casinoroyale
03-18 09:40 AM
I also don't think this is true. After you get your 3-year H1B extension beyound the 6-year limit and say your 485 gets denied while you are in 7th year, you can still stay and work for the rest of the 2 years on your H1B and use those 2 years to file for new LC etc.
Gurus, please advise, with the slew of mistaken 485 denials this is an important point to clarify.
He will be out of status. Your 3 year extension beyond the allowed 6 years is based on that LC/I-140 from which your I-485 was filed. If the I-485 is rejected you have no right to stay beyond 6 years.
It is best to not use more than 3 years of H-1 if you have a pending I-485. That way you have 3 more years of H-1 in case you get rejected. The pending I-485 gives you unlimited time in the form of EAD/AP. Dont waste your H-1 time.
It only makes sense to keep H-1 while you have AOS if your country of chargeability is ROW, which is usually current. If your country is backlogged, it will most likely extend your H-1 over six years. Please consult a proper immigration attorney before you do anything.
Gurus, please advise, with the slew of mistaken 485 denials this is an important point to clarify.
He will be out of status. Your 3 year extension beyond the allowed 6 years is based on that LC/I-140 from which your I-485 was filed. If the I-485 is rejected you have no right to stay beyond 6 years.
It is best to not use more than 3 years of H-1 if you have a pending I-485. That way you have 3 more years of H-1 in case you get rejected. The pending I-485 gives you unlimited time in the form of EAD/AP. Dont waste your H-1 time.
It only makes sense to keep H-1 while you have AOS if your country of chargeability is ROW, which is usually current. If your country is backlogged, it will most likely extend your H-1 over six years. Please consult a proper immigration attorney before you do anything.
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chanduv23
12-10 02:10 PM
What if you are working on EAD on pending 485? What would be the acceptable document?
msp1976
04-21 07:11 AM
how about www.taxpayinghandcuffededucatedslaves.org
what about www.hitechslaves.com
You guys really have to give a deep thought before you suggest names that contain the word slave....
The argument goes like this : America is a great country. We do not want slavery. Slave labor would undercut citizen salaries. Slave labor should be abolished..Hey..These people call themselves slaves...Let's abolish H1B program...H1b must be abolished...
Now see where the argument ended up...Think completely what you are getting into...
what about www.hitechslaves.com
You guys really have to give a deep thought before you suggest names that contain the word slave....
The argument goes like this : America is a great country. We do not want slavery. Slave labor would undercut citizen salaries. Slave labor should be abolished..Hey..These people call themselves slaves...Let's abolish H1B program...H1b must be abolished...
Now see where the argument ended up...Think completely what you are getting into...
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walking_dude
03-20 10:29 AM
I for one will not be surprised. These undocumented immigrants march in thousands at their rallies [even though they face chances of deportation]. They are active in talking to media and getting publicity for their cause. They are also more actively contributing to help their cause. They have very strong backers - Agri-business, fast-food chains, restaurant owners, construction business , and immigration attorneys [ who will make lot of money if Z-visa gets passed], strong ethnocentric groups with considerable political clout, and many of them have US citizen relatives [who vote]
On the other hand, support of many immigration attoneys to EB immigration is half-hearted, high-tech employers care more about increasing H1B quota. Like it or not - IV is the only organization that is 100% devoted to EB immigration and working for our cause. Given this reality, IV should have got full support monetary and participation from 25,000 strong community here. As we know, only a minority of the community are doing all they can to help IV achieve its goal.
If we are not doing enough to help our cause, what right to we have to blame others for not helping us? In a way, we do deserve the step-motherly treatment for all the lethargy our community shows in standing up for its issues, and demanding a solution.
We will see and will be surprised to see that an illegal will be granted a status independent of an employer and will also have the travel permit and he/she can live here forever renewing his status.
On the other hand, support of many immigration attoneys to EB immigration is half-hearted, high-tech employers care more about increasing H1B quota. Like it or not - IV is the only organization that is 100% devoted to EB immigration and working for our cause. Given this reality, IV should have got full support monetary and participation from 25,000 strong community here. As we know, only a minority of the community are doing all they can to help IV achieve its goal.
If we are not doing enough to help our cause, what right to we have to blame others for not helping us? In a way, we do deserve the step-motherly treatment for all the lethargy our community shows in standing up for its issues, and demanding a solution.
We will see and will be surprised to see that an illegal will be granted a status independent of an employer and will also have the travel permit and he/she can live here forever renewing his status.
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talash
05-21 06:37 PM
My i 140 is denied on A2P issues.Ive filed MTR.Any one knows how long it takes to hear back from them on MTR.anf if MTR gets denied can i file new 140 using same old labour ?some one help please >>>
BharatPremi
12-09 04:27 PM
all that stuff comes in at I-140 stage. During PERM/LC they dont care about his qualifications, its the job that is being certified.
See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.
Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.
Yes audit questions seem to be hinting screw up from employer side but then also it can not be judged exactly on the same line without going into detail of provided job classification, job requirement and furnished docs from employee.Now all of the areas you mentioned are crucial from employer side and in addition to that "employee's degree" evaluation is also done at labor stage,(PERM or OLD LC). Please see following link.
http://www.usabal.com/permres/PERM_Overview.html
Now logically screw up can occur at one of the two or both segments. "Employee side related docs and process" and "Employer side docs and process". I was kind of trying to know whether poster might not have screwed up anything from his side. You covered the areas "from employer side" - whether it may be business necessity and/or recruitment results. Now if employee's docs have conflict with any of "business necessity" for an example evaluation cert depicts MS (Electrical Engineering) and "business necessity" is to hire "MS (Computer science) then also it could create the problem. In such case employer/lawyer if can establish that MS (Electrical) can also that job then matter is finished..
See the audit questions again, all relate to justifications that the requirements are really needed for the job advertised. ie. when the job ad said MS+2 Years is needed, DOL wants to know why this job requires MS+2 Years of experience. His lawyer is right, a more conservative approach to job requirements (MS+0 or BS+5 for EB2 is much more easier to defend). As you increase the minimum job requirements, it reduces the pool of available candidates who can apply for the job. DOL wants to make sure the minimum requirements are really valid, and not set artificially high simply to reduce the pool of candidates.
Basically your LC sponsor needs to be able to justify all requirements posted for the job (education, experience, specific skills) else you can be in trouble.
Yes audit questions seem to be hinting screw up from employer side but then also it can not be judged exactly on the same line without going into detail of provided job classification, job requirement and furnished docs from employee.Now all of the areas you mentioned are crucial from employer side and in addition to that "employee's degree" evaluation is also done at labor stage,(PERM or OLD LC). Please see following link.
http://www.usabal.com/permres/PERM_Overview.html
Now logically screw up can occur at one of the two or both segments. "Employee side related docs and process" and "Employer side docs and process". I was kind of trying to know whether poster might not have screwed up anything from his side. You covered the areas "from employer side" - whether it may be business necessity and/or recruitment results. Now if employee's docs have conflict with any of "business necessity" for an example evaluation cert depicts MS (Electrical Engineering) and "business necessity" is to hire "MS (Computer science) then also it could create the problem. In such case employer/lawyer if can establish that MS (Electrical) can also that job then matter is finished..
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anilsal
09-28 08:15 PM
Approvals for Mid-may have started now. They are in that region. July cases would be Nov/Dec.
I am telling because my mid-may I-140 case got approved today. I am from retrogressed country. So cannot file I-485.
Atleast you are able to file it, then why are you restless? Go have a beer!
I am telling because my mid-may I-140 case got approved today. I am from retrogressed country. So cannot file I-485.
Atleast you are able to file it, then why are you restless? Go have a beer!
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skd
08-22 11:40 AM
It seems like except for one or two people here, individuals who have applied directly at TSC on 2nd July are getting their checks cashed/receipts this week.
It would be helpful to know if they are done with the transfer of 2nd July cases from NSC to TSC; if so, when and based on that, we can make some educated estimates.
Mine was applied directly to TSC and I am still, waiting
It would be helpful to know if they are done with the transfer of 2nd July cases from NSC to TSC; if so, when and based on that, we can make some educated estimates.
Mine was applied directly to TSC and I am still, waiting
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rajuram
12-15 08:50 PM
Simple and Short - Unused visas go to the TRASH CAN.
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nogc_noproblem
07-09 01:24 PM
Hope it happens.
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Iamthejuggler
03-24 01:18 PM
To be honest i can't stand that grimy look anymore. I think it was more that i'm bored of the style rather than it doesn't look good.
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rb_248
02-05 10:55 AM
Guys thanks for the heads up. THis is going to be my second time at the consulate. I already got my stamping couple of years ago. Will I still have this problem?
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bkam
04-14 10:33 AM
On one hand I would not use the word "arrogance", on the other, I would be careful when advising who can say what and where. The right of free speech is an essential right, right ? :-)
So, mutual respect and understanding is a must. We are all in the same boat, tired and frustrated, let's not fight internally and keep our strength for fighting our problems.
So, mutual respect and understanding is a must. We are all in the same boat, tired and frustrated, let's not fight internally and keep our strength for fighting our problems.
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snathan
02-15 11:26 AM
I came to know about it On 12 Feb. I am not sure what it is?
I am expecting common RFE? or let me know what your thoughts.
Thanks
They might want to know if you are maintaining your status. for that they might ask the latest pay stub. It happened to me. Once I sent my pay stubs, it was approved. If you dont have the paystub, then you are in trouble.
Wait and see whats it for.
I am expecting common RFE? or let me know what your thoughts.
Thanks
They might want to know if you are maintaining your status. for that they might ask the latest pay stub. It happened to me. Once I sent my pay stubs, it was approved. If you dont have the paystub, then you are in trouble.
Wait and see whats it for.
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kshitijnt
01-25 03:12 PM
I understand that I-140 petition is violation of F1. Is this correct? If yes, why not reject I-140?
No According to my lawyer I-140 is employers petition. I-485 is your petition. You have not demonstrated immigrant intent if your employer files I-140.
No According to my lawyer I-140 is employers petition. I-485 is your petition. You have not demonstrated immigrant intent if your employer files I-140.
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TomPlate
07-16 10:44 PM
Medical Examination is going to be really bad once more. It is going to be a long queue. Keep on trying by calling the doctors and do not rely near by doctors. If you are in near by MA I suggest you Dr. Sanjeev Sharma really a great and reliable doctor we can trust. Where are you by the way????
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humdesi
12-14 12:02 AM
Can somebody explain how unused visas are recaptured?
Will unused RoW EB-1 be given to the most retrogressed category (EB-2 India)? Or will they go to EB-2 RoW? What does the law state? Will per-country quotas apply when unused visas are used?
Will unused RoW EB-1 be given to the most retrogressed category (EB-2 India)? Or will they go to EB-2 RoW? What does the law state? Will per-country quotas apply when unused visas are used?
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h_shaik
08-07 07:16 PM
Call USCIS and get your reciept number. Simple as that.
Some employers won't provide us the receipt notices for our I-485 applications. Yeah, it is supposed to be OUR application but that's how they play this game. Attorney refuses to release the RNs without employer's permission.
If we don't get our receipt notices, can we still change employer in 6 months using AC21. There must be a way out otherwise these suckers have an easy way to bypass AC21 laws...
anyone?
Some employers won't provide us the receipt notices for our I-485 applications. Yeah, it is supposed to be OUR application but that's how they play this game. Attorney refuses to release the RNs without employer's permission.
If we don't get our receipt notices, can we still change employer in 6 months using AC21. There must be a way out otherwise these suckers have an easy way to bypass AC21 laws...
anyone?
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sreeraghu
07-13 03:26 PM
one GC for each family (3 or 4) members, instead of treating as multiple GC's.
say for a family of 4 uscis is treating it as 4 GC instead they can treat this as a single GC. which will make many people eligible for GC
say for a family of 4 uscis is treating it as 4 GC instead they can treat this as a single GC. which will make many people eligible for GC
bugsbunny
05-05 01:00 PM
lol i gave you green for the helpful entertainment ;)
arihant
09-25 03:53 PM
I second to CC123. I had G-28 on everything. I got the EAD and AP directly. However, I did not get any original receipt notices from USCIS. My lawyer got the all original receipt notices.
In our case got EAD directly, but AP went to Lawyer.
In our case got EAD directly, but AP went to Lawyer.