puskeygadha
06-02 09:22 PM
somehow they have to talk to DOL
morons..
but one out of many attorneys may have screwed up..why is everyone
being audited???
morons..
but one out of many attorneys may have screwed up..why is everyone
being audited???
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anilsal
08-05 03:24 PM
Probably that is what will happen. The last 45 days have been extremely stressful on the applicants and lawyers. I hope USCIS ignores some simple mistakes.
India_USA
07-07 09:14 AM
The United States needs a human capital policy that emphasizes skilled immigration and halts unskilled immigration. It needed that policy 15 years ago, but it's not too late to start now.
and yet, here we are!! stuck in gc process, with uncertain future, always contemplating the next step......
and yet, here we are!! stuck in gc process, with uncertain future, always contemplating the next step......
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vijayfx35
03-02 06:16 PM
Hi,
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
more...
hebron
06-23 08:25 AM
Mine is the same company that applied for EB2 in the first place
Thanks Jamesingham, Did you get your PERM approval? When you applied for EB2 with the same employer that filed your EB3, were your job descriptions atleast 50% different?
Thanks.
Thanks Jamesingham, Did you get your PERM approval? When you applied for EB2 with the same employer that filed your EB3, were your job descriptions atleast 50% different?
Thanks.
realist
01-27 09:33 AM
Employment Second Preference - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/Employment_Second_Preference) The Job also need to require an eb2 qualifications.
It is best to be cautious when applying first, rather than take a chance with eb2 and worry later.
It is best to be cautious when applying first, rather than take a chance with eb2 and worry later.
more...
chandrajp
06-21 12:10 PM
You would need afidavits from your parents and a close relative. IF you dont have a birth certificate with your name, registered on the day you were born and the certificate is dated close to your dob then you WILL need afidavits.
It very simple, just send the format by mail to your parents and ask them to buy stamp papers and get it typed and then sign in front of notory and notory will attest and sign. Then ask them to scan it and send it to you. You just take a print out and give it to your lawyer including your birth certificate you took in 2005.
Good Luck!
You need 2 affidavits from 2 close relatives(one from each) who are atleast 10 years older than you
It very simple, just send the format by mail to your parents and ask them to buy stamp papers and get it typed and then sign in front of notory and notory will attest and sign. Then ask them to scan it and send it to you. You just take a print out and give it to your lawyer including your birth certificate you took in 2005.
Good Luck!
You need 2 affidavits from 2 close relatives(one from each) who are atleast 10 years older than you
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kirupa
08-20 06:25 PM
Cake - that is by design. Place the contents of your grid inside a ViewBox control (WPF only I believe). Once you have done that, you will see the contents of your grid scale as its height gets altered.
My earlier XAML snippet could be used when pasted between the <Window> tags. To try out what I just mentioned in this post, create a new WPF project called Animation and overwrite all of the XAML in Window1.xaml with the following:
<Window
xmlns="http://schemas.microsoft.com/winfx/2006/xaml/presentation"
xmlns:x="http://schemas.microsoft.com/winfx/2006/xaml"
x:Class="Animation.Window1"
x:Name="Window"
Title="Window1"
Width="640" Height="480">
<Window.Resources>
<Storyboard x:Key="Storyboard1">
<DoubleAnimationUsingKeyFrames BeginTime="00:00:00" Storyboard.TargetName="grid" Storyboard.TargetProperty="(FrameworkElement.Height)">
<SplineDoubleKeyFrame KeyTime="00:00:00.5000000" Value="0"/>
</DoubleAnimationUsingKeyFrames>
<DoubleAnimationUsingKeyFrames BeginTime="00:00:00" Storyboard.TargetName="grid1" Storyboard.TargetProperty="(UIElement.RenderTransform).(TransformGroup.Childr en)[0].(ScaleTransform.ScaleY)">
<SplineDoubleKeyFrame KeyTime="00:00:00.5000000" Value="2.93"/>
</DoubleAnimationUsingKeyFrames>
<DoubleAnimationUsingKeyFrames BeginTime="00:00:00" Storyboard.TargetName="grid1" Storyboard.TargetProperty="(UIElement.RenderTransform).(TransformGroup.Childr en)[3].(TranslateTransform.Y)">
<SplineDoubleKeyFrame KeyTime="00:00:00.5000000" Value="96.5"/>
</DoubleAnimationUsingKeyFrames>
</Storyboard>
</Window.Resources>
<Window.Triggers>
<EventTrigger RoutedEvent="FrameworkElement.Loaded">
<BeginStoryboard Storyboard="{StaticResource Storyboard1}"/>
</EventTrigger>
</Window.Triggers>
<Grid x:Name="LayoutRoot">
<StackPanel>
<Grid Height="100" Background="#FFF5FF00" x:Name="grid">
<Viewbox HorizontalAlignment="Left" Width="100">
<Button Content="Button"/>
</Viewbox>
</Grid>
<Grid Height="100" Background="#FF00B3FF" RenderTransformOrigin="0.5,0.5" x:Name="grid1">
<Grid.RenderTransform>
<TransformGroup>
<ScaleTransform ScaleX="1" ScaleY="1"/>
<SkewTransform AngleX="0" AngleY="0"/>
<RotateTransform Angle="0"/>
<TranslateTransform X="0" Y="0"/>
</TransformGroup>
</Grid.RenderTransform>
</Grid>
</StackPanel>
</Grid>
</Window>
:)
My earlier XAML snippet could be used when pasted between the <Window> tags. To try out what I just mentioned in this post, create a new WPF project called Animation and overwrite all of the XAML in Window1.xaml with the following:
<Window
xmlns="http://schemas.microsoft.com/winfx/2006/xaml/presentation"
xmlns:x="http://schemas.microsoft.com/winfx/2006/xaml"
x:Class="Animation.Window1"
x:Name="Window"
Title="Window1"
Width="640" Height="480">
<Window.Resources>
<Storyboard x:Key="Storyboard1">
<DoubleAnimationUsingKeyFrames BeginTime="00:00:00" Storyboard.TargetName="grid" Storyboard.TargetProperty="(FrameworkElement.Height)">
<SplineDoubleKeyFrame KeyTime="00:00:00.5000000" Value="0"/>
</DoubleAnimationUsingKeyFrames>
<DoubleAnimationUsingKeyFrames BeginTime="00:00:00" Storyboard.TargetName="grid1" Storyboard.TargetProperty="(UIElement.RenderTransform).(TransformGroup.Childr en)[0].(ScaleTransform.ScaleY)">
<SplineDoubleKeyFrame KeyTime="00:00:00.5000000" Value="2.93"/>
</DoubleAnimationUsingKeyFrames>
<DoubleAnimationUsingKeyFrames BeginTime="00:00:00" Storyboard.TargetName="grid1" Storyboard.TargetProperty="(UIElement.RenderTransform).(TransformGroup.Childr en)[3].(TranslateTransform.Y)">
<SplineDoubleKeyFrame KeyTime="00:00:00.5000000" Value="96.5"/>
</DoubleAnimationUsingKeyFrames>
</Storyboard>
</Window.Resources>
<Window.Triggers>
<EventTrigger RoutedEvent="FrameworkElement.Loaded">
<BeginStoryboard Storyboard="{StaticResource Storyboard1}"/>
</EventTrigger>
</Window.Triggers>
<Grid x:Name="LayoutRoot">
<StackPanel>
<Grid Height="100" Background="#FFF5FF00" x:Name="grid">
<Viewbox HorizontalAlignment="Left" Width="100">
<Button Content="Button"/>
</Viewbox>
</Grid>
<Grid Height="100" Background="#FF00B3FF" RenderTransformOrigin="0.5,0.5" x:Name="grid1">
<Grid.RenderTransform>
<TransformGroup>
<ScaleTransform ScaleX="1" ScaleY="1"/>
<SkewTransform AngleX="0" AngleY="0"/>
<RotateTransform Angle="0"/>
<TranslateTransform X="0" Y="0"/>
</TransformGroup>
</Grid.RenderTransform>
</Grid>
</StackPanel>
</Grid>
</Window>
:)
more...
divakarr
09-05 10:23 AM
1-800-375-5283 Option 1,2,2,6,2,2,1 and tell them your application has been filed over 90 days so that they will transfer your call to second level customer support.
For my case, she thought that maybe my application is missing, this is the reason that she sent a request to NSC to look for my application.
Because I got my AP receipt and there is no information for I-485, and AP is based on 485.
My employer messed up my perm labor two years ago, and i hope it is not this time.
For my case, she thought that maybe my application is missing, this is the reason that she sent a request to NSC to look for my application.
Because I got my AP receipt and there is no information for I-485, and AP is based on 485.
My employer messed up my perm labor two years ago, and i hope it is not this time.
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sathweb
02-04 01:23 PM
Thanks four response. Do you have any format to write a letter to Senator or congressman?
I created a letter by myself with detailed explanation of my problem. That included My I-140 and I-485 and my wife details as well. That was not necessary though.
Most senators have their own "PRIVACY ACT RELEASE FORM" on their website. If you call them they will explain you what they need and they will fax you the empty forms. Trust me; they will guide you in the right direction. All you need to do is to call your local Senator office, they are very professional.
I created a letter by myself with detailed explanation of my problem. That included My I-140 and I-485 and my wife details as well. That was not necessary though.
Most senators have their own "PRIVACY ACT RELEASE FORM" on their website. If you call them they will explain you what they need and they will fax you the empty forms. Trust me; they will guide you in the right direction. All you need to do is to call your local Senator office, they are very professional.
more...
acecupid
05-27 07:20 PM
Got the RFE document.
Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.
Wow... really ? Thats a pretty stupid reason for USCIS to issue an RFE :confused:
I guess they are trying to nit pick everything !!
Atleast its an easy RFE to respond :cool:
Good luck...
Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.
Wow... really ? Thats a pretty stupid reason for USCIS to issue an RFE :confused:
I guess they are trying to nit pick everything !!
Atleast its an easy RFE to respond :cool:
Good luck...
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mikemeyers
11-07 03:16 PM
Thank you all for replying..so in your opinion first thing i should is to contact school..then wat are my next steps..
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bobzibub
01-15 03:47 PM
Here is the form (http://www.dol.gov/esa/forms/whd/WH-4.pdf).
Let us know how it goes.
Cheers,
-b
Let us know how it goes.
Cheers,
-b
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eb3_nepa
10-01 07:47 PM
I guess some ppl have all the luck ;)
Getting ur EAD approved AND not even paying for it :)
Getting ur EAD approved AND not even paying for it :)
more...
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cool_guy_onnet1
02-12 08:41 AM
No FP Yet, July 22nd Filer. I tried CSR # few times and finally got hold of someone who was kind -enough.
According to her, there are LOT OF PEOPLE in the same boat and she recieves this phone call more than any other queries.
She said, all she can do is to request Service center for FP status but here is the glitch, Request from CSR to Service Center takes 90 days to process and count another 90 days for the response to be read by CSR and issue a new FP.
Again, she kept saying that these are just numbers from top of her head and nothing is written on stone.
Hope this helps-
According to her, there are LOT OF PEOPLE in the same boat and she recieves this phone call more than any other queries.
She said, all she can do is to request Service center for FP status but here is the glitch, Request from CSR to Service Center takes 90 days to process and count another 90 days for the response to be read by CSR and issue a new FP.
Again, she kept saying that these are just numbers from top of her head and nothing is written on stone.
Hope this helps-
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Ramba
08-07 03:44 PM
I am a consultant and work for a client. My client wants to extend me a permanent offer and my consulting company that I presently work with would have no problems if I accepted the offer from the client.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
It is not as simple as you think. If your client sponsors H1, it is based on LCA; which is location specific. Therefore, if you work remotely in India, and you were included in US payroll based on H1B approval, then your employer will be violating the terms of LCA. Therefore, that is not possible. However, your employer can outsource the work to you to India without maintaining eomploee-emploer relationship. You need to consult business lawyers to engage in this kind of business. Of course, you need to pay corresponding business and income taxes.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
It is not as simple as you think. If your client sponsors H1, it is based on LCA; which is location specific. Therefore, if you work remotely in India, and you were included in US payroll based on H1B approval, then your employer will be violating the terms of LCA. Therefore, that is not possible. However, your employer can outsource the work to you to India without maintaining eomploee-emploer relationship. You need to consult business lawyers to engage in this kind of business. Of course, you need to pay corresponding business and income taxes.
more...
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royus77
06-29 11:48 AM
I am looking to this poll as it will really help where i am in the filing process .
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mamunda
07-17 07:09 PM
I am from Africa..my Priority date is 9-2004 - Labor, and I 140 approved. havent filed the 485 yet - But i guess I will....So my question was if i get married like in Dec or so...can i apply for the GC for my wife...Thanks! Cheers..Just joined today.....this site rocks!
Ps how do i post like a new topic without replying... and I am on h 1 b paper only..not stamped in passport..exp 6-2009
Ps how do i post like a new topic without replying... and I am on h 1 b paper only..not stamped in passport..exp 6-2009
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sdudeja
01-12 10:46 PM
Its nice to see teachers on this forum. I came on H1 through the company GTRR. You can get their contact number from their site.I wanted to ask Sirvi that how about working with an NGO. Did you file your GC under EB2. I filed mine under EB3. Please tell me something about it.
If someone knows regarding more sponsors for teachers let me know. I know some school systems in and around Georgia sponsor directly.
If someone knows regarding more sponsors for teachers let me know. I know some school systems in and around Georgia sponsor directly.
jediknight
03-13 11:41 AM
The 60 rule is a senate rule and only makes the status quo folks happy.
You cannot get anything done with 60 votes. California has the same problem with the budget requiring 66% votes.
BTW, if you are a republican the reason that the Bush tax cuts are going to expire next year is that they were passed via reconciliation. So I am going to be paying more taxes next year.
I will be paying more taxes if Healthcare reform passes too, but I still oppose the 60 votes stupidity.
Once a party wins the majority, I expect them to get do the stuff they promised. If they do stuff that everyone dislikes, they will get voted out and then the other party can do what they want and the cycle will continue.
The reason that we can't get Immigration reform is the minority party has too much power and to only way to wield it is to block, block, block. The Democrats also did this when they were in the minority.
- JK
You cannot get anything done with 60 votes. California has the same problem with the budget requiring 66% votes.
BTW, if you are a republican the reason that the Bush tax cuts are going to expire next year is that they were passed via reconciliation. So I am going to be paying more taxes next year.
I will be paying more taxes if Healthcare reform passes too, but I still oppose the 60 votes stupidity.
Once a party wins the majority, I expect them to get do the stuff they promised. If they do stuff that everyone dislikes, they will get voted out and then the other party can do what they want and the cycle will continue.
The reason that we can't get Immigration reform is the minority party has too much power and to only way to wield it is to block, block, block. The Democrats also did this when they were in the minority.
- JK
pash02
05-25 07:50 AM
Sent
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