perm2gc
06-20 12:09 AM
I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
thanks for your opinions
Reply With Quote
he can file but if you are thinking the dates will current until your perm LC is approved may be wrong.
thanks for your opinions
Reply With Quote
he can file but if you are thinking the dates will current until your perm LC is approved may be wrong.
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mdcowboy
12-09 11:38 AM
To complicate things further, cloture on 9-11 responders failed by 57-42. Republicans are not willing to let anything go till Tax cuts bill is undertaken.
The breaking news is the House Democrats have decided not to undertake Tax cut bill in the House, meaning the new tax cut deal announced by the President will not hold good anymore.
Its anybody's guess what will happen next. Key leaders from both sides will go behind closed doors to figure out how to make it happen.
Please standby for further updates.
DREAM Act appears dead after Dems pull it from consideration - CNN.com (http://www.cnn.com/2010/POLITICS/12/09/dream.act/index.html?hpt=T2)
The breaking news is the House Democrats have decided not to undertake Tax cut bill in the House, meaning the new tax cut deal announced by the President will not hold good anymore.
Its anybody's guess what will happen next. Key leaders from both sides will go behind closed doors to figure out how to make it happen.
Please standby for further updates.
DREAM Act appears dead after Dems pull it from consideration - CNN.com (http://www.cnn.com/2010/POLITICS/12/09/dream.act/index.html?hpt=T2)
kumhyd2
05-19 04:51 PM
Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.
Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.
I do have intentions of joining the employer once the GC is approved. The financial terms are regarding extra money for the GC process.
Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.
I do have intentions of joining the employer once the GC is approved. The financial terms are regarding extra money for the GC process.
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angelfire76
12-06 01:19 PM
The only language indigenous to India on the list of translators seems to be Punjabi. As far as I know the place where they might place you would be in NWFP in Pakistan. Do you really want a green card at that cost? :rolleyes:
more...
american_dreams
08-27 10:35 PM
My(dependant) EAD is still pending while primary's EAD was approved on 8/19 by TSC.
Anybody out there with Self and Spouse EAD Card approved from NSC, but Self actual physical EAD card arrived but Spouse physical EAD card did not arrive at the usual time say 5 days after approval.
Usually I have seen both arrive at the same time. Please comment. Thanks.
I ahve also heard about cards being stolen from the Kentucky facility. So, anybody out there who had to file for a replacement card for self or spouse.
Anybody out there with Self and Spouse EAD Card approved from NSC, but Self actual physical EAD card arrived but Spouse physical EAD card did not arrive at the usual time say 5 days after approval.
Usually I have seen both arrive at the same time. Please comment. Thanks.
I ahve also heard about cards being stolen from the Kentucky facility. So, anybody out there who had to file for a replacement card for self or spouse.
whattodo21
10-25 09:22 AM
how do you get a copy of the approved i-140 if the employer is not willing to give it?
more...
EkAurAaya
10-19 10:03 AM
I don't have an A#? Where can i find that.
Should be on your EAD (alien #)
Should be on your EAD (alien #)
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punjabi
01-28 09:47 AM
CONGRATULATIONS!!!
Please donate some money to IV at the earliest so IV can continue to fight for others!!
Enjoy your new life!
We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
Please donate some money to IV at the earliest so IV can continue to fight for others!!
Enjoy your new life!
We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
more...
logiclife
06-23 06:46 PM
I have forwarded all emails I got to Swati, who is in LA and will contact you about the documentary.
Thanks.
Thanks.
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shahrooz
02-10 10:50 PM
I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?
more...
permfiling
07-28 04:08 PM
I am in the same boat as you, PM ed you, please reply
Hi,
First some background.
EB2I PD is July 2006
I140 filed Sept. 2006 and approved Oct 2006 with Company A.
Left Company A and joined Company B in March 2007 (172 days after I140 approved).
Filed I485 in July 2007 (Medical RFE received and answered in 2009 - implies possible pre-adjudication??)
While with Company B started new EB2I process for a similar job profile (lawyer thinks it is close enough for portability) with PD Oct. 2008. I140 approved June 2009.
With current rapid movement in EB2 cut-off dates, if I become current in Sept 2010 what is best course of action to ensure I receive and keep the GC that is based on application sponsored by Company A?
1. If I get GC, just keep working for Company B (lawyer thinks this is just fine to do).
2. If I do get current in Sept 2010, try to capture PD of first application and use for application sponsored by Company B?
3. Get the GC and move back to company A?
4. Any other options??
Thanks for your time.
Hi,
First some background.
EB2I PD is July 2006
I140 filed Sept. 2006 and approved Oct 2006 with Company A.
Left Company A and joined Company B in March 2007 (172 days after I140 approved).
Filed I485 in July 2007 (Medical RFE received and answered in 2009 - implies possible pre-adjudication??)
While with Company B started new EB2I process for a similar job profile (lawyer thinks it is close enough for portability) with PD Oct. 2008. I140 approved June 2009.
With current rapid movement in EB2 cut-off dates, if I become current in Sept 2010 what is best course of action to ensure I receive and keep the GC that is based on application sponsored by Company A?
1. If I get GC, just keep working for Company B (lawyer thinks this is just fine to do).
2. If I do get current in Sept 2010, try to capture PD of first application and use for application sponsored by Company B?
3. Get the GC and move back to company A?
4. Any other options??
Thanks for your time.
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ganguteli
03-24 11:06 AM
As I understand, Employer needs to pay for H1B fees. If the employee is asked to pay, it is illegal and you can report to DOL and employer will be in big trouble.
more...
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MLS
06-19 12:37 PM
I dont know exactly what is the issue here, but I have filed for EAD extentions 3 times in last three years and it was a very straight forward and easy process. We filed the extentions about 2 months before the expiration and got EADs and APs done in about a month.
I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
Here is what I have so far. Some ideas based on my experience and some on searching the web.
1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.
2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.
3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
You can also call the regional service center if you wish.
4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.
5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.
6) Consider talking with your employer to take a few days off while sorting this out.
If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.
I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
Here is what I have so far. Some ideas based on my experience and some on searching the web.
1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.
2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.
3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
You can also call the regional service center if you wish.
4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.
5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.
6) Consider talking with your employer to take a few days off while sorting this out.
If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.
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sands_14
07-26 10:53 AM
My attorney says it is mandatory,so i m waiting too.
anybody has any better information?
anybody has any better information?
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bidhanc
07-30 07:03 AM
Brasil,
You should contact your local Congressman and Senator ASAP.
Seeing that you are a legal immigrant paying taxes and being put thru obstacles, they should surely be willing to help you out.
Getting the driver's license is not the problem, I know it will come. Problem here is why I cannot drive outside SC for up to 60 days waiting for the DL card? Remember I've to surrender my old SC license. This is serious limitation to my work, e.g. I need to go to Atlanta on 08/19 and I cannot drive there.
In September I will go to Italy, what if I don�t get my DL till then?
And you say �Not sure why you thought of it as being punished�
This is ridiculous
You should contact your local Congressman and Senator ASAP.
Seeing that you are a legal immigrant paying taxes and being put thru obstacles, they should surely be willing to help you out.
Getting the driver's license is not the problem, I know it will come. Problem here is why I cannot drive outside SC for up to 60 days waiting for the DL card? Remember I've to surrender my old SC license. This is serious limitation to my work, e.g. I need to go to Atlanta on 08/19 and I cannot drive there.
In September I will go to Italy, what if I don�t get my DL till then?
And you say �Not sure why you thought of it as being punished�
This is ridiculous
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desigirl
12-02 09:38 AM
What are chances of Dream Act?
What are the chances of including our provisions in the bill?
What happens if the bill passes without our provisions?
What happens if the bill fails?
WHAT ARE OUR CHANCES IN 2011?
What are the chances of including our provisions in the bill?
What happens if the bill passes without our provisions?
What happens if the bill fails?
WHAT ARE OUR CHANCES IN 2011?
more...
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sbmallik
10-19 10:13 AM
Answers below:
1. Once the I-140 was approved on your behalf, you get to keep the priority date unless the petition is judged as fraud or misrepresentation (per this forum). This is true even if the employer revokes the approved I-140. Keep a copy of I-140 and you should be fine.
2. The job titile need not match exactly, only the category needs to be same (per your labor certification document) - please check out this link (http://www.flcdatacenter.com/OesWizardStart.aspx). Select your job category and locate the job code and make sure the new job has the 'similar' code.
3. Also, starting a new GC process is not linked with the existing I-140 in other words there is no temporal constraint.
4. Not heard about that.
1. Once the I-140 was approved on your behalf, you get to keep the priority date unless the petition is judged as fraud or misrepresentation (per this forum). This is true even if the employer revokes the approved I-140. Keep a copy of I-140 and you should be fine.
2. The job titile need not match exactly, only the category needs to be same (per your labor certification document) - please check out this link (http://www.flcdatacenter.com/OesWizardStart.aspx). Select your job category and locate the job code and make sure the new job has the 'similar' code.
3. Also, starting a new GC process is not linked with the existing I-140 in other words there is no temporal constraint.
4. Not heard about that.
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JunRN
12-18 07:39 AM
Here's what I think: Your lawyer changed address, is that right?
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ups
05-07 02:59 PM
I and my husband both of us lost our passports too. We got it stamped again when we went to India. In between I transferred my h1s also with the copy of lost passport and duplicate passport issued by indian embassy ny office. It wasn't too difficult to get it stamped again from mumbai consulate india.
You might get it stamped from Canada or Mexico. We just didn't want to take risk because we had copy of lost and inside usa we could do all our work(including transferring h1s) with the copy.
Don't worry. It is not that big as it looks. Though indian embassy took 12 months to issue duplicate passport
You might get it stamped from Canada or Mexico. We just didn't want to take risk because we had copy of lost and inside usa we could do all our work(including transferring h1s) with the copy.
Don't worry. It is not that big as it looks. Though indian embassy took 12 months to issue duplicate passport
horscorp
02-06 07:37 AM
Hello,
My wife has been offered a position by her client, a company which received TARP funding and repaid it. These are her immigration details:
H1b start date: 01-Oct-2004
Perm applied: Jan-2008
Audited Twice: First time because of FRAGOMEN and second time asking for some documents
Perm Status: Pending
Original H1b expiration: 30-Sep-2010
H1B extended because Perm has been pending for more than a year
Current H1b expiration: 30-Sep-2011
I do understand it is better to transfer with an approved I-140 because it allows for porting priority date and 3 year extension of H1 with new company but I am not sure new company can wait that long.
In the current situation, is it possible to transfer H1b and get the validity until 30-Sep-2011? Appreciate your responses.
thanks
My wife has been offered a position by her client, a company which received TARP funding and repaid it. These are her immigration details:
H1b start date: 01-Oct-2004
Perm applied: Jan-2008
Audited Twice: First time because of FRAGOMEN and second time asking for some documents
Perm Status: Pending
Original H1b expiration: 30-Sep-2010
H1B extended because Perm has been pending for more than a year
Current H1b expiration: 30-Sep-2011
I do understand it is better to transfer with an approved I-140 because it allows for porting priority date and 3 year extension of H1 with new company but I am not sure new company can wait that long.
In the current situation, is it possible to transfer H1b and get the validity until 30-Sep-2011? Appreciate your responses.
thanks
student79
03-27 09:54 AM
Hello,
Please advise me on the following !!
I am on H1B My wife is on H4 Visa and she is planning to do her further study for 2 yrs, and I have following questions in this regard.
1. How difficult it is to transfer from H4 to F1 visa, do I need help of Lawer or we can do it by our own ?
2. To transfer from H4 to F1 do I need to show 100% fee available in my account ?
3. Her course/study is of 2 years, is it sufficient if I show 1 yr fee in my account at the time of F1 transfer ?
4. If I dont have 100% fee, my parents can help me, but what document I need to get from them from India ?
Thanks
Please advise me on the following !!
I am on H1B My wife is on H4 Visa and she is planning to do her further study for 2 yrs, and I have following questions in this regard.
1. How difficult it is to transfer from H4 to F1 visa, do I need help of Lawer or we can do it by our own ?
2. To transfer from H4 to F1 do I need to show 100% fee available in my account ?
3. Her course/study is of 2 years, is it sufficient if I show 1 yr fee in my account at the time of F1 transfer ?
4. If I dont have 100% fee, my parents can help me, but what document I need to get from them from India ?
Thanks
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