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Saturday, June 18, 2011

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  • glus
    02-24 12:20 PM
    I filed my labor three years ago with a requirement of BS + a minimum of a one year experience (I had 4 years of US experience and 6 ys experience abroad at that time -feb 2005-).
    Now that I filed I-485 more than 180 days ago and I have a job offer that pays double of what is mentioned in the Labor (which the lawyer said is not a problem) , I still have an issue and is the following: in the description mentions as requirement "BS + minimum of 5 ys experience".
    My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience than what was required at the moment my labor was filed: ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.

    The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years being same or similar). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.

    Did anyone hear anything similar?

    Thanks and have a great weekend!


    OK, this could be a problem at the time of I485 approval. You can change a job to same or similar. If you salary is double, an IO can think that this can't possibly be "same or similar" job. Also, if the experience required for the new position is so much different, that could also raise doubts. I would suggest getting a 2nd lawyer's opinion. I remember reading memo stating that if there is a "marginal change" in salary or requirements, a job cannot be classified as similar or same, which is required to invoke Ac21.





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  • kirupa
    01-02 08:42 PM
    Sure, feel free to. As long as it is something that you did (no 3rd party code, etc.), then it is all good.

    :)





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  • casinoroyale
    08-22 09:47 AM
    Bumping so that this thread can get traction. Looks like mostly GC related traffic comes to IV.





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  • vdlrao
    04-08 02:54 PM
    On Page 3 they say total Employement based preferences number was 162,176

    Than on page 6 they say total Employement based preferences number was 147,148

    147,148 is the limit for EB category where as 162,176 are actual issued visa numbers for fiscal year 2007



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  • lostinbeta
    10-04 12:20 AM
    Good Luck=)





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  • intheyan
    10-17 08:46 PM
    We got our checks cashed. We submited at Nebraska service center on july 2nd by 9.01 am signed by R.micheals. We got our case transfered to Texas and got our checks chased on october 16 th. The receipt started with SRC and it had 13 digits but when I quired my status online it said receipt error. May be thier is some wait time to get updated into thier online case status check.



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  • pitha
    05-22 07:25 PM
    Aliens with
    applications for a labor certification pursuant to section
    212(a)(5)(A) of the Immigration and Nationality Act shall
    preserve the immigrant visa priority date accorded by the date
    of filing of such labor certification application.

    doesnt the above statement mean people who have filed for labor certification retain there priority date. For example if I140 is cleared and labor certification was done in Jan 2005 then you will retain the jan 2005 priority date.



    Checking out this section of the bill :


    It says something about preserving priority date. Is there any provision to port the priority date from old system to new system. I am sure there would some sort of concept for priority date in the new system.

    Now if we can transfer our priority date from old system we would definitely get some benefit in the new system. Any comments ?





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  • immi2006
    05-10 10:52 AM
    http://www.wsmv.com/global/story.asp?s=4883792

    WASHINGTON The U-S Senate is crafting legislation that would require employers to check the Social Security numbers and the immigration status of all new hires.

    Employers who don't and who hire illegal immigrants would be subjected to fines of two hundred- to six thousand dollars per violation.

    And once an electronic system is up and running, fines can jump to as much as 20 thousand dollars, along with the spectre of actual prison time.

    In the immigration law of 1986, Congress left it to employers to ensure they were hiring legal workers, but the law was not strictly enforced and the market has become swamped with fraudulent documents.




    Reported on http://www.immigration-law.com/.
    Here is the Linnk for the news article.
    http://news.yahoo.com/s/ap/20060510/...tion_employers

    This looks good.If the Employers stop hiring Illegals, the Problem of Illiegal Immigrants would be solved to a very large extent.

    We have Illiegal Immigrants coming from all over the World, because they are assured of an hourly salary of 5$/Hr(which is very handsome, compared to the situation in their respective countries).

    If they stop getting employment,they would not have any incentive to take the risk of coming in here as an illegal immigrant.Ofcourse, there will still be people crossing over but that would be just a trickle as compared to the Thousands who cross over every single day.

    This move is logical and more practical.If the internal mechanism is strengthened, there is no need spend Billions of $ to try to seal the Southern Borders through a wall or fence.



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  • dcrtrv27
    11-13 07:59 PM
    I got the follwing form web site...Has anyone heard of trying this path?
    I have full support from employer to make teh case fit in the first "severe financial loss to company :)or "individual":(

    USCIS Expedite Criteria
    USCIS Expedite Criteria

    All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

    Severe financial loss to company or individual
    Extreme emergent situation
    Humanitarian situation
    Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
    Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
    USCIS error
    Compelling interest of USCIS
    If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

    If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.





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  • Since1997
    07-20 01:08 PM
    From the website http://www.immigration-law.com/Canada.html we can see that there are only 140000 GCs ...
    1. Year Cap: 140000 (for EB)
    2. India Limit: 7% = 9800 ONLY
    3 Now imagine how many years it will take to cover up the number like 750000.
    ==========================
    Originally Posted by andy garcia
    Last year the top 5 countries in EB got all these visas:

    Total EB ****** 159,081
    Philippines ***** 23,733
    India ********* 17,169
    Korea ******** 10,886
    China ******** 9,484
    Mexico ****** 8,864

    The actual limit is 7% of the total EB plus FB which is:
    (140,000 + 226,000) * .07 = 25,620
    ==============================



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  • zCool
    06-08 02:20 AM
    While it was indeed a horrible bill and it deserves to die,
    it's too early to say it's gone forever.
    Moreover, it is nativist and scare-mongering that won the victory today so lets not get carried away..
    Moral of the story is.. Anti-immigrant lobbies are very strong and they are organized.
    Republican base has found enemy to blame for mis-steps and win 2008 elections.. it is immigration. Buoyed by the success in slowing down 1 piece of legislation that probably had most broad-based support in recent years.. they will try to further the gains by proposing more divisive and mean-spirited bills designed to provoke response and inflame passion (i.e. make life unbearable and very difficult for all immigrants)

    On the other hand we will probably have better chance of pushing small reliefs in employement based immigration.

    I think if there ever was a time to start new funding drive.. it is NOW!





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  • newbee7
    07-05 12:53 AM
    Ombudsman had correctly predicted this fiasco back in June before the dates were made current:

    There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL’s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped where as they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38

    http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf



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  • chanduv23
    03-14 08:44 PM
    This is more pertinent to Physicians - I heard that following residency or J1 expiration one has to return to home country for 5 yrs. I have the following questions
    - What are the options for Fellowships and how do they weigh against the fellowship options for H1 holders ?
    - How difficult is it to obtain J1 waivers ?
    - Is the new J1 conrad law beneficial ?
    - Can someone share their success story of converting J1 to another visa, Thanks all

    A lot of people do get waiver jobs and convert to H1b. But the job locations will not be in cities and will be in remote areas, I am not sure how they do it but there seems to be a network through which all this happens. I have heard that the waiver process is very expensive and lawyers charge a hefty sum. If I get some info, I will pass it on to you.

    I was under the impression that the home residency requirement for J1 is 2 years and not 5 years. Please check with that too.





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  • natrajs
    09-16 03:27 PM
    Recd CPO e mail @ 7 PM EDT - 9/15/09 ( Self & Spouse) - TSC

    June 04 EB2I
    8/8/07 - RD
    9/28/07 - ND
    8/28/08 - SLUD
    9/15/09 - HLUD - CPO E mail

    Thank Q IV

    Best Wishes and Good Luck



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  • milind70
    04-07 05:44 PM
    I drove to Canada for H1-visa stamp renewal a few weeks ago and was surprised that Canada Immigration did not ask for my I-94 at point of entry.
    I asked the immigration officer if they should take my I-94 but they declined saying it wasn't necessary and that I'd get an I-94 when coming back into the U.S, which is exactly what happened so perhaps this is perfectly normal.
    I am not worrying about it at all.

    I think when travel to with North America(Canada & Mexico) you need not submit you current I 94 if you are going to reneter within 30 days of your exit.





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  • alisa
    08-03 10:45 AM
    I am starting this thread for people who are still waiting for their I-140 approvals.

    There is a thread about the delay in I-140 approvals at TSC. However, from what I can tell by looking at data, NSC is worse than TSC.

    The processing dates suggest that NSC is looking at March 2007 I-140 applications. But thats what they have been saying for the last three months.
    In December 07, the processing dates for NSC EB3 were at January 2007.
    In July 2008, the processing dates (NSC, EB3) are at March 2007.

    We are witnessing the birth of another 'backlog elimination center.' This must be pointed out, so that there is a chance that this could be stopped.



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  • tnite
    07-19 10:14 AM
    By "resident" you mean its an AOS case and not Counsulate processing right? Meaning he is in US and submitting AOS application right? yes, he has been here for 5 yrs on h1b and his wife was on H4 when he claimed some of her tuition under 8863


    For IRS tax purposes one is considered a resident if they pass the substantial presence test (http://www.irs.gov/businesses/small/international/article/0,,id=96352,00.html). i e. you pay the same taxes every other resident pays and you get the same deductions, exemptions others get.

    There is nothing to worry about in your friends case.
    If they had a home, they would have deducted their interest from the taxes, if they had medical expenses more than 8% of their income then they would have deucted that too.
    As a resident tax filer, these are some of the advantages.
    I dont understand why your friends are worried about this.

    check this out (http://www.irs.gov/taxtopics/tc851.html)

    --------------------------------------------------------------------------

    Since resident and nonresident aliens are taxed differently, it is important for you to determine your status. You are considered a nonresident alien for any period that you are neither a United States citizen nor a United States resident alien.

    You are considered a resident alien if you met one of two tests for the calendar year.

    The first test is the "green card test." If at any time during the calendar year you were a lawful permanent resident of the United States according to the immigration laws, and this status has not been rescinded or administratively or judicially determined to have been abandoned, you are considered to have met the green card test.

    The second test is the "substantial presence test." To meet this test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one–third of the days you were present in the first year before the current year, and one–sixth of the days you were present in the second year before the current year. Do not count any day you were present in the United States as an "exempt individual" or commute from Canada or Mexico to work in the United States on more than 75% of the workdays during your working period. An exempt individual may be anyone in the following categories:

    A foreign government–related individual,
    A teacher or trainee with a J or Q visa who substantially complies with the requirements of the visa,
    A student with an F, J, M, or Q visa who substantially complies with the requirements of the visa; or
    A professional athlete temporarily present to compete in a charitable sports event.
    -------------------------------------------------------------------------

    Since your friend and his wife are on H Visa for the last 5 yrs, they are considered resident aliens for tax purposes and they can claim deductions , benefits , hope credit , life time learning credit etc.





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  • hebron
    04-03 12:31 PM
    Hi Bobby,
    I'm sorry, I'm a little confused now. Maybe its just me.

    Couple of questions, if you don't mind.

    1. Did you go on your vaction after getting your 3 year extension based on your approved I-140?

    2. Did you apply for 3 year H1-b extension even though your passport was not renewed?

    3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp?

    4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years?

    Thanks



    I returned to the US last year after a vacation and while my current visa's expiration date is July 2007 the customs official would only stamp my I-94 & authorize entry until May 2007 when my passport expires. My lawyer has applied for our extension using copies of my passport which is expiring soon but she advised that USCIS would need a copy of the new passport with new expiry date before approving my extension. The lawyer says your passport has to have an expiry date after the date of expiration of your visa extension. I will get a new I-94 with my visa extension btw this extension is the 3 year extension as our I-140 is approved but we have not filed for adj. of status yet. PD 5/03 EB3 ROW





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  • gjoe
    08-21 10:23 AM
    ^^^bump^^^

    For Rfc





    hpandey
    07-30 01:16 PM
    Paper based filing on July 2nd 2008 (NSC)
    Got filing receipt on July 19th 2008

    Today I got the CRIS appproval email for my EAD application. However, the EAD application for my spouse still shows pending. We both filed together (paper filing). Is this normal, has someone seen this type of situation before? Do I need to contact USCIS to remind them about the other EAD application?


    I got a similar situation but the thing is that both myself and my spouse got our EAD's but my application on the website shows pending while it is approved for my spouse. Don't know why my application is still showing pending. Could it be because I am the dependent on the application and not primary ?





    eucalyptus.mp
    02-16 03:37 PM
    I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
    Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
    Is there any problem now a days for H1 Transfers ?
    Please give me your valuable suggestions.



    Thanks...



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