qtoask
07-06 03:43 PM
Members: can you request IV to endorse this ... more than 100 people are waiting to get hear 'YES' from core...
http://immigrationvoice.org/forum/showthread.php?t=6025
thank you
http://immigrationvoice.org/forum/showthread.php?t=6025
thank you
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gccube
09-09 02:27 PM
Requirements to change employer when GC is pending:
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
"You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?
- I-140 should be approved
- More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
- Approved EAD
Significance of 180 days barrier
If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.
After 180 days, you cannot change jobs, you can only change employers
When you invoke AC-21, you have o fulfill two conditions:
1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
2.) You salary should be almost the same as the wages mentioned in GC labor certification application
This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.
It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.
USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.
Hope this is useful.
"You salary should be almost the same as the wages mentioned in GC labor certification application or it should not be more than 4% more than what is mentioned in the LC"?
Jimi_Hendrix
06-26 02:08 PM
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On June 25, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
Current Status: Card production ordered.
On June 25, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
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kew888
05-25 09:15 PM
I agree with Communique some parts.
I had been lived in Toronto for last 4 years.
Frankly speaking, Toronto is a very good city. I feel it probably can match up with Chicago, or 50% of NYC.
Multi-culture is even more obvious than in NYC.
But keep in mind that there are less high buildings than some super citys like NYC.
When talking about job opportunity, it is better to compare city with city, not country with country because actually once you settled down in one place, you probably can not go hunting jobs in another side of country.
So, the job opportunity # in GTA (Great Toronto Area) is about 75% of Chicago or 1/3 of NYC.
Many people told stories about immigrants can not find job in Canada. That is not true. The truth is that most of immigrants go from USA get job within half year even in 2001. I admit that some immigrants go direct from their homeland do have hard time to get job in Canada because of lacking English communication ability and North America work experience. For people who have been worked in USA for some time, finding a job in Canada is almost guaranteed.
The thing I don't like in Canada is that the workload is light and business is quite slow. So many lazy colleagues and from time to time union threaten to strike (for raise salary). Lots of our taxes are wasted for this huge government's unnecessary spending.
As of discrimination, I don't think there is too much. I feel there is some, but not very obvious. Part of the reason I think is because lots of immigrants actually live better than average traditional Canadian. It is true that many local teenth only finish high school and enjoy work as labor. You could say that is jealous.
Good Luck & enjoy life in Canada.
I had been lived in Toronto for last 4 years.
Frankly speaking, Toronto is a very good city. I feel it probably can match up with Chicago, or 50% of NYC.
Multi-culture is even more obvious than in NYC.
But keep in mind that there are less high buildings than some super citys like NYC.
When talking about job opportunity, it is better to compare city with city, not country with country because actually once you settled down in one place, you probably can not go hunting jobs in another side of country.
So, the job opportunity # in GTA (Great Toronto Area) is about 75% of Chicago or 1/3 of NYC.
Many people told stories about immigrants can not find job in Canada. That is not true. The truth is that most of immigrants go from USA get job within half year even in 2001. I admit that some immigrants go direct from their homeland do have hard time to get job in Canada because of lacking English communication ability and North America work experience. For people who have been worked in USA for some time, finding a job in Canada is almost guaranteed.
The thing I don't like in Canada is that the workload is light and business is quite slow. So many lazy colleagues and from time to time union threaten to strike (for raise salary). Lots of our taxes are wasted for this huge government's unnecessary spending.
As of discrimination, I don't think there is too much. I feel there is some, but not very obvious. Part of the reason I think is because lots of immigrants actually live better than average traditional Canadian. It is true that many local teenth only finish high school and enjoy work as labor. You could say that is jealous.
Good Luck & enjoy life in Canada.
more...
ufo2002
09-15 01:53 PM
Did you come to america for Horizontal growth...................ie to increase your girth?
You could easily do that in india these days. Some comments here are plain funny!
India has a lot of people with wide girths? All the images I see of India shows pretty skinny people. Or maybe I was looking at pics of Ethiopians....
You could easily do that in india these days. Some comments here are plain funny!
India has a lot of people with wide girths? All the images I see of India shows pretty skinny people. Or maybe I was looking at pics of Ethiopians....
a1b2c3
10-11 01:41 PM
I know one of my friends got his GC in April this year EB3 India, PD Aug 2001.
So they did approve some cases, very few though.
Is this something to be concerned of, Absolutely. USCIS should release the monthly statistics of approvals in each category.
We need USCIS to publish
a. Future projections - projection of monthly cutoff dates every quarter
b. Historical data - A histogram of 485 approvals in the last quarter based on PD buckets (May-June 02 would be a bucket).
c. Case updates like NC clearances and so on, without having to go through infopass and waste everyone's time.
d. Timely updates on processing times for cases like I-140.
Given that the three databases are being consolidated into one, I don't think it should be difficult for USCIS to publish this data.
You can't just say "Hey, we made every category current in July 07, now the dates are going to go into 10,000 B.C?"
So they did approve some cases, very few though.
Is this something to be concerned of, Absolutely. USCIS should release the monthly statistics of approvals in each category.
We need USCIS to publish
a. Future projections - projection of monthly cutoff dates every quarter
b. Historical data - A histogram of 485 approvals in the last quarter based on PD buckets (May-June 02 would be a bucket).
c. Case updates like NC clearances and so on, without having to go through infopass and waste everyone's time.
d. Timely updates on processing times for cases like I-140.
Given that the three databases are being consolidated into one, I don't think it should be difficult for USCIS to publish this data.
You can't just say "Hey, we made every category current in July 07, now the dates are going to go into 10,000 B.C?"
more...
EkAurAaya
10-11 04:30 PM
Yes Sir. Unfortunate for labor not cleared in time.
EB3 RIR March 2005.
Off topic - Didn't PERM start in March 2005?
EB3 RIR March 2005.
Off topic - Didn't PERM start in March 2005?
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rbanerjee
12-14 04:31 PM
usage of spill over must be based on demand estimates and cannot be an exact science.
removal of ROW spill-over must be in anticipation of the dam burst expected when the BECS finally cross pass the april 30 PDs ( ROW being a big majority of these applications).
We need to look at what the BECs are doing and where they are wrt apr 2001 apps. I believe they are almost past it or in the thick of it. there would be a 3-4 month lag since a lot of these guys are going through recruitment.
That will tell us whether we are seeing the worst or if it can get worse.
removal of ROW spill-over must be in anticipation of the dam burst expected when the BECS finally cross pass the april 30 PDs ( ROW being a big majority of these applications).
We need to look at what the BECs are doing and where they are wrt apr 2001 apps. I believe they are almost past it or in the thick of it. there would be a 3-4 month lag since a lot of these guys are going through recruitment.
That will tell us whether we are seeing the worst or if it can get worse.
more...
somegchuh
12-07 01:59 PM
I see there is a lot of discussion about how one day GOI will have an agreement with US Govt and we will all get benefits of all social security taxes paid. I don't see that happening because India doesn't have a social security system! US does have social security agreements with a lot of countries but those countries have social security programs. US transfers credits and the other govt has to take care of the details. Also, these agreements are always bilateral. India would have to offer some sort of social security or something in return to US nationals working there. I wouldn't get my hopes high about getting social security money if you leave the US before getting 40 credits. In fact even if you do gather the credits ... by the time you become eligible in 30 years things could be drastically different and you may not get a single penny out of it.
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svr_76
03-11 05:17 PM
I find the requirements for H/L visa at Hyderabad quite legit.
Asking employer (petitioners) last 2 years tax filing records + State Unemployment Wage Report + list of employees ensures that Petitioner really has a job offered ready and is not just a plan shop which would get head-count and hold them on zero/less pay on bench while they find a client.
Currently this is what is happening in certain cases which is considered a fraudulent use of the visa.
As a result of ramped fraud (On bench w/o assignment and not paid salary in full) the consulate is asking for all paystub and bank statements (which would show regular pay check deposits) to prove that petitioner (employer) did really pay regular salary. Otherwise, both petitioner and employee are de-frauding by not paying (employer) and not reporting (employee).
What's wrong in asking these documents?
Asking employer (petitioners) last 2 years tax filing records + State Unemployment Wage Report + list of employees ensures that Petitioner really has a job offered ready and is not just a plan shop which would get head-count and hold them on zero/less pay on bench while they find a client.
Currently this is what is happening in certain cases which is considered a fraudulent use of the visa.
As a result of ramped fraud (On bench w/o assignment and not paid salary in full) the consulate is asking for all paystub and bank statements (which would show regular pay check deposits) to prove that petitioner (employer) did really pay regular salary. Otherwise, both petitioner and employee are de-frauding by not paying (employer) and not reporting (employee).
What's wrong in asking these documents?
more...
diptam
08-16 10:24 AM
I'm also suffering like you for years but doing a RE-FILE just for managing bad odds is not reasonable. If they reject your application - You should be able to resend it from FEDEX/USPS signature and receipt Notice even after Aug 17th.
I'm not a lawyer and i've nothing against Rajaiv Khanna but on a general i'm advising you that " Any lawyer wants their clients case get complicated and convoluted". By doing this you/we are just complicating our case and offering "Money making" potential to already Rich , Wealthy ,Cut throat Lawyers.
Don't you agree ?
Folks,
I am going to share with you what I have done regarding refilling and why I have done that.
Call me a paranoid or something else but the fact of the matter is that time period between July 2nd and Aug 17th is a golden opportunity that may not present itself for several years now.
Though the chances of my application getting rejected due to mail room error is less but in the game of probability everyone of us stand equal chances of getting hit by a thunder bolt.
Just a side note - They install lightning rod on buildings to protect from lightening even though chances are 1 in 700,000. Well, my odds are much worse than that. Hence, I need to protect myself.
Regarding filling multiple 485 applications, Rajeev Khanna has categorically stated in one of his meetings that he is doing it. And we all know he is a person of good reputation.
There are two scenarios I can think about:
a) My July 2nd is accepted: In such cases either my later filled application is automatically rejected or they will send me a letter asking me to choose one.
Someone on one of his/her post had mentioned about stop payment idea. He may have a point. Call USCIS and you will find out that only thing they will do is reject your application, which is what you want if your earlier application is already in process.
Somebody also stated just like what they did in H-1B cases on 04/02/07, they may reject both applications, well; H-1B case was different due to lottery system.
b) My July 2nd application is rejected: Well, I just protected myself from a thunder bolt.
Having suffered in Green Card race for so long, my risk taking capacity has greatly been reduced. I am not advising or urging anyone to take any action. I am just sharing what I did.
I'm not a lawyer and i've nothing against Rajaiv Khanna but on a general i'm advising you that " Any lawyer wants their clients case get complicated and convoluted". By doing this you/we are just complicating our case and offering "Money making" potential to already Rich , Wealthy ,Cut throat Lawyers.
Don't you agree ?
Folks,
I am going to share with you what I have done regarding refilling and why I have done that.
Call me a paranoid or something else but the fact of the matter is that time period between July 2nd and Aug 17th is a golden opportunity that may not present itself for several years now.
Though the chances of my application getting rejected due to mail room error is less but in the game of probability everyone of us stand equal chances of getting hit by a thunder bolt.
Just a side note - They install lightning rod on buildings to protect from lightening even though chances are 1 in 700,000. Well, my odds are much worse than that. Hence, I need to protect myself.
Regarding filling multiple 485 applications, Rajeev Khanna has categorically stated in one of his meetings that he is doing it. And we all know he is a person of good reputation.
There are two scenarios I can think about:
a) My July 2nd is accepted: In such cases either my later filled application is automatically rejected or they will send me a letter asking me to choose one.
Someone on one of his/her post had mentioned about stop payment idea. He may have a point. Call USCIS and you will find out that only thing they will do is reject your application, which is what you want if your earlier application is already in process.
Somebody also stated just like what they did in H-1B cases on 04/02/07, they may reject both applications, well; H-1B case was different due to lottery system.
b) My July 2nd application is rejected: Well, I just protected myself from a thunder bolt.
Having suffered in Green Card race for so long, my risk taking capacity has greatly been reduced. I am not advising or urging anyone to take any action. I am just sharing what I did.
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bkr
12-18 08:03 PM
My advice is to take a new job, leave the current employer on good terms and forget about AC21.
One more question, If we opt for AC21, can the previous employer revoke I140 (After 180 days) ? will that impact I485 ?
Please advise.
One more question, If we opt for AC21, can the previous employer revoke I140 (After 180 days) ? will that impact I485 ?
Please advise.
more...
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map_boiler
08-08 10:12 AM
...as some other folks here have suggested would be to get F1 first, and then get married. Will need to move on the F1 quickly (since it is already August), especially if she needs to do TOEFL/GRE/GMAT. Might also need to postpone wedding by a few weeks. This seems like the best option.
Congrats, and all the best!
Congrats, and all the best!
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Canuck
02-24 06:26 PM
Read this:
http://www.uscis.gov/files/pressrelease/ExpediteNameChk022007.pdf
What I can gather from this is that USCIS is going back on its original position of asking the FBI to expedite Name Check cases.
http://www.uscis.gov/files/pressrelease/ExpediteNameChk022007.pdf
What I can gather from this is that USCIS is going back on its original position of asking the FBI to expedite Name Check cases.
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GCOP
04-20 12:40 PM
Friends,
The previous post has a very good draft, but in addition, we should add recapture of unused visas. Let's hope for the best. Thanks
The previous post has a very good draft, but in addition, we should add recapture of unused visas. Let's hope for the best. Thanks
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dtekkedil
07-06 04:23 PM
Sorry to hear someone hurting this much!
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hebbar77
05-18 01:26 PM
Me too!
There are good and not so good schools here for MS /PhD. Either way why a seperate quota for US MS/PhD. Is a foreign MS/PHD any inferior?
Just a thought..
Especially IIT/IISc are not too bad schools in india!
There are good and not so good schools here for MS /PhD. Either way why a seperate quota for US MS/PhD. Is a foreign MS/PHD any inferior?
Just a thought..
Especially IIT/IISc are not too bad schools in india!
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mbartosik
02-10 06:24 PM
Got another 33 in hand, total 43, more to come
Tip: recruit friends and strangers to get more from their work places and mail back to you.
Tip: recruit friends and strangers to get more from their work places and mail back to you.
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rajuram
08-01 10:00 PM
The key is that....there should not be substantial difference in the job duties and the responsibilities.
what do 180 days start, RN date or notice date?
what do 180 days start, RN date or notice date?
laborday
07-17 10:36 AM
I also can't see the updated processing time for TSC
Can you tell me the processing time for i140 Skilled and professional worker
thanks
I-140 Immigrant Petition for Alien Worker Skilled worker or professional January 13, 2007
Can you tell me the processing time for i140 Skilled and professional worker
thanks
I-140 Immigrant Petition for Alien Worker Skilled worker or professional January 13, 2007
pointlesswait
11-25 04:44 PM
the quaterly spillover.. is that just speculation.. or has USCIS confirmed it?
I dont see any news release saying that there will be X number or quaterly spillovers...
Can IV get some kind of inputs..on how sure are these quaterly spillover rumours??
I dont see any news release saying that there will be X number or quaterly spillovers...
Can IV get some kind of inputs..on how sure are these quaterly spillover rumours??