seahawks
09-07 01:40 PM
emailed my details for lobby day.
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avi101
04-12 04:41 PM
I don't think the flaw is with Labor substitution per se. The problem is with the assignment of labor's original priority date to the new substituted alien.
An individual gets attached to the labor at the I140 stage, and thats the date they should use for substituted labor applications. This along with Perm's (ideal) processing times would make labor substitution insignificant.
Source:
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
From above Source:
---------------------
DATES: Interested persons are invited to submit written comments on the
proposed rule on or before April 14, 2006.
ADDRESSES: You may submit comments, identified by Regulatory
Information Number (RIN) 1205-AB42, by any of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the Web site instructions for submitting comments.
E-mail: Comments may be submitted by e-mail to
fraud.comments@dol.gov. Include RIN 1205-AB42 in the subject line of
the message.
An individual gets attached to the labor at the I140 stage, and thats the date they should use for substituted labor applications. This along with Perm's (ideal) processing times would make labor substitution insignificant.
Source:
http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
From above Source:
---------------------
DATES: Interested persons are invited to submit written comments on the
proposed rule on or before April 14, 2006.
ADDRESSES: You may submit comments, identified by Regulatory
Information Number (RIN) 1205-AB42, by any of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the Web site instructions for submitting comments.
E-mail: Comments may be submitted by e-mail to
fraud.comments@dol.gov. Include RIN 1205-AB42 in the subject line of
the message.
keerthi
04-03 11:01 AM
I work as a software engineer in India and the US branch of my company has filed a L1-B petition by September 2008. The petition got denied by Nov 18, 2008 stating that I don't possess "specialized knowledge". Knowing that I am the only person who possesses knowledge of one of the company's product, we filed an appeal to re-consider by Dec 18, 2008.
The USCIS moved the case to AAO by Feb 9, 2009. After which there is no status change. The status of the case as reported by the USCIS web site is:
Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
Two months have passed by and I don't know how much more time it is going to take. Can someone please tell me how long this process is going to take?
Should we just withdraw this appeal and re-file again? In the meantime can I opt a B1 and work there a few months until the L1-B is approved?
The USCIS moved the case to AAO by Feb 9, 2009. After which there is no status change. The status of the case as reported by the USCIS web site is:
Application Type: I290B, NOTICE OF APPEAL TO THE COMMISSIONER
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
Two months have passed by and I don't know how much more time it is going to take. Can someone please tell me how long this process is going to take?
Should we just withdraw this appeal and re-file again? In the meantime can I opt a B1 and work there a few months until the L1-B is approved?
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baba84
04-26 03:28 PM
what does your lawyer say about the matter?
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GCchakravyuh
07-13 11:43 AM
Dressing up professional makes utmost sense. Afterall they are dealing with 'professional legal immigrants' , not the illegal ones.
So guys , gals... make sure please NO JEANS. if you have summer wear suit fine, otherwise please do wear offical dress code- ofcourse summerwear.
So guys , gals... make sure please NO JEANS. if you have summer wear suit fine, otherwise please do wear offical dress code- ofcourse summerwear.
kp9999
03-31 05:36 PM
Hi
I am trying to do a H1B transfer from my current employer.I am searching for a good employer(consulting firm) in Atlanta,GA area..
Can anyone advise me on a good employer.I heard that Pyramid Consulting is one big vendor in atlanta..Any inputs about Pyramid is greatly appreciated..Or any other good vendors in atlanta area?
Thanks
kp
I am trying to do a H1B transfer from my current employer.I am searching for a good employer(consulting firm) in Atlanta,GA area..
Can anyone advise me on a good employer.I heard that Pyramid Consulting is one big vendor in atlanta..Any inputs about Pyramid is greatly appreciated..Or any other good vendors in atlanta area?
Thanks
kp
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dilbert_cal
04-27 12:37 PM
for_gc
PDs are typically recaptured at I-140 stage. Since your EB2 140 is already approved, you cannot use this process.
But I believe there is another state at which you can recapture PD. i.e. @485 stage. You would need to talk to your lawyer - or search for it in immigration forums. If say EB2 dates are current for your EB3 PD , you can file 485 and with that application itself submit the EB3 140 approval AND ask for PD transfer. One of our lawyers had once commented you can port PD at either 140 or 485 stage - we never followed up on the 485 part as we all wanted to keep it safe and at 140 stage. Check with your lawyer and you still have a good chance.
PDs are typically recaptured at I-140 stage. Since your EB2 140 is already approved, you cannot use this process.
But I believe there is another state at which you can recapture PD. i.e. @485 stage. You would need to talk to your lawyer - or search for it in immigration forums. If say EB2 dates are current for your EB3 PD , you can file 485 and with that application itself submit the EB3 140 approval AND ask for PD transfer. One of our lawyers had once commented you can port PD at either 140 or 485 stage - we never followed up on the 485 part as we all wanted to keep it safe and at 140 stage. Check with your lawyer and you still have a good chance.
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vin13
09-30 04:47 PM
She has no clue on what she is talking or probably she misses the whole point about PD, so she says look at RD and processing timeframe
I thought the same...these people have no clue what they are doing.
I thought the same...these people have no clue what they are doing.
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anindya1234
06-01 02:35 PM
But it does increase the GC quota which will substantially hasten the process
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abracadabra102
07-29 05:58 PM
By now its almost evident that the CR's for retrogression, per country limit. and STEM related degrees are actually are not going anywhere. Understandably it was CHC (Congressional Hispanic Caucus) and republican leadership that blocked the road to legal immigration relief.
Its almost beyond my analytical power to find out why CHC blocked our way? CHC treated us as hostages to get their demands. They were successful with their threat that either it will be amnesty to illegals or absolutely nothing.
So this though struck my mind: what is our stand as far as illegal immigration is concerned. Even though we may not support/recommend further illegal immigration, what is our stand on granting amnesty to illegals already living in this country.
So do we:
1. Completely oppose amnesty to illegals immigrants currently living in USA
2. Support amnesty to illegals immigrants currently living in USA
3. Support amnesty to illegals immigrants currently living in USA, as long as they do not stand ahead of legal immigrants in the queue.
4. Support amnesty to illegals immigrants currently living in USA, if CHC and other similar organizations support us for our much sought immigration reforms.
5. Only support Guest Worker Program type of thing, which allows people to enter on work visas and further backlog the employment based GC queues.
Is it going to help us if we shake hands with CHC and other similar organizations, if they support us? I mean if we can't defeat them why don't we join forces with them to get what we want. Please remember that legal immigration reform bills always try to piggy back on CIR (Comprehensive Immigration Reforms) type of bills where illegal immigration/amnesty is focal point of discussion, rather than other way around.
I do not think we need to speak for or against illegal immigrants. We should try to gain some mileage out of our legal status and try to convince law makers to place us ahead of illegal immigrants in the GC queue, if and when US chooses to legalize them.
Its almost beyond my analytical power to find out why CHC blocked our way? CHC treated us as hostages to get their demands. They were successful with their threat that either it will be amnesty to illegals or absolutely nothing.
So this though struck my mind: what is our stand as far as illegal immigration is concerned. Even though we may not support/recommend further illegal immigration, what is our stand on granting amnesty to illegals already living in this country.
So do we:
1. Completely oppose amnesty to illegals immigrants currently living in USA
2. Support amnesty to illegals immigrants currently living in USA
3. Support amnesty to illegals immigrants currently living in USA, as long as they do not stand ahead of legal immigrants in the queue.
4. Support amnesty to illegals immigrants currently living in USA, if CHC and other similar organizations support us for our much sought immigration reforms.
5. Only support Guest Worker Program type of thing, which allows people to enter on work visas and further backlog the employment based GC queues.
Is it going to help us if we shake hands with CHC and other similar organizations, if they support us? I mean if we can't defeat them why don't we join forces with them to get what we want. Please remember that legal immigration reform bills always try to piggy back on CIR (Comprehensive Immigration Reforms) type of bills where illegal immigration/amnesty is focal point of discussion, rather than other way around.
I do not think we need to speak for or against illegal immigrants. We should try to gain some mileage out of our legal status and try to convince law makers to place us ahead of illegal immigrants in the GC queue, if and when US chooses to legalize them.
more...
snathan
05-07 12:06 AM
No they did not book any charges against me..How could they that? We did nothing illegal. It is just the whole episode took place ..It has shaken me and my family.
I donot know any lawyer.. Moreover, I am not sure whether it is advisable to go to a lawyer or not... not sure how major the issue is for them..
Moreover, will this affect my Green card process if I start suing these govt. people?
I am just confused...
If you feel you are offended and religiously hurt you can give a try. Some time back MCD was sued for cooking frys in the same oil where they cook chicken. In this country people will only understand law suite.
I donot know any lawyer.. Moreover, I am not sure whether it is advisable to go to a lawyer or not... not sure how major the issue is for them..
Moreover, will this affect my Green card process if I start suing these govt. people?
I am just confused...
If you feel you are offended and religiously hurt you can give a try. Some time back MCD was sued for cooking frys in the same oil where they cook chicken. In this country people will only understand law suite.
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WillIBLucky
12-08 08:13 AM
Whats going on, nobody is taking about the bill in senate today? Yesterday's thread is also not been seen. Whats going on guys?
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MetteBB
06-06 03:04 PM
I know ;)
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seahawks
06-29 08:59 PM
nixstorI don't have any input on that, my attorney told me he is busy, he has other applications that flood his office, even if he writes a letter, the wont do anything in USCIS, go for FP and explain to them the situation. He also said I should have looked at it! bummer
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larmani
10-16 02:19 PM
Hi I got FP notice on 10/13. I filed on July 2nd and got receipt August 24 with TSC.
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dalishi
10-13 02:54 PM
Thanks guys!!
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pa_arora
09-19 12:56 PM
I think we should all post our unfortunate, painful stories to the newspapers and TV news channels.
We need to make ourselves herd. I don't think making some noise and gaining bit high profile will hurt us.
I have a collection of the emailid, let me know if this is fine with u guys, I will post it here.
We need to make ourselves herd. I don't think making some noise and gaining bit high profile will hurt us.
I have a collection of the emailid, let me know if this is fine with u guys, I will post it here.
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chanduv23
05-05 08:49 AM
The info I got is I can not apply for 7th year based on the approved LC I have. But I can apply for 7th year based on the LC pending with PBEC. My problem is that LC applied in Marc 2005, is thr some other employer and I do not have any details of this application. I sent 3 emails to PBEC for screenshot which can be used as proof od pending LC and I can then apply for 7th year extension. But unfortunately I did not get any response from PBEC, I know some people get the response within 2-3 hrs from them????
Another possibility is if the pending I-140 is approved by Aug end I can apply for 3 year extension.
So I am totally uninformed what's the future. I talked with the lawyer who filed my earlier labor, she says we can demand for screenshot only in June, then we will get response from PBEC.
Hope this helps.
You need to contact your old employer for your L/C application info. If you cannot do that, try contacting their lawyer.
Another possibility is if the pending I-140 is approved by Aug end I can apply for 3 year extension.
So I am totally uninformed what's the future. I talked with the lawyer who filed my earlier labor, she says we can demand for screenshot only in June, then we will get response from PBEC.
Hope this helps.
You need to contact your old employer for your L/C application info. If you cannot do that, try contacting their lawyer.
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deepakjain
01-08 09:44 AM
Interview date 9th dec 2009
Submitted all documents 10th dec 2009 as mentioned below:-
1) Petitioner's Federal Income Tax returns
2) Petitioner's state unemployment wage reports for last 4 quarters.
3) Letter from end client in US on letterhead indicating your services are expected.
4) List of petitioner's employees at your job site including names, titles, salaries, and immigration status.
5) Copy of contract between petitioner and contracting company with detailed job itinerary.
Till date I together with my employer have written 6 emails but there is no response.
I personally visited mumbai Consulate information center but they did't ave me any answer.
Can anyone please tell me how long this whole process will take?
Is there any chance that such case goes into endless loop?
My house and all belongings are in U.S. and I am clueless as what to do
I was on the same boat in Nov at mumbai consulate, I was given 221g yellow slip, and was told your case is in pending status for administrative reasons they did not ask me for anything and said that the administrative processing can take any thing between 2 days to 2 months and the officer told me that you will be contacted by e-mail ones the processing is complete. I was contacted 3 weeks after I was interviewed. For me it took total of 4 weeks to get my H1B Visa stamped on my passport.
Regards,
Deepak
Submitted all documents 10th dec 2009 as mentioned below:-
1) Petitioner's Federal Income Tax returns
2) Petitioner's state unemployment wage reports for last 4 quarters.
3) Letter from end client in US on letterhead indicating your services are expected.
4) List of petitioner's employees at your job site including names, titles, salaries, and immigration status.
5) Copy of contract between petitioner and contracting company with detailed job itinerary.
Till date I together with my employer have written 6 emails but there is no response.
I personally visited mumbai Consulate information center but they did't ave me any answer.
Can anyone please tell me how long this whole process will take?
Is there any chance that such case goes into endless loop?
My house and all belongings are in U.S. and I am clueless as what to do
I was on the same boat in Nov at mumbai consulate, I was given 221g yellow slip, and was told your case is in pending status for administrative reasons they did not ask me for anything and said that the administrative processing can take any thing between 2 days to 2 months and the officer told me that you will be contacted by e-mail ones the processing is complete. I was contacted 3 weeks after I was interviewed. For me it took total of 4 weeks to get my H1B Visa stamped on my passport.
Regards,
Deepak
GCBy3000
05-19 09:35 AM
Yes, keep all you honest opinion within your self until your shackles are removed. We all know the visa status H1B is exploting point for some consulting firms and employers. Knowing this I do not understand what is the need of expressing "my desire NOT to stay with him any longer than I need to"
Keep this desire within your self and keep the GC ball rolling until you get some command. But you have already said so. With my experience, I would say the employers and attorneys have very good relationship which they are supposed to have. With this relationship, they will find all the means to do whatever they desire to do. So be patient and butter your employer and get your job done.
Patience wins in this GC process.
Keep this desire within your self and keep the GC ball rolling until you get some command. But you have already said so. With my experience, I would say the employers and attorneys have very good relationship which they are supposed to have. With this relationship, they will find all the means to do whatever they desire to do. So be patient and butter your employer and get your job done.
Patience wins in this GC process.
desi3933
02-21 08:29 AM
......
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
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