veni001
06-22 02:46 PM
With same employer could definitely trigger audits from both DOL and USCIS!!
Hi,
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
Hi,
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
indyanguy
06-07 03:08 PM
I had sent my 485 app to Nebraska. However, the receipt number starts with WAC.
Should I send the EAD renewal to NSC or CSC??
Please let me know.
Should I send the EAD renewal to NSC or CSC??
Please let me know.
roseball
08-26 04:54 PM
Hi,
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
AFAIK, if the MS degree is from an US accredited institution and your new EB-2 job requires a MS degree, then yes, your new employer can start the EB-2 process for you. Once you have a US Masters, it doesn't matter what your earlier educational qualifications are. Key thing here is that your EB-2 job MUST require a Masters degree.
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
AFAIK, if the MS degree is from an US accredited institution and your new EB-2 job requires a MS degree, then yes, your new employer can start the EB-2 process for you. Once you have a US Masters, it doesn't matter what your earlier educational qualifications are. Key thing here is that your EB-2 job MUST require a Masters degree.
arnet
09-15 01:04 PM
i remember IV team was earlier posting messages asking members to send questions because they have enough room to accomdate those in the same week. so i think the number of question is less now. this might be one of the reason we have conference call with lawyer once in two weeks.
if they get more questions in future, they can have atleast one conference call per week or they can extend it 2-3hrs too. once we get more publicity and if our members count (and questions) are doubled or tripled, we can we have more sessions with same or different lawyer. what do you think?
How many lawyers are there to answer the questions? Can we have couple of more lawyers on our panel so that we can do this more often?
if they get more questions in future, they can have atleast one conference call per week or they can extend it 2-3hrs too. once we get more publicity and if our members count (and questions) are doubled or tripled, we can we have more sessions with same or different lawyer. what do you think?
How many lawyers are there to answer the questions? Can we have couple of more lawyers on our panel so that we can do this more often?
more...
coopheal
11-05 10:15 AM
Bump
gclover
01-09 01:18 PM
Has anyone managed to withdraw money from TCS PF from Mumbai India?
If so, pls advise on the procedure for the same?
Thanks,
No forms would work because like a typical family owned blood sucker company, their PF is controlled by another TATA company and not the central govt. AND to get your hard earned money out of that another company, you need a clearance letter signed by some TCS HR personnel ..
You could see if the amount is worth going through the agony of talking to all BS..ing top brass in the company.. If it is, then make your heart of steel and go through it..
they would keep some money as their tip.. (maybe 20%) but give the remaining back to you..
If so, pls advise on the procedure for the same?
Thanks,
No forms would work because like a typical family owned blood sucker company, their PF is controlled by another TATA company and not the central govt. AND to get your hard earned money out of that another company, you need a clearance letter signed by some TCS HR personnel ..
You could see if the amount is worth going through the agony of talking to all BS..ing top brass in the company.. If it is, then make your heart of steel and go through it..
they would keep some money as their tip.. (maybe 20%) but give the remaining back to you..
more...
Houstonguy
08-11 09:02 AM
EB2-I/PD May 15, 2006/I-140 APPROVED 08/2006/I-485 FILED JULY 2/2007.
gcdreamer05
01-05 04:35 PM
Hi there,
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
more...
gcseeker2002
11-05 01:00 PM
I don't know. It is just puzzling that some people got both while others only got one. What is the basis for approving AP?
Is there any basis needed for approving AP? Is it EAD ? If so my application is in deeps***. onceagain, is there anybody here with this kind of experience. Also since I already took infopass once, is there any use taking it again for my ead ?
Is there any basis needed for approving AP? Is it EAD ? If so my application is in deeps***. onceagain, is there anybody here with this kind of experience. Also since I already took infopass once, is there any use taking it again for my ead ?
sdrblr
09-11 01:53 PM
I dont know what is your educational and experience background but please understand that it is very hard to get EB2 labor certified. It is not as easy as telling "I will start EB2 LC application"
more...
immi_seeker
09-27 02:46 PM
I received my FP notice. My Lawyer also received my FP notice which he mailed it to me. Now I have two copies. Which copy should I carry for my FP appointment? Does it matter?
TIA
Doesnt matter which copy you bring. Attend the FP that is important. They will stamp your notice and sign it. Keep that copy for your records
TIA
Doesnt matter which copy you bring. Attend the FP that is important. They will stamp your notice and sign it. Keep that copy for your records
deardar
09-14 08:25 AM
Can you guys think of an Immigration Voice jingle. A tune that is catchy.
IV members who have an eye for lyrics and music lets see what you got.
Let me try:
************************************************
"Immigration Voice, Immigration Voice, Immigration Voice Rocks!
When dark clouds of labor backlog envelops my domain
Immigration Voice is one sure place that can help my spirits regain
Lot of questions and a long wait for my green card
Immigration Voice is where I get sage advise from the bard
Waiting in vain for the FBI name check, years wasted in pain and my career is a ship wreck.
In the dark storm, one shining light, like minded people who share my plight
One day I will wake up from this nightmare,
I am sure of the success, I sometimes wonder why don't the lawmakers give this cause the care
One day soon, I will become a proud story,
One more American dream, till then Immigration Voice makes me forget my worry
I feared that I just couldn't cope, but wait, I listen to the voice of encouragement,
Silver lining on a dark cloud, one single ray of hope
Immigration Voice, Immigration Voice, Immigration Voice Rocks!
***********************************************
Please improve
Cheers!
_____________
How would we know the tune ? Ya got to sing and put that in you tube .
IV members who have an eye for lyrics and music lets see what you got.
Let me try:
************************************************
"Immigration Voice, Immigration Voice, Immigration Voice Rocks!
When dark clouds of labor backlog envelops my domain
Immigration Voice is one sure place that can help my spirits regain
Lot of questions and a long wait for my green card
Immigration Voice is where I get sage advise from the bard
Waiting in vain for the FBI name check, years wasted in pain and my career is a ship wreck.
In the dark storm, one shining light, like minded people who share my plight
One day I will wake up from this nightmare,
I am sure of the success, I sometimes wonder why don't the lawmakers give this cause the care
One day soon, I will become a proud story,
One more American dream, till then Immigration Voice makes me forget my worry
I feared that I just couldn't cope, but wait, I listen to the voice of encouragement,
Silver lining on a dark cloud, one single ray of hope
Immigration Voice, Immigration Voice, Immigration Voice Rocks!
***********************************************
Please improve
Cheers!
_____________
How would we know the tune ? Ya got to sing and put that in you tube .
more...
ilikekilo
03-26 02:45 PM
Is delivery confirmation possible for PO Box addresses?
it should be...there should be a system in place for the same...i wouldnt worry too much abt it..
and in the past I did send with del. conf..
it should be...there should be a system in place for the same...i wouldnt worry too much abt it..
and in the past I did send with del. conf..
srikondoji
07-27 03:26 PM
What you said is true.
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
more...
Flash-Matic
10-28 10:46 PM
good thing i brought an umbrella :)
upuaut
09-19 01:15 AM
Painter 7 like Painter 6 should have come with a manual. The one I got with 6.0 is very extensive and well formated to teaching the programs finer aspects.
if you bought it and didn't get a manual.. I'd complain. If you didn't buy it.. you'll probebly have to slug through it and learn as you discover stuff. Painter itself is not really a well documented programs as these things go. I've never seen a book that details it yet.
I will be stopping by B&N in the next couple of days. I'll be sure to take a look on the shelf to see if there is anything around that might help you out.
Sorry I can't be of more help. I do know what you mean about it being an extensive program. 6.0 has so many features I can rarely keep track of them all. I'm usually looking things up to see how I can do them.
if you bought it and didn't get a manual.. I'd complain. If you didn't buy it.. you'll probebly have to slug through it and learn as you discover stuff. Painter itself is not really a well documented programs as these things go. I've never seen a book that details it yet.
I will be stopping by B&N in the next couple of days. I'll be sure to take a look on the shelf to see if there is anything around that might help you out.
Sorry I can't be of more help. I do know what you mean about it being an extensive program. 6.0 has so many features I can rarely keep track of them all. I'm usually looking things up to see how I can do them.
more...
mirage
01-29 09:43 AM
I'm still Confused you guys are EB3 India SEP why are your applications even looked at ? As far as I knew your applications stay in the big black hole unless your Priority date is current....
It seems we are in synch.
Sep 04
MTR approved in December 09.
RFE for EVL on 23 rd Jan 23 rd.
Replying this week.
Let us see what is in store.
It seems we are in synch.
Sep 04
MTR approved in December 09.
RFE for EVL on 23 rd Jan 23 rd.
Replying this week.
Let us see what is in store.
gcisadawg
04-16 09:34 AM
Hello Attorney,
My wife received a RFE on her I-485 for missing medical test (TB test).
The deadline for responding to RFE is May 9th. She is out of the country currently and is scheduled to return on June 3rd.
Can we request an extension of time to reply to RFE based on hardship?
We just need one more month to comply with RFE.
Does USCIS normally provide extension for situations like the one above?
I took an infopass appointmnet at Baltimore and they couldn't offer a concrete answer since the case is pending with TSC. They asked me to reply to RFE asking for extension and provide supporting documents. I'm not sure if that would be accepted and results in denial of I-485.
Thanks in advance,
GCisaDawg
My wife received a RFE on her I-485 for missing medical test (TB test).
The deadline for responding to RFE is May 9th. She is out of the country currently and is scheduled to return on June 3rd.
Can we request an extension of time to reply to RFE based on hardship?
We just need one more month to comply with RFE.
Does USCIS normally provide extension for situations like the one above?
I took an infopass appointmnet at Baltimore and they couldn't offer a concrete answer since the case is pending with TSC. They asked me to reply to RFE asking for extension and provide supporting documents. I'm not sure if that would be accepted and results in denial of I-485.
Thanks in advance,
GCisaDawg
morchu
04-22 09:41 AM
Since your H4 COS is not approved yet, you are not YET in H4 status.
So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.
Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.
This is a typical situation where you should file for Premium Processing (of H1 COS).
Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.
I understand the 'Yes' to the first question.
For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.
The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).
Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?
I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.
Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.
Thank you in advance for your time and recommendations.
So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.
Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.
This is a typical situation where you should file for Premium Processing (of H1 COS).
Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.
I understand the 'Yes' to the first question.
For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.
The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).
Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?
I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.
Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.
Thank you in advance for your time and recommendations.
jthomas
06-02 10:47 AM
where can i download photoshop from?
crystal
08-25 06:39 PM
If u want to, you can apply for H1 extension as ur labor is more than year old. You will get one year h1-b extension, as ur I-140 is not approved yet. With approved I-140 u would get 3 year extension