shanti
08-07 10:04 AM
http://www.hooyou.com/lc/perm_eb2vseb3.html
The job has to have a SVP greater than 8. If SVP is lower than 8 but they say that there is a business need for EB2 then you will need a level 3 salary -or higher-, if SVP is greater than 8 and is a job zone 5 then it has to be greater than level 1 for the area.
Anyways it is a great question for the conference with the lawyer. http://online.onetcenter.org/find/re...=software&g=Go
The job has to have a SVP greater than 8. If SVP is lower than 8 but they say that there is a business need for EB2 then you will need a level 3 salary -or higher-, if SVP is greater than 8 and is a job zone 5 then it has to be greater than level 1 for the area.
Anyways it is a great question for the conference with the lawyer. http://online.onetcenter.org/find/re...=software&g=Go
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Ann Ruben
01-20 11:17 AM
Abhay,
The USCIS online case status system has never been 100% accurate. New data is "dumped" into the system on a nightly basis, and sometimes there is a technical glitch that randomly prevents some data from being transferred. USCIS claims that it is impossible to correct this problem and update case status info. in individual cases. So, it is unlikely that you will be able to get the online status changed.
However, what you can and should do is to get written confirmation from USCIS that your RFE response was timely filed. If your lawyer is a member of AILA, he can use the AILA/TSC liaison process to obtain this written confirmation from USCIS. If your lawyer cannot or will not do this, you should consider finding another immigration lawyer. Remember that the I-485 is your application, and not your employer's. You are entitled to legal representation of your choice.
Ann
The USCIS online case status system has never been 100% accurate. New data is "dumped" into the system on a nightly basis, and sometimes there is a technical glitch that randomly prevents some data from being transferred. USCIS claims that it is impossible to correct this problem and update case status info. in individual cases. So, it is unlikely that you will be able to get the online status changed.
However, what you can and should do is to get written confirmation from USCIS that your RFE response was timely filed. If your lawyer is a member of AILA, he can use the AILA/TSC liaison process to obtain this written confirmation from USCIS. If your lawyer cannot or will not do this, you should consider finding another immigration lawyer. Remember that the I-485 is your application, and not your employer's. You are entitled to legal representation of your choice.
Ann
saeedi
08-23 10:33 PM
Question:
I belong to Rest of world my category is EB-3 my ETA filed on 02 Jan 2002 and approved on feb 2004 my I-140 approved on april 2004.now my priority date has reached now I would like to ask How long will it take to for further procedure at the embassy and to sheduled my interview get my visa i m not living in USA can u tel me about my issue. I will really appraciate.
Thank you.
I belong to Rest of world my category is EB-3 my ETA filed on 02 Jan 2002 and approved on feb 2004 my I-140 approved on april 2004.now my priority date has reached now I would like to ask How long will it take to for further procedure at the embassy and to sheduled my interview get my visa i m not living in USA can u tel me about my issue. I will really appraciate.
Thank you.
2011 Damask and Pink
prem_goel
08-16 07:03 PM
Don't worry Matt_Peru, if you have a fedex confirmation that USCIS has received it then you are good to go. USCIS these days is pushing the H-1b transfer/extension petitions to its extreme. Be prepared to expect a reply from USCIS only near to the 14th/15th day deadline for your petition. It'll take them approximately 2 weeks just to acknowledge your petition, and then your 15 day premium processing timeline will begin. Further, they might issue you a RFE on the 14th day after that. When you reply to the RFE petition, they'll give you a decision only after 14 days or so, not before that.
Gone are the days when PP H1b petitions used to be processed accurately in a weeks' time. Now even though you'll send the petition by overnight fedex, its upto USCIS's discretion to acknowledge whenever they'd like, and then the premium processing timeline will start.
I don't mean to discourage you here, but just to let you know of the ground realities as I recently faced with my own PP petition. People using regular processing are even more poorer with the total processing timeframe(including RFE) nearing about 4-5 months. In your case, if you were to get an RFE it'll be 3 months or so, if you don't it'll be about a month or so.
Gone are the days when PP H1b petitions used to be processed accurately in a weeks' time. Now even though you'll send the petition by overnight fedex, its upto USCIS's discretion to acknowledge whenever they'd like, and then the premium processing timeline will start.
I don't mean to discourage you here, but just to let you know of the ground realities as I recently faced with my own PP petition. People using regular processing are even more poorer with the total processing timeframe(including RFE) nearing about 4-5 months. In your case, if you were to get an RFE it'll be 3 months or so, if you don't it'll be about a month or so.
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another_wei
05-01 04:21 PM
Yes, I did leave after being here more 8 years when my AP was approve i went back to China in 2008. The after 3 weeks visit my family I returned to United States and admitted back ok.
Very strange they asking for school transcript from almost 10 years ago (my F1 start 1999)
Thank you, thank you! Best I get a Lawyer to answer this latest RFE but i feel much better now. I should be pass I hope!
Very strange they asking for school transcript from almost 10 years ago (my F1 start 1999)
Thank you, thank you! Best I get a Lawyer to answer this latest RFE but i feel much better now. I should be pass I hope!
gondalguru
06-20 12:09 AM
All I can say is for J1 physician is different then regular J1 visa. If you are J1 physician you have to serve 3 years in an underserved area on H1b visa and then and then you can get your GC. If you file NIW for physician you can apply for I-140 and I-485 but you will get GC after 5 yrs of service in an underserved area.
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amirani
03-06 01:42 PM
Thanks for all the information and support, I really appreciate that.
I just talked with DOL representative, he was very supportive and he asked me to fill WH4 and fax it to them and said they will take immediate action on this.
I just have one more question, my employer has branch in CA and NJ both states so which address I should mention in WH4? as I think both states have diff. rules.
I just talked with DOL representative, he was very supportive and he asked me to fill WH4 and fax it to them and said they will take immediate action on this.
I just have one more question, my employer has branch in CA and NJ both states so which address I should mention in WH4? as I think both states have diff. rules.
2010 Dresses. Accessories. Makeup.
waitin_toolong
11-19 09:36 AM
as long as the I-797 is current the expired stamp does not matter but do send a copy of it.
You dont have to renew EAD if she is not working and save $340. Her next EAD (whenever she applies) will be a new Application.
But do remember it always takes time to obtain an EAD so if she needs it any time in future she will have to wait so be very sure about not working. EAD is not a proof of legal status only an authorization toi work so you dont need it if you dont plan to work.
As for AP, unless you dont plan to travel even for emergency reasons of have valid H1 stamped or can get it stamped you dont need it.
For wife make sure her travel is not in between applications. She should travel with an approved AP and apply for renewal and wait for it to be approved before she departs the country.
You dont have to renew EAD if she is not working and save $340. Her next EAD (whenever she applies) will be a new Application.
But do remember it always takes time to obtain an EAD so if she needs it any time in future she will have to wait so be very sure about not working. EAD is not a proof of legal status only an authorization toi work so you dont need it if you dont plan to work.
As for AP, unless you dont plan to travel even for emergency reasons of have valid H1 stamped or can get it stamped you dont need it.
For wife make sure her travel is not in between applications. She should travel with an approved AP and apply for renewal and wait for it to be approved before she departs the country.
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walker15
02-01 09:34 AM
I used Rajiv Khanna and Amarnath Gowda(www.gowda.com). They both were good and will provide satisfactory service.
hair A few project ideas
KbK
07-20 04:38 PM
Hi eagerr2i,
Can you give some details about, how to get the certification. My wife is also doing her teaching credentials in the community college and we live in california.
Thanks buddy for your help.
Can you give some details about, how to get the certification. My wife is also doing her teaching credentials in the community college and we live in california.
Thanks buddy for your help.
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no_more_anger
02-06 05:46 PM
> If you are promoted as IT manager having significant overlap of job functions, you should be fine.
No. That is incorrect. A manager is responsible for managing people (besides other
duties). That is a totally different job description and different category for labor.
Some useful info:
* If you are on H1 and job description changes (like u become a manager), H1
amendmend MUST be filed.
* If you are using EAD, then company doesn't need to file anything. If a RFE comes,
you are required to show proof of job position with job description corresponding to
that of approved labor. If your company is ready to do that (or u can get that somehow),
you are good.
* If you don't follow the rules, you WILL be fine as long as a RFE does not come :-)
* Lastly, I know people in many companies where for HR purposes they are still a
developer (or whatever) and for real, they perform totally different job functions (like
marketing). If your company allows this, then it's an option (not legal, but practiced ).
Disclaimer: I am not a lawyer.
No. That is incorrect. A manager is responsible for managing people (besides other
duties). That is a totally different job description and different category for labor.
Some useful info:
* If you are on H1 and job description changes (like u become a manager), H1
amendmend MUST be filed.
* If you are using EAD, then company doesn't need to file anything. If a RFE comes,
you are required to show proof of job position with job description corresponding to
that of approved labor. If your company is ready to do that (or u can get that somehow),
you are good.
* If you don't follow the rules, you WILL be fine as long as a RFE does not come :-)
* Lastly, I know people in many companies where for HR purposes they are still a
developer (or whatever) and for real, they perform totally different job functions (like
marketing). If your company allows this, then it's an option (not legal, but practiced ).
Disclaimer: I am not a lawyer.
hot More collage ideas
Ann Ruben
01-26 10:05 PM
The officer who interviewed you was absolutely incorrect. If you have maintained valid H-1B status you are NOT required to obtain an Advance Parole in order to travel without abandoning your AOS application.The following text from the USCIS Adjudicator's Field Manual makes this clear:
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
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house collage ideas for pictures. I#39;ll take those ideas and turn
jonty_11
02-06 05:57 PM
Good advice vamsi_poondla. Changing job is always a problem in I-485 stage. Making this more flexible is one of the administrative fixes IV is proposing in the letter to the President. One more reason for everyone to mail that letter, if not mailed already.
correct please get to the core problem rather than duscussing the cursory nature of AOS status. We need to get a resolution to our problems. Please post the letters...!!
correct please get to the core problem rather than duscussing the cursory nature of AOS status. We need to get a resolution to our problems. Please post the letters...!!
tattoo So many collage ideas,
mrshah
11-07 10:16 PM
our notice date on receipt is Sep 12, 2007....but no FP notice yet!
How long does it take to get FP notice? one of our fren got receipt later than us but already got FP notice ....
How long does it take to get FP notice? one of our fren got receipt later than us but already got FP notice ....
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pictures Back to Collage Ideas HOME
cygent
07-02 04:43 PM
You cannot sue them for any of the above.
3) See (2)
kaisersose,
I see your point in 1) Ok, I will agree with that. My mistake.
But from 2) it is very clear injustice. You just mentioned that they made a "choice" not to burn unused visa's, well then that choice obviously excluded the rest of the field, in terms of the rules. Of course, they have the excuse of backlog + 2007 visagate, but that does not redeem their actions. The root cause is because of how the laws were crafted.
Similar argument for 3) - They must be held accountable.
3) See (2)
kaisersose,
I see your point in 1) Ok, I will agree with that. My mistake.
But from 2) it is very clear injustice. You just mentioned that they made a "choice" not to burn unused visa's, well then that choice obviously excluded the rest of the field, in terms of the rules. Of course, they have the excuse of backlog + 2007 visagate, but that does not redeem their actions. The root cause is because of how the laws were crafted.
Similar argument for 3) - They must be held accountable.
dresses +frame+wall+collage+ideas
ingegarcia
12-13 12:00 PM
How can a illegal obtain a paycheck without using a stolen SSN, so there is no way CIR can pass in its current state which allows for a guest worker program. This would mean that any illegal who has stolen a SSN would not be eligible for Guest Worker program - which would be over 90% of illegals.
They usually do not receive a paycheck they receive cash instead :D .
They usually do not receive a paycheck they receive cash instead :D .
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makeup Collage Ideas: Use Them
ngopikrishnan
04-04 09:37 PM
Read this thread: http://immigrationvoice.org/forum/showthread.php?t=16773
FYI, my 8th thru 10th year H1B extension approval had the A# from I-140, not the one from I-485.
FYI, my 8th thru 10th year H1B extension approval had the A# from I-140, not the one from I-485.
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Kitiara
10-18 09:18 AM
Cheers. :)
I'll try that tactic on the others, see if it reduces them any more. Like I said, I've never really had to use Fireworks much before, so I've still got no idea of the best way to go about things, and all the little tricks you can do. :-\
I'll try that tactic on the others, see if it reduces them any more. Like I said, I've never really had to use Fireworks much before, so I've still got no idea of the best way to go about things, and all the little tricks you can do. :-\
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jonty_11
11-17 10:21 AM
MY intention was not to make this India Specific, but to bring to light the lobbying effort....Although the Bill is not passed....it is silently being pushed. The Immigration reform and SKILL is being touted and shouted abt so much, that it becomes a scare for congressmen to even touch it, let alone pass it.
We have to work secretly more than ever..its important. and I hope IV is doing exactly that with Quinn and Gillespi
We have to work secretly more than ever..its important. and I hope IV is doing exactly that with Quinn and Gillespi
abdulazeez77
08-14 07:13 PM
Should I send my orginal I-797 with her or just the copy?
bkn96
11-24 01:20 PM
my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..
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