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  • LostInGCProcess
    11-02 02:33 PM
    There is no such law that specifies any duration one has to be employed by GC (or AC-21) employer. Period.

    However, there is a twist to it. As per law, the beneficiary MUST have intent to work for GC employer at the time of filing of I-485 and intent to work for AC-21 employer if invoking AC-21. However, this intent is to start work AFTER getting green card. The intent is subject to change, too.

    By working for the employer for some duration, it is easier to demonstrate that person has intent to work for the employer for the full time job offered. This duration is not written in stone, and every lawyer interprets differently. For me (and this for just me), 90 days should be a safe duration, since it has been tested in courts that 90 days a long enough time when intent of the person can change. (This is known as 30-60-90 day intent rule). This is why lawyers usually advise to wait for 90 days when a person on single intent non-immigrant visa (such as B1 or F1) wants to file for I-130/I-140 and/or I-485.



    ______________________
    Not a legal advice.
    US citizen of Indian origin


    You are the best!!! You are like the last word one could rely on.
    Big fan of yours!!!





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  • samnay
    04-01 06:24 PM
    Done! #10 and #11.

    Good Luck!





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  • coloniel60
    08-16 01:24 PM
    I'm also suffering like you for years but doing a RE-FILE just for managing bad odds is not reasonable. If they reject your application - You should be able to resend it from FEDEX/USPS signature and receipt Notice even after Aug 17th.

    I'm not a lawyer and i've nothing against Rajaiv Khanna but on a general i'm advising you that " Any lawyer wants their clients case get complicated and convoluted". By doing this you/we are just complicating our case and offering "Money making" potential to already Rich , Wealthy ,Cut throat Lawyers.

    Don't you agree ?

    USCIS has never mentioned that they will accept rejected applications even if the priority date is not current.





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  • sprajulu
    08-05 11:11 PM
    Friends

    Category:- EB2
    Nationality:- India
    PD:- December/2004
    I140:- RD May-10-2007/Approved on Dec-21-2007
    I485:-Applied Aug 13-2007



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  • absaarkhan
    02-13 11:33 AM
    My Attorney Says You will get 3 Year H1B Extension

    Per My Attorney if We do a H1B Transfer after I-140 Approval YOU
    will get 3 Year H1B Extension. EVEN THOUGH YOU HAVE ALREADY USED 6 YEARS OF H1B.

    I am currently on 7th Year H1B, I-140 Approved, I-485 filed more then 6 months ago. He confirmed that if i do a H1B Transfer to another employer and attach copies of all AOS receipts and "I-140 APPROVAL" i will get 3 year
    H1B Extension.

    Shana Can you Please confirm with your Attorney again.

    All I have used is the same job title and salary specified in the new offer letter. did not specify the job duties.





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  • gsc999
    10-12 10:38 AM
    My Priority Date Sep 2002 EB3
    According to LC, my labor got approved on Aug 9th, but we received actual paper on Sep 9th .. So lost the chance to FILE 485

    DOL took more than a month TO send papers ..

    There is no point in blaming IV . They are the BEST ..

    It is US Govt agencies who are lazy and ineptitude.

    US did not get Civil Rights in one year .. it took decades of fight ...

    IV is fighting for every one ..
    ---
    Yes, this issue is on IV's agenda and we will not rest till we fix it.
    On 7th July, when Fightnow, had organized a small rally in San Jose.
    Another IV member had asked me a similar question, Karthik are you reading this? Yes, we care, was my answer then and now.



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  • Libra
    01-29 09:54 AM
    bump





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  • anilsal
    12-20 11:45 PM
    I know Carl Shusterman regularly posts on this forum:
    http://britishexpats.com/forum/

    Is he aware of IV?



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  • sunny1000
    02-27 07:22 PM
    Yes it is just like someone asking labor sub to be allowed again in admin fixes so that they can get a sustitute labor and cut in line.

    I don't think it is the CP filers' fault. They are not cutting in line. It is the USCIS who is sitting on their ass on these 485s while the state dept processes the CP files at the normal pace. It should have been the state dept who should have processed the I-485 and CP (just like how they used to do the H/L visa revalidation inside U.S 4 years ago) and we would not have this issue or the visa bulletin fiasco.

    It is a gamble to go with CP just like any other application in this GC mess. I know of guys who got their green card in 18 months while I spent 5.5 years in labor dept alone. But, that does not warrant chastising of the CP filers or anybody else for the Government's ineffiency (except in the case of labor sub).

    But, I agree that the requests by the original poster should not be a part of IV's letter campaign.





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  • dish
    01-10 10:27 PM
    We can demand a purple card for any techworker who had worked and paid taxes and contributed to Social Security and medicare for three continuous years. This card should allow free travel and work permit for spouse. Counterpart of blue card for illegals......Once the priority date becomes current and adjustment of status is complete, purple card is replaced by green card !!!!!!!!



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  • jax999
    01-29 05:31 PM
    Anybody Travelled with only Advance Payrole through Frankfurt recently please post ?

    where they will check for transit visa in usa while boarding or in frankfurt or in india while return ?

    My nationality is Indian. Presently i am residing in USA . I have " Advance Payrole Document " . I am planning to travel in this February 2011 from " Atlanta -> Frankfurt -> India(Hyderabad) " and return is in May 2011 from " India(Hyderabad) -> Frankfurt -> Atlanta " in lufthansa airways.

    So shall i go for this round trip with a valid " Advance Payrole Document " only ? or i need to have " Air Transit Visa ? If i need Air transit Visa could you please let me know how to apply and what documents i need to submit .

    please help already buyed tickets from lufthansa website. non refundable ticket. before that one time i cancelled ticket. airport transit visa shall we apply by post/mail ? in person cant go because very far totally 30 hors drive that too with infant driving not possible . please help ?



    While pending i-485 if i applied for German airport transit visa is there any negative concerns because of that ?

    Please reply soon . I really appriciate you . Thank You.





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  • gcgreen
    08-12 01:29 PM
    your LC should include the O-NET code for your job. Check that carefully.

    I am in the same boat.

    My LC job duties are as follows:
    Design and development of business applications using C++, JAVA as front end
    tools and ORACLE as back end repository on WINDOWS platform. Modify
    software or customize software for clients'use with the aim of optimizing
    operational efficiency.
    Education required: bachelor degree in computer science, engineering,
    electronics or related field. Experience required: 9 months as Software
    Engineer.

    Any idea what Onet code the above description falls under?

    I am planning to take up Java developer position with new employer using EAD. is it ok? Lawyer has been saying that the job description has to match 100%. I dont agree with him. any comments please?.



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  • syzygy
    07-06 03:39 PM
    http://digg.com/politics/Green_card_hopefuls_to_resort_to_Gandhigiri_in_US


    I agree. I saw this thing first time.





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  • gc_chahiye
    12-13 06:18 PM
    I tried to recruit 3 guys with 7-8 yrs of experience. We already have a 12 member offshore team...the average asking rate (H1s and citizens) is 90K ..H1B quota restriction is working in our favor very much. Market rate for IT professionals has increased quite handsomely..put ur resume out to dice or monster and see for urselves.

    this 90k is in which part of the US? A salary number without specifying geography is pretty hard to rate :)



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  • mpadapa
    06-05 04:23 PM
    Yes there is an action item - Phone campaign to gain support for HR 5882, 5921 and 6039.
    HR 5921 (removing country quota) more specifically will provide EB3-I more relief.
    HR 5882 (recapture of unused visa's) will make ROW EB3 current and the additional visa's will rollover to EB3-I

    Participate in the phone campaign and also call U'r own lawmaker to seek support from them.
    http://immigrationvoice.org/forum/showthread.php?t=19387
    http://immigrationvoice.org/forum/showthread.php?t=19113

    Guys! is there any action item for IV regarding in this "Worst Effected Category EB3-India"?
    Let us make some effort here, how we can help this category? Yeah! we all know fund drive first thing.





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  • yash04
    08-01 12:09 PM
    mine reached at 10-23 am -2 nd july,by some armstrong guy..no receipt yet,no check cashed


    I just checked - mine was L.Armstrong too....



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  • santb1975
    06-17 01:21 PM
    ^^


    If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.

    Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.

    Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.

    But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.

    The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants

    Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS

    There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school�.

    So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.

    If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.

    Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.

    We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.

    Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.





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  • Naveen
    05-19 10:00 AM
    Lets take one step at a time. We have a similar bill introduced in the house.

    H.R. 1791:
    111th Congress

    To amend the Immigration and Nationality Act to authorize certain aliens who have earned a Ph.D. degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence and to be exempted from the numerical limitations on H-1B nonimmigrants.

    I know this bill will not benefit most of us directly but we should push for this to be passed which will help free up the quota or may be add an amendment to include graduates too.





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  • tammman
    08-14 02:01 PM
    EAD & AP
    E-Filed: July 19, 2008
    FP: Aug 14th, 2008 for my wife & me





    Almond
    07-17 10:00 AM
    This is what I see:

    "U.S. Citizenship and Immigration Services
    Nebraska Service Center Service Center Processing Dates
    Posted July 16, 2007 "


    I cleared cookies, logged out, etc, everything and still, I get the old one. Will you please do a print screen or something?





    gmatch
    12-13 03:45 PM
    Guys,

    Don't take it otherwise... I will NOT do anything against anybody.

    That previous person (whose name was mentioned on this approved labor) already had left this employer in 2004...so there is no one getting hurt if this employer is offering me that labor.

    - My question still remains : Is it necessary to go for labor substitution to use this approved labor (showing the name of old consultant)... OR ... Can it be possible to file I-140 straight with my profile against this labor....?

    Hope you now understand my points & will give me sincere advises.

    waiting for your help....



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