS takes 6 months to Adjudicate is valid for 1 year which makes no sense.
Secondly USCIS should make efforts to make adjudicate it in not more than 2 months since we have to make travel plans etc. We should not be bounded by these documents. If for some reason it takes more than 2 months than 1 should able to get it via infopass, and a family member's death should not be the only reason to get the AP we are human beings and we have other social bondings too like marriages etc. I urge the core team to take steps to come forward a begin a campaign.... I guess this is the foremost need of the moment for 1000s of us..
Also if the guy is renewing ead/ap, it can and should happen electronically.
Guys,
I guess we are here long on waiting for our green cards in the mean time I am suggesting we do a letter campaign to write in thousands to the USCIS director and lodge our protest about the problem the immigrant community is facing because of delays and irregularities in adjudication of EADs and APs. First and foremost things is a document which USCIS takes 6 months to Adjudicate is valid for 1 year which makes no sense.
Secondly USCIS should make efforts to make adjudicate it in not more than 2 months since we have to make travel plans etc. We should not be bounded by these documents. If for some reason it takes more than 2 months than 1 should able to get it via infopass, and a family member's death should not be the only reason to get the AP we are human beings and we have other social bondings too like marriages etc. I urge the core team to take steps to come forward a begin a campaign.... I guess this is the foremost need of the moment for 1000s of us..
gcgonewild
08-15 02:16 PM
Unless:
i) Has company A paid you all your wages?
If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
ii) Content of Non-Compete agreement:
If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
iv) LCA for new work location:
If you work for more than 6 months in a county, new LCA should be applied for that location.
Try to negotiate with A. Usually these lawsuits don't run their course.
Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.
If all fails, You MUST consult an attorney.
IMHO, you should've consulted before you took the job.
i) Has company A paid you all your wages?
If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
ii) Content of Non-Compete agreement:
If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
iv) LCA for new work location:
If you work for more than 6 months in a county, new LCA should be applied for that location.
Try to negotiate with A. Usually these lawsuits don't run their course.
Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.
If all fails, You MUST consult an attorney.
IMHO, you should've consulted before you took the job.
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shishya
04-30 12:57 PM
Why is the issue date matter?
When was the birth registered? If it says recently, then you should go thru the process.
If the birth was registered proerly at right time, you will not have problems.
Reissuance of birth certificates are very common. Expecting one to own 27 years old document is ridiculous.
The birth was registered just two months later -- but from what I've been reading the issue date (being so recent) does raise some eyebrows as well. The question posed is ... why haven't you tried to get a 'correct' birth certificate issued so far and only got it issued last month for US immigration purposes.
To be really safe, our lawyer is requesting we get affidavits sworn as well.
When was the birth registered? If it says recently, then you should go thru the process.
If the birth was registered proerly at right time, you will not have problems.
Reissuance of birth certificates are very common. Expecting one to own 27 years old document is ridiculous.
The birth was registered just two months later -- but from what I've been reading the issue date (being so recent) does raise some eyebrows as well. The question posed is ... why haven't you tried to get a 'correct' birth certificate issued so far and only got it issued last month for US immigration purposes.
To be really safe, our lawyer is requesting we get affidavits sworn as well.
more...
mdipi
10-22 08:34 PM
i am making another image for my site, but i wanna have links ON the image, how do i do this? I am using PS7 by the way!
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-mike:cyclops:
gbof
10-15 02:01 PM
Anybody having experienced RFE after rfe.
I responded to a very simple rfe (asked to provide approval of form I-612) and after that online staus is 'response recd--case being processed ...blah..blah. Should it be a done deal? Pl, share your thoughts
I responded to a very simple rfe (asked to provide approval of form I-612) and after that online staus is 'response recd--case being processed ...blah..blah. Should it be a done deal? Pl, share your thoughts
more...
h1b_forever
09-13 02:08 PM
It is so frustrating to not have a receipt for Jul2 filing yet. Should be poll to see how many are still waiting
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gc_chahiye
11-29 04:38 PM
Hello Gurus,
I got an RFE email yesterday for "additional evidence and/or information" for my pending I-485 (filed Jan 05 for Jun03PD, approved I-140). Hope to get the RFE letter by next week. I am hoping that the RFE is for the usual EVL/pay-stubs/tax-returns/ question.
Meanwhile I have travel plans starting Dec 13th. So want to get the answers/requested documents to the attorney before I leave. Since my status is still AOS(pending I-485) and I have a valid AP, I am assuming there should be a problem at the POE ? what you guys think?
thanks.
Yes, you can re-enter on AP even if your 485 gets approved in your absence. Carry your AP, 485 receipt copy etc with you.
Only potential for trouble is if your 485 gets denied for some reason. Then the only way to re-enter would be some visa...
I got an RFE email yesterday for "additional evidence and/or information" for my pending I-485 (filed Jan 05 for Jun03PD, approved I-140). Hope to get the RFE letter by next week. I am hoping that the RFE is for the usual EVL/pay-stubs/tax-returns/ question.
Meanwhile I have travel plans starting Dec 13th. So want to get the answers/requested documents to the attorney before I leave. Since my status is still AOS(pending I-485) and I have a valid AP, I am assuming there should be a problem at the POE ? what you guys think?
thanks.
Yes, you can re-enter on AP even if your 485 gets approved in your absence. Carry your AP, 485 receipt copy etc with you.
Only potential for trouble is if your 485 gets denied for some reason. Then the only way to re-enter would be some visa...
more...
jungalee43
01-11 03:27 PM
Nice to know and good luck to all of you. Hope it helps.
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Whitemonkey
07-15 10:45 PM
This is a hard call. I would probably wait for the EAD before deciding which one to cancel. you might be canceling one that is about to send you your EAD. It is risky.
more...
munnu77
04-29 08:44 PM
-
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wandmaker
04-27 03:24 PM
Hi all,
I took today an Infopass to ask about the status of my I-485 (EB3 ROW, filled in July 2007, PD 12/2005). The IO told me that the case is pre-adjudicated under review and that, since there are no visa numbers available, the case will resume normal processing in October 2009 and that there is no reason to ask about the status anymore until that time. Can anybody explain what "pre-adjudicated under review" means ?
Thank you !
pre-adjudicated - As of writing, your case is good-to-go and subject to fbi name check & visa number availability.
under review - It may once be reviewed fully or partially before requesting for a visa number when available
I took today an Infopass to ask about the status of my I-485 (EB3 ROW, filled in July 2007, PD 12/2005). The IO told me that the case is pre-adjudicated under review and that, since there are no visa numbers available, the case will resume normal processing in October 2009 and that there is no reason to ask about the status anymore until that time. Can anybody explain what "pre-adjudicated under review" means ?
Thank you !
pre-adjudicated - As of writing, your case is good-to-go and subject to fbi name check & visa number availability.
under review - It may once be reviewed fully or partially before requesting for a visa number when available
more...
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forgerator
06-10 10:30 PM
Reason is probably they discovered your employer is doing similar crap with other employees.
Right now there is zero tolerance for these kind of abuses by employers.
Right now there is zero tolerance for these kind of abuses by employers.
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Saralayar
08-16 11:01 AM
i dont see any of the above said...:o..how lond does it take for us to receive rn in hand after the checks are cashed...I am starting to worry now.If everybody can see the rn why icant i!:o...The uscis cs is not telling the status...Is there a possiblity of appl rejection even after the checks are cleared.:confused::confused:
Thanks.
I don't know why guys are so anxious about the reciept number. When they get the reciept number mail, they are going ot have all the details. Unnecessary anxious. What you guys are going to do with your reciept number known early?. Is it going to speed up your GC process?. Be cool and wait. You will get everything...
Thanks.
I don't know why guys are so anxious about the reciept number. When they get the reciept number mail, they are going ot have all the details. Unnecessary anxious. What you guys are going to do with your reciept number known early?. Is it going to speed up your GC process?. Be cool and wait. You will get everything...
more...
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Roger Binny
09-14 10:38 PM
Any attorney involvement is there during the porting request ?
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meridiani.planum
05-05 04:50 PM
I wanted to know that what impact does one have for calling IO's multiple times.
.
* pain in the fingers
* worn out buttons on the phone
* high phone bill (if you call from a cellphone and are billed by the minute)
.
* pain in the fingers
* worn out buttons on the phone
* high phone bill (if you call from a cellphone and are billed by the minute)
more...
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testtesttest
07-17 06:32 PM
just called her and thanked her for her efforts.
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svreddy
03-05 09:34 AM
also in same situation. Recently did a interfile from EB3 to EB2 ( diff employer ). No update yet. There is a soft LUD on my I 485 but no update in status. Did any one ported recently ?
Thanks
Thanks
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calgirl
05-25 07:50 PM
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
sandy_77
06-20 11:51 AM
I would like to appeal to all the people who want to travel outside the country and would need a new visa stamp to come back to US....please...please...please do not take this risk unless it is a family emergency (a life and death situation rather than a brother,sister getting married). Per the new rules all of us have to pass through many checks (such as PIMS, NAME CHECK, SECURITY CLEARANCE, ETC.). Contrary to popular belief PIMS is the simplest of all. You will possibly get a PIMS clearance within a month (usually 5 days). However, if you get stuck because of other checks, only God can help you. People (more than a couple of thousand at any given time during these days) are stuck at the consulates in India for two months or more (these days waiting time exceeds 4 months in normal cases and I am one of them). Some guys have been given visas after 1.5 years. Also, contrary to what most lawyers would have you believe that only those people get stuck who have done something wrong, I can assure you that there are very few cases (possibly less than a 5% of the total) who have been outright rejected even after significant delays for security clearances. These lawyers have just surrendered before the DOS/DHS...possibly avoiding burning bridges with the government rather than protecting human rights and civil liberties. God forbid if you get stuck for reasons other than PIMS, anything you can ever know from consulate/DOS after that is that your case is pending in "additional administrative processing" for security clearance. No more no less and you probably have no right to demand transparency. Not even your local congressman/senator can save you then from the harassment that the DOS thinks you deserve for being a third world citizen.
Sorry for being so brazen but I am tired of all these travel related questions. Somehow I think some of like to challenge the consulate/DOS OR our luck (like I did...but I didn't even know that there is a best like AAP out there waiting for me...of course ignorance is not an excuse either).
Sorry for being so brazen but I am tired of all these travel related questions. Somehow I think some of like to challenge the consulate/DOS OR our luck (like I did...but I didn't even know that there is a best like AAP out there waiting for me...of course ignorance is not an excuse either).
sachuin23
03-19 02:20 PM
Mine was filed in Jan and still waiting :).....
