fearonlygod
11-14 10:12 AM
thanks for the response ....how long is the response time for such cases....
gc28262
07-19 08:36 AM
Hi Folks
My EB2 will be current next month per VB. I just moved to a new place and did an online address change. I changed my address in Master DB as well as pending petitions.My questions in regard to this are :
<> I created an online USCIS ID and noticed there was a soft-update on my petition - meaning the update date itself changed but the status of petition is the same. "Under review". Just wanted to confirm if my address change online , caused the soft-update or USCIS opened my application ?
<> Last time , I changed my address online it immediately give me EMail alerts as well as a plain auto generated hard copy letter in zerox, from them informing me of the same. This time there are no alerts , nothing. How do I know what address USCIS have on file for me.
My online profile won't show current address - just an application online to change the same.
Any insights will help
Ram
Call customer service. Tell them you want to verify that USCIS has the correct address on file for you. They will verify whether the address they have is the current one. If not, ask them to update it.
My EB2 will be current next month per VB. I just moved to a new place and did an online address change. I changed my address in Master DB as well as pending petitions.My questions in regard to this are :
<> I created an online USCIS ID and noticed there was a soft-update on my petition - meaning the update date itself changed but the status of petition is the same. "Under review". Just wanted to confirm if my address change online , caused the soft-update or USCIS opened my application ?
<> Last time , I changed my address online it immediately give me EMail alerts as well as a plain auto generated hard copy letter in zerox, from them informing me of the same. This time there are no alerts , nothing. How do I know what address USCIS have on file for me.
My online profile won't show current address - just an application online to change the same.
Any insights will help
Ram
Call customer service. Tell them you want to verify that USCIS has the correct address on file for you. They will verify whether the address they have is the current one. If not, ask them to update it.
nvmurali
06-02 07:06 PM
Sorry Murali, I wasn't clear in my earlier post.
1. Your new "extended for 3-yrs" H1B can be trasferred to your new employer. Your new employer files for the transfer of this approved H1B and you can work for the new employer legally with no hassles.
2. Now regarding your green card, since your PD is not current and you haven't been able to apply for AOS yet (and thus, "AOS pending for 180 days" isn't relevant either), you will have to restart your GC process - PERM and then I-140 followed by I-485 (when PD is current). At the last stage, when you apply for I-485 (AOS), you can recapture your older PD (Feb 2008), but not before that.
3. If you wait till you are able to file your AOS and then 180 days after you do file it, and THEN move to a similar job, then you won't have to restart your GC process. Now, given the current visa bulletin, this is hard to predict and there are no guarantees your job offer will still be available at that time.
Hope this clarifies my earlier post - sorry for the confusion.
This does clarify my confusion. Thankyou very much! Appreciate it. This makes me feel so much better:)
1. Your new "extended for 3-yrs" H1B can be trasferred to your new employer. Your new employer files for the transfer of this approved H1B and you can work for the new employer legally with no hassles.
2. Now regarding your green card, since your PD is not current and you haven't been able to apply for AOS yet (and thus, "AOS pending for 180 days" isn't relevant either), you will have to restart your GC process - PERM and then I-140 followed by I-485 (when PD is current). At the last stage, when you apply for I-485 (AOS), you can recapture your older PD (Feb 2008), but not before that.
3. If you wait till you are able to file your AOS and then 180 days after you do file it, and THEN move to a similar job, then you won't have to restart your GC process. Now, given the current visa bulletin, this is hard to predict and there are no guarantees your job offer will still be available at that time.
Hope this clarifies my earlier post - sorry for the confusion.
This does clarify my confusion. Thankyou very much! Appreciate it. This makes me feel so much better:)
ras
02-08 08:18 PM
"- $195 for a 30 minute phone consultation
- $395 for a 60 minute phone or in-office consultation "
looks to be a bit high for consultation
Why dont you consult Prashanthi Reddy who is one of the Attorney's that answers IV Conference calls. Her consultation seems to be quite reasonable to my knowledge. ofcourse check with her anyway the consultation price. Also check with Shusterman, etc.
"I found one group -
EmployementLawGroup.net
And they are asking me
- $195 for a 30 minute phone consultation
- $395 for a 60 minute phone or in-office consultation
I don't know how much they are going ask to answer to my summons along with filing a new case .Tomorrow I'm going to send documents and then I'm going to have appointment with them.
For the time being I'm going ahead with them - If you guys know please advise me.
( I'm really not earned/earning much ) "
- $395 for a 60 minute phone or in-office consultation "
looks to be a bit high for consultation
Why dont you consult Prashanthi Reddy who is one of the Attorney's that answers IV Conference calls. Her consultation seems to be quite reasonable to my knowledge. ofcourse check with her anyway the consultation price. Also check with Shusterman, etc.
"I found one group -
EmployementLawGroup.net
And they are asking me
- $195 for a 30 minute phone consultation
- $395 for a 60 minute phone or in-office consultation
I don't know how much they are going ask to answer to my summons along with filing a new case .Tomorrow I'm going to send documents and then I'm going to have appointment with them.
For the time being I'm going ahead with them - If you guys know please advise me.
( I'm really not earned/earning much ) "
more...
bluekayal
11-01 05:35 PM
I am hoping to file I-140 next week or so based on an approved labor with PD of 2004. Any idea if it is possible to tie my Sch A 2006 PD with this older one? Thanks for your input!
sdrblr
10-28 11:11 AM
Was the threat or intimidation verbal or do you have any paper trail. This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).
Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.
Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.
Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?
Good news is another company has already applied for my H1 transfer.
I will appreciate all suggestions and advices for which I thank you in advance.
more...
gccovet
12-17 01:53 AM
Thanks all for your replies...perhaps my question is not clear...I would have posted a new thread but was not easily able to figure out how to do so...
Will try to ask my question again...
I am not worried about when my FP expires and things on those lines....
my questions is for jobs that require green card or citizenship... there are some federal jobs out there that require security clearance....and for which they need either green card holders or citizen I beleive...
Now if one has an EAD (no green card yet, 485 pending for more than 1 year) and has got his/her FP done in FEB 2008 what does that mean...does it mean that once you have your FP done there is some kind of security clearance that you get from FBI ?...can you say you have active security clearance..if so what kind of security clearance is that called ?...as I said when I went for the Biometrics/FP (Code 3) they stamped the notice with the following
Biometrics Processing Stamp
ASC Side Code: __________XTE<location>
Biometrics QA Review by ________ (officer's signature)
Tenprints QA Reivew (officer's signature)
Thanks Gurus !!
SEcurity clearence for jobs are different / separate then immigration stuff. non-imm aliens can get lowest level of security clearance.
GCCovet
Will try to ask my question again...
I am not worried about when my FP expires and things on those lines....
my questions is for jobs that require green card or citizenship... there are some federal jobs out there that require security clearance....and for which they need either green card holders or citizen I beleive...
Now if one has an EAD (no green card yet, 485 pending for more than 1 year) and has got his/her FP done in FEB 2008 what does that mean...does it mean that once you have your FP done there is some kind of security clearance that you get from FBI ?...can you say you have active security clearance..if so what kind of security clearance is that called ?...as I said when I went for the Biometrics/FP (Code 3) they stamped the notice with the following
Biometrics Processing Stamp
ASC Side Code: __________XTE<location>
Biometrics QA Review by ________ (officer's signature)
Tenprints QA Reivew (officer's signature)
Thanks Gurus !!
SEcurity clearence for jobs are different / separate then immigration stuff. non-imm aliens can get lowest level of security clearance.
GCCovet
caforum2
06-19 07:32 AM
EAD has nothing to do with status. He is in legal status as long as his I-485 is filed and waiting to be decided by USCIS, even if his non immigrant visa expired. EAD is work permit and he can't work based on EAD filing but only on approved ead.
more...
GCBoy786
09-11 04:58 PM
Just heard this from my friend. His case is exactly the same (I140-NSC approved, July 2nd 9:01 R.Mickels filer). His got transferred to Texas and got receipts last week. No EAD's yet. Got receipt for FP date today.
Guys, Please update if you hear more of similar cases.
Guys, Please update if you hear more of similar cases.
CyberCucina
02-09 04:26 PM
The swarm creeps me out! I like Perlin circles.
more...
amdn123
02-05 02:28 PM
Thank you Prasadn.
chanduv23
03-08 08:48 PM
Wow,
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
Maybe the numbers were high as they spilled over, but that does not explain why eb2 and eb3, where they must be equal.
It if definitely interesting to note that eb1 India has so much demand.
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
Maybe the numbers were high as they spilled over, but that does not explain why eb2 and eb3, where they must be equal.
It if definitely interesting to note that eb1 India has so much demand.
more...
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chehuan
01-18 02:50 PM
Thanks for the reply
I agree that your suggestion is really smart, I am a QA engineer and I dont know why exactly i wouldnt qualify as EB2....ignore that for now
if i get an I40 with EB3 and move to another EB2 employer
It will result in me losing everything except my priority date
but my employer might not give me any paperwork which is required to retain my priority date which is the case for many employers
in that case I lose everything and need to start from scratch
Am I right?..please correct if not.....What is the nature of paperwork required to retain the priority date?
-chehuan
I agree that your suggestion is really smart, I am a QA engineer and I dont know why exactly i wouldnt qualify as EB2....ignore that for now
if i get an I40 with EB3 and move to another EB2 employer
It will result in me losing everything except my priority date
but my employer might not give me any paperwork which is required to retain my priority date which is the case for many employers
in that case I lose everything and need to start from scratch
Am I right?..please correct if not.....What is the nature of paperwork required to retain the priority date?
-chehuan
pappu
05-28 03:11 PM
I think this is system account which go and read blogs from different sites. No body reads your comment. Please donot waste time on those system automated message.
You can post comments.
We are trying to pull helpful blog comments from Lawyers in one place for our members. Members can then discuss those issues, updates etc on these threads.
You can post comments.
We are trying to pull helpful blog comments from Lawyers in one place for our members. Members can then discuss those issues, updates etc on these threads.
more...
wandmaker
10-24 01:07 AM
Your labor wants masters only or bachelors with 5 years is acceptable?
Look bullet no. 2.
The following degree equivalency determinations have been made by the AAO, USCIS, District Court and through regulations:
1. A Bachelor of Medicine & Bachelor of Surgery (MBBS) is the foreign equivalent of a US medical degree. (2009)
2. A three year Bachelor�s degree from India is equivalent to a US Bachelor�s degree. (2008)
EB-2 & EB-3 Degree Equivalency | US Immigration Blog (http://blog.messersmithlaw.com/?p=50)
MurthyDotCom : Combination Degrees found by AAO Equal to 4-Year U.S. Degree (http://www.murthy.com/news/n_combdg.html)
YOU NEED GOOD LAWYER. FILE COMPLAINT WITH AAO.
Good find - IF OPs labor has "bachelors +5 years" then s/he can be back in track otherwise the chances are slim to none.
Look bullet no. 2.
The following degree equivalency determinations have been made by the AAO, USCIS, District Court and through regulations:
1. A Bachelor of Medicine & Bachelor of Surgery (MBBS) is the foreign equivalent of a US medical degree. (2009)
2. A three year Bachelor�s degree from India is equivalent to a US Bachelor�s degree. (2008)
EB-2 & EB-3 Degree Equivalency | US Immigration Blog (http://blog.messersmithlaw.com/?p=50)
MurthyDotCom : Combination Degrees found by AAO Equal to 4-Year U.S. Degree (http://www.murthy.com/news/n_combdg.html)
YOU NEED GOOD LAWYER. FILE COMPLAINT WITH AAO.
Good find - IF OPs labor has "bachelors +5 years" then s/he can be back in track otherwise the chances are slim to none.
anilsal
06-29 04:30 PM
most of the Schengen consulates (Germany, France, Switzerland, Norway etc) are being forced into performing biometrics (aka fingerprinting) before issuing visas. This is going to be another hurdle before you actually are issued a Schengen visa. At least the consulate lady I talked to recently was not looking forward to the biometric requirement. Not sure when the requirement kicks in.
If you want to get UK visa, you are anyway required to do fingerprints similar to your EAD/485 FP at the USCIS centres. So this exercise will be followed by other consulates.
With the airlines suffering, I am wondering if there will be any respite to their woes.
If you want to get UK visa, you are anyway required to do fingerprints similar to your EAD/485 FP at the USCIS centres. So this exercise will be followed by other consulates.
With the airlines suffering, I am wondering if there will be any respite to their woes.
more...
The7zen
01-26 07:54 PM
Voted ????? How ? did u get a confirmation ?
Anyone care to answer this ????
Anyone care to answer this ????
logiclife
02-19 11:42 AM
I have been thinking about choosing between EB3 and EB2. I hold a Masters degree from US and have 2 yrs of experience. I am wondering whether to go in EB3 (which is very simple and easy to get with no scrutiny - SURE TO GET APPROVED) and wait for a very long time in the queue OR go for EB2 (which is more difficult and have to pass through all the scrutiny from I-140) and then wait, whose waiting time might be lesser than EB3's
Which one is best to do ? Your suggestions please.
This is a wrong conventional belief. It has been far too many times written about and has now become conventional wisdom, that EB2 or EB1 is determined by the qualification of the employee.
That is only 1 of the 2 things needed to get a case approved under EB2. The other requirement is that the job description and the position must require a person of EB2 qualifications. The position being filled by MS plus 2 years, or BS plus 5 years should be the kind of position that cannot be filled by a lesser qualified employee.
So basically, you can be a Ph.D. from Harvard university with 10 years experience. But if your Greencard is filed for a job that requires someone with BS plus 2 years experience and can be filled by an EB3 candidate, then your case cannot be approved as EB2 even though your qualifications can make you fit for EB2.
Now about the priority dates. See EB2 is right now ahead of EB3. However, the continuation of that is totally dependent on many factors.
1. Future laws. What if EB2 percentages decrease?
2. EB1 spillover. How many EB1s are unused and spill over into EB2.
3. Your chargability, (country of birth), is ofcourse important. India and China EB2 may not be moving ahead this year AT ALL unless there is change in quota.
4. The future applicants for EB2. We dont know about the labor files in backlog centers and how many of those are EB2 and how many are EB3. Of that, how much more crowded would be EB2 or EB3.
It is IMPOSSIBLE to predict which one would be better off. Impossible.
Which one is best to do ? Your suggestions please.
This is a wrong conventional belief. It has been far too many times written about and has now become conventional wisdom, that EB2 or EB1 is determined by the qualification of the employee.
That is only 1 of the 2 things needed to get a case approved under EB2. The other requirement is that the job description and the position must require a person of EB2 qualifications. The position being filled by MS plus 2 years, or BS plus 5 years should be the kind of position that cannot be filled by a lesser qualified employee.
So basically, you can be a Ph.D. from Harvard university with 10 years experience. But if your Greencard is filed for a job that requires someone with BS plus 2 years experience and can be filled by an EB3 candidate, then your case cannot be approved as EB2 even though your qualifications can make you fit for EB2.
Now about the priority dates. See EB2 is right now ahead of EB3. However, the continuation of that is totally dependent on many factors.
1. Future laws. What if EB2 percentages decrease?
2. EB1 spillover. How many EB1s are unused and spill over into EB2.
3. Your chargability, (country of birth), is ofcourse important. India and China EB2 may not be moving ahead this year AT ALL unless there is change in quota.
4. The future applicants for EB2. We dont know about the labor files in backlog centers and how many of those are EB2 and how many are EB3. Of that, how much more crowded would be EB2 or EB3.
It is IMPOSSIBLE to predict which one would be better off. Impossible.
belmontboy
08-15 04:05 PM
Answers inline.
P.S: it is illegal for consulting employers to take money from applicants for sponsoring H1B. If you have any evidence, report to DOL.
some retard gave me a red for this post!!!!
P.S: it is illegal for consulting employers to take money from applicants for sponsoring H1B. If you have any evidence, report to DOL.
some retard gave me a red for this post!!!!
bikram_das_in
06-18 02:30 PM
I have gone through the same situation. My lawyer appealed with the original paper advertizement and my perm was cleared about one and half years later. I don't see any issue here as long as your employer has followed all the perm steps. Good Luck.
s416504
09-04 01:44 PM
I called 1-800-375-5283 (press 1-2-2-6-2-2-1 at the prompts) Today.
Same reply due to high volume wait for 90 days
Same reply due to high volume wait for 90 days
