lazycis
12-15 09:33 PM
Legalese was never my strong point. Which part says that EB-1 unused must go to EB-2 of same category, and then to EB-3?
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1),...
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1),...
(3) Skilled workers, professionals, and other workers
(A) In general
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
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dealsnet
03-20 10:30 AM
New rule is published for H1B. See the links.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fcb76962447c8110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/files/nativedocuments/H-1B_multiple_filing_ifr.pdf
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0189c9b9d87c8110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fcb76962447c8110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/files/nativedocuments/H-1B_multiple_filing_ifr.pdf
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0189c9b9d87c8110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
ItIsNotFunny
11-12 02:29 PM
Chandu, here I found the LINK (http://www.murthy.com/news/n_porret.html)
"When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued."
Redgreen, please read :)
"When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued."
Redgreen, please read :)
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mmk123
08-04 10:33 AM
Few of my friends are trying EB3 to EB2 - which is a good alternative to waiting but doing nothing.
They believe they are wrongly put in EB3 as they believe their education and job requirements match with EB2. But wrong company policy put them in EB3.
Will post if I hear back from them.
Good luck to everyone who is doing this; it's a great step! It is a step worth trying than the endless wait and should be encouraged.
They believe they are wrongly put in EB3 as they believe their education and job requirements match with EB2. But wrong company policy put them in EB3.
Will post if I hear back from them.
Good luck to everyone who is doing this; it's a great step! It is a step worth trying than the endless wait and should be encouraged.
more...
imh1b
04-20 10:04 AM
I'm gonna write too. But can someone post a draft. Instead of a letter saying please give me greencard I do not have one.... we should have a letter saying please do admin fixes and these are the fixes.
If they send it to USCIS then USCIS will not send you a reply saying your PD is not current. So we cannot do Admin fixes.
If they send it to USCIS then USCIS will not send you a reply saying your PD is not current. So we cannot do Admin fixes.
Beemar
03-18 02:07 AM
My company laid me off in one day without thinking a H1B guy has to leave the country immediatley. I asked them to buy my car, furniture and appartment lease as an obligation for fair value. ...
This is important information. Is it really true that a company laying off an H1 employee is under the obligation to buy all his household stuff, car, apartment lease etc.? If this is correct, we must share this information with others. In this economy lots of H1 guys are getting laid off. Many are selling their cars at distress values. They can benefit from this information.
This is important information. Is it really true that a company laying off an H1 employee is under the obligation to buy all his household stuff, car, apartment lease etc.? If this is correct, we must share this information with others. In this economy lots of H1 guys are getting laid off. Many are selling their cars at distress values. They can benefit from this information.
more...
vactorboy29
03-03 02:21 PM
a.w.e.s.o.m.e.
Keep in mind when you change to your new Job .Your previous labor was approved in specific job code plus your advertisement which your old company used for filing perm application. All those job requirements need to match at least by 50% or so.
Keep in mind when you change to your new Job .Your previous labor was approved in specific job code plus your advertisement which your old company used for filing perm application. All those job requirements need to match at least by 50% or so.
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maverick_neo
08-14 06:39 PM
...and you dont want to get a H-1B visa stamped because it is risky? What kind of risk does that involve? There is no risk. Just get your H-1B stamped when you go to your destination. Simple.
My F1 visa was rejected for no good reason long back, before i even came on H1B. So its kind of scary every time I have to go for visa stamping. Its very random. Guess its just the fear inside me.
So I guess its all about the risk, if or not I want to get my H1B visa stamped or just wait for the freaking AP.
My F1 visa was rejected for no good reason long back, before i even came on H1B. So its kind of scary every time I have to go for visa stamping. Its very random. Guess its just the fear inside me.
So I guess its all about the risk, if or not I want to get my H1B visa stamped or just wait for the freaking AP.
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javadeveloper
03-18 11:17 AM
Thanks all for your responses.As per my attorney I am still in status because of pending AOS.Thanks again
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sparklinks
10-17 09:27 AM
I don't think it is true. My lawyer said using AP will not invalidate H1B.
I have seen many people saying they came through AP and extended H1B , some even 3 times.
Anyway, I am travelling outside and planning to use my AP while coming back. I will post a message if I come through H1B
Thanks Buddy !! PM me when you come back plz.
I have seen many people saying they came through AP and extended H1B , some even 3 times.
Anyway, I am travelling outside and planning to use my AP while coming back. I will post a message if I come through H1B
Thanks Buddy !! PM me when you come back plz.
more...
brb2
07-19 05:24 PM
There are over 339,000 people stuck in name check - this is done for naturalization and 485. I can bet you this will be the next battle because a lot people who have filed 485 will get stuck in this black hole, where this no accountability by FBI to individuals because the "client" is USCIS and last quarter there were 400 law suits (Writ of Madamus etc) to force USCIS and FBI to do their jobs. It would be best if setting time limits for name checks are included in IVs goals now itself. No point in jumping from the frying pan if one is going to eventually land in the fire. The name check snares a lot of Indians, Chinese, middle easterners, russians etc. Most people stuck in the name check have never been involved with the law - go figure the algorithm FBI uses to trawl the ocean bed!
Another thought i had was...Before all of us june,july,august folks land up in the blackhole of FBI namechecks...Can we lobby for some kind of transparency?What in the world can make them take 4 yrs to check a persons name?Can they at least maintain a website that they update as and when a name check is completed...Please core and members,do something about this...something as effective as the campaign to accept july applicants!!while they are overhauling the system let them get it right all the way!!
Another thought i had was...Before all of us june,july,august folks land up in the blackhole of FBI namechecks...Can we lobby for some kind of transparency?What in the world can make them take 4 yrs to check a persons name?Can they at least maintain a website that they update as and when a name check is completed...Please core and members,do something about this...something as effective as the campaign to accept july applicants!!while they are overhauling the system let them get it right all the way!!
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vjonline
03-02 11:17 AM
I got this RFE more than an year back. The birth certificate that I had provided did not have my name and just said "male child". So I had to provide the following secondary information-
1) An affidavit from my grand parents. Two different ones saying that they were present at the time of my birth.
2) Affidavit from the Doctor that he was the person who performed the operation.
3) Government issued Ids like driving license showing complete name with a picture.
Hope this information helps.
1) An affidavit from my grand parents. Two different ones saying that they were present at the time of my birth.
2) Affidavit from the Doctor that he was the person who performed the operation.
3) Government issued Ids like driving license showing complete name with a picture.
Hope this information helps.
more...
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rajmalhotra
10-09 04:18 PM
We entered US in May 2007. My wife's visa stamp was expiring in Nov., but her H4 Visa was expiring in April 2008.
The Customs officer put date valid till Nov. 2007.
I went to US Customs and border protection office and showed them the original Visa. They asked to fill up new I-94 and stamped it with April 2008 Date.
Here's the link: http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/arrival_departure_record.xml
---------------------------
Q: How do I correct an Arrival-Departure Record reflecting an incorrect admission classification, biographical information or period of admission?
A: U.S. Customs and Border Protection (CBP) will review and issue the necessary documents to remedy errors recorded on the Arrival-Departure Record at the time of entry to the United States relating to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission, if appropriate.
Any designated deferred inspection location or CBP office located within an international airport should be able to assist you, regardless of where the actual document was issued. In many instances, the location of your final destination where the discrepancy will be resolved may not be the port of your first arrival into the United States. Travelers are encouraged to contact sites not located within an international airport to establish an appointment, if necessary. Mail-in procedures are not available.
Currently, there is not an approved form to request the correction of inaccurate information recorded on the I-94 or I-95 Form at the time of entry into the United States. You will need to bring the questionable I-94 or I-95 Form and documentation to support the claim that the form was not properly annotated. For example, present a passport and visa to justify an incorrect visa classification or an approved petition to support an incorrect admission period. A fee will not be assessed.
The CBP offices within the international airports and deferred inspection locations are only authorized to correct errors that occurred at the time of arrival. Requests to replace the I-94 or I-95 Form that has been lost, stolen or mutilated must be filed with USCIS.
Authorized stays that were limited at the port of first arrival by supervisory authorization as noted on the reverse side of the I-94 Form will not be corrected. Under these circumstances, you will be required to file an I-539 Form with USCIS. .
---------------------
The Customs officer put date valid till Nov. 2007.
I went to US Customs and border protection office and showed them the original Visa. They asked to fill up new I-94 and stamped it with April 2008 Date.
Here's the link: http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/arrival_departure_record.xml
---------------------------
Q: How do I correct an Arrival-Departure Record reflecting an incorrect admission classification, biographical information or period of admission?
A: U.S. Customs and Border Protection (CBP) will review and issue the necessary documents to remedy errors recorded on the Arrival-Departure Record at the time of entry to the United States relating to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission, if appropriate.
Any designated deferred inspection location or CBP office located within an international airport should be able to assist you, regardless of where the actual document was issued. In many instances, the location of your final destination where the discrepancy will be resolved may not be the port of your first arrival into the United States. Travelers are encouraged to contact sites not located within an international airport to establish an appointment, if necessary. Mail-in procedures are not available.
Currently, there is not an approved form to request the correction of inaccurate information recorded on the I-94 or I-95 Form at the time of entry into the United States. You will need to bring the questionable I-94 or I-95 Form and documentation to support the claim that the form was not properly annotated. For example, present a passport and visa to justify an incorrect visa classification or an approved petition to support an incorrect admission period. A fee will not be assessed.
The CBP offices within the international airports and deferred inspection locations are only authorized to correct errors that occurred at the time of arrival. Requests to replace the I-94 or I-95 Form that has been lost, stolen or mutilated must be filed with USCIS.
Authorized stays that were limited at the port of first arrival by supervisory authorization as noted on the reverse side of the I-94 Form will not be corrected. Under these circumstances, you will be required to file an I-539 Form with USCIS. .
---------------------
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immilaw
09-27 01:18 PM
The large drop in competitiveness (is that a word?) in the U.S. is largely attributed to the immigrant population posting to message boards during work hours!
So true. If the retrogression was not there, people will spend their time on other constructive issues.
So true. If the retrogression was not there, people will spend their time on other constructive issues.
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lazycis
12-20 11:03 AM
http://www.murthy.com/news/n_sercen.html
Interfiling
�MurthyDotCom
The USCIS confirmed that it will continue to permit interfiling of I-485s when a person obtains two I-140 petition approvals. Interfiling is essentially the transfer of a pending I-485 application to adjust status from one I-140 petition to another filed for the same beneficiary. Examples would be when there is a successor employer, or an I-140 petition filed by a new employer or with the same employer based on a new and different job offer. This eliminates the need to re-file the I-485 in many situations, if there is a second I-140 petition to support the pending I-485.
So if your second I-140 is approved you'll be able to interfile if you want to but I do not see the problem with filing the second I-140 while one is already pending.
Interfiling
�MurthyDotCom
The USCIS confirmed that it will continue to permit interfiling of I-485s when a person obtains two I-140 petition approvals. Interfiling is essentially the transfer of a pending I-485 application to adjust status from one I-140 petition to another filed for the same beneficiary. Examples would be when there is a successor employer, or an I-140 petition filed by a new employer or with the same employer based on a new and different job offer. This eliminates the need to re-file the I-485 in many situations, if there is a second I-140 petition to support the pending I-485.
So if your second I-140 is approved you'll be able to interfile if you want to but I do not see the problem with filing the second I-140 while one is already pending.
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lrindy
10-05 03:39 PM
One of my colleagues got audit for two consecutive years and he received his green card last month.
I can back that one up. We received audit August 13 for 2005. Had to prove we are married & kids live with us. When called and spoke to officer she said it was an "INS flag"! Honest to God that is what she said. She then asked if we had applied in the last couple of months for 485's??? She knew all about the USCIS system and said one way of telling is if you file jointly at the same address each year then why would IRS be asking for proof of marriage and kids living there etc. She was great and confirmed they had received all paperwork. Had to resend due to liquid being spilled on copies.... Even H&R Block said it was INS based.
Then we get 4 out of 5 EAD's approved, but spouse gets RFE and it is proof of name change please resubmit marriage certificate!
Cheers,
LRIndy
I can back that one up. We received audit August 13 for 2005. Had to prove we are married & kids live with us. When called and spoke to officer she said it was an "INS flag"! Honest to God that is what she said. She then asked if we had applied in the last couple of months for 485's??? She knew all about the USCIS system and said one way of telling is if you file jointly at the same address each year then why would IRS be asking for proof of marriage and kids living there etc. She was great and confirmed they had received all paperwork. Had to resend due to liquid being spilled on copies.... Even H&R Block said it was INS based.
Then we get 4 out of 5 EAD's approved, but spouse gets RFE and it is proof of name change please resubmit marriage certificate!
Cheers,
LRIndy
more...
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speddi
08-21 02:27 PM
My checks got cashed yesterday. I filed at TSC and my 140 was approved at TSC..PD Aug 2006..my app reached tsc on july 2nd 10.23am(according to fedex)
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Makaveli
01-03 12:56 AM
hey you know that old saying "What ilyas doesn't know about he can't enter" ?? well he is on vacation for like 7 days i believe so you guys could do a QUICK battle and one of you could claim victory!!! lol ;) :P :P :P :P
btw: Soul has officially won....30 votes...
btw: Soul has officially won....30 votes...
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kondur_007
08-13 04:20 PM
Hi guys,
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
vin
09-17 02:32 PM
techbuyer... If you don't mind, What's your nationality? You're a citizen of which country?
kittu1991
06-13 02:18 PM
If one changes from EB3 to EB2, then priority date is lost!
Please don't answer for the purpose of answering. You can port your PD if start a new labour, which is many are going to do since the 140 PP is back.
Please don't answer for the purpose of answering. You can port your PD if start a new labour, which is many are going to do since the 140 PP is back.
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