help_please
10-05 11:01 AM
I found an article that explains the 180 day rule a little better. I believe it is called section 245(k). You should definitely get advice through an experienced attorney to make sure.
http://64.233.169.104/search?q=cache:kryvq9A7YjkJ:www.murthy.com/adjsta.html+section+245k&hl=en&ct=clnk&cd=1&gl=us
http://64.233.169.104/search?q=cache:kryvq9A7YjkJ:www.murthy.com/adjsta.html+section+245k&hl=en&ct=clnk&cd=1&gl=us
uma001
10-16 09:35 AM
Friends,
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
What is the cost for premium processing
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
What is the cost for premium processing
tnite
10-16 01:28 PM
- 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Contact USCIS and let them know that the application was delivered on Aug 15th.Open a service request.
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
H1B expiring shouldn't be of concern.Once your H1b expires you are in Adjustment of Status.Inform your employer to change the employer verification details in I9. Ask him use the EAD instead of H1B.
As far as your wife is concerned it still doesnt matter whether she gets her EAD or not before her H1 expires.But she cannot continue to work once her
H1B expires until she receives the EAD .If I were you I would extend both the H1b and stay on h1b until possible.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing for 1485 provided your I140 was approved.
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
NO.She needs EAD card. Approval notice cannot be used to work.Thats illegal.
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
Once approved anywhere from 7-30 days you might get the GC by mail.
I dont know whether there are enough numbers.I won't even speculate.
- Would I get the fingerprinting notice directly or would my employer receive it?
You would get a copy of the FP notice.
- What other formalities would be left after (assuming) 485/765 are approved?
765 is EAD.Its a interim benefit while your 485 is in process.485 is for adjustment of status.Once 485 is approved you get the GC. There are no formalities.Have fun and njoy
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
check out this 485 SOP (http://www.immigration.com/newsletter1/uscissopprocd.pdf)and there are more if you can google it.
Goodluck
- Should I be receiving an EAD 90 days from Aug 15th or Oct 1?
Contact USCIS and let them know that the application was delivered on Aug 15th.Open a service request.
- My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?
H1B expiring shouldn't be of concern.Once your H1b expires you are in Adjustment of Status.Inform your employer to change the employer verification details in I9. Ask him use the EAD instead of H1B.
As far as your wife is concerned it still doesnt matter whether she gets her EAD or not before her H1 expires.But she cannot continue to work once her
H1B expires until she receives the EAD .If I were you I would extend both the H1b and stay on h1b until possible.
- When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?
180 days after filing for 1485 provided your I140 was approved.
- Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?
NO.She needs EAD card. Approval notice cannot be used to work.Thats illegal.
- How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?
Once approved anywhere from 7-30 days you might get the GC by mail.
I dont know whether there are enough numbers.I won't even speculate.
- Would I get the fingerprinting notice directly or would my employer receive it?
You would get a copy of the FP notice.
- What other formalities would be left after (assuming) 485/765 are approved?
765 is EAD.Its a interim benefit while your 485 is in process.485 is for adjustment of status.Once 485 is approved you get the GC. There are no formalities.Have fun and njoy
- Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?
check out this 485 SOP (http://www.immigration.com/newsletter1/uscissopprocd.pdf)and there are more if you can google it.
Goodluck
Jyothi
01-25 09:57 AM
I support this.. Please draft the letter
more...
onemorecame
06-26 04:14 PM
Paying all money from my own pocket
arc
11-12 01:08 AM
I have a future employment never worked for them and was going to do a AC21 cause I received RFE asking my intent, the RFE mentioned that I can either do AC21 with current company or stay with the future employment company... :confused: I stayed with the future employment company and I thank my stars cause the current company I worked for went under...:eek:
My attorney told me one can do AC21 and so did the RFE... although I have read on forums that its better to work with the company who applied your GC for atleast 6 mos, I ahve also read that one can be asked at the time of Citizenship about why they changed their Intent - Hope this helps!
Anyway to the Person who was asking about the extension of 6th year H1 - 6th year H1 extension is based on Labor does not matter if 140 is approved or applied...FYI
My attorney told me one can do AC21 and so did the RFE... although I have read on forums that its better to work with the company who applied your GC for atleast 6 mos, I ahve also read that one can be asked at the time of Citizenship about why they changed their Intent - Hope this helps!
Anyway to the Person who was asking about the extension of 6th year H1 - 6th year H1 extension is based on Labor does not matter if 140 is approved or applied...FYI
more...
perm2gc
08-28 05:15 PM
Hi, I have 3 yrs exp. as a software engineer. I have a master's degree . In order to be qualified for EB2, which is better to be put on the job ad, BS+5 or MS+2? Based on my understanding:
BS+5: BS is believed to be qualified enough for the software engineer position. But BS+5 may not be qualified for EB2?
MS+2: Master degree is good for EB2, but wondering if the DoL thinks it is necessary for a SE position.
Could you please give me advice on this? I really appreciate that.
Thanks. SE position is for MS+2 yrs according to the new PERM and you are saying 3 yrs as SE but at the same time you want to files under EB2 with BS+5 yrs...
Your attorney or your employer are good resources to ask..
BS+5: BS is believed to be qualified enough for the software engineer position. But BS+5 may not be qualified for EB2?
MS+2: Master degree is good for EB2, but wondering if the DoL thinks it is necessary for a SE position.
Could you please give me advice on this? I really appreciate that.
Thanks. SE position is for MS+2 yrs according to the new PERM and you are saying 3 yrs as SE but at the same time you want to files under EB2 with BS+5 yrs...
Your attorney or your employer are good resources to ask..
masterji
01-12 12:43 AM
If your application is excessively delayed, you can always enter using a valid AP. Gurus correct me if I am wrong.
more...
LostInGCProcess
02-04 06:30 PM
thx vhd999,
was it Fedex/UPS envelopes or USPS ones?
thinking of sending both :-)
If at all you would like to send, then better send USPS overnight envelope. They are also very reliable.
was it Fedex/UPS envelopes or USPS ones?
thinking of sending both :-)
If at all you would like to send, then better send USPS overnight envelope. They are also very reliable.
SSSarkar
06-25 11:42 AM
My company is paying all the cost except medical exam and photos.
more...
fcres
08-08 10:11 AM
What i have heard is that the RFE for I140 are mostly for ability to pay and for educational qualifications.
willIWill
06-16 12:54 PM
Vinzak, You have to take into consideration the recaptured visas of the 90's applied in the period 00-06. If I remember correctly the earlier recapture was signed in 2000 by Pres. Clinton . If we exclude those recaptured numbers the actuals are much lesser. Hope this helps.
more...
Blog Feeds
01-09 02:20 PM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh2eHs8ZxFGeyAbVwedVsM6OnMYKIG5ovhs6TXr6u8fLshzHPfoHDQlOrlGKIMEK-2mOPQsAtj8_7WFjSudmIBzqZguqVnoJS18PpXBDpbjNvyOEPrws37ArTKmIEVIWgM8nXS9-MKKR-U/s320/2010-01-07+international-business-industry-night.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh2eHs8ZxFGeyAbVwedVsM6OnMYKIG5ovhs6TXr6u8fLshzHPfoHDQlOrlGKIMEK-2mOPQsAtj8_7WFjSudmIBzqZguqVnoJS18PpXBDpbjNvyOEPrws37ArTKmIEVIWgM8nXS9-MKKR-U/s1600-h/2010-01-07+international-business-industry-night.jpg)By Deborah Notkin, AILA Past President
Unfortunately, that's exactly what the Gutierrez bill is. While there are many excellent provisions on important components of immigration reform, especially family unity and legalization, the employment immigration provisions are overwhelmingly negative and geared to eliminate the employers from having any reasonable input on the specific types of foreign employees that are required in an evolving economy. The overarching provision is the establishment of a "Commission" that would determine U.S. immigration policy (numbers and categories) pertaining to temporary and permanent workers. A commission of seven "experts" would report to both houses of Congress annually the types and number of workers that could enter the U. S. Unless both houses of Congress acted to block them (a rarity in today's world), the Commission's "recommendations" would become the law of the land.
There are a number of reasons why substituting Congress with a commission is a bad idea. First, we don't have the statistical evidence available to make good measurements on an annual basis. Second, government commissions in DC overwhelmingly end up becoming unelected political entities, with their own agendas, often exceeding their original mission. Third, a politicized commission on such a controversial issue would be especially problematic because it would not be accountable directly to voters as are elected representatives. In a debate on the Commission concept that I attended in New York, proponents were struggling to find even a few examples of Beltway government commissions that worked and did not become politicized.
While the Gutierrez bill should be commended for including provisions requiring employers to take responsibility for utilizing ethical recruiters and providing a few exemptions from the employment based quota for certain types of professionals, it generally negates the legitimacy of corporate needs and lacks any concept of the global economy and the international, competitive personnel market.
Most egregious is the idea of bringing in a lesser skilled workforce through a sort of "hiring hall" lottery system that would eliminate employers entirely from the selection process. Foreign workers would be placed in a database and assigned to employers based on some computer's or bureaucrat's idea of a match. It reminds one of the unfortunate migrants who are day workers standing outside waiting to be randomly hired. Here, they can just stand in their own countries being assigned to an employer they may not have chosen if given the choice.
Additional provisions would eliminate the ability of employers to use entry level wages for entry level temporary workers. Forcing employers to pay foreign nationals more than their U.S. worker counterparts is totally absurd. Is this how we think America will benefit from the many foreign nationals who have just graduated from, among other fields, Science, Technology, Engineering, and Mathmatics, programs? And of course, the unworkable cap on H-1B temporary professional workers in a healthy economy is totally ignored, evidently to be left to the gang of seven commissioners.
It appears that Congressman Gutierrez put his heart and soul into legalization and family unity but left the employment provisions to be drafted by the most anti-employer parties in this debate. Much is borrowed from the Durbin-Grassley proposed H-1B and L-1B provisions and the Economic Policy Institute's piece on immigration, which starts out by labeling all employers using foreign workers as participants in indentured servitude.
I have only highlighted a few of the egregious provisions that promise to sink an otherwise good piece of legislation. And this does not serve anyone who sincerely wants to find a solution to the human tragedy faced by undocumented migrants in the United States.
https://blogger.googleusercontent.com/tracker/186823568153827945-4566215004987922662?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/gutierrez-billa-good-legalization-and.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh2eHs8ZxFGeyAbVwedVsM6OnMYKIG5ovhs6TXr6u8fLshzHPfoHDQlOrlGKIMEK-2mOPQsAtj8_7WFjSudmIBzqZguqVnoJS18PpXBDpbjNvyOEPrws37ArTKmIEVIWgM8nXS9-MKKR-U/s320/2010-01-07+international-business-industry-night.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh2eHs8ZxFGeyAbVwedVsM6OnMYKIG5ovhs6TXr6u8fLshzHPfoHDQlOrlGKIMEK-2mOPQsAtj8_7WFjSudmIBzqZguqVnoJS18PpXBDpbjNvyOEPrws37ArTKmIEVIWgM8nXS9-MKKR-U/s1600-h/2010-01-07+international-business-industry-night.jpg)By Deborah Notkin, AILA Past President
Unfortunately, that's exactly what the Gutierrez bill is. While there are many excellent provisions on important components of immigration reform, especially family unity and legalization, the employment immigration provisions are overwhelmingly negative and geared to eliminate the employers from having any reasonable input on the specific types of foreign employees that are required in an evolving economy. The overarching provision is the establishment of a "Commission" that would determine U.S. immigration policy (numbers and categories) pertaining to temporary and permanent workers. A commission of seven "experts" would report to both houses of Congress annually the types and number of workers that could enter the U. S. Unless both houses of Congress acted to block them (a rarity in today's world), the Commission's "recommendations" would become the law of the land.
There are a number of reasons why substituting Congress with a commission is a bad idea. First, we don't have the statistical evidence available to make good measurements on an annual basis. Second, government commissions in DC overwhelmingly end up becoming unelected political entities, with their own agendas, often exceeding their original mission. Third, a politicized commission on such a controversial issue would be especially problematic because it would not be accountable directly to voters as are elected representatives. In a debate on the Commission concept that I attended in New York, proponents were struggling to find even a few examples of Beltway government commissions that worked and did not become politicized.
While the Gutierrez bill should be commended for including provisions requiring employers to take responsibility for utilizing ethical recruiters and providing a few exemptions from the employment based quota for certain types of professionals, it generally negates the legitimacy of corporate needs and lacks any concept of the global economy and the international, competitive personnel market.
Most egregious is the idea of bringing in a lesser skilled workforce through a sort of "hiring hall" lottery system that would eliminate employers entirely from the selection process. Foreign workers would be placed in a database and assigned to employers based on some computer's or bureaucrat's idea of a match. It reminds one of the unfortunate migrants who are day workers standing outside waiting to be randomly hired. Here, they can just stand in their own countries being assigned to an employer they may not have chosen if given the choice.
Additional provisions would eliminate the ability of employers to use entry level wages for entry level temporary workers. Forcing employers to pay foreign nationals more than their U.S. worker counterparts is totally absurd. Is this how we think America will benefit from the many foreign nationals who have just graduated from, among other fields, Science, Technology, Engineering, and Mathmatics, programs? And of course, the unworkable cap on H-1B temporary professional workers in a healthy economy is totally ignored, evidently to be left to the gang of seven commissioners.
It appears that Congressman Gutierrez put his heart and soul into legalization and family unity but left the employment provisions to be drafted by the most anti-employer parties in this debate. Much is borrowed from the Durbin-Grassley proposed H-1B and L-1B provisions and the Economic Policy Institute's piece on immigration, which starts out by labeling all employers using foreign workers as participants in indentured servitude.
I have only highlighted a few of the egregious provisions that promise to sink an otherwise good piece of legislation. And this does not serve anyone who sincerely wants to find a solution to the human tragedy faced by undocumented migrants in the United States.
https://blogger.googleusercontent.com/tracker/186823568153827945-4566215004987922662?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/gutierrez-billa-good-legalization-and.html)
sdudeja
01-29 08:31 PM
I checked online for my daughter's 485 and it shows approved and document(possibly GC):eek: mailed on 12 Jan. But my status shows RFE stage. Another interesting thing is my daughter got fingerprinting for Jan 15. She has already done fingerprinting with us in Dec 07. Even if it was to be approved for my daughter how it can happen that she goes for FP on 15 Jan and they mailed document. I dont know what is going on. Any suggestions?
more...
masti_Gai
01-05 03:26 PM
That was a great move from your side buddy. So many might join this forum by this weekend i guess.:)
rajenk
10-19 11:21 AM
OP,
Check my reply in the following thread for your question 4.
http://immigrationvoice.org/forum/forum105-immigrant-visa/1599821-eb2-i140-approved-looking-for-a-visa-transfer-is-it-possible.html
The sections I referred in the Adjudicator's Field manual means
USCIS revocation for Fraud or misrepresentation in the application.
Check my reply in the following thread for your question 4.
http://immigrationvoice.org/forum/forum105-immigrant-visa/1599821-eb2-i140-approved-looking-for-a-visa-transfer-is-it-possible.html
The sections I referred in the Adjudicator's Field manual means
USCIS revocation for Fraud or misrepresentation in the application.
more...
Alabaman
04-07 06:52 PM
Whats your discipline and industry?
I am not sure I understand your point 1. "and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate".
Your point 3 too... "I kicked there butt after getting selected and telling them on why did I do that". What do you mean?
Hi Friends.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
I am not sure I understand your point 1. "and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate".
Your point 3 too... "I kicked there butt after getting selected and telling them on why did I do that". What do you mean?
Hi Friends.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
Raynstorm
08-09 05:37 AM
Hi David,
a bit of the record, but your link to the site reminds me a bit of this early '90ies computergame "Indiana Jones" (some adventure which was lots of fun back in the dayz). It was one of the puzzles.
Nice though!
Rayn
a bit of the record, but your link to the site reminds me a bit of this early '90ies computergame "Indiana Jones" (some adventure which was lots of fun back in the dayz). It was one of the puzzles.
Nice though!
Rayn
speddi
09-12 04:35 PM
Hi,
I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.
1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?
Thank you.
I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.
1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?
Thank you.
yabadaba
10-26 06:19 PM
http://immigrationvoice.org/forum/showthread.php?t=14870&page=3
gbof
10-09 10:08 PM
:) Even if USCIS says that they cant predict future cut-off dates, its not going to slow down the prediction-pundits on IV. Soon we'll have a thread out for December Visa Bulletin prediction!!
I vaguely remember a big guy from uscis presenting a awafully hopeless picture on forward movement (just before june/luly 09), there was a generous spill over in sep09 and dates moved forward (hopefully neverto go back). I donot believe what these non serious guys say. Let us hope for the best.
I vaguely remember a big guy from uscis presenting a awafully hopeless picture on forward movement (just before june/luly 09), there was a generous spill over in sep09 and dates moved forward (hopefully neverto go back). I donot believe what these non serious guys say. Let us hope for the best.
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