cjgirish
02-06 02:13 PM
Hello All,
I am in a very sticky situation, my labor is pending @ PBEC with priority date of Jan'2004, which is Non-RIR and filed under EB3 category, based on which I have been getting incremental extensions of H1B (I am already in my 9th year by now). At present I am in the process of changing my filing type to RIR from TR and I was hoping to change the category too from EB3 to EB2, but my employers did not support me since they cannot pay the prevailing wage. I know I can still switch jobs, provided I transfer my H1B (which is valid till Jan�2008) and the new company files my GC immediately, so my questions to fellow victims of PBEC is
� How can I retain my old priority date?,
� Does the job descriptions filed with old labor have to match with job descriptions filed in PERM?
� It will be very tough, since I have almost 12+ yrs of exp in the industry, but my present employer is taking advantage of my situation and he is paying me peanuts, just because he does not want to pay me more, they have filed the papers as EB3. So while filing labor under EB2, can I still maintain my old priority date.
Please guys/gals help me out, I am not sure what to do, since I have already spent almost 3K$ on my GC and If I will be stuck with my employer at such low salary after my labor & I140 gets approved because of the retrogression it will be disaster. So I was thinking it would be better to be stuck with employer, who at least pays me decently and if I can retain my old dates it will awesome.
Regards,
CJG
I am in a very sticky situation, my labor is pending @ PBEC with priority date of Jan'2004, which is Non-RIR and filed under EB3 category, based on which I have been getting incremental extensions of H1B (I am already in my 9th year by now). At present I am in the process of changing my filing type to RIR from TR and I was hoping to change the category too from EB3 to EB2, but my employers did not support me since they cannot pay the prevailing wage. I know I can still switch jobs, provided I transfer my H1B (which is valid till Jan�2008) and the new company files my GC immediately, so my questions to fellow victims of PBEC is
� How can I retain my old priority date?,
� Does the job descriptions filed with old labor have to match with job descriptions filed in PERM?
� It will be very tough, since I have almost 12+ yrs of exp in the industry, but my present employer is taking advantage of my situation and he is paying me peanuts, just because he does not want to pay me more, they have filed the papers as EB3. So while filing labor under EB2, can I still maintain my old priority date.
Please guys/gals help me out, I am not sure what to do, since I have already spent almost 3K$ on my GC and If I will be stuck with my employer at such low salary after my labor & I140 gets approved because of the retrogression it will be disaster. So I was thinking it would be better to be stuck with employer, who at least pays me decently and if I can retain my old dates it will awesome.
Regards,
CJG
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morchu
05-07 09:15 PM
You can file 485 only from within USA. So I believe you will be back to USA before filing 485.
Thanks for your reply.
What would be the process look like? When the priority date becomes current, what should I do? Where should I subject I-485?
Thanks for your reply.
What would be the process look like? When the priority date becomes current, what should I do? Where should I subject I-485?
franklin
04-15 09:19 PM
Just to be clear - where were you born? India or Britain? You can be a British citizen, but if you were not born there, you are counted under the chargeable area of India, not ROW.
There really is no "priveledge" that you will recieve, if you were born in the UK. As Roseball mentions, if you are ROW and can file EB2, your dates would be current when it comes time to apply for I145. If you file EB3, you'll be (currently) stuck in Retrogression at I145 stage.
FWIW - you need to maintain status in the US to retain your greencard.
There really is no "priveledge" that you will recieve, if you were born in the UK. As Roseball mentions, if you are ROW and can file EB2, your dates would be current when it comes time to apply for I145. If you file EB3, you'll be (currently) stuck in Retrogression at I145 stage.
FWIW - you need to maintain status in the US to retain your greencard.
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Blog Feeds
12-22 07:20 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
Each month, annual preferences and foreign state limitations are subdivided by the Visa Office into monthly portions based on the applicants reported at consular posts and CIS Offices. If there is a sufficient amount of visas in a category to supply the demand then that category is considered �current� but when the demand over-exceeds the allotted supply of visas the category is considered �oversubscribed.� This is when a visa cut-off date is established, the cut-off date is the �priority date of the first documentarily qualified applicant would could not be accommodated for a visa number.�
To view the chart with the estimated total number of visas available for each employment preference category and country for fiscal year 2011 visit: http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
More... (http://www.h1bvisalawyerblog.com/2010/12/monthly_determination_of_emplo.html)
Each month, annual preferences and foreign state limitations are subdivided by the Visa Office into monthly portions based on the applicants reported at consular posts and CIS Offices. If there is a sufficient amount of visas in a category to supply the demand then that category is considered �current� but when the demand over-exceeds the allotted supply of visas the category is considered �oversubscribed.� This is when a visa cut-off date is established, the cut-off date is the �priority date of the first documentarily qualified applicant would could not be accommodated for a visa number.�
To view the chart with the estimated total number of visas available for each employment preference category and country for fiscal year 2011 visit: http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
More... (http://www.h1bvisalawyerblog.com/2010/12/monthly_determination_of_emplo.html)
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Blog Feeds
09-08 09:50 AM
AILA Leadership Has Just Posted the Following:
Right now, the DHS is in the middle of its Quadrennial review, where, apparently all areas that DHS works on are subject to public comment and discussion. If you go to this page (http://www.homelandsecuritydialogue.org/dialogue2/ideas) you can comment directly on a variety of DHS, including immigration issues. We understand that these comments are given directly to those in the highest levels of office at DHS.
Very few folks have been aware of this opportunity. Probably most important is the way this administration has phrased the debate: "Smart and Tough Enforcement of Immigration Laws - Ideas." (http://www.homelandsecuritydialogue.org/dialogue2/immigration) I invite all AILA members to be part of this public debate. Click on the above links, make your comment and demand real immigration reform, not twisted and ill-directed "enforcement" whose only purpose is to convince congressman who will still never vote for positive immigration reform to actually do so.https://blogger.googleusercontent.com/tracker/186823568153827945-8252864317741860630?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/have-you-given-your-input-to-dhs-yet.html)
Right now, the DHS is in the middle of its Quadrennial review, where, apparently all areas that DHS works on are subject to public comment and discussion. If you go to this page (http://www.homelandsecuritydialogue.org/dialogue2/ideas) you can comment directly on a variety of DHS, including immigration issues. We understand that these comments are given directly to those in the highest levels of office at DHS.
Very few folks have been aware of this opportunity. Probably most important is the way this administration has phrased the debate: "Smart and Tough Enforcement of Immigration Laws - Ideas." (http://www.homelandsecuritydialogue.org/dialogue2/immigration) I invite all AILA members to be part of this public debate. Click on the above links, make your comment and demand real immigration reform, not twisted and ill-directed "enforcement" whose only purpose is to convince congressman who will still never vote for positive immigration reform to actually do so.https://blogger.googleusercontent.com/tracker/186823568153827945-8252864317741860630?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/09/have-you-given-your-input-to-dhs-yet.html)
vine93
04-29 03:42 PM
http://mt.itbusinessedge.com/dm?id=B416E744005481DB1F3B03E74547DB56
more...
rockstart
03-31 02:00 PM
Is your filing date 6/13/2007? Perhaps they are working on your case. Cross check with perhaps they are touching your application
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permfiling
05-18 05:42 PM
If you haven't filed I-485 yet, you cannot use AC21 as it requires I-485 to be pending for more than 180 days. It means, that you're stuck with your ex-employer for GC processing unless your new employer is willing to file new LC and I-140 for you. You can port the PD of your approved I-140 to the new one.
Once your PD becomes current, then you can file I-485.
I think you got my question differently. My ex-employer is A where I had my I140 approved . Now I am with employer B. If i want to continue with B then I have to file LC+140 with old PD but if I go back to A in same role then I have to file only 485 but my LCA is specific to location in CA .My question is wether I join A in NY and still file AOS based on old PD or not.
Once your PD becomes current, then you can file I-485.
I think you got my question differently. My ex-employer is A where I had my I140 approved . Now I am with employer B. If i want to continue with B then I have to file LC+140 with old PD but if I go back to A in same role then I have to file only 485 but my LCA is specific to location in CA .My question is wether I join A in NY and still file AOS based on old PD or not.
more...
TheStruggler
08-30 05:16 PM
Hello Gurus,
I am on H1B with a NJ consulting company since 10/2004.
I am working with a client in Los Angeles, CA.
My H1b Visa expired in 05/2010 and I just got my 3-year extention.
In my petition I gave details of current client.
Today an Agent came from USCIS for an onsite(client-side) visit and verification.
The agent asked me various question mostly related to my petition
I was told my name was picked up randomly.
It is part of USCIS Site visit and verification Program
Anyone has a similar experience?
I am on H1B with a NJ consulting company since 10/2004.
I am working with a client in Los Angeles, CA.
My H1b Visa expired in 05/2010 and I just got my 3-year extention.
In my petition I gave details of current client.
Today an Agent came from USCIS for an onsite(client-side) visit and verification.
The agent asked me various question mostly related to my petition
I was told my name was picked up randomly.
It is part of USCIS Site visit and verification Program
Anyone has a similar experience?
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Jean123
01-14 02:21 PM
A friend of mine is a citizen from a non Visa-waiver country, married to an American. They've been married for two years and she is expected to receive her green card in a few months at the embassy of her country of origin where she still lives. Because of abuse issues, she wants to separate asap but is afraid he might retaliate by trying to prevent her from receiving her green card. Is that possible, or should she wait until she has the Green Card in her hands? Thanks!
more...
pmandappa
10-12 06:59 AM
I have an approved I-140 with a priority date of April 2008 (EB2). Unfortunately, my husband's employer did not go through with the GC filing process as promised and his H1B runs out next summer. I had heard that there were cases in which an individual could apply for additional extension based on the spouse's approved I140. Is there any truth to that?
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Blog Feeds
11-12 09:20 AM
From Politico: House Speaker Nancy Pelosi wants to push for a vote during the lame-duck session on a bill that would legalize young, undocumented immigrants if they attend college or serve in the military, according to Democratic sources familiar with a leadership conference call Wednesday. A vote on the bill, known as the DREAM Act, could come as early as next week, the sources said. Pelosi asked Rep. George Miller (D-Calif.) and Rep. Xavier Becerra (D-Calif.) to assess the mood of the caucus, according to one source. The vote on DREAM is probably easier in the Lame Duck House given...
More... (http://blogs.ilw.com/gregsiskind/2010/11/pelosi-will-push-for-dream-act-vote-in-lame-duck.html)
More... (http://blogs.ilw.com/gregsiskind/2010/11/pelosi-will-push-for-dream-act-vote-in-lame-duck.html)
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Yeldarb
08-17 01:09 PM
I have also gotten Jobs through the Job Offers forum =)
One returning customer too!
One returning customer too!
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a_yaja
01-02 12:06 PM
Hi,
I am on H1 and may have to use EAD in couple of months. What would be the status of my son (he is on H4) if I use EAD? We filed 485 in July 2007.
Thanks,
ratsek
If you filed for I-485 for your son as well then he is in Adjustment of Status (AOS), otherwise he may be out of status once you start using your EAD. Talk to an attorney if you have not filed for AOS for your son and plan to use EAD.
I am on H1 and may have to use EAD in couple of months. What would be the status of my son (he is on H4) if I use EAD? We filed 485 in July 2007.
Thanks,
ratsek
If you filed for I-485 for your son as well then he is in Adjustment of Status (AOS), otherwise he may be out of status once you start using your EAD. Talk to an attorney if you have not filed for AOS for your son and plan to use EAD.
more...
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deafTunes123
03-12 09:22 AM
I am confused. Is it 120 days (4 months) or 90 days (3 months) before the expiry that one needs to apply for the EAD renewal.
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Blog Feeds
12-18 09:50 AM
Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
Individuals who apply for a non-immigrant visa must be admissible to enter the United States. Inadmissible grounds to deny entry into the U.S. include, but not limited to the following:
Communicable disease;
Criminal record involving crimes of moral turpitude;
Possession of or trafficking in a controlled substance;
Trafficking persons;
Involved in money laundering;
Previously removed (deported) or previously overstayed a period of admission to the U.S.
If a non-immigrant visa holder subsequently becomes inadmissible and thus ineligible to enter the United States, depending on the inadmissibility ground, the visa holder may apply in advance of travel for a temporary waiver of inadmissibility. The waiver application is applied directly to U.S. Customs and Border Protection (CBP) prior to travel. Along with the signed Form I-192, Application for Advance Permission to Enter as Nonimmigrant, the applicant must submit the filing fee of $545, an official police record from country of nationality, proof of citizenship, and supporting documentation regarding the inadmissibility showing rehabilitation and character reformation. For questions concerning eligibility of the temporary waiver application, or any other area of immigration, call Kraft & Associates at 214-999-9999.
More... (http://dfwimmigrationlaw.clarislaw.com/temporary-visas/apply-for-advance-permission-to-enter-us-as-a-nonimmigrant-if-inadmissible.php)
Individuals who apply for a non-immigrant visa must be admissible to enter the United States. Inadmissible grounds to deny entry into the U.S. include, but not limited to the following:
Communicable disease;
Criminal record involving crimes of moral turpitude;
Possession of or trafficking in a controlled substance;
Trafficking persons;
Involved in money laundering;
Previously removed (deported) or previously overstayed a period of admission to the U.S.
If a non-immigrant visa holder subsequently becomes inadmissible and thus ineligible to enter the United States, depending on the inadmissibility ground, the visa holder may apply in advance of travel for a temporary waiver of inadmissibility. The waiver application is applied directly to U.S. Customs and Border Protection (CBP) prior to travel. Along with the signed Form I-192, Application for Advance Permission to Enter as Nonimmigrant, the applicant must submit the filing fee of $545, an official police record from country of nationality, proof of citizenship, and supporting documentation regarding the inadmissibility showing rehabilitation and character reformation. For questions concerning eligibility of the temporary waiver application, or any other area of immigration, call Kraft & Associates at 214-999-9999.
More... (http://dfwimmigrationlaw.clarislaw.com/temporary-visas/apply-for-advance-permission-to-enter-us-as-a-nonimmigrant-if-inadmissible.php)
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guyfromsg
08-14 09:03 PM
I live in NJ and my application was recieved on July 2nd. would that be Nebraska or Texas SC?
NJ comes under TSC but direct filing took effect only from July 30th. Till then the 485 was supposed to be sent to the center where 140 is filed or to NSC ( if no 140 filed). Even if it was sent to the wrong center USCIS will not reject the application in this timeframe. It will be internally transferred to the the correct service center.
NJ comes under TSC but direct filing took effect only from July 30th. Till then the 485 was supposed to be sent to the center where 140 is filed or to NSC ( if no 140 filed). Even if it was sent to the wrong center USCIS will not reject the application in this timeframe. It will be internally transferred to the the correct service center.
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voicerj
05-18 09:06 AM
Hello All,
I have a certain queries regarding the transfer from L2 to H1B.
My husband is on L1 and me on L2 with my EAD still under processing. However my husband's firm wants to get his visa converted to H1 which automatically cancels my L2 status and I would have to apply for H4.
So now my query is for how long will his status of L1 be valid will it be till the start date of H1B, or the minute he files in his papers for H1B or when his H1B gets approved?
Thanking you in anticipation.
~Shruti
To my knowledge your L2 status goes away the day his H1-B is approved.
Gurus what do you say ?
I have a certain queries regarding the transfer from L2 to H1B.
My husband is on L1 and me on L2 with my EAD still under processing. However my husband's firm wants to get his visa converted to H1 which automatically cancels my L2 status and I would have to apply for H4.
So now my query is for how long will his status of L1 be valid will it be till the start date of H1B, or the minute he files in his papers for H1B or when his H1B gets approved?
Thanking you in anticipation.
~Shruti
To my knowledge your L2 status goes away the day his H1-B is approved.
Gurus what do you say ?
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Edison99
09-22 02:41 PM
Good to know that...
How many foreigners (in all categories) obtained US lawful permanent residence in 2008?
In 2008, 1,107,126 foreign nationals became lawful permanent residents (LPRs) (also known as green-card holders) according to the Department of Homeland Security's Yearbook of Immigration Statistics 2008. The total number represents a 5.2 percent increase from 2007 (1,052,415) and a 31.6 percent increase from 2000 (841,002).
How many foreigners (in all categories) obtained US lawful permanent residence in 2008?
In 2008, 1,107,126 foreign nationals became lawful permanent residents (LPRs) (also known as green-card holders) according to the Department of Homeland Security's Yearbook of Immigration Statistics 2008. The total number represents a 5.2 percent increase from 2007 (1,052,415) and a 31.6 percent increase from 2000 (841,002).
ingegarcia
03-08 02:17 PM
My Personal experience was:
- When my H1B was filed for the first time it had a wrong Date of Birth, lawyer asked me to bring Birth Certificate to the Interview at the consulate. I did not have problems with the stamping of the visa.
When my extension was filed , again, Date of Birth was wrong. Lawyer told me the same thing. Get recent Birth Certificate and bring it to the Interview.
Did not have any problem at all.
:D
- When my H1B was filed for the first time it had a wrong Date of Birth, lawyer asked me to bring Birth Certificate to the Interview at the consulate. I did not have problems with the stamping of the visa.
When my extension was filed , again, Date of Birth was wrong. Lawyer told me the same thing. Get recent Birth Certificate and bring it to the Interview.
Did not have any problem at all.
:D
H1B-GC
05-07 09:39 AM
Hello All,
For the Visitors Visa(for parents), can a photocopy of Pay-check's be sufficient. Since the last few pay-rolls, my employer is giving everybody a photocopy of the Pay-check from Pay-chex Inc.To reduce costs of printing and mailing the Pay-checks, My employer is asking Pay-chex Inc to email the Bi-weekly pay-rolls of everybody.
Wondering if the US Embassy in India would create an issue by not bringing the original Pay-stubs.
Thanks!!
For the Visitors Visa(for parents), can a photocopy of Pay-check's be sufficient. Since the last few pay-rolls, my employer is giving everybody a photocopy of the Pay-check from Pay-chex Inc.To reduce costs of printing and mailing the Pay-checks, My employer is asking Pay-chex Inc to email the Bi-weekly pay-rolls of everybody.
Wondering if the US Embassy in India would create an issue by not bringing the original Pay-stubs.
Thanks!!
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