GCNirvana007
04-08 04:46 PM
Ok, i appreciate all the answers/recommendations. Now since You guys are the IV, can i get answer to my original questions
Thanks.
Thanks.
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LostInGCProcess
09-18 05:31 PM
LostInGCProcess, his I140 is not approve, how come he can use his EAD ?
AOS can only be use after his I140 is approved.
Thx
That is not true. Once you have EAD on hand, you can chose to work using your EAD. I-140 pending or approval has nothing to do with working on EAD. The risk is, if his I-140 is not approved, then it would automatically trigger a NOID for I-485 and his EAD becomes invalid....thats the risk factor. But one can work if one has EAD.
AOS can only be use after his I140 is approved.
Thx
That is not true. Once you have EAD on hand, you can chose to work using your EAD. I-140 pending or approval has nothing to do with working on EAD. The risk is, if his I-140 is not approved, then it would automatically trigger a NOID for I-485 and his EAD becomes invalid....thats the risk factor. But one can work if one has EAD.
paisa
07-04 03:42 PM
Gurus, need a lil help clarifying issue in GC process.
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
Your LC is approved for your location. If your location changes you need a LC for that location. This is what I had found out a few years back. Things might have changed since then. Other thing my friend told me about this. So I am not sure what the actual rule is. better to confirm from lawyer
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
Your LC is approved for your location. If your location changes you need a LC for that location. This is what I had found out a few years back. Things might have changed since then. Other thing my friend told me about this. So I am not sure what the actual rule is. better to confirm from lawyer
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Kitiara
05-27 10:25 AM
Consider it a back handed compliment. :)
more...
peeku
06-20 12:45 PM
EVERYONE , Please take a step BACK
Look and see what lawyers are seeing.
http://immigrationvoice.blogspot.com/
YesGC NoGC you should consult lawyer like the one mentioned in link or Sheela murthy or any good one.
above conference call shows transition to "Project Manager " is one of the most natural ones...
so gather the facts and decide for yourself.
ofcourse i am not debating pros/cons of doing so but defering the judgement to immigration lawyer such as prashanthi ...
Look and see what lawyers are seeing.
http://immigrationvoice.blogspot.com/
YesGC NoGC you should consult lawyer like the one mentioned in link or Sheela murthy or any good one.
above conference call shows transition to "Project Manager " is one of the most natural ones...
so gather the facts and decide for yourself.
ofcourse i am not debating pros/cons of doing so but defering the judgement to immigration lawyer such as prashanthi ...
fasterthanlight�
06-06 06:35 PM
When do the polls close?
more...
menimmigration
07-19 11:32 AM
BMSI,
My lawyer filed her I-485 on July 16'th and the application was delivered on July 17'th , We got to know about the approval from the USCIS website on July 18'th On July 16'th,17'th atleast till 9:00 PM EST status said My Case is Pending approval
Till now I hav'nt got any physical notice (Lawyers confirmed the same)
My lawyer filed her I-485 on July 16'th and the application was delivered on July 17'th , We got to know about the approval from the USCIS website on July 18'th On July 16'th,17'th atleast till 9:00 PM EST status said My Case is Pending approval
Till now I hav'nt got any physical notice (Lawyers confirmed the same)
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texcan
08-01 05:54 PM
Count me in guys.
more...
go_guy123
04-19 12:08 AM
Hi Folks,
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
in 2007 fellow indian international students in Canada used to get loan from
https://www.isloan.org/faqs.htm
but in 2008 that was closed. However you can call and find out from them.
With the credit crisis I am not sure if they give anymore. ask if u cosign then can they give or not
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
in 2007 fellow indian international students in Canada used to get loan from
https://www.isloan.org/faqs.htm
but in 2008 that was closed. However you can call and find out from them.
With the credit crisis I am not sure if they give anymore. ask if u cosign then can they give or not
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phillyag
07-20 04:37 PM
My 6 yrs are getting over in Jan 2008.
1. Can I apply for H1 extension request for 3 yrs instead of EAD?
2. Or with EAD?
Excuse me but I am a novice here.
1. Can I apply for H1 extension request for 3 yrs instead of EAD?
2. Or with EAD?
Excuse me but I am a novice here.
more...
sreedhar
11-07 12:12 AM
sreedhar
Keep that GRIN for your later years, this web site is made to help people who are stuck in the immigration limbo.
There are lot of us out there who have their personal decisions at stake.
Agree with you....But I am telling Truth... Truth is always like this Buddy...Do not feel emotion. I am also here for get help from other people and if possible I will help other people. Still I don’t know what is wrong with my previous response bellow…
“Why you worried about PDs...Yours is 2007....have to wait several years”
Keep that GRIN for your later years, this web site is made to help people who are stuck in the immigration limbo.
There are lot of us out there who have their personal decisions at stake.
Agree with you....But I am telling Truth... Truth is always like this Buddy...Do not feel emotion. I am also here for get help from other people and if possible I will help other people. Still I don’t know what is wrong with my previous response bellow…
“Why you worried about PDs...Yours is 2007....have to wait several years”
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chanukya
05-23 07:35 AM
As many of you have been following, there are some provisions that benefit folks with advanced degree in STEM from US universities by exempting them from the Visa quota. I think CIR in its current form has a provision and the Cornyn (4005) and the Brownback (4058) ammendments that are yet to be introduced also have some such provisions.
My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.
Any thoughts or comments?
CORNYN amendment�Very cleverly worded..Regarding US Masters and above...
On Careful reading of SA4005...
On one hand exempts US any Masters from Quota but does not exempt from LC any US Masters unless such US Masters and above are "Member of Professions" ???? with advanced degrees.
So, US Masters(STEM or no STEM) and above still have to go thru LC Process....unless they are "Member of Professions", who will be handled as a special case.
Above "Memebr of Professions" open to many legal interpretations and INS dictionary may say something like it means only Doctors/Lawyers....?
http://immigrationvoice.org/forum/at...6&d=1147880856
Bottom Line, US Masters thru any bill or its amendments cannot avoid LC process.
Only difference is in CORNYN amendment any US Masters (not necessarily STEM US Masters) are exempt from quota.
And your assessment is correct, PERM ..US Masters stand to benefit immedeatly.
My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.
Any thoughts or comments?
CORNYN amendment�Very cleverly worded..Regarding US Masters and above...
On Careful reading of SA4005...
On one hand exempts US any Masters from Quota but does not exempt from LC any US Masters unless such US Masters and above are "Member of Professions" ???? with advanced degrees.
So, US Masters(STEM or no STEM) and above still have to go thru LC Process....unless they are "Member of Professions", who will be handled as a special case.
Above "Memebr of Professions" open to many legal interpretations and INS dictionary may say something like it means only Doctors/Lawyers....?
http://immigrationvoice.org/forum/at...6&d=1147880856
Bottom Line, US Masters thru any bill or its amendments cannot avoid LC process.
Only difference is in CORNYN amendment any US Masters (not necessarily STEM US Masters) are exempt from quota.
And your assessment is correct, PERM ..US Masters stand to benefit immedeatly.
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astral1977
07-09 11:21 AM
smartboy75,
I-131 form is used for issuing re-entry permits, refugee travel & advance parole documents.
AOS applicants are issued advance parole document. The biometrics rule is only for those individuals who are issued re-entry & refugee travel documents.
If in doubt kindly read through the text that you pasted in your message.
Thanks.
Source www.immigration-law.com
07/09/2008: USCIS Biometric Changes For Re-Entry Permits and Refugee Travel Documents 07/08/2008
USCIS has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.
Q. May an I-131 applicant for a re-entry permit or refugee travel document complete biometrics outside of the United States?
A. Form I-131 instructions provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. Since certain overseas offices have the discretion to accept and adjudicate applications for refugee travel documents, although it is not mandatory that they do so, an applicant for a refugee travel document may complete biometrics outside of the United States, but is encouraged to wait to travel until his or her biometrics have been collected and the document delivered. As discussed earlier, certain overseas USCIS offices may, in their discretion, adjudicate Form I-131 filed for a refugee travel document (but not re-entry permits), where the applicant has failed to apply while in the U.S. (see 8 C.F.R. � 223.2(b)(2)(ii)). However, applicants for refugee travel documents should not count on the overseas offices necessarily agreeing to adjudicate Form I-131 in all cases, particularly where it is evident that the individual could have applied while in the U.S. and attended his or her biometrics appointment. Applicants for reentry permits should attend their biometric appointment at the designated ASC. If the applicant departs the United States before the biometrics are collected, the application may be denied.
Q. Will Form I-131 re-entry permit or refugee travel document be denied if the applicant leaves the U.S. after the application has been filed and receipted but before biometrics are completed?
A. Form I-131 form instructions state, �Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.� Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country. Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel.
So if we efile EAD and then 2 months down the line efile AP, do we have to go twice for biometrics ???
I-131 form is used for issuing re-entry permits, refugee travel & advance parole documents.
AOS applicants are issued advance parole document. The biometrics rule is only for those individuals who are issued re-entry & refugee travel documents.
If in doubt kindly read through the text that you pasted in your message.
Thanks.
Source www.immigration-law.com
07/09/2008: USCIS Biometric Changes For Re-Entry Permits and Refugee Travel Documents 07/08/2008
USCIS has issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions include changes effective March 5, 2008 that require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks and to meet requirements for secure travel and entry documents containing biometric identifiers.
Q. May an I-131 applicant for a re-entry permit or refugee travel document complete biometrics outside of the United States?
A. Form I-131 instructions provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States. Since certain overseas offices have the discretion to accept and adjudicate applications for refugee travel documents, although it is not mandatory that they do so, an applicant for a refugee travel document may complete biometrics outside of the United States, but is encouraged to wait to travel until his or her biometrics have been collected and the document delivered. As discussed earlier, certain overseas USCIS offices may, in their discretion, adjudicate Form I-131 filed for a refugee travel document (but not re-entry permits), where the applicant has failed to apply while in the U.S. (see 8 C.F.R. � 223.2(b)(2)(ii)). However, applicants for refugee travel documents should not count on the overseas offices necessarily agreeing to adjudicate Form I-131 in all cases, particularly where it is evident that the individual could have applied while in the U.S. and attended his or her biometrics appointment. Applicants for reentry permits should attend their biometric appointment at the designated ASC. If the applicant departs the United States before the biometrics are collected, the application may be denied.
Q. Will Form I-131 re-entry permit or refugee travel document be denied if the applicant leaves the U.S. after the application has been filed and receipted but before biometrics are completed?
A. Form I-131 form instructions state, �Departure from the United States before a decision is made on an application for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied.� Travel is not advisable. If an applicant leaves and comes back, his or her application may be denied while abroad, and he or she may not be able to get back into the country. Even though an overseas USCIS office may, in its discretion, take the biometrics of an applicant for a refugee travel document, there is no guarantee that the office will necessarily exercise its discretion to do so. Therefore, USCIS again urges all I-131 applicants for whom biometrics will be required to file their applications well in advance of their scheduled departure dates. USCIS suggests applicants apply for a travel document at least 60 days prior to the date of travel.
So if we efile EAD and then 2 months down the line efile AP, do we have to go twice for biometrics ???
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theperm
05-07 06:51 PM
bumping up
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eager_immi
07-18 11:11 AM
Can you IM a core and ask them to put a link on main page...
we lost a golden oportunity to do a fund drive. Historically during good news period a lot of members participated in the fund drive, but because the IV website is broken and the threads are displayed irratically and not in the latest order the funding drive threads are hidden and irrelevant one post threads are showing up. We might have lost out on a 10 to 20k worth of funding because of this mistake. I request the core team to please fix this immediately. A lot of new members have joined IV and they might not particiapate in the funding drive because of this thread mistake.
we lost a golden oportunity to do a fund drive. Historically during good news period a lot of members participated in the fund drive, but because the IV website is broken and the threads are displayed irratically and not in the latest order the funding drive threads are hidden and irrelevant one post threads are showing up. We might have lost out on a 10 to 20k worth of funding because of this mistake. I request the core team to please fix this immediately. A lot of new members have joined IV and they might not particiapate in the funding drive because of this thread mistake.
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razis123
06-16 04:42 PM
nope..neither for LC or 140...
Raziz,
Did you get any queries ever? I mean RFEs?
Raziz,
Did you get any queries ever? I mean RFEs?
more...
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idreamofgc
10-07 12:55 PM
Why not Fragomen clients ? DOL said that they didn't have different audit queues for random or targeted audits. My case will pass 15 months and I was thinking of asking Fragomen clients to query DOL.
I know this is not going to help that much..but hey..what do we have to loose now:D
I know this is not going to help that much..but hey..what do we have to loose now:D
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fenrir
07-09 06:34 PM
Yes! The 'does not adhere to guidelines' one is coolness.
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greencardvow
08-03 07:23 PM
Please close this thread.
santb1975
02-15 01:38 PM
We have two more weeks for this campaign.
BUMP for our Dear friends and wishing for more participation
4 people confirmed for this event so far
BUMP for our Dear friends and wishing for more participation
4 people confirmed for this event so far
greenguru
06-28 03:41 PM
I checked on murthy site, what is there ?
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