mbartosik
04-10 09:32 PM
I posted a few days ago here
http://immigrationvoice.org/forum/showthread.php?t=544
For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.
Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.
Thus we need a law to allow keeping the PD even if the job description has changed.
Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.
My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.
If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?
What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.
There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.
So in summary law changes:
1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.
2) Consider allowing concurrent PERM filing.
3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.
http://immigrationvoice.org/forum/showthread.php?t=544
For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.
Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.
Thus we need a law to allow keeping the PD even if the job description has changed.
Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.
My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.
If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?
What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.
There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.
So in summary law changes:
1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.
2) Consider allowing concurrent PERM filing.
3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.
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Dakshini R. Sen
06-25 10:33 AM
Yes, until her I-485 application is approved she can apply for the EAD as well as the AP. Provided you have received the permanent residency card, you do not have to do anything. AC21 filing is irrelevant in your case.
Dakshini R. Sen, P.C.
Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
212-242-1677
713-278-1677
Dakshini R. Sen, P.C.
Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
212-242-1677
713-278-1677
paskal
08-14 04:02 PM
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is this not going a bit far????
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July 2 - Fedex - 7.55 AM - Recd: R Williams[Aug,14 16:58 ET]
NSC July2, 1025AM J.BARRETT[Aug,14 16:58 ET]
is this not going a bit far????
c'mon iv'ers, check out iv-merchandise, volunteer, contribute, call friends, ditribute flyers...so much to do!
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Yeldarb
11-12 04:28 PM
www.esrucehtesrever.com - A site I made with XHTML and CSS. It uses PHP/mySQL for the entries to sign a petition with the intent of Reversing the Curse of the Chicago Cubs.
www.bandstation.com - A site for bands looking for new members. It utilizes CSS for the design, and has a full PHP/mySQL backend for advertisement display and users. Users can register and post their own information and job offers for their respective state.
www.bandstation.com - A site for bands looking for new members. It utilizes CSS for the design, and has a full PHP/mySQL backend for advertisement display and users. Users can register and post their own information and job offers for their respective state.
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bestofall
11-20 09:48 PM
looks like chat URL is not working !
hojo
09-06 07:12 PM
what he said.
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dilbert_cal
10-31 06:59 PM
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.
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vxg
07-17 11:04 AM
It is a hit or miss so have to keep trying i generally do not call them often but last month just had a hunch and got lucky. The steps are copied here from another thread.
Call 1-800-375-5283
Press 1 to select English
Press 2 to skip introduction
Press 2
Press 6 to find case status information
Press 1
Now enter your receipt number SRCxxxxxxxxxx
Voice asks if SRC press 1
Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
Part way through the blah blah press 3
Wait a moment and press 4
(now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.
VXG, I need your help - everytime I call TSC (I have done it twice) IO refers me to some 800 number. What did you do to get them to talk to you?
Call 1-800-375-5283
Press 1 to select English
Press 2 to skip introduction
Press 2
Press 6 to find case status information
Press 1
Now enter your receipt number SRCxxxxxxxxxx
Voice asks if SRC press 1
Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
Part way through the blah blah press 3
Wait a moment and press 4
(now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.
VXG, I need your help - everytime I call TSC (I have done it twice) IO refers me to some 800 number. What did you do to get them to talk to you?
more...
saurav_4096
08-21 04:06 PM
I dont think there is system in place where It can be tracked for cash worker at GAS Station.
So do not understand what has happened with him ...???:confused:
So do not understand what has happened with him ...???:confused:
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axp817
07-22 08:05 AM
NSC has an interesting way of working. Oct 06 cases are pending and they are approving Dec 06 cases.... never think of predicting what govt is (in)capable of :D
Look at Sayantan's signature, he is EB-1, not EB-2. EB-1 I-140 cases at the NSC, are a bit ahead of EB-2.
Look at Sayantan's signature, he is EB-1, not EB-2. EB-1 I-140 cases at the NSC, are a bit ahead of EB-2.
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DSLStart
10-08 04:57 PM
Best part of Indian EPF scheme you can withdraw 100% if you quit job or if you are in transition. So no retirement age restriction if somone wants money ;)
In US the nice thing about SSA is unemployment and disability security.
But 10 years is a long time to wait on a temporary visa to get your social security back.. There were some discussions to reduce this to 3 years but that talk is dead now.
In India, the best part is 100% compulsory employer contribution. But
Indian PF sucks with rising inflation and lack of accountability.
And we all know how the employers would "Package" their "contribution".
This latest development will sting Indian origin GC holders and US citizens who go back to work in India and MNC employees working abroad.
In US the nice thing about SSA is unemployment and disability security.
But 10 years is a long time to wait on a temporary visa to get your social security back.. There were some discussions to reduce this to 3 years but that talk is dead now.
In India, the best part is 100% compulsory employer contribution. But
Indian PF sucks with rising inflation and lack of accountability.
And we all know how the employers would "Package" their "contribution".
This latest development will sting Indian origin GC holders and US citizens who go back to work in India and MNC employees working abroad.
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EB-VoiceImmigration
07-31 06:34 PM
Great news :eek: This is what we are looking for...
I dont know how to thank USCIS for this.
I dont know how to thank USCIS for this.
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sangmami
08-16 09:27 AM
we sent 3 seperate checks for each family member
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roseball
07-11 12:52 PM
Hello friends,
My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.
What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?
Appriciate your thoughts...
Well, one of my colleagues with EB-2 India PD of Nov 2003 took an InfoPass appointment as soon as the bulletin came out with his PD being current. IO told him that he is all set and should get his I-485 approved as soon as his application is picked for processing as per the processing dates....He did not see any LUDs...He applied his 485 in Jun 2007...He got the welcome email in the first week of the month when his PD was current...
So I am not sure if his InfoPass appointment triggered anything or his application was picked randomly..Whatever it is, its worth taking an InfoPass because it is the only thing in your control...Good luck..
My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.
What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?
Appriciate your thoughts...
Well, one of my colleagues with EB-2 India PD of Nov 2003 took an InfoPass appointment as soon as the bulletin came out with his PD being current. IO told him that he is all set and should get his I-485 approved as soon as his application is picked for processing as per the processing dates....He did not see any LUDs...He applied his 485 in Jun 2007...He got the welcome email in the first week of the month when his PD was current...
So I am not sure if his InfoPass appointment triggered anything or his application was picked randomly..Whatever it is, its worth taking an InfoPass because it is the only thing in your control...Good luck..
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04-15 02:52 PM
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madhu345
11-29 10:32 AM
I'm based in Dallas, anyone in this area send me the PM.
Since I travel extensivley there might be a slight delay in pesponding to the emails.
Thanks!
Madhu
Since I travel extensivley there might be a slight delay in pesponding to the emails.
Thanks!
Madhu
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ASR
07-08 02:51 PM
Hi All,
Give me all your valuable suggestions for the below case:
- Got a full time offer for my wife who is working on H1 and has EAD too.
- She decided to transfer her H1 instead of using EAD.
- My wife has sent all the necessary documentation to the lawyer.
- Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
- We have not received I 485 approval notice through mail yet. We just have email from immigration
Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.
Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.
Your response is highly appreciated.
Give me all your valuable suggestions for the below case:
- Got a full time offer for my wife who is working on H1 and has EAD too.
- She decided to transfer her H1 instead of using EAD.
- My wife has sent all the necessary documentation to the lawyer.
- Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
- We have not received I 485 approval notice through mail yet. We just have email from immigration
Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.
Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.
Your response is highly appreciated.
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canmt
10-26 11:00 AM
Ashkam is right...
Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.
Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.
The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.
In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.
I hope this helps and good luck on your green card pursuit...
Labor has to be pending 1 year. I think you will get your PERM approval soon as DOL at present is free.
Be prepared with the paper work for your I-140 premium so that you can file it as soon as you get the PERM approval.
The lawyers will say it will take them no time but they will delay it by at-least 3 weeks to get the paper work done.
In the worst case go for a vacation for 4 months to Canada, get your paper work mailed to you, get the extension stamping done and be back.
I hope this helps and good luck on your green card pursuit...
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mhtanim
06-07 09:51 PM
After sending RFE response, I got 1st LUD on 06/02/2009 with message change.
Soft LUDs on: 06/03/2009, 06/04/2009, 06/05/2009
Soft LUDs on: 06/03/2009, 06/04/2009, 06/05/2009
dvb123
09-13 04:06 PM
It costs around 50k - 100k for a class action lawsuit. Pls collect the money and then think about it. U can look in the directory for Federal immigration litigation lawyers. There are a lot of them. The chance of winning is very less because green card is a benefit and not a job opportunity where you are being discriminated. If you can prove that you lost a job opportunity in United States because you do not have a green card and that job opportunity was given to another less retrogressed country immigrant, maybe you can fight in the supreme court that your civil rights have been violated but it is a long shot and would involve lot of money and 3 years minimum time frame.
An except from DOL equal opportunity laws
The Immigration and Nationality Act prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.
Federal litigation also can be done without legal representation i.e. lawyer but a person must dedicate himself to 8 hrs legal work for 3-4 months which a working person cannot do.
An except from DOL equal opportunity laws
The Immigration and Nationality Act prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.
Federal litigation also can be done without legal representation i.e. lawyer but a person must dedicate himself to 8 hrs legal work for 3-4 months which a working person cannot do.
Dhundhun
06-09 06:53 PM
You can take Infopass to findout, wheather this notice is by mistake - if so you are out of problem. Otherwise, I don't think, there is any other option then getting it done, you can keep on extending till your wife comes here.
Take enough precautions so that finger ridges are properly scanned next time to avoid such calls. A small cut in fingers can delay legible prints for months. Sometimes skin diseases are problems. In newborns, finger ridges are not developed and it can happen with some grown ups. If you rub fingers against rough surface before FP, FP will not come properly.
The staff taking FP does visual scanning and runs preliminary program to verify whether scans are OK or not. With image scanning, number of repeat FP notice due to unreadbale prints is significantly reduced - so the notice you have received might be a mistake.
Take enough precautions so that finger ridges are properly scanned next time to avoid such calls. A small cut in fingers can delay legible prints for months. Sometimes skin diseases are problems. In newborns, finger ridges are not developed and it can happen with some grown ups. If you rub fingers against rough surface before FP, FP will not come properly.
The staff taking FP does visual scanning and runs preliminary program to verify whether scans are OK or not. With image scanning, number of repeat FP notice due to unreadbale prints is significantly reduced - so the notice you have received might be a mistake.
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