jkamel5
07-10 06:59 PM
Hi,
Thanks for your advice. I believe that my employer has no problem to write me a recommendation letter or sign support letter.
Do you believe I have a chance or not ? which one?
Thanks,
John
Your profile does not sound enough for either EB1-OR (aka EB1-B aka EB1-2) or EB2-NIW. As pointed out before, if your employer is unwilling to "sponsor" you (i.e., not willing to sign a support letter), then you can go only with either EB1-EA or EB2-NIW. All other categories, including EB1-OR require sponsorship from the employer. In general, the lowest non-retrogressed preference level is the best bet. If you were born in Egypt, then that is EB2 (standard EB2 sponsored by your employer). For people who were born in India and (mainland) China, it is EB1.
Thanks for your advice. I believe that my employer has no problem to write me a recommendation letter or sign support letter.
Do you believe I have a chance or not ? which one?
Thanks,
John
Your profile does not sound enough for either EB1-OR (aka EB1-B aka EB1-2) or EB2-NIW. As pointed out before, if your employer is unwilling to "sponsor" you (i.e., not willing to sign a support letter), then you can go only with either EB1-EA or EB2-NIW. All other categories, including EB1-OR require sponsorship from the employer. In general, the lowest non-retrogressed preference level is the best bet. If you were born in Egypt, then that is EB2 (standard EB2 sponsored by your employer). For people who were born in India and (mainland) China, it is EB1.
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singhsa3
01-10 08:36 PM
Labor substitution case..eh..
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
msp1976
10-19 02:00 PM
The USCIS has not taken any official position on whether they would allow the after I-140 3-year extension to be transferred to another employer.
Using this loophole looks like many of us have actually sucessfully tranferred the H1B to a new employer after the 6 year limit..
As long as USCIS does not release any regulations...We can do this ....
If asked officialy some attorneys say that it cannot be done and some are fine with that...
Immigration laws are kind of applied sporadically and can be pushed to a certain extent
Using this loophole looks like many of us have actually sucessfully tranferred the H1B to a new employer after the 6 year limit..
As long as USCIS does not release any regulations...We can do this ....
If asked officialy some attorneys say that it cannot be done and some are fine with that...
Immigration laws are kind of applied sporadically and can be pushed to a certain extent
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gccube
02-11 03:09 PM
few months or an year or two? Any thoughts?
more...
vardinishankar
03-10 12:02 PM
No.
The only requirement is that both I-140 must have same beneficiary and all I-140 must belong to eb-1, eb-2, OR eb-3 preference categories.
The Priority Date recapture applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.
_______________________
Not a legal advice.
US citizen of Indian origin
Thank you very much for coming back to this - it really clarifies a lot of doubts I had in my mind. Appreciate it!
The only requirement is that both I-140 must have same beneficiary and all I-140 must belong to eb-1, eb-2, OR eb-3 preference categories.
The Priority Date recapture applies ONLY for immigrant petitions (I-140) approved under EB-1, EB-2 or EB-3 classification.
_______________________
Not a legal advice.
US citizen of Indian origin
Thank you very much for coming back to this - it really clarifies a lot of doubts I had in my mind. Appreciate it!
jonty_11
09-19 11:28 AM
Illegals do that all thetime to get sanctuary
more...
kaisersose
08-24 04:30 PM
What if the I-140 is approved, I-485 pending less than 180 days and change of jobs to happen?
In this case, can the employer still revoke the I-140 though it has been approved already?
Yes.
In this case, can the employer still revoke the I-140 though it has been approved already?
Yes.
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retropain
08-31 10:27 AM
100% of the calls to today's program were from anti-H1B people. Not 1 call supported the H1Bs. If corporates are supporting more GCs for us, and since the fate of H1B/Employment GCs is linked, we ought to support H1B legislation.
How can we get an advance notification of this recordings?? Seems the anti-immigrant forces have the inside tack
here...
Also, the C-SPAN commentator on H1B/immigration issues is frequntly Dena Bunis of the Orange County register. She said the corporate lobbies "have convinced congressman" there is a shortage...implying that there wasn't one. She needs to be contacted . Here contact info (202) 628-6381 or dbunis@ocregister.com
How can we get an advance notification of this recordings?? Seems the anti-immigrant forces have the inside tack
here...
Also, the C-SPAN commentator on H1B/immigration issues is frequntly Dena Bunis of the Orange County register. She said the corporate lobbies "have convinced congressman" there is a shortage...implying that there wasn't one. She needs to be contacted . Here contact info (202) 628-6381 or dbunis@ocregister.com
more...
gccovet
07-23 11:53 AM
Someone posted a link describing I-485 Standard Operating Procedures. It is very detailed and interesting to read. It even described color of paperclip to use, place it on left or right corner, how to fold papers, how to form group family cases, how to shelve and label them, etc. It also has a very detailed description on where to click on screen while working on cases. The link is:
http://www.ilw.com/seminars/august2002_citation2b.pdf
The document is dated year 2001 but may have been revised since. Contents of this doc suggest that cases are first reviewed following some work distribution method, original mailroom RD is used wherever receive date is to be entered (automatically generated RD might be different though). PD is not part of initial data entry. Cases are placed in order of PD ONLY after they have been pre-adjudicated (shelved as 'waiting for visa number availablity'). etc. etc.
There is also a expedite procedure for cases with children between 20 and 21 years, where files are hand transferred from desk to desk.
Very interesting to read.
Amazing! thank you sharing.
GCCovet.
http://www.ilw.com/seminars/august2002_citation2b.pdf
The document is dated year 2001 but may have been revised since. Contents of this doc suggest that cases are first reviewed following some work distribution method, original mailroom RD is used wherever receive date is to be entered (automatically generated RD might be different though). PD is not part of initial data entry. Cases are placed in order of PD ONLY after they have been pre-adjudicated (shelved as 'waiting for visa number availablity'). etc. etc.
There is also a expedite procedure for cases with children between 20 and 21 years, where files are hand transferred from desk to desk.
Very interesting to read.
Amazing! thank you sharing.
GCCovet.
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jkamel5
07-13 06:23 AM
You are way more qualified than me. I only have 2 masters, research work, research papers. My attorney was able to get my EB1 approved without sponsorship. You will definitely get EB1
Could you please guide me to your lawyer?
Thank you
Could you please guide me to your lawyer?
Thank you
more...
sidbee
06-18 12:54 PM
It appears that most of the one sided agreeements mentioned above are not legal. For eg if in ur offer letter u have 2 weeks of notice period from your side and company says they can termniate you without any notice period then its not legal.
I think only 2 side agreements are legal and all other agreements even if you sign are not legal.
(pls confirm with ur lawyer ...)
Yes , i am with you.
LostInGCProcess , whats you said is also right in few cases, But in cases of employment it could not be.
If i ask a person to sign on a piece of contract , to be my slave ..Would it be legal :-)
I think only 2 side agreements are legal and all other agreements even if you sign are not legal.
(pls confirm with ur lawyer ...)
Yes , i am with you.
LostInGCProcess , whats you said is also right in few cases, But in cases of employment it could not be.
If i ask a person to sign on a piece of contract , to be my slave ..Would it be legal :-)
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mdforgc
04-04 04:53 AM
Dear Core IV members. It is clear how tirelessly you have worked, let alone the time and money you spent, sitting in tht comfort of our homes and using our credit cards to make a small contribution of 200 dollars twice or thrice is pales in comparison to what the core mebers have done. Look at things you can see..we came on shustermans newsletter this month, we came on NBC nightly news,.. and dont forget there are things which are happening that we cannot see. Appreciate the core team with words, please donot doubt them, without them we had nothing, anything is better than nothing!!
Kudos to Core team
Kudos to Core team
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Almond
07-17 08:46 AM
primary care physician....so that insurance covers it.
It makes me so mad regular insurance doesn't cover the immigration physical. It's almost like any other physical, in fact it's not even as detailed as that-the uscis site mentions "disrobing":rolleyes: I had to do no such thing.
It makes me so mad regular insurance doesn't cover the immigration physical. It's almost like any other physical, in fact it's not even as detailed as that-the uscis site mentions "disrobing":rolleyes: I had to do no such thing.
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delhirocks
06-14 06:16 PM
With dates current (even if they are for a few months), I wand this CIR to just go away. I would rather take my chances with the old process, then face something that is highly likely to be detrimental to us.
Come to think of it...If I (most of us) have our EAD's (spouse can work, job is portable)...would I really mind waiting to get my GC for 5 years...
Come to think of it...If I (most of us) have our EAD's (spouse can work, job is portable)...would I really mind waiting to get my GC for 5 years...
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HariRamNai
07-15 10:29 AM
Hell yeah! I'd do the same to that Skin Head
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GCBy3000
07-19 05:24 PM
http://immigrationvoice.org/forum/showthread.php?t=10614
You will know what I am talking. USCIS folks are dumb a.. and sitting on AOS applications for long time. The direction is clearly coming from TOP. After July VB fiasco, they cannot sit on it as they have created landmines. They lied in the past about the processing delays for lack of resources. If they decide to stand by that lie, then they are creating landmines for themselves towards future. If they dont stand by that lie, then any small mistake will be exposed with seveal questions from outside. The only way out is to go to Pappa and ask for his signature on the solution. They have all the solutions and we dont have to tell them any.
You will know what I am talking. USCIS folks are dumb a.. and sitting on AOS applications for long time. The direction is clearly coming from TOP. After July VB fiasco, they cannot sit on it as they have created landmines. They lied in the past about the processing delays for lack of resources. If they decide to stand by that lie, then they are creating landmines for themselves towards future. If they dont stand by that lie, then any small mistake will be exposed with seveal questions from outside. The only way out is to go to Pappa and ask for his signature on the solution. They have all the solutions and we dont have to tell them any.
more...
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rkdownload
01-23 10:59 PM
It's getting tough day by day on H1b extension
Read this case
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=3121052681
Read this case
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=3121052681
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andy garcia
09-27 10:57 AM
This is the list:
1. Switzerland
2. Finland
3. Sweden
4. Denmark
5. Singapore
6. US
Do you know of anybody that wants to go to the first 4 countries. I don't think so. They are toooo cold for me :cool:
1. Switzerland
2. Finland
3. Sweden
4. Denmark
5. Singapore
6. US
Do you know of anybody that wants to go to the first 4 countries. I don't think so. They are toooo cold for me :cool:
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GCMember
08-20 01:14 PM
At what date the checks got encashed?
Dj-Studios
05-15 04:19 PM
Anybody?
rbalaji5
07-18 12:52 AM
I have an appointment set up with a doctor. However, the doctor is not listed as a USCIS authorized physician in the USCIS web site.
I called the doctor's office and they assure me that he does "immigration physicals" and has been doing them.( As a side note, there is another doctor in the same office who is on the approved list but he is on vacation)
Is the following website updated with list of eligible civil surgeons ? https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
Please advise.
Goto Rajiv Ahuja at Fremont or Hayward if you are located in Bay area.
No appointment necessary.
I called the doctor's office and they assure me that he does "immigration physicals" and has been doing them.( As a side note, there is another doctor in the same office who is on the approved list but he is on vacation)
Is the following website updated with list of eligible civil surgeons ? https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV
Please advise.
Goto Rajiv Ahuja at Fremont or Hayward if you are located in Bay area.
No appointment necessary.