mahathi
05-11 06:12 PM
Can I go to India and after the cleanace can I get the visa stamped in india?
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hoolahoous
09-15 06:23 PM
How about making it standard format. That will make it easy for admins/reporters to sum it up. For e.g. millions of dollars per year paid as taxes by people stuck in GC queue will make a good impact. And so would the average amount of years a person has to wait to get GC. So format could be
1) Name
2) Picture(s)
3) Average Tax paid per year
4) Years in US
5) Years waited for GC
6) Number of US citizen kids (with age)
7) --Optional-- Approximate amount paid to USCIS (H1b fee x number of times ported/extended + Labor cost + I140 Cost + I485 cost + Repeated EAD/AP cost) -- I myself have over 7 H1b stamps, two labors, one I-140 , 2 I-485 and 4 EAD/AP.
8) Personal Story (nothing more captures the attention of reporters than a dramatic story) dealing with USCIS (then INS)
Feel free to improve on it.
1) Name
2) Picture(s)
3) Average Tax paid per year
4) Years in US
5) Years waited for GC
6) Number of US citizen kids (with age)
7) --Optional-- Approximate amount paid to USCIS (H1b fee x number of times ported/extended + Labor cost + I140 Cost + I485 cost + Repeated EAD/AP cost) -- I myself have over 7 H1b stamps, two labors, one I-140 , 2 I-485 and 4 EAD/AP.
8) Personal Story (nothing more captures the attention of reporters than a dramatic story) dealing with USCIS (then INS)
Feel free to improve on it.
h1b_tristate
07-28 08:35 PM
Hi Everyone,
Thanks for your replies. I called a couple of lawyer offices and this is the response i got.
For the candidate to switch jobs here are the rules:
1) The labour in the new company should be filed 365 days BEFORE the end of the second H1B.
AND
2) To keep getting 3 year extentions, your I-140 in the First company should be approved
AND
3) The First company should NOT revoke your existing Green Card application.
Thanks for your replies. I called a couple of lawyer offices and this is the response i got.
For the candidate to switch jobs here are the rules:
1) The labour in the new company should be filed 365 days BEFORE the end of the second H1B.
AND
2) To keep getting 3 year extentions, your I-140 in the First company should be approved
AND
3) The First company should NOT revoke your existing Green Card application.
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bmoni
11-23 04:37 PM
Have anyone tried xoom.com or remit2india ?
more...
mnq1979
06-26 05:07 PM
If the registration date on the birth ceritificate is latest, not obtained during her birth, then you might need to back it up with secondary documents. Any of the above said documents, including 2 affidavits, should be submitted along with the bc. In any case make sure that all secondary documents includes both your parents full names. If you are using 2 affidavits as secondary documents then make sure that affiants full names and their date and place of birth information is also included. This is exactly what I did. I have submitted latest bc and backed up with 2 affidavits. This is what I learnt from my attorney. USCIS has received my response and application processing resumed and I am putting my fingers crossed:rolleyes:.
I will let u know if my status has changed. Please keep in mind that what I said all along in this thread based on my experience. Do some more research and come to your own conclusion. Good luck.
Can you please provide a template that how the affedevit should be. I mean is it possible you can provide the TEXT information of the affedevit that how it should be written.
2 affedevits mean One from Father and one from Mother right !!!!
I will let u know if my status has changed. Please keep in mind that what I said all along in this thread based on my experience. Do some more research and come to your own conclusion. Good luck.
Can you please provide a template that how the affedevit should be. I mean is it possible you can provide the TEXT information of the affedevit that how it should be written.
2 affedevits mean One from Father and one from Mother right !!!!
Maverick1
09-26 12:25 PM
Hi All,
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
I have been following the data for a while and I see a surge in EAD approvals. There are boatload of approvals from 9/24 and 9/25 (Some still pouring in).
If your case reached June21 (Not Jul 21st ?) , you can request an appointment at the local office and they can request a temp EAD card for you. Or since 90 days is over , you may call the 1 800 number.
Hi,
I filed (along with Wife and son) at NSC on july 2nd.
Got the Receiptts with Date Aug-28 for 485 for all of US.
Also Finished the Finger Printing on 25-Sep-2007.
When can I expect my receipts for EAD and AP?.
Anyone in the same boat?
Thanks,
alex...
AS I stated above there are quite a few approvals lately, but there are a bunch still waiting .
Question for those who got EAD and AP : Did your LUD on these applications change on line when your EAD/AP is approved ?
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
I have been following the data for a while and I see a surge in EAD approvals. There are boatload of approvals from 9/24 and 9/25 (Some still pouring in).
If your case reached June21 (Not Jul 21st ?) , you can request an appointment at the local office and they can request a temp EAD card for you. Or since 90 days is over , you may call the 1 800 number.
Hi,
I filed (along with Wife and son) at NSC on july 2nd.
Got the Receiptts with Date Aug-28 for 485 for all of US.
Also Finished the Finger Printing on 25-Sep-2007.
When can I expect my receipts for EAD and AP?.
Anyone in the same boat?
Thanks,
alex...
AS I stated above there are quite a few approvals lately, but there are a bunch still waiting .
Question for those who got EAD and AP : Did your LUD on these applications change on line when your EAD/AP is approved ?
more...
techskill
06-23 02:23 PM
White House Says Immigration Reform Unlikely in 09 - Roll Call (http://www.rollcall.com/news/36115-1.html)
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eldrick
08-16 01:41 PM
Hi,
My husband's company is paying for his 485 fees but not for me. I'm just wondering if they should charge me a separate legal fee for this case?
My understanding is legal fee already covers for both me and my husband and this has already been paid of by the Company. And now they are charging us a separate legal fee for me also as spouse.
Thanks for your advise.
My husband's company is paying for his 485 fees but not for me. I'm just wondering if they should charge me a separate legal fee for this case?
My understanding is legal fee already covers for both me and my husband and this has already been paid of by the Company. And now they are charging us a separate legal fee for me also as spouse.
Thanks for your advise.
more...
aj_jadeja
04-06 01:32 AM
http://www.washingtonpost.com/wp-dyn/content/article/2006/04/05/AR2006040502038.html
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cdeneo
03-26 10:01 PM
Why would an entry on AP not apply here?
also gap in employement when on AOS should not be a problem given GC is for future employment and as long as your employer can give an EVL when required with the necessary info. Right?
Have you gone out of the country and came back to USA on H1B visa after that ?
If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).
also gap in employement when on AOS should not be a problem given GC is for future employment and as long as your employer can give an EVL when required with the necessary info. Right?
Have you gone out of the country and came back to USA on H1B visa after that ?
If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).
more...
rackinghengxin
04-21 07:21 AM
I see your point, the topic above is debatable, and however, I am in your corner. Pallet Racking (http://www.rackingchina.com)
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black_logs
05-01 01:20 PM
You can't get an apointment for June, until you can prove you have an emergency. Also you should make your appointment at the post according to the permanent address on your passport.
Folks,
I have to visit India in June and I need to revalidate my visa that expired in April. I received my H1B extention last week, so that's no problem.
Do I have to go to one of the 4 visa application centers (mumbai, delhi, calcutta, chennai) Or can I just drop by any of the other centers (drop centers I believe, there is one in Bangalore). Website is not clear about this. There is an alluding reference in FAQ that says :
Qn: I am a returning H1-B/L-1 visa applicant, how do I apply for a revalidation?
You need to schedule an appointment for a visa interview through our website www.vfs-usa.co.in or at a visa application centre nearest to your area of residence.
Has anyone done this before? How long is it going to take? Is it similar to the drop-box that existed before?
I got an appointment in Delhi last year (7th year extention in New Delhi) But this time I can't get an appointment in any of the 4 centers.
Ganesh.
ps: I can't get appointments before June in Canada or Mexico either. :(
Folks,
I have to visit India in June and I need to revalidate my visa that expired in April. I received my H1B extention last week, so that's no problem.
Do I have to go to one of the 4 visa application centers (mumbai, delhi, calcutta, chennai) Or can I just drop by any of the other centers (drop centers I believe, there is one in Bangalore). Website is not clear about this. There is an alluding reference in FAQ that says :
Qn: I am a returning H1-B/L-1 visa applicant, how do I apply for a revalidation?
You need to schedule an appointment for a visa interview through our website www.vfs-usa.co.in or at a visa application centre nearest to your area of residence.
Has anyone done this before? How long is it going to take? Is it similar to the drop-box that existed before?
I got an appointment in Delhi last year (7th year extention in New Delhi) But this time I can't get an appointment in any of the 4 centers.
Ganesh.
ps: I can't get appointments before June in Canada or Mexico either. :(
more...
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Joey Foley
May 16th, 2005, 07:51 PM
Clean your sensor!
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05-09 02:04 PM
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go_guy123
03-12 09:42 PM
My friend is in the I-140 stage of green card processing
She needs to choose between Counselor Processing or I485
Which one is better Counselor Processing or I485 ?
Your feedback is greatly appreciated
She needs to choose between Counselor Processing or I485
Which one is better Counselor Processing or I485 ?
Your feedback is greatly appreciated
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mlk
06-26 04:16 AM
I Have a Dream - Address at March on Washington
August 28, 1963. Washington, D.C.
I am happy to join with you today in what will go down in history as the greatest demonstration for freedom in the history of our nation. [Applause]
Five score years ago, a great American, in whose symbolic shadow we stand signed the Emancipation Proclamation. This momentous decree came as a great beacon light of hope to millions of Negro slaves who had been seared in the flames of withering injustice. It came as a joyous daybreak to end the long night of captivity.
But one hundred years later, we must face the tragic fact that the Negro is still not free. One hundred years later, the life of the Negro is still sadly crippled by the manacles of segregation and the chains of discrimination. One hundred years later, the Negro lives on a lonely island of poverty in the midst of a vast ocean of material prosperity. One hundred years later, the Negro is still languishing in the corners of American society and finds himself an exile in his own land. So we have come here today to dramatize an appalling condition.
In a sense we have come to our nation's capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men would be guaranteed the inalienable rights of life, liberty, and the pursuit of happiness.
It is obvious today that America has defaulted on this promissory note insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check which has come back marked "insufficient funds." But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. So we have come to cash this check -- a check that will give us upon demand the riches of freedom and the security of justice. We have also come to this hallowed spot to remind America of the fierce urgency of now. This is no time to engage in the luxury of cooling off or to take the tranquilizing drug of gradualism. Now is the time to rise from the dark and desolate valley of segregation to the sunlit path of racial justice. Now is the time to open the doors of opportunity to all of God's children. Now is the time to lift our nation from the quicksands of racial injustice to the solid rock of brotherhood.
It would be fatal for the nation to overlook the urgency of the moment and to underestimate the determination of the Negro. This sweltering summer of the Negro's legitimate discontent will not pass until there is an invigorating autumn of freedom and equality. Nineteen sixty-three is not an end, but a beginning. Those who hope that the Negro needed to blow off steam and will now be content will have a rude awakening if the nation returns to business as usual. There will be neither rest nor tranquility in America until the Negro is granted his citizenship rights. The whirlwinds of revolt will continue to shake the foundations of our nation until the bright day of justice emerges.
But there is something that I must say to my people who stand on the warm threshold which leads into the palace of justice. In the process of gaining our rightful place we must not be guilty of wrongful deeds. Let us not seek to satisfy our thirst for freedom by drinking from the cup of bitterness and hatred.
We must forever conduct our struggle on the high plane of dignity and discipline. We must not allow our creative protest to degenerate into physical violence. Again and again we must rise to the majestic heights of meeting physical force with soul force. The marvelous new militancy which has engulfed the Negro community must not lead us to distrust of all white people, for many of our white brothers, as evidenced by their presence here today, have come to realize that their destiny is tied up with our destiny and their freedom is inextricably bound to our freedom. We cannot walk alone.
And as we walk, we must make the pledge that we shall march ahead. We cannot turn back. There are those who are asking the devotees of civil rights, "When will you be satisfied?" We can never be satisfied as long as our bodies, heavy with the fatigue of travel, cannot gain lodging in the motels of the highways and the hotels of the cities. We cannot be satisfied as long as the Negro's basic mobility is from a smaller ghetto to a larger one. We can never be satisfied as long as a Negro in Mississippi cannot vote and a Negro in New York believes he has nothing for which to vote. No, no, we are not satisfied, and we will not be satisfied until justice rolls down like waters and righteousness like a mighty stream.
I am not unmindful that some of you have come here out of great trials and tribulations. Some of you have come fresh from narrow cells. Some of you have come from areas where your quest for freedom left you battered by the storms of persecution and staggered by the winds of police brutality. You have been the veterans of creative suffering. Continue to work with the faith that unearned suffering is redemptive.
Go back to Mississippi, go back to Alabama, go back to Georgia, go back to Louisiana, go back to the slums and ghettos of our northern cities, knowing that somehow this situation can and will be changed. Let us not wallow in the valley of despair.
I say to you today, my friends, that in spite of the difficulties and frustrations of the moment, I still have a dream. It is a dream deeply rooted in the American dream.
I have a dream that one day this nation will rise up and live out the true meaning of its creed: "We hold these truths to be self-evident: that all men are created equal."
I have a dream that one day on the red hills of Georgia the sons of former slaves and the sons of former slave owners will be able to sit down together at a table of brotherhood.
I have a dream that one day even the state of Mississippi, a desert state, sweltering with the heat of injustice and oppression, will be transformed into an oasis of freedom and justice.
I have a dream that my four children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.
I have a dream today.
I have a dream that one day the state of Alabama, whose governor's lips are presently dripping with the words of interposition and nullification, will be transformed into a situation where little black boys and black girls will be able to join hands with little white boys and white girls and walk together as sisters and brothers.
I have a dream today.
I have a dream that one day every valley shall be exalted, every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight, and the glory of the Lord shall be revealed, and all flesh shall see it together.
This is our hope. This is the faith with which I return to the South. With this faith we will be able to hew out of the mountain of despair a stone of hope. With this faith we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood. With this faith we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day.
This will be the day when all of God's children will be able to sing with a new meaning, "My country, 'tis of thee, sweet land of liberty, of thee I sing. Land where my fathers died, land of the pilgrim's pride, from every mountainside, let freedom ring."
And if America is to be a great nation this must become true. So let freedom ring from the prodigious hilltops of New Hampshire. Let freedom ring from the mighty mountains of New York. Let freedom ring from the heightening Alleghenies of Pennsylvania!
Let freedom ring from the snowcapped Rockies of Colorado!
Let freedom ring from the curvaceous peaks of California!
But not only that; let freedom ring from Stone Mountain of Georgia!
Let freedom ring from Lookout Mountain of Tennessee!
Let freedom ring from every hill and every molehill of Mississippi. From every mountainside, let freedom ring.
When we let freedom ring, when we let it ring from every village and every hamlet, from every state and every city, we will be able to speed up that day when all of God's children, black men and white men, Jews and Gentiles, Protestants and Catholics, will be able to join hands and sing in the words of the old Negro spiritual, "Free at last! free at last! thank God Almighty, we are free at last!"
August 28, 1963. Washington, D.C.
I am happy to join with you today in what will go down in history as the greatest demonstration for freedom in the history of our nation. [Applause]
Five score years ago, a great American, in whose symbolic shadow we stand signed the Emancipation Proclamation. This momentous decree came as a great beacon light of hope to millions of Negro slaves who had been seared in the flames of withering injustice. It came as a joyous daybreak to end the long night of captivity.
But one hundred years later, we must face the tragic fact that the Negro is still not free. One hundred years later, the life of the Negro is still sadly crippled by the manacles of segregation and the chains of discrimination. One hundred years later, the Negro lives on a lonely island of poverty in the midst of a vast ocean of material prosperity. One hundred years later, the Negro is still languishing in the corners of American society and finds himself an exile in his own land. So we have come here today to dramatize an appalling condition.
In a sense we have come to our nation's capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men would be guaranteed the inalienable rights of life, liberty, and the pursuit of happiness.
It is obvious today that America has defaulted on this promissory note insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check which has come back marked "insufficient funds." But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. So we have come to cash this check -- a check that will give us upon demand the riches of freedom and the security of justice. We have also come to this hallowed spot to remind America of the fierce urgency of now. This is no time to engage in the luxury of cooling off or to take the tranquilizing drug of gradualism. Now is the time to rise from the dark and desolate valley of segregation to the sunlit path of racial justice. Now is the time to open the doors of opportunity to all of God's children. Now is the time to lift our nation from the quicksands of racial injustice to the solid rock of brotherhood.
It would be fatal for the nation to overlook the urgency of the moment and to underestimate the determination of the Negro. This sweltering summer of the Negro's legitimate discontent will not pass until there is an invigorating autumn of freedom and equality. Nineteen sixty-three is not an end, but a beginning. Those who hope that the Negro needed to blow off steam and will now be content will have a rude awakening if the nation returns to business as usual. There will be neither rest nor tranquility in America until the Negro is granted his citizenship rights. The whirlwinds of revolt will continue to shake the foundations of our nation until the bright day of justice emerges.
But there is something that I must say to my people who stand on the warm threshold which leads into the palace of justice. In the process of gaining our rightful place we must not be guilty of wrongful deeds. Let us not seek to satisfy our thirst for freedom by drinking from the cup of bitterness and hatred.
We must forever conduct our struggle on the high plane of dignity and discipline. We must not allow our creative protest to degenerate into physical violence. Again and again we must rise to the majestic heights of meeting physical force with soul force. The marvelous new militancy which has engulfed the Negro community must not lead us to distrust of all white people, for many of our white brothers, as evidenced by their presence here today, have come to realize that their destiny is tied up with our destiny and their freedom is inextricably bound to our freedom. We cannot walk alone.
And as we walk, we must make the pledge that we shall march ahead. We cannot turn back. There are those who are asking the devotees of civil rights, "When will you be satisfied?" We can never be satisfied as long as our bodies, heavy with the fatigue of travel, cannot gain lodging in the motels of the highways and the hotels of the cities. We cannot be satisfied as long as the Negro's basic mobility is from a smaller ghetto to a larger one. We can never be satisfied as long as a Negro in Mississippi cannot vote and a Negro in New York believes he has nothing for which to vote. No, no, we are not satisfied, and we will not be satisfied until justice rolls down like waters and righteousness like a mighty stream.
I am not unmindful that some of you have come here out of great trials and tribulations. Some of you have come fresh from narrow cells. Some of you have come from areas where your quest for freedom left you battered by the storms of persecution and staggered by the winds of police brutality. You have been the veterans of creative suffering. Continue to work with the faith that unearned suffering is redemptive.
Go back to Mississippi, go back to Alabama, go back to Georgia, go back to Louisiana, go back to the slums and ghettos of our northern cities, knowing that somehow this situation can and will be changed. Let us not wallow in the valley of despair.
I say to you today, my friends, that in spite of the difficulties and frustrations of the moment, I still have a dream. It is a dream deeply rooted in the American dream.
I have a dream that one day this nation will rise up and live out the true meaning of its creed: "We hold these truths to be self-evident: that all men are created equal."
I have a dream that one day on the red hills of Georgia the sons of former slaves and the sons of former slave owners will be able to sit down together at a table of brotherhood.
I have a dream that one day even the state of Mississippi, a desert state, sweltering with the heat of injustice and oppression, will be transformed into an oasis of freedom and justice.
I have a dream that my four children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.
I have a dream today.
I have a dream that one day the state of Alabama, whose governor's lips are presently dripping with the words of interposition and nullification, will be transformed into a situation where little black boys and black girls will be able to join hands with little white boys and white girls and walk together as sisters and brothers.
I have a dream today.
I have a dream that one day every valley shall be exalted, every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight, and the glory of the Lord shall be revealed, and all flesh shall see it together.
This is our hope. This is the faith with which I return to the South. With this faith we will be able to hew out of the mountain of despair a stone of hope. With this faith we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood. With this faith we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day.
This will be the day when all of God's children will be able to sing with a new meaning, "My country, 'tis of thee, sweet land of liberty, of thee I sing. Land where my fathers died, land of the pilgrim's pride, from every mountainside, let freedom ring."
And if America is to be a great nation this must become true. So let freedom ring from the prodigious hilltops of New Hampshire. Let freedom ring from the mighty mountains of New York. Let freedom ring from the heightening Alleghenies of Pennsylvania!
Let freedom ring from the snowcapped Rockies of Colorado!
Let freedom ring from the curvaceous peaks of California!
But not only that; let freedom ring from Stone Mountain of Georgia!
Let freedom ring from Lookout Mountain of Tennessee!
Let freedom ring from every hill and every molehill of Mississippi. From every mountainside, let freedom ring.
When we let freedom ring, when we let it ring from every village and every hamlet, from every state and every city, we will be able to speed up that day when all of God's children, black men and white men, Jews and Gentiles, Protestants and Catholics, will be able to join hands and sing in the words of the old Negro spiritual, "Free at last! free at last! thank God Almighty, we are free at last!"
more...
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sertasheep
07-26 09:55 PM
Nice.
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aditya
05-26 06:21 AM
Thank you all In Team IV
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dont worry i also contributed
god bless you all
dont worry i also contributed
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pappu
11-15 09:37 AM
My RIR is rejected. My LC is still pending.
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
As qualified_trash said your LC has not been rejected and you do not seem to be in a difficult situation. Your first post meant that you have lost all hope and your LC has been denied after waiting for several years. You may want to post all facts and details in the posts so that members get a complete picture. I would also suggest familarizing yourself with the labor certification process so that HR department and Lawyers do not take you for a ride or lack of information causes confusion or depression. It is very common amongst us to not know each and every law and process details, and lack of such information makes this greencard process much more tough than what it is already.
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
As qualified_trash said your LC has not been rejected and you do not seem to be in a difficult situation. Your first post meant that you have lost all hope and your LC has been denied after waiting for several years. You may want to post all facts and details in the posts so that members get a complete picture. I would also suggest familarizing yourself with the labor certification process so that HR department and Lawyers do not take you for a ride or lack of information causes confusion or depression. It is very common amongst us to not know each and every law and process details, and lack of such information makes this greencard process much more tough than what it is already.
ImmigrationAnswerMan
06-30 12:09 PM
Apollon:
As you pointed out in your original posting, to qualify as the equivalent of a masters degree, thereby allowing you to apply in the EB2 category, the 5 years experience must be gained after the BA. So your experience gained prior to getting the BA does get credited toward the BA+5.
Experience gained with your current employer can be used if another employer is sponsoring you. You do not have to be working for the new sponsor for them to sponsor you, since the PERM and I-140 are for prospective employment.
You said that this was for an engineering position. Not all engineering positions require a masters degree. In order to qualify under the EB2 category, the employee must have a masters or the equivalent, AND the position must have an actual minimum requirement of a masters or the equivalent. So just because you have a BA+5 does not necessarily qualify you for the EB2 category.
As you pointed out in your original posting, to qualify as the equivalent of a masters degree, thereby allowing you to apply in the EB2 category, the 5 years experience must be gained after the BA. So your experience gained prior to getting the BA does get credited toward the BA+5.
Experience gained with your current employer can be used if another employer is sponsoring you. You do not have to be working for the new sponsor for them to sponsor you, since the PERM and I-140 are for prospective employment.
You said that this was for an engineering position. Not all engineering positions require a masters degree. In order to qualify under the EB2 category, the employee must have a masters or the equivalent, AND the position must have an actual minimum requirement of a masters or the equivalent. So just because you have a BA+5 does not necessarily qualify you for the EB2 category.
mbartosik
09-12 07:34 PM
If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
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