Asian
05-31 10:48 AM
Yes, you're right, Berkeleybee, that no restriction on AC-21 job portability contradicts labor certification stage. But isn't it also true we can change our job to whatever we want once we get GC? Due to the false system, if we lost years waiting in line, why can't they change the rule to make up for it? I think it is a legitimate and justifiable demand.
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humdesi
11-06 11:09 AM
So barring a once in 5 year trip/mail to consulate, there are no issues with PIO.
There is an issue. You have to make a trip to the local police station every six months to register your child. If you're lucky, the officials will be polite and helpful and do this without fuss. But knowing India very well, they're more likely to create a fuss till you've bribed them. Also, now they know where your child lives and the fact that he/she is a US citizen. Who knows, what kind of people they will pass on this information to...
Conspiracy theories aside, the whole procedure reeks of the way sex offenders have to register with the police in the US - I just don't like it.
There is an issue. You have to make a trip to the local police station every six months to register your child. If you're lucky, the officials will be polite and helpful and do this without fuss. But knowing India very well, they're more likely to create a fuss till you've bribed them. Also, now they know where your child lives and the fact that he/she is a US citizen. Who knows, what kind of people they will pass on this information to...
Conspiracy theories aside, the whole procedure reeks of the way sex offenders have to register with the police in the US - I just don't like it.
gchopes
04-04 10:32 AM
Hi all,
We just had a baby this past weekend. I will be getting the birth certificate of the baby this week for passport application. However, I understand that the SSN card will come only 60-90 days later. The issue is we need to travel to India after 60 days. Can we apply for the US passport without SSN (or getting a letter from SSN office that the SSN is in-process)? Also, would you recommend a PIO or a visa to India if we need to travel in the next 60 days?
Thanks,
gchopes
We just had a baby this past weekend. I will be getting the birth certificate of the baby this week for passport application. However, I understand that the SSN card will come only 60-90 days later. The issue is we need to travel to India after 60 days. Can we apply for the US passport without SSN (or getting a letter from SSN office that the SSN is in-process)? Also, would you recommend a PIO or a visa to India if we need to travel in the next 60 days?
Thanks,
gchopes
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eastwest
03-15 06:45 PM
What I understood from Ron's article:[LIST]
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
That was absolutely Hilarious...It takes an EB-3 to understand that statement.
Awesome...
Personally, I'm Pessimistic... being in India-EB3, that's not a state of mind... it's a lifestyle.
That was absolutely Hilarious...It takes an EB-3 to understand that statement.
Awesome...
more...
gc_buddy
12-03 12:52 AM
Good news..But, let us not stop our campaign until we hear something concrete from USCIS.
prasadn
02-04 02:08 PM
:confused: Does anyone have multiple RFE for I-140? :confused:
I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.
Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:
How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.
I had got multiple RFE's on my I-140. I got the first one in Oct 2008, and got the second one about a month after our response to the first. We responded to the second RFE on Nov 5th, 2008 and the status changed to "Case processing resumed", and even after 60 days there was no decision made on the case as promised. My lawyer placed a phone call on Jan 18th (I believe she opened a SR) and application got approved on the 20th. Just sharing my experience.
Thanks,
Prasad
I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.
Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:
How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.
I had got multiple RFE's on my I-140. I got the first one in Oct 2008, and got the second one about a month after our response to the first. We responded to the second RFE on Nov 5th, 2008 and the status changed to "Case processing resumed", and even after 60 days there was no decision made on the case as promised. My lawyer placed a phone call on Jan 18th (I believe she opened a SR) and application got approved on the 20th. Just sharing my experience.
Thanks,
Prasad
more...
sweet_jungle
10-06 12:08 AM
I am also interested in this topic. My wife is working curently using OPT. But, she is waiting for EAD also. So, once 485 EAD comes, she will be in similar situation.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
Is it possible that we get cuaght by IRS audit since I wonder how safe it is to NOT pay social security tax after you have filed 485? I was reading the other thread about IRS audit and am a bit worried.
Lawyer has suggested using 485 EAD once it comes.
Anyway, for travelling, AP has to be used. Once you travel on AP and come back, you cannot continue working using OPT. You have to use 485 EAD. So, it is better to switch to 485 EAD to avoid confusion.
I am planning to keep her on OPT till Dec 31. It will make our tax filing easier next year. From January, she can switch to 485 EAD and pay social security tax.
Let me know if you can some concrete info on this.
Is it possible that we get cuaght by IRS audit since I wonder how safe it is to NOT pay social security tax after you have filed 485? I was reading the other thread about IRS audit and am a bit worried.
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tigerk
10-02 09:57 AM
Yes you can apply, but you need to have a Co-signee who is either a US citizen or Permanent resident
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TeddyKoochu
01-06 08:43 AM
All depends on spillover; it’s basically "NO SPILLOVER NO CHANGE". So just hoping for spillover to happen. I believe that the current bulletin might just come out late this week or early next week.
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pbojja
08-15 03:39 PM
My I140 is approved on 12th August . Looks like they found the transfered files atlast.
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like_watching_paint_dry
03-14 05:09 PM
Yes. You are in status. Filing for I-485 provides you legal status. If you are without project for too long, transferring H1b might not be an option. But you can work on EAD. You will not be out of status.
Good luck with your job hunt.
Status should not be a problem, but double check with a lawyer. I'm wondering if you can squeeze a sponsorship for a trip home. Not very long ago, I found out that if a US employer terminates a H1, they need to pay the home country relocation costs.
You should find another job, sooner the better. But I sure would like to get such bad desi consultant companies to pay for a plane ticket.
Good luck with your job hunt.
Status should not be a problem, but double check with a lawyer. I'm wondering if you can squeeze a sponsorship for a trip home. Not very long ago, I found out that if a US employer terminates a H1, they need to pay the home country relocation costs.
You should find another job, sooner the better. But I sure would like to get such bad desi consultant companies to pay for a plane ticket.
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Radhika
07-01 08:22 PM
Mostly of the people just think its just giving the annonymous name,phone numbers and getting the benefit of the decision .Please read these point and understand carefully before jumping.
Please be aware, though, that USCIS is likely to examine plaintiffs� adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding �discovery.�
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
Let them ask questions and many as RFEs. why to worry we are here as legal Immigrants. I am ready to take the pain which is far better. and it si best way to make them realize.
Please be aware, though, that USCIS is likely to examine plaintiffs� adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding �discovery.�
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
Let them ask questions and many as RFEs. why to worry we are here as legal Immigrants. I am ready to take the pain which is far better. and it si best way to make them realize.
more...
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abhishek101
05-17 05:50 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
What your lawyer is saying that your duties are not 50% different from the original filing. Seems you work for a big corporation.
I work for a fortune 10 company and one of my colleague got the exact same response when she tried the same thing. I moved from Tech to Finance and they were fine doing it for me. So try to change your job substantially and retry.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
What your lawyer is saying that your duties are not 50% different from the original filing. Seems you work for a big corporation.
I work for a fortune 10 company and one of my colleague got the exact same response when she tried the same thing. I moved from Tech to Finance and they were fine doing it for me. So try to change your job substantially and retry.
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mgmanoj
08-20 06:19 PM
Whats the process to do stamping in canada ? My visa has expired since Jan' 2008 - is it same like India ? Do we still get stuck with PMIS or is it okay to go on I-94 and keep the same to re-entry if any issues ?
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ajju
03-01 12:04 PM
Hi All,
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.
I've heard of this behavior at PoE especially for Mexico and Canada.. I think we need to remind and ask for stamping.. even if they say its okay...
I landed in Canada in 2004 and came back in 2 weeks... My original I-94 had expired.. but I 'd new one on my new H1 approval.. So they gave me a new I-94.. My wife's I-94 was valid.. so she didn't get a new I-94... But her passport was stamped... May be because it was first trip...
I agree with gokhale35 to provide evidence from CC... but if its older than a year.. most CC bills won't be available... lease copy may be possible... I think affidavit plus letter from employer may suffice.. But a lawyer would be your best bet anyways...
Good luck... should be resolved soon.. and you'll get GC soon...
Where's mine :-(
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.
I've heard of this behavior at PoE especially for Mexico and Canada.. I think we need to remind and ask for stamping.. even if they say its okay...
I landed in Canada in 2004 and came back in 2 weeks... My original I-94 had expired.. but I 'd new one on my new H1 approval.. So they gave me a new I-94.. My wife's I-94 was valid.. so she didn't get a new I-94... But her passport was stamped... May be because it was first trip...
I agree with gokhale35 to provide evidence from CC... but if its older than a year.. most CC bills won't be available... lease copy may be possible... I think affidavit plus letter from employer may suffice.. But a lawyer would be your best bet anyways...
Good luck... should be resolved soon.. and you'll get GC soon...
Where's mine :-(
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WaitingForMyGC
09-26 11:16 AM
Congratulations..would you change ur IV handle now to GC_ROCKS or something :-)
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Keeme
02-11 01:40 PM
Last week my wife's I-485 got an RFE on Medical Examination and Photos. Why is that only my wife got it and not me the primary applicant? Any thoughts. I have read some time ago that if the Medical examinations are 1 year older at the time of application processing they would request for a new one, is that still true?
Looking for your replies.
Thanks,
Raj
Contributed $300 so far.
Call and ask them how can they do this huge mistake and they will issue one for you as well !
My older son got a cut on his right thumb yesterday and I was putting a bandage on it and my younger one came and said - " I want also a bandage. Why only him ? Why can't I have it ? " Would you pl answer him ?
Looking for your replies.
Thanks,
Raj
Contributed $300 so far.
Call and ask them how can they do this huge mistake and they will issue one for you as well !
My older son got a cut on his right thumb yesterday and I was putting a bandage on it and my younger one came and said - " I want also a bandage. Why only him ? Why can't I have it ? " Would you pl answer him ?
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09-26 07:35 PM
Congrats!!!
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EADQuestion
08-14 12:21 AM
My EAD expiring on September 9th, 2010. I applied June 16th 2010, Notice date 23rd June 2010.
I have not received anything so far. I have India travel planned on August 27th.
My worry is if I receive Finger printing notice when I am in India, what will I do?
USCIs expedite request denied because 75 days not over yet.
What are my options? Losing my sleep over this. Pls answer..
I have not received anything so far. I have India travel planned on August 27th.
My worry is if I receive Finger printing notice when I am in India, what will I do?
USCIs expedite request denied because 75 days not over yet.
What are my options? Losing my sleep over this. Pls answer..
indyanguy
09-18 08:33 PM
july 2nd filer. transfer notice receipt date is aug 30th. This is confusing! Can someone please clarify:mad:
ena23
03-08 12:33 PM
they got confused that he is a full time ??..pls share more light..your situation is not clear to me
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