Leo07
11-09 11:17 PM
I appreciate it.
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stillalone
12-15 09:29 AM
Hi Phani
Thanks for your reply.. not UNVA its ITU.
Thanks for your reply.. not UNVA its ITU.
frostrated
07-21 09:59 AM
Hi All,
First off, thank you for taking the time read this.
Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.
Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.
Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.
current job does not qualif for EB2, but you can use your experience to join a new employer and port to EB2.
First off, thank you for taking the time read this.
Now I did see a lot of discussions around this topic but could not get a real answer to my situation, Can someone please help me understand this better.
Currently working for the same employer who started my GC process, Labour applied and approved in Sep 06, I-40 approved in 2007, 485 pending. I'm with the employer for 6 years now. I have a masters degree (MCA) but the job does not require a masters when I joined. I have my bachelors (both 3yr degrees from India). I have close to 10 years of professional experience.
Do I qualify for the port, assuming my job does not require masters degree. Thank you all in advance.
current job does not qualif for EB2, but you can use your experience to join a new employer and port to EB2.
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vchip
08-23 09:50 AM
I have filed my I-485 before my marriage and I need to be on H1-B VISA to maintain my spouse's H4 Status.
Couple of weeks back there was a leaked USCIS memo mentioning "The agency could also consider extending employment authorization to the dependent spouses of certain skilled workers. For example, USCIS sould allow employment authorization for H-4 dependent spouses of H-1B principals where the principals are also applied for lawful permanent residence and have extended their non-immigrant status under the provisions of AC21"
Memo USCIS (http://www2.nationalreview.com/memo_UCIS_072910.html)
Please let me know if there are any updates.
Cheers,
VChip
Couple of weeks back there was a leaked USCIS memo mentioning "The agency could also consider extending employment authorization to the dependent spouses of certain skilled workers. For example, USCIS sould allow employment authorization for H-4 dependent spouses of H-1B principals where the principals are also applied for lawful permanent residence and have extended their non-immigrant status under the provisions of AC21"
Memo USCIS (http://www2.nationalreview.com/memo_UCIS_072910.html)
Please let me know if there are any updates.
Cheers,
VChip
more...
vijay1974
09-11 01:14 PM
Rally shoud emphasize that its not for increase in any H1B visa but to provide relief for people who are going through AOS to cut down the amount of time whole adjustment process takes.
sendmailtojk
11-11 09:49 PM
My son was > 21 years of age when my I-140 was applied (Aug 07). So I guess I can forget it.
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msadiqali
05-06 04:23 PM
Stock Markets Gamblers beware..DOW drops 998 points intra day..
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sanju_dba
03-10 10:59 AM
Any body has a soft LUD on approved EAD while I 485 pending.
Mine is 485 pending and my AP had (soft) LUD dated mid of Feb 2011.
Soft Vs Hard explained here (http:///2011/01/hard-vs-soft-lud-how-to-use-it-to-track.html)
Mine is 485 pending and my AP had (soft) LUD dated mid of Feb 2011.
Soft Vs Hard explained here (http:///2011/01/hard-vs-soft-lud-how-to-use-it-to-track.html)
more...
bigboy007
11-01 11:46 AM
bump ... any ideas please
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rsymonds
08-04 06:36 PM
Hi,
Here is my current Status :
I485 : Filed in July 2007
PD : April 2006
EAD : Valid till 27th August 2010 (filed for renewal last week)
AP : Valid till Jan 22nd 2011
H1B : Valid till Jan 22nd 2011
My employer is still the same who filed for my GC (and helping me keep my H1 current) Last couple of time when I went to India I have used AP to re-enter the US. My wife used her EAD to get a job locally - but now she has quite and she is in India. . I am currently in process of getting my H1 stamped on my passport, get H4 for my wife and son (who was born on July 30 2010 in India)
MY QUESTION IS : What should we use to re-enter the US ? AP or H1/H4 ?
Will my H1 and EAD still be valid ? or will I lose one of them ?
Please let me know. I do not want to take a wrong step since I am so close to getting my GC.
RS
Here is my current Status :
I485 : Filed in July 2007
PD : April 2006
EAD : Valid till 27th August 2010 (filed for renewal last week)
AP : Valid till Jan 22nd 2011
H1B : Valid till Jan 22nd 2011
My employer is still the same who filed for my GC (and helping me keep my H1 current) Last couple of time when I went to India I have used AP to re-enter the US. My wife used her EAD to get a job locally - but now she has quite and she is in India. . I am currently in process of getting my H1 stamped on my passport, get H4 for my wife and son (who was born on July 30 2010 in India)
MY QUESTION IS : What should we use to re-enter the US ? AP or H1/H4 ?
Will my H1 and EAD still be valid ? or will I lose one of them ?
Please let me know. I do not want to take a wrong step since I am so close to getting my GC.
RS
more...
sweet_jungle
11-13 12:54 AM
Yes, I just did that last month. I went to take my FP a week before my actual appointment date. I just walked in on Saturday morning. They were nice and helpful. But I did take my 485 Notice and FP Notice, you do need that. Mine was done in St. Paul, Minnesota service center.
Hi Saroj,
Thanks for the info. I have not got FP notice and it has been over 4 months from I-485 receipt date. Do you think ASC will entertain FP request if I just walk in with I-485 receipt?
SJ
Hi Saroj,
Thanks for the info. I have not got FP notice and it has been over 4 months from I-485 receipt date. Do you think ASC will entertain FP request if I just walk in with I-485 receipt?
SJ
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ruchigup
08-18 11:02 PM
This information is helpful. Thanks
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Blog Feeds
10-28 01:10 PM
AILA Leadership Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination (http://www.aila.org/content/default.aspx?docid=30320) of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Electrical Helper.
The employer filed a LC (http://www.mvplawgroup.com/greencards.php?action=laborcert) on behalf of an alien worker and in November of 2007, the CO denied the application because he was unable to verify the Employer as a bona fide business entity. The Employer requested reconsideration by submitting its 2006 Federal Corporate Tax Return, its Business Certificate Registration and two utility bills. The Federal Employer Identification Number (FEIN) provided on the 2006 Tax Return only matched the first two digits of the FEIN previously provided on Form ETA 9089. Furthermore, the utility bills and the tax return provided a different address from that on the Business Certificate Registration. Thereafter, the CO issued a letter denying reconsideration because the FEIN on the corporate tax return did not match the FEIN on ETA Form 9089. The CO then forwarded the case to BALCA. The Employer filed a letter stating that its company had two addresses, one for its motor shop and the other for its main office, the CO did not file an appellate brief with the Board.
Upon BALCA review, it was determined that the requirement in ETA Form 9089 requiring submission of a FEIN was fully supported by the regulations and by policy of using the FEIN as a means of verifying whether an employer is a bona fide business entity. An employer MUST possess a valid FEIN when applying for labor certification pursuant to PERM (http://www.mvplawgroup.com/greencards.php?action=permprocess) regulation 20 C.F.R. � 656.3. In the present case, there was a discrepancy in the FEIN provided in ETA Form 9089 and in the 2006 tax return; however, the Employer failed to explain the discrepancy.
Accordingly, since the discrepancy in the FEINS was not clarified, the Board affirmed the CO�s denial of certification.
More... (http://www.h1bvisalawyerblog.com/2009/10/balca_upholds_denial_of_labor_29.html)
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wandmaker
11-16 05:26 AM
You should apply for a renewal EAD six months before your original EAD expires. Check out this link below.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Hope this helps!
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
Hope this helps!
more...
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PALLO
04-15 02:15 PM
Hello,
My Labor was denied for the following reason -
Neither the earliest date listed for a recruitment step on ETA Form 9089, 03/20/2008 listed in XXX and XXX, nor the date the application was filed 8/27/2008 fall within the Prevailing wage determination validity period of 4/21/200-7/20/2008. This indicates the employer did not begin recruitement, not file the application during the Prevailing wage determination period.
Can you guys please suggest what could be done. Letter states we can ask for a review. But lawyer thinks we have start the process from the begining.
Would appreciate susgestion ASAP. Have only 15 days to respond.
Thanks
My Labor was denied for the following reason -
Neither the earliest date listed for a recruitment step on ETA Form 9089, 03/20/2008 listed in XXX and XXX, nor the date the application was filed 8/27/2008 fall within the Prevailing wage determination validity period of 4/21/200-7/20/2008. This indicates the employer did not begin recruitement, not file the application during the Prevailing wage determination period.
Can you guys please suggest what could be done. Letter states we can ask for a review. But lawyer thinks we have start the process from the begining.
Would appreciate susgestion ASAP. Have only 15 days to respond.
Thanks
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xZeRo23
06-21 06:54 PM
What is that animal?! O.o
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guyfromsg
09-21 07:39 PM
Hello Georgia members. Thanks for everyone who is joining the rally. I've created a googlegroup for the GA member. Please join this group.
http://groups.google.com/group/goivgaiv
Thanks to everyone who attended the rally. Please join the google group for Georgia. We can plan local activities, meetings etc and grow this chapter. There are so many legal immigrants living in GA but our strength was not reflected in the rally.
http://groups.google.com/group/goivgaiv
Thanks to everyone who attended the rally. Please join the google group for Georgia. We can plan local activities, meetings etc and grow this chapter. There are so many legal immigrants living in GA but our strength was not reflected in the rally.
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pmat
07-14 02:36 PM
Asking for not revoking I140 would be helpful. Also make sure that you at least have copies of the I140 approval notice and I485 receipt notices.
Copies of your Perm labor certification would also be helpful as you may need to consult them for looking at the job responsibilities used for your original labor.
Copies of your Perm labor certification would also be helpful as you may need to consult them for looking at the job responsibilities used for your original labor.
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gckidhamal
02-28 06:59 PM
Hi guys,
My PD is current and my I-140 approved. I received below RFE on my pending I-485 related to my name listed differently on documents.
RFE words are listed below.
NAME DIFFERENCE:
Submit documentary evidence to establish that Pravin Bhalla, Pravinkumar Bhalla and Praveenkumar Bhalla are the same person. The most persuasive evidence is photo identification in each name. If the last name is different due to marriage, submit the marriage certificate. Note: Affidavits will not be considered primary evidence.
I don't have a lawyer for my I-485. Any help on how to answer this REF will be great help.
Thank you in advance for your response.
My PD is current and my I-140 approved. I received below RFE on my pending I-485 related to my name listed differently on documents.
RFE words are listed below.
NAME DIFFERENCE:
Submit documentary evidence to establish that Pravin Bhalla, Pravinkumar Bhalla and Praveenkumar Bhalla are the same person. The most persuasive evidence is photo identification in each name. If the last name is different due to marriage, submit the marriage certificate. Note: Affidavits will not be considered primary evidence.
I don't have a lawyer for my I-485. Any help on how to answer this REF will be great help.
Thank you in advance for your response.
cinqsit
06-24 07:36 PM
You can extend apply for AP (Advance Parole) ;-) at anytime provided you have your 485 pending so there should be no "risks"
only risk i see is that what if you have to travel and for some reason your H1 stamping gets delayed (if you have a AP you will be safe there)
Also their processing times keep on fluctuating - what if you later down the road are
in need of AP apply for one and then dont get it approved by the time you want to travel
Personally I prefer to just keep things simple and apply for AP renewals even though
I wont use them - just so that there is no "divergence" from the norm
Just so when USCIS officer is processing your case they wont have to think or
issue query to get clarification etc etc
cinqsit
only risk i see is that what if you have to travel and for some reason your H1 stamping gets delayed (if you have a AP you will be safe there)
Also their processing times keep on fluctuating - what if you later down the road are
in need of AP apply for one and then dont get it approved by the time you want to travel
Personally I prefer to just keep things simple and apply for AP renewals even though
I wont use them - just so that there is no "divergence" from the norm
Just so when USCIS officer is processing your case they wont have to think or
issue query to get clarification etc etc
cinqsit
techchaat
11-17 08:24 PM
Hi,
This is regarding my H1B VISA application. I came to US in 2007 as a student of MBA and was working with my employer since then on CPT. My H1B petition was filed under Student Quota in Apr 2009 and was approved. I am going to India for my H1 stamping when I got I-129 from my employer. My highest education mentioned by my employer is MS - Computer Science from the University, while I pursued MBA - Management. Following are my questions:
Is it OK to go for H1B stamping with this I-129?
What are the possible options to correct it?
Will this be a problem for my Green Card processing?
Please let me know if any further details are required from my side.
This is regarding my H1B VISA application. I came to US in 2007 as a student of MBA and was working with my employer since then on CPT. My H1B petition was filed under Student Quota in Apr 2009 and was approved. I am going to India for my H1 stamping when I got I-129 from my employer. My highest education mentioned by my employer is MS - Computer Science from the University, while I pursued MBA - Management. Following are my questions:
Is it OK to go for H1B stamping with this I-129?
What are the possible options to correct it?
Will this be a problem for my Green Card processing?
Please let me know if any further details are required from my side.