nashorn
12-18 02:25 PM
It could be anything but approval of your case, since you are not current. Any change they made on you case will result in a LUD. A guy here got a LUD because somebody reentered his address. But since you got so many in so short period of time, it is very likely they are looking at your case. But when they reach the point that they have to make a decision on your case, let's just say your case is approvalble otherwise, they'll send your case on visa hold (because you are not current), and send your file to some visa hold shelf based on your PD and chargeability. When your PD become current, they'll approve it.
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WeShallOvercome
07-20 12:09 PM
I applied for my labor in July and my PD is July 2007. If I get approved before August 17 then will I be able to apply for I140/485 before August 17th.
Yes, but you'll need hard copy of your labour certificate which takes 1-3 weeks to arrive. I suggest keep ALL other documents 100% ready to go and send the application the moment your LC arrives. If it does not arrive by 16th, include whatever proof you have of the LC approval (email nitification etc..) and send your application. you never know they may accept it and issue an RFE later..
Yes, but you'll need hard copy of your labour certificate which takes 1-3 weeks to arrive. I suggest keep ALL other documents 100% ready to go and send the application the moment your LC arrives. If it does not arrive by 16th, include whatever proof you have of the LC approval (email nitification etc..) and send your application. you never know they may accept it and issue an RFE later..
sandy_anand
08-11 02:06 PM
Good post, gave you green! Wish people would come forward to donate and/or volunteer.
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hsingh82
02-24 01:05 PM
Consider this, I am an H1B and my perm has not been filed yet. I have been contributing to the IV posts(not monetary so far)...and haven't asked any question/query myself yet..... what do you want me to do pay money to reply to a post where a guy needs help on how to complain to DOL or if there is a link on CNN and I want to share with fellow IVians??
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whiteStallion
10-17 02:55 PM
Just an advice, please do not accept 1099 from your consulting company. I had the experience and paid a lot more in tax at the end of the year than I would have paid in W2 as 1099 is considered as business income. You'll be paying more taxes than W2.
So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.
So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.
ItIsNotFunny
04-06 12:41 PM
Very good article. Last few days we are getting some encouraging attention from high profile people. Let's get benefit out of it.
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coopheal
02-10 02:15 PM
5 Years should be fine.
The best would be something like " As soon as some one paid a net $50000 as federal taxes over the years" can get the GC.
Or
As soon some one pays the federal tax for half a million dollars will be eligible for GC.
With a minimum of 5 years of stay in the US and on any employment visa.
All this employer sponsorship, labor, 140, 485 are BS.
This is how it is all over Europe.
In your sim city you can make these rule. However for the real world support IV initiatives for the best results.
The best would be something like " As soon as some one paid a net $50000 as federal taxes over the years" can get the GC.
Or
As soon some one pays the federal tax for half a million dollars will be eligible for GC.
With a minimum of 5 years of stay in the US and on any employment visa.
All this employer sponsorship, labor, 140, 485 are BS.
This is how it is all over Europe.
In your sim city you can make these rule. However for the real world support IV initiatives for the best results.
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rb_248
10-19 04:58 PM
Friends,
If you want to use AC21 and are worried about matching job descriptions, you may do the following:
Go to the SWA O'net site: O*NET Code Connector - Occupation Search (http://www.onetcodeconnector.org/find/result)
Get the O'net code under which your application was filed from your attorney. Use the search option to find out the details of the job description listed under your O'net code. Write down the job duties of your future employment and see is your future job duties match the duties of your O'net code. If it matches 100% you are good. If not, see to what extent it matches.
My job duties matched about 60-70%. I took the risk because I didn't have a choice. I was laid off.
My understanding is that your future job duties should be compared to your O'net job duties and not to your current function at your current firm.
I guess this information helps you to do your ground work before you talk to your attorney. Using AC 21 is a pretty significant decision and can be done very safely if you have a good attorney to guide you through.
PM me if you have any further questions.
If you want to use AC21 and are worried about matching job descriptions, you may do the following:
Go to the SWA O'net site: O*NET Code Connector - Occupation Search (http://www.onetcodeconnector.org/find/result)
Get the O'net code under which your application was filed from your attorney. Use the search option to find out the details of the job description listed under your O'net code. Write down the job duties of your future employment and see is your future job duties match the duties of your O'net code. If it matches 100% you are good. If not, see to what extent it matches.
My job duties matched about 60-70%. I took the risk because I didn't have a choice. I was laid off.
My understanding is that your future job duties should be compared to your O'net job duties and not to your current function at your current firm.
I guess this information helps you to do your ground work before you talk to your attorney. Using AC 21 is a pretty significant decision and can be done very safely if you have a good attorney to guide you through.
PM me if you have any further questions.
more...
NKR
06-09 01:12 PM
His PD is sep 2003 which became current in April.. so it took him just over 2 months to get final approval.
That's encouraging, thanks for the info
That's encouraging, thanks for the info
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damialok
04-22 03:45 PM
I-485 could be from family based, EB1 and ROW categories. I dont all these became Unavailable on July 2nd. Also you are right, USCIS didnt reject applications even though they came in between July 2nd and 17th.
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TheCanadian
01-02 09:12 PM
F'ing a! I might not even have to lift a finger :run:
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seahawks
06-10 01:27 AM
http://www.murthy.com/news/UDisster.html
It is possible but I don't know the time line.
It is possible but I don't know the time line.
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perseus
07-17 01:04 AM
here is a brief account of my, and my spouse's, arduous but successful journey toward the coveted green cards. i hope this account helps you somehow.
(note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)
1. landed in the united states on f-1 visa -- september 2000.
2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.
3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)
4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).
5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.
6. graduated with advanced degree (and high academic honors) in december 2006.
7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.
8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.
9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.
10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.
11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).
12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.
13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.
14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.
15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).
16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!
17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.
18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!
notes in conclusion:
1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)
2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.
3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.
4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.
5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"
reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!
(note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)
1. landed in the united states on f-1 visa -- september 2000.
2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.
3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)
4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).
5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.
6. graduated with advanced degree (and high academic honors) in december 2006.
7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.
8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.
9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.
10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.
11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).
12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.
13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.
14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.
15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).
16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!
17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.
18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!
notes in conclusion:
1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)
2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.
3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.
4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.
5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"
reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!
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coopheal
02-11 05:20 AM
what initiatives? Never seen any publicized...
Starting monetary contribution is a start. if you can serve with time too contact IV core, they will be very happy to take you service.
Starting monetary contribution is a start. if you can serve with time too contact IV core, they will be very happy to take you service.
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gopinathan
03-29 05:02 PM
your case seems to be completed before Jan 29th 2010 deadline. from my understanding, all new applications after that date should go through a central (federal) PWD and that system is taking its sweet time..
my application from a big company was filed recently. same process issues but they completed the prevailing wage issue just before the deadline.
ksvreg - if you are looking for the new timelines, I don't know about those either..
...My PWD was filed in the first week of Jan and it took about 3 weeks to get a response back it seems, ..
my application from a big company was filed recently. same process issues but they completed the prevailing wage issue just before the deadline.
ksvreg - if you are looking for the new timelines, I don't know about those either..
...My PWD was filed in the first week of Jan and it took about 3 weeks to get a response back it seems, ..
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SunnySurya
08-21 03:15 PM
Thanks, I gave you some green dots for your answers.
You asked about my age: I will be 40yrs old this December. I came here when I was 29.
Even though you wanted to file a lawsuit against EB3( I am EB3 2004, with US Masters and Indian Bachelors both in Computer Science) I will still go ahead give you some suggestions.
1) I am guessing since you are working for consulting company, you might have worked at client places here in US. Nowadays everyone is in the fashion of opening their own India office like Target, BOA etc. So if you have worked with these clients and have good references from a PM or VP then you might be able to get in India office fairly easily and with really good pay. You could try for managerial roles.
2)As someone suggested Real Estate is another option
3) Otherthing to look in to is opening a school, this will help serve the community and also make money for you. Schools in India are going nowhere, so very less risk.
Hope this helps you...but what I am not sure from your statements is, are you frustrated with the wait for GC or are you frustrated with making less than what you should be making or are you frustrated in general?
Do not know your age, could be mid life crisis :D think about it....take a vacation....
You asked about my age: I will be 40yrs old this December. I came here when I was 29.
Even though you wanted to file a lawsuit against EB3( I am EB3 2004, with US Masters and Indian Bachelors both in Computer Science) I will still go ahead give you some suggestions.
1) I am guessing since you are working for consulting company, you might have worked at client places here in US. Nowadays everyone is in the fashion of opening their own India office like Target, BOA etc. So if you have worked with these clients and have good references from a PM or VP then you might be able to get in India office fairly easily and with really good pay. You could try for managerial roles.
2)As someone suggested Real Estate is another option
3) Otherthing to look in to is opening a school, this will help serve the community and also make money for you. Schools in India are going nowhere, so very less risk.
Hope this helps you...but what I am not sure from your statements is, are you frustrated with the wait for GC or are you frustrated with making less than what you should be making or are you frustrated in general?
Do not know your age, could be mid life crisis :D think about it....take a vacation....
more...
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RajWantsGC
05-12 09:57 PM
Hello Gurus,
I have bit complicated case. Please have a little patience to go through it. I had two I140s filed in 2007. One was under EB2 and another was under EB3. In July 2007, we filed I485 along with the EB3 I140 receipt (as per my employer). At the time of filing I485, both I140s were pending. In May 2008, my EB2 I140 was denied because of education issue. But at the same time my I1485 was also denied. The reason USCIS gave for denying I485 was that as I140 is denied so I485 was also denied automatically. But we attached the EB3 I140 receipt along with the I485 application. In month of May 2008, we filed MTR for I485 to reopen the case as my EB3 I140 was attached with the I485 and EB3 I140 is still pending. We also filed the appeal for my EB2 I140. In month of August 2008, my EB3 I140 was approved. I opened many service requests with USCIS for I485 MTR but to no use. After waiting for 10 long months since filing I485 MTR, I received a letter from USCIS in January 2009, saying that my MTR is sent to AAO. This is so frustrating. I was under the impression that MTR should not take much time.
Gurus, pleas let me know what are my options left now. I read in forums that people write letters to congressman and senators. I want to know the following things.
1) How to get the addresses of Congressmen and senators?
2) Should we send letters to local Congressman and Senators only? or we can send letters to any congress man and Senators?
3) Will the info pass be useful in my case?
Any help will be highly appreciated.
Thanks
Raj
I have bit complicated case. Please have a little patience to go through it. I had two I140s filed in 2007. One was under EB2 and another was under EB3. In July 2007, we filed I485 along with the EB3 I140 receipt (as per my employer). At the time of filing I485, both I140s were pending. In May 2008, my EB2 I140 was denied because of education issue. But at the same time my I1485 was also denied. The reason USCIS gave for denying I485 was that as I140 is denied so I485 was also denied automatically. But we attached the EB3 I140 receipt along with the I485 application. In month of May 2008, we filed MTR for I485 to reopen the case as my EB3 I140 was attached with the I485 and EB3 I140 is still pending. We also filed the appeal for my EB2 I140. In month of August 2008, my EB3 I140 was approved. I opened many service requests with USCIS for I485 MTR but to no use. After waiting for 10 long months since filing I485 MTR, I received a letter from USCIS in January 2009, saying that my MTR is sent to AAO. This is so frustrating. I was under the impression that MTR should not take much time.
Gurus, pleas let me know what are my options left now. I read in forums that people write letters to congressman and senators. I want to know the following things.
1) How to get the addresses of Congressmen and senators?
2) Should we send letters to local Congressman and Senators only? or we can send letters to any congress man and Senators?
3) Will the info pass be useful in my case?
Any help will be highly appreciated.
Thanks
Raj
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abhisam
07-09 06:31 PM
You said your employer is agreable, in that case, If you did not get your EAD before your current EAD expires, you can choose to work for free for those days and try to get paid for it after your EAD comes in effect.
Or even if you don't get paid for it, you are building some good will and you are not jeopardizing your job. It will definitely keep you in the good books of this employer.
Yes Augustus, thats a good idea. my employer will understand and I will continue to work. but will ask him not to pay me for the duration.
Or even if you don't get paid for it, you are building some good will and you are not jeopardizing your job. It will definitely keep you in the good books of this employer.
Yes Augustus, thats a good idea. my employer will understand and I will continue to work. but will ask him not to pay me for the duration.
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immi_enthu
08-10 05:03 PM
Guys,
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.
My PD was dec 2005. eb3. India.
Thought i would share with you all.:)
but all this mustang can do is f*rt . Did you guys notice the 'oo00 ' in the ID :D
I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.
My PD was dec 2005. eb3. India.
Thought i would share with you all.:)
but all this mustang can do is f*rt . Did you guys notice the 'oo00 ' in the ID :D
jayleno
07-09 08:44 AM
I think most would agree that this not a case of abuse. Its just an issue between two people. Sort this out with your employer. If he has really over paid you, isn't your 2 weeks salary lot less that 8K?
One bad day, my employer just realized that I was overpaid $8000 over 2 years. When I was with the company, I was told it was accountant mistake and I don't have to pay anything. It was all verbal so I don't have any witness.
After 2 months, I quit with 2 weeks notice.
Now he wants $8000 back or he won't pay my last 2 weeks.
I am on EAD and don't know what to do?
Can anybody advice?
One bad day, my employer just realized that I was overpaid $8000 over 2 years. When I was with the company, I was told it was accountant mistake and I don't have to pay anything. It was all verbal so I don't have any witness.
After 2 months, I quit with 2 weeks notice.
Now he wants $8000 back or he won't pay my last 2 weeks.
I am on EAD and don't know what to do?
Can anybody advice?
pcs
07-31 01:51 PM
Please share the info
thanks
thanks
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