вторник, 7 июня 2011 г.

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  • xbohdpukc
    01-09 02:11 PM
    why are we assuming that the parents are illegals?? as far as I know, it has not been reported anywhere in the media that the parents were here illegally. if it has, please post relevant links.

    as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?

    For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....

    legal resident is incorrect term for tax purposes. IRS treats you as a resident for tax purposes. LEGAL/ILLEGAL terms are borrowed from the immigration law realm and I believe that it was the intent of the contest rules. I also agree with the point, that TRU were just following the rules and they should not have changed their stance on the matter.




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  • amitjoey
    05-28 12:27 PM
    Greatly apprecite if anyone can give their inputs...

    I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?

    So my query is...

    1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).

    Any inputs will be greatly apprecited....


    PD With DEC 2006: IF you are from a retrogressed country, unless there is any overhaul in the precent process, or new visas added by way of new laws, you are looking at atleast 3 years of wait. Why would you want to withdraw it right now, wait for another 2-1/2 years. If suddenly you notice the dates jumping, then you can decide to withdraw.
    In the meantime, get 3 years extension on your H1, based on approved I140.
    Check w/lawyer.




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  • miguy
    03-16 08:37 AM
    guys I am in a similar boat....unfortunately, my wife did not get matched this year because we were only trying for programs that sponsor H1....We have heard bad stories about J1.....but in that process she missed getting a residency spot this year......do you guys mind sharing which hospitals your wives are doing their residency at?.....any suggestions for us?....do they know of any open positions?

    thanks




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  • knowDOL
    08-23 09:44 AM
    I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.

    See this Q&A from Mathew Oh:

    # Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?

    A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
    The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)



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  • aamchimumbai
    08-04 08:44 PM
    similar sit and my 485 was accepted with older pd!
    what you say maybe true, but pls don't say it so confidently unless your are an attorney!

    Hello a1b2c3,

    When you say similar situation....

    .....Was your newly filed I-140 approved OR pending before you applied for I-485? Also, which center did you apply your I-485?

    Thanks




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  • freedom_fighter
    01-14 09:26 PM
    i used hopeforhaiti.com, they use paypal.



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  • ebizash
    09-30 12:00 PM
    Ken,

    The reason that the USPS is not showing your documents delivered could be many. One of the biggest reasons that I have experienced is "unable to scan the bar code". This is more probable if you had printed the mailing label and affixed it on the envelope with a tape. Sometimes the tape can overlap the bar code making the bar code difficult to be scanned. I frequently use USPS priority mail and in about 10% of the cases this happens. But I never had a lost priority mail piece.

    Additionally the fact that you had a soft LUD on 9/28, I would think that LUD was for the reason that USCIS received the documents. I had applied AP online on the same date as you did, sent docs via priority mail the next day. USPS showed that the documents delivered on 9/25 and had soft LUDs on 9/25 and 9/28.

    Hope this helps!




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  • trueguy
    08-11 11:48 AM
    Bump



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  • villamonte6100
    11-02 08:45 AM
    And how does this news add any values to our issues here ????

    Good on you mate!!!!!




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  • wandmaker
    03-26 01:19 AM
    My employer had mentioned a salary of 87,000$ in my labor.

    Other folks have given the answers to your question. Just to summarize, as long as your current salary is >= H1B LCA you are fine and GC LCA rate applies only after you get GC. Till then chill out and BTW - Lighter note, If you are moving to similar or same job with another employer and invoking AC21, make sure you are getting paid greater than or equal to 87K/Year. Thats my two cents.



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  • amsgc
    05-29 08:13 PM
    The highlighted statement doesn't seem to be correct. You can have more than one employer file an H-1B petiton for you.
    Until the time you left your university employer, you were in status with the original H-1B (cap exempt).
    Now, you need to either get the job back at the university, or ask the consultant outfit (A) to employ you.

    Could you state the reason given my USCIS for denying the H-1B petition filed by consultant (B)?

    Also, I would refrain from using the word "transfer", as there is no such thing. It is always a new petition, with request to not count it in the yearly cap.


    Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.

    USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval

    This is not a legal advise. Please get in touch with a immigration attorney.




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  • Nil
    07-03 11:40 AM
    Can we have a conservative idea of the net worth of all folks in the queue.
    It can be a compelling arguement on how much folks have built from SCRATCH in this country.



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  • smuggymba
    09-16 07:45 PM
    Here is the scenario.

    If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.

    If the company B can file for an AC21 at the earliest, that is the best option you have with you.

    Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.

    So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.

    You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.

    I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.

    It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.

    Do not take chances. Do it in the legal way as much as possible.

    Good Luck to all of you

    Imagine if everyone uses bold font:mad:




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  • krupa
    05-10 09:53 PM
    It was happenned to me also when I use my laptop which has Vista O/S. But when I tried in another system with windows XP , I did not find any problem.

    I tried that too.I provided the petition details and clicked submit button. Then it takes me to save and exit buttons there is no continue button.

    Let me try once again. Any more inputs.....


    Thank you

    Amul



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  • gjoe
    08-20 08:44 PM
    :)




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  • english_august
    09-10 07:40 AM
    Please use expedited shipping to place your orders before 12 PM EST on Monday.



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  • freeskier89
    01-02 02:29 AM
    Megaswf.com seems to work :)




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  • grupak
    11-09 12:33 PM
    Have analytical and writing (mostly scientific research journal type) skills. Would be glad to help where I can.




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  • newbee7
    07-05 07:26 AM
    Ombudsman had correctly predicted this fiasco back in June before the dates were made current:

    There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38

    http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf
    USCIS is evaluated based on backlogs. They wanted to avoid the backlogs that would be seen if all were able to apply in July.




    yabadaba
    06-14 08:04 PM
    lets say we dont apply for ead and ap now...will that affect filing ead and ap in the future if the priority dates retrogress?




    brentrh
    May 2nd, 2005, 02:34 PM
    Look great to me. Slowing the shutter speed and panning will give you illusion of motion but it is hit or miss be prepaired for a lot of misses.



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