fromnaija
02-20 12:36 PM
Labor substitution is DEAD and therefore it is no longer possible for you to use the labor certification approved for a different employee.
Hi,
i would like to convert EB3- pd to Eb2.
My sistuation is like this . pls help mw if you know if this is possible:
1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.
Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.
If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.
When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..
If somebody clarify me that is great .
Thanks
Hi,
i would like to convert EB3- pd to Eb2.
My sistuation is like this . pls help mw if you know if this is possible:
1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.
Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.
If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.
When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..
If somebody clarify me that is great .
Thanks
small2006
07-11 12:14 PM
When I went recently for my EAD renewal FP (I deliberately e-filed EAD renewal to get this FP notice, and it came fast), I took a copy of my I485 receipt notice, and explained to them that I have been waiting for that other FP for almost a year (never opened SR). They promptly took both FPs (code-1 for I485 and code-2 for EAD), and also told me I should never have waited this long, and instead should have contacted them (I guess they meant by Infopass) after 2-3 months.
I was not aware that you needed an FP for EAD renewal as well. Could you please clarify? I always had thought that FP is related to 485 and not EAD. Am I wrong?
Also, not sure which Infopass center you went to, but my center happens to be San Antonio and I have already been there twice before for expediting EAD/AP for my wife and we also asked them about finger printing then and they said they are not an "authorized" center for that although the USCIS rep I spoke to told me to go there.
I have anyway taken another info pass appointment there again just to try my luck again.
I was not aware that you needed an FP for EAD renewal as well. Could you please clarify? I always had thought that FP is related to 485 and not EAD. Am I wrong?
Also, not sure which Infopass center you went to, but my center happens to be San Antonio and I have already been there twice before for expediting EAD/AP for my wife and we also asked them about finger printing then and they said they are not an "authorized" center for that although the USCIS rep I spoke to told me to go there.
I have anyway taken another info pass appointment there again just to try my luck again.
Beta_mle
09-10 07:23 AM
AFAIK, as long as the core duties mentioned in the LC don't change considerably (by more than 50%), the company can promote you anytime.
I just watched the video on the front page promoting the rally and it seemed to say that your salary must remain within 5% of the amount stated in the I-140. Is this correct? This appears to contradict your answer. It also does not make sense. I am in this situation, I-140 approved with PD in '06, I-485 filed in July. My company gives raises of a few percent every year, and I would suppose most companies do. Surely it is not realistic for a person to stay at the same salary for however long it takes to adjudicate the AOS?
Could someone please address this?
Thanks.
I just watched the video on the front page promoting the rally and it seemed to say that your salary must remain within 5% of the amount stated in the I-140. Is this correct? This appears to contradict your answer. It also does not make sense. I am in this situation, I-140 approved with PD in '06, I-485 filed in July. My company gives raises of a few percent every year, and I would suppose most companies do. Surely it is not realistic for a person to stay at the same salary for however long it takes to adjudicate the AOS?
Could someone please address this?
Thanks.
Cataphract
02-19 07:40 PM
I want to Thank everyone for turning up for today's meeting, it was a good discussion and I am glad that we got to know each other better.
I am summarizing the things that we discussed and the "Next Steps" that we agreed upon.
These ideas can be applied to any region so any of you guys reading this, feel free to implement them for your region.
This is what we are planning to do in the next few days:
Publicize ImmigrationVoice.org in any/all manner possible within the community to raise awareness about our problems and to persuade more people to join. i.e. place materials in grocery stores, temples, or in other high traffic areas
Always monitor the media for any shred of positive stories about legal immigrants and as we find them, send materials from IV.org to the specific reporter highlighting the problems that we are currenty facing.
Contact all of your respective Congressional representatives and request an In-person meeting in order for us to present our case. If meeting reqeust is denied take names of senior aides and send relevant materials and then follow up to check on progress as to what they are doing about it. Keep bugging them, that is the only way they will respond.
Spread the word to your friends who are still waiting to join us, ask them to contribute to the site or devote their time to this cause. I suggest each of us make a goal of sending an email to atleast 10 people in the next week.
Meet with other resources and networking groups that are sympathetic to our plight (i.e. Indian CEO's council, www.usinpac.com, Indian ambassadaor in DC etc.... ) and ask for their support.
One of the strategic point that was discussed was about the McCain-Kennedy immigration bill and I along with some of the other members am of the opinion that this bill is such a behemoth and contains some radical; provisions on illegal immigration which may eventually hurt it and it may even die.
Since some of the relief measure that we are seeking are part of this bill, if it dies we will be hurt as well. We think we need to work with Quinn-Gillespie to strategize about how we can insert (if possible) provisions related to legal immigration to a bill that has a very good chance of passing. i.e. the PACE bill by Senator Pete Domenici - we need to put pressure on him, flood his office with our emails/faxes and also at the same time talk to our lobbyists to insert our provisions in his bill as it is almost guaranteed to pass.
That is all from me for now. We plan to take action and meet again soon.
Anyone with other ideas, suggestions is welcome to post them and we can incorporate them as well.
Thanks Everybody for your support and time.
I am summarizing the things that we discussed and the "Next Steps" that we agreed upon.
These ideas can be applied to any region so any of you guys reading this, feel free to implement them for your region.
This is what we are planning to do in the next few days:
Publicize ImmigrationVoice.org in any/all manner possible within the community to raise awareness about our problems and to persuade more people to join. i.e. place materials in grocery stores, temples, or in other high traffic areas
Always monitor the media for any shred of positive stories about legal immigrants and as we find them, send materials from IV.org to the specific reporter highlighting the problems that we are currenty facing.
Contact all of your respective Congressional representatives and request an In-person meeting in order for us to present our case. If meeting reqeust is denied take names of senior aides and send relevant materials and then follow up to check on progress as to what they are doing about it. Keep bugging them, that is the only way they will respond.
Spread the word to your friends who are still waiting to join us, ask them to contribute to the site or devote their time to this cause. I suggest each of us make a goal of sending an email to atleast 10 people in the next week.
Meet with other resources and networking groups that are sympathetic to our plight (i.e. Indian CEO's council, www.usinpac.com, Indian ambassadaor in DC etc.... ) and ask for their support.
One of the strategic point that was discussed was about the McCain-Kennedy immigration bill and I along with some of the other members am of the opinion that this bill is such a behemoth and contains some radical; provisions on illegal immigration which may eventually hurt it and it may even die.
Since some of the relief measure that we are seeking are part of this bill, if it dies we will be hurt as well. We think we need to work with Quinn-Gillespie to strategize about how we can insert (if possible) provisions related to legal immigration to a bill that has a very good chance of passing. i.e. the PACE bill by Senator Pete Domenici - we need to put pressure on him, flood his office with our emails/faxes and also at the same time talk to our lobbyists to insert our provisions in his bill as it is almost guaranteed to pass.
That is all from me for now. We plan to take action and meet again soon.
Anyone with other ideas, suggestions is welcome to post them and we can incorporate them as well.
Thanks Everybody for your support and time.
more...
smisachu
02-01 04:04 PM
Here is what I would do..
1. Pay off your debts..
2. Collect 6 months of paycheck equivalent money in CDs.
3. Buy life insurance.
4. contribute to 401K if employer offers a match.
5. Start children's education fund (4o3b?)
6. Buy some gold may be 5-10% of savings.
7. Invest in US based large cap consistent dividend yielding stocks > 4% yield (example:- PFE & T).
8. Invest in an index fund with exposure to global economies with low expense ratio.
9. Invest in your health (gym membership or equipment etc..)
10. Buy some real estate if you can afford.
Anything left over from this you should be put in equity tranche of a Synthetic CDO-Squared and hedge the USD-INR fluctuation on the payout of your investments by buying long dated Quanto options maturing at the expiration of your H1 or patience in waiting for GC-which ever comes first.
:D
I am kidding of course...
1. Pay off your debts..
2. Collect 6 months of paycheck equivalent money in CDs.
3. Buy life insurance.
4. contribute to 401K if employer offers a match.
5. Start children's education fund (4o3b?)
6. Buy some gold may be 5-10% of savings.
7. Invest in US based large cap consistent dividend yielding stocks > 4% yield (example:- PFE & T).
8. Invest in an index fund with exposure to global economies with low expense ratio.
9. Invest in your health (gym membership or equipment etc..)
10. Buy some real estate if you can afford.
Anything left over from this you should be put in equity tranche of a Synthetic CDO-Squared and hedge the USD-INR fluctuation on the payout of your investments by buying long dated Quanto options maturing at the expiration of your H1 or patience in waiting for GC-which ever comes first.
:D
I am kidding of course...
LondonTown
03-07 11:33 PM
i missed the second part of your question.
i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
Hope this helps.
Stemcell: My 140 was also denied and immediately thereafter 485 was also denied. We appealed 140 which is currently pending, we have never used EAD. My lawyer told that if 140 will get approved as a result of appeal, we can re-open denied 485s.
Are you saying that your friends 485 was NOT denied though his 140 is denied? Please re-confirm with your friend and let us know.
i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
Hope this helps.
Stemcell: My 140 was also denied and immediately thereafter 485 was also denied. We appealed 140 which is currently pending, we have never used EAD. My lawyer told that if 140 will get approved as a result of appeal, we can re-open denied 485s.
Are you saying that your friends 485 was NOT denied though his 140 is denied? Please re-confirm with your friend and let us know.
more...
panini
03-15 01:24 PM
Hi Friends,
I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.
I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.
Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.
Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.
My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.
Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.
Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.
Also is it common to have the PD box blank in the 485 receipt notice?
Thanks in Advance!!!!!
I have a confusing situation here. Hope someone can help me with this. This is a bit complicated so please bear with me.
I fall under ROW. My first LC was filed in Feb 2005 under RIR and it was in BEC for a long time. So my company filed another LC under PERM in March 2007 which was approved very quickly and I-140 was filed for that.
Then in April 2007 the first LC (PD Feb 2005) was approved and we filed an I-140 for that as well. This was converted to PP and was approved very quickly.
Then in June 07 when my Feb 2005 PD became current we filed for 485 based on that older LC. However in the receipt notice the Priority Date box was blank which I did not notice till yesterday.
My other I-140 with PD March 2007 was pending till Jan 2008 and was approved in mid January. On the same day it was approved I noticed a soft LUD on my pending I-485 which has nothing to do with that I-140.
Now my question is, is it possible that USCIS mistakenly linked my recently approved I-140 (PD Mar 2007) to the pending I-1485? Is that possible? The reason for this worry is the soft LUD that saw on my 485 as mentioned above and the fact that my 485 receipt notice does not have a PD printed on it.
Is there anyway that I can verify which PD is linked to my 485 by contacting USCIS? I have heard of INFOPASS, would that help? If so how can I get an appointment? If as I suspect , the 485 is now linked to the wrong PD, is it difficult to have it corrected? Please let me know.
Also is it common to have the PD box blank in the 485 receipt notice?
Thanks in Advance!!!!!
kanaihya
09-26 05:32 PM
I called the lady IO to get the RN but no luck ..90 days wait ..go to sleep mode ..
more...
conundrum
05-25 07:52 AM
Kennedy's immigration council/staffers were there until late last night and currently none of them are in. It seems they would be in only by around 9-9:15
arunmohan
07-13 02:39 AM
I am in if IV decide to file a law suit. I will contribute.
more...
meridiani.planum
08-06 12:38 PM
Received an email from CRIS stating that Notice mailed welcoming the new permanent resident. Those who are tracking approval, check out IV profile/tracker.
congratulations!! You have been a longtime contributor to IV forums, and have given very good advice to lots of people. Hope you continue to visit here occasionally, your experience and knowledge will help lots of other people.
Though first things first: chill out, its champagne time!! Enjoy!!
congratulations!! You have been a longtime contributor to IV forums, and have given very good advice to lots of people. Hope you continue to visit here occasionally, your experience and knowledge will help lots of other people.
Though first things first: chill out, its champagne time!! Enjoy!!
texcan
02-16 12:51 PM
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
i somehow donot believe this guy....sounds fishy....
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
i somehow donot believe this guy....sounds fishy....
more...
Siboo
07-30 03:47 PM
but you need to improve
Take it as fun...:D
Take it as fun...:D
santb1975
02-14 12:03 AM
These are lengthy but...
Have you heard of the issues faced by Higly skilled Legal Immigrants in US?. Visit Immigration Voice.org
Are you a Highly Skilled Legal Immigrant unable to use your skills and serve United States?
Have you heard of the issues faced by Higly skilled Legal Immigrants in US?. Visit Immigration Voice.org
Are you a Highly Skilled Legal Immigrant unable to use your skills and serve United States?
more...
ingegarcia
08-29 02:53 PM
................Also, Online MBA's, M.S and other programs are not accredited by their respective boards anyway, meaning it�s a good 1 1/2 to 2 years of FULL TIME graduate school to get ahead of the line.
I did a little research I think that depends on the University and not in the type of master degree (on campus, online). There are some well known Universities that offer Online Master degrees like SMU, Michigan, Harvard, Illinois accredited by their respective boads.
I did a little research I think that depends on the University and not in the type of master degree (on campus, online). There are some well known Universities that offer Online Master degrees like SMU, Michigan, Harvard, Illinois accredited by their respective boads.
jsb
03-27 09:31 AM
I agree about your comment on guest workers. But h1bs are also human beings. Rather than treating them like car imported from Japan treat them humane. Don't just think of h1bs as a number. There is a human being behind them. Its not easy to just uproot everything you have since last 10yrs and move back to where you came. This is not a treatment for a "guest".
Also how humane is this for a country touting horn of human rights all over the world (read Tibet/China)?
I agree and share your views on how someone should treat a guest, etc. But I just stated facts.
Regarding open letter to Obama mentioned above, I agree with it one hundred percent. Focus of the letter should be (i) workers are highly educated, (ii) they are legally working and paying taxes, (iii) they are approved for GC, and are simply waiting for completing work on adjustment of their status, (iv) administrative inefficiency. Remember when one files for AOS, a visa is supposed to be already available for you (although due to USCIS bungling that has not been the case).
Also how humane is this for a country touting horn of human rights all over the world (read Tibet/China)?
I agree and share your views on how someone should treat a guest, etc. But I just stated facts.
Regarding open letter to Obama mentioned above, I agree with it one hundred percent. Focus of the letter should be (i) workers are highly educated, (ii) they are legally working and paying taxes, (iii) they are approved for GC, and are simply waiting for completing work on adjustment of their status, (iv) administrative inefficiency. Remember when one files for AOS, a visa is supposed to be already available for you (although due to USCIS bungling that has not been the case).
more...
raghuram
11-10 09:43 PM
For my recent in-laws trip, I took insurance from ICICI Lombard. As one of the previous poster mentioned they are tied up with United Healthcare and they give you an Identity Card from United Healthcare. I previously used United and they are pretty good. So its a reliable Insurance.
I took the platinum cover for my in-laws(age:mid 50s) and it came to around INR 16k for both of them for a 3 months stay, which I consider is reasonable, given a $ 250K coverage.
Previously when my parents came, I have taken ICICI Lombard. Though I was lucky enough that they did not have any medical issues and I did not need to show up at any doctor/hospital.
ICICI Lombard is only a fixed coverage plan for people age over 55 years. It is not a comprehensive coverage plan. It only pays a small fraction of the actual costs.
I took the platinum cover for my in-laws(age:mid 50s) and it came to around INR 16k for both of them for a 3 months stay, which I consider is reasonable, given a $ 250K coverage.
Previously when my parents came, I have taken ICICI Lombard. Though I was lucky enough that they did not have any medical issues and I did not need to show up at any doctor/hospital.
ICICI Lombard is only a fixed coverage plan for people age over 55 years. It is not a comprehensive coverage plan. It only pays a small fraction of the actual costs.
b.rich
06-06 12:19 AM
take it all offff... is azzy tryin to seduce us?;D jk.... nice job sofar, very colorful.
coloniel60
08-15 11:50 AM
USCIS is making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11 and that I am still waiting for the checks to be cashed they say wait for 90 days.
Hinglish
01-07 09:21 PM
Hello miss neha ,
Based on your post ....somehow I seriously doubt that you even got accepted into a premium university for MBA in the US of A ... are you sure its really premium? ... How the hell did a premium university accept an essay with such dastardly atrocious english???
your question is interesting .... and a premium university MBA person should be able to decipher the basic H1B regulations ....
The short answer ... yes if you already have a H1B visa and started work on it , you will be "cap-exempt" for subsequent "transfers" ...
Regards
Hinglish
I did my MBA in one of the premium university in USA.
My OPT was ending in May 2008, However since I was in cap-gap, I got a new I-20 from my school till 30-Sep-2008 and I continued working on my I-20 with my previous employer.
I applied for H1-B in FY 2008 under master quota from a small consulting company B.
My case went into RFE so I left USA on 30-Sep-2008.
I got a approved petition on 23-Nov 2008 . I went to New Delhi consulate for H1-B stamping. However I got a Blue 221 G slip. I never submitted any document as the consultant who applied for my visa , needs lots of time to process the documents. In the mean time I got another offer from one of the fortune 500 companies in USA. I am just exploring the possibility of H1-B transfer in this case. Ofcourse they will file a new H1-B application but would I be cap-exempt in this case?
Thanks,
Neha
Based on your post ....somehow I seriously doubt that you even got accepted into a premium university for MBA in the US of A ... are you sure its really premium? ... How the hell did a premium university accept an essay with such dastardly atrocious english???
your question is interesting .... and a premium university MBA person should be able to decipher the basic H1B regulations ....
The short answer ... yes if you already have a H1B visa and started work on it , you will be "cap-exempt" for subsequent "transfers" ...
Regards
Hinglish
I did my MBA in one of the premium university in USA.
My OPT was ending in May 2008, However since I was in cap-gap, I got a new I-20 from my school till 30-Sep-2008 and I continued working on my I-20 with my previous employer.
I applied for H1-B in FY 2008 under master quota from a small consulting company B.
My case went into RFE so I left USA on 30-Sep-2008.
I got a approved petition on 23-Nov 2008 . I went to New Delhi consulate for H1-B stamping. However I got a Blue 221 G slip. I never submitted any document as the consultant who applied for my visa , needs lots of time to process the documents. In the mean time I got another offer from one of the fortune 500 companies in USA. I am just exploring the possibility of H1-B transfer in this case. Ofcourse they will file a new H1-B application but would I be cap-exempt in this case?
Thanks,
Neha
on_h1b_since_1998
02-08 03:11 PM
Thanks guys for the quick reply. Just one thing I would like to clarify. My old company was not acquired by the new one. It shut down and the client for which I was working then, transferred my H1B and employed me.
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