Wednesday, June 8, 2011

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  • pappu
    05-31 08:27 AM
    How can we reach the rest of ~496,000 skilled immigrants who are waiting for their green cards? where are they??
    http://immigrationvoice.org/forum/showthread.php?t=694&page=3

    has some ideas all members can implement





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  • rbharol
    01-21 09:09 PM
    Just 89000 odd...
    This is nothing compared to millions of illegals which mostly would not be high skill workers.

    If US lawmakers are smart, they should give GC to all of 89000 High Skilled workers seeking GC. This will be a win-win situation for both.





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  • EkAurAaya
    04-16 01:31 PM
    This is precisely why my Lawyer (amongst the top) advised to maintain H1B (so keep filing for extensions).
    If your H1 expires and you are here based on AOS 485 > and for some reason 485 gets rejected you are out of status.

    Good luck!





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  • vik123
    07-11 12:03 PM
    We should all write personal letters highlighting what happened and send it to out to congressmen/women. 2 Senators from your state and your house rep.
    That will make a huge difference, recently an IV member sent a letter and s/he has already gotten a call from the office, with a promise to look into it.
    I called my senator's local office, and they asked me to send a letter, the senator would send an inquiry to USCIS.
    Again, LETTER. no email, faxes. The staff clearly told me "Send a letter", and the senator will respond to it. Senator goes thru every postage paid letter.
    Yes,you are right.More the number of the senators sending inquiry, more the pressure on USCIS.Lawmakers sending inquiry will force USCIS to do something about this mess.
    I thnk that next campaign should be "SEND THE LETTERS TO YOUR SENATORS"



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  • kriskris
    07-28 02:49 PM
    We are planning to go to India in the last week of September. My current AP expires by Oct 10. Hence applying for a new one. How long are AP approvals taking now a days at TSC.
    Thanks in advance

    -Krishna





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  • gk_2000
    10-19 04:40 PM
    Aw, I can't say.. Who knows what will be the value of a $ that time?



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  • Roger Binny
    07-17 01:36 AM
    Uff..dude your thread raised lot of curiosity.

    Anyways, sounds like happy ending for now, thanks to USCIS for the MTR and the traffic it generated towards this thread.

    Wish you good luck and i hope in few months we will get a better USCIS website.





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  • PD_Dec2002
    07-07 09:49 PM
    I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?

    1. My LC was sent back to me on Tues (after 4 years).
    2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
    3. I am currently a little less than that if I can take into account all bonuses etc.
    4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
    5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
    6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
    7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.

    What should I do???

    I only know the answer for Q6. No, you cannot take bonus and other perks into account to calculate your total compensation or wage for DOL. The DOL wage has to be the annual salary that you will earn...as shown in your pay stubs.

    Thanks,
    Jayant



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  • abracadabra
    07-06 11:27 AM
    Hope others also ask some questions





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  • GCwaitforever
    10-04 05:45 PM
    Learn Dutch. That is more useful than French there.



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  • vikramy
    09-22 01:30 PM
    This is what given by my Attorney apart from your labor approval. Better double check..


    FOR FORM I-140

    Copies of each of the following are acceptable as long as you can provide the originals if the INS so requests.

    1. Letters of previous experience detailing dates of employment, title, and duties. Each letter must be on that employer�s letterhead, dated, and signed. Each letter must be in line with the experience shown on Form ETA 750-B of the Labor Certification Application. This may not apply if the Form I-140 is being filed directly from an L-1A visa.
    2. All degree certificates, and relevant marksheets.
    3. All Forms W-2 from the sponsoring employer.
    4. Latest 3 paychecks from the sponsoring employer.
    5. All H-1 and H-4 approval notices.
    6. Visa and identification pages from the principal alien�s passport, and each member of the family who will be migrating.
    7. Latest Form I-94 copies (clear and must show the date and place) of last entry for each migrating member of the family.
    8. Filing Fees. These vary and the exact amount will be told to you at the time of submission.





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  • Templarian
    08-19 10:04 AM
    ^Good Idea

    First Attempt (hopefully someone with better detail can make it look nice):
    http://img393.imageshack.us/img393/8536/orlysr5.gif



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  • kris04
    08-18 06:17 PM
    :confused:Hi all,

    I have a situation,
    I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.

    My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
    This is required to prove that there is no fraud happened while filing my case.

    As you all know, in this current situation, I can not go back and ask employer �A� about that letter.

    Any suggestions etc please provide.


    Just to remember
    REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES

    Thanks,

    Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.

    Good Luck

    HTH

    kris

    My Profile
    ----------
    GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)





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  • onemorecame
    03-06 02:41 PM
    What are the document are required while travelling on AP?
    Please let me know what kind of question they ask at POE?

    All other kind of information will help me prepare in advance

    Thanks



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  • psaxena
    06-03 06:00 PM
    Nothing gonna happen, USCIS will come to know that you are jobless and you will be deported the next day..

    Why the heck dun you hire a lawyer or just get a 30 min consultation from any lawyer.
    Stop these fake ID...I know who the hell are you. and You know me very well.

    Hi All,
    My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.

    For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.

    Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low

    Please give me your valuable suggestion

    Thanks





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  • needlotsofluck
    08-13 09:30 PM
    Hi,

    I just read the FAQ#3 and A33 says that I-485 �7/30/07 Y� should be used but my attorney used "07/24/06 Y" to file my I-485. Very worried now... any comments... what are chances that my apllication would be rejected?

    Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
    A33: The current I-485 form version dated �7/30/07 Y� should be used.

    Thanks
    Ron


    It says on FAQ3:
    Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
    A33: The current I-485 form version dated �7/30/07 Y� should be used. I-485 Version 07/24/06 is also acceptable. The form can be found at www.uscis.gov.

    Please read the whole answer.



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  • prem_goel
    08-29 11:06 AM
    please post if anyone has been in the same situation?





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  • thatwillbeit
    06-06 03:38 PM
    Thanks for your reply wandmaker


    akhilmahajan : Here is checklist of documents that I guess should be sent with AP I-131 form

    I-131 Application Supporting documents

    Copy of I-485 receipt Notice
    Copy of I-140 Receipt/Approval Notice
    Copy of Prior Advanced Parole Document (AP)
    Copy of Biographic Page of Passport
    Copy of Drivers' License
    2 Passport size Photos
    Check for $305 in favor of DHS





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  • adi787
    12-02 09:11 PM
    Thanks for your replies....

    I was asking... 3 year extn AFTER 6th year... anyway.

    to kris04:: Was your case like you never worked for sponsoring company?





    immique
    04-15 10:26 AM
    I had the same problem a few years back and I believe you have to enter the total AGI(adjusted gross income) from last year's joint return even if your wife did not earn any income. As far as I remember, if you filed a joint return last year, that number will be the same for you and your wife. if you still have any doubt, you can call IRS or consult a tax professional





    Ann Ruben
    06-30 11:44 PM
    In my opinion, USCIS should grant Company C's H-1 petition though they may deny any extension request and thus company C's petition would only be valid through the 2011 date of Company A's petition. You will then have to travel out of the US to get an H-1 visa stamp before the 2011 date.



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