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ita
01-30 10:03 PM
How does one know what is the amount mentioned on H1 LCA? Do we have to ask the employer about it?
Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?
Will appreciate your response.
Thank you.
Example[/U]
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
Now how do you show that you were in status since last entry to 485 filing date? Do we have to produce monthly pay stubs or will the W2 be sufficient?
Will appreciate your response.
Thank you.
Example[/U]
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
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deepakjain
06-08 06:12 PM
The rate at which USCIS is denying H1B, L1 Extensions it seems people who in In process for.
PERM
140
485 might have to wait for sometime in the following manner.
EB 2- PD 2001 - Wait till 2012
EB 2- PD 2002 - Wait till 2015
EB 2- PD 2003 - Wait till 2017
EB 2- PD 2004 - Wait till 2020
EB 2- PD 2005 - Wait till 2023
EB 2- PD 2006 - Wait till 2026
EB 2- PD 2007 - Wait till 2028
EB 2- PD 2008 - Wait till 2031
EB 3- PD 2001 - Wait till 2015
EB 3- PD 2002 - Wait till 2019
EB 3- PD 2003 - Wait till 2024
EB 3- PD 2004 - Wait till 2028
EB 3- PD 2005 - Wait till 2032
EB 3- PD 2006 - Wait till 2036
EB 3- PD 2007 - Wait till 2040
EB 3- PD 2008 - Wait till 2044....not sure how many will be alive to receive their GC...anway it is worth a wait....
I have a 12 yr old ...and mine is EB3 - 2007 ...I think my son who will be 43 by 2040 will get me perm residency.....
PERM
140
485 might have to wait for sometime in the following manner.
EB 2- PD 2001 - Wait till 2012
EB 2- PD 2002 - Wait till 2015
EB 2- PD 2003 - Wait till 2017
EB 2- PD 2004 - Wait till 2020
EB 2- PD 2005 - Wait till 2023
EB 2- PD 2006 - Wait till 2026
EB 2- PD 2007 - Wait till 2028
EB 2- PD 2008 - Wait till 2031
EB 3- PD 2001 - Wait till 2015
EB 3- PD 2002 - Wait till 2019
EB 3- PD 2003 - Wait till 2024
EB 3- PD 2004 - Wait till 2028
EB 3- PD 2005 - Wait till 2032
EB 3- PD 2006 - Wait till 2036
EB 3- PD 2007 - Wait till 2040
EB 3- PD 2008 - Wait till 2044....not sure how many will be alive to receive their GC...anway it is worth a wait....
I have a 12 yr old ...and mine is EB3 - 2007 ...I think my son who will be 43 by 2040 will get me perm residency.....
eb3_nepa
07-05 01:43 PM
How is it different from my idea?
Who said it was different. I liked ur idea and went ahead and enhanced it a little bit more.
Who said it was different. I liked ur idea and went ahead and enhanced it a little bit more.
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tsnaresh
03-18 10:17 AM
Is there a group created for Ohio state? I have sent an email to "IV-Ohio@googlegroups.com" but email was not delivered (invalid group). Also, any one interested in car pooling from Cleveland, Ohio?
Thank you
Thank you
more...
gbarquero
09-11 04:38 PM
Once for all, let's get this thing over NOW!!!
LET'S GO TO DC NOW, OR WAIT FOREVER TO BE FREE!!!!!
LET'S GO TO DC NOW, OR WAIT FOREVER TO BE FREE!!!!!
amitjoey
02-15 02:45 PM
Using your analogy, the more Indians, Chinese, Mexicans, Filipinos stand in the checkout, the lesser the chance for ROW people to get through the checkout. So, how can you say the waiting time will be EQUAL for everyone?
I do not mean equAL waiting time, I mean FIFO. If there are indians/chinese ahead of the line, they are ahead because they got their earlier. So a 2001 Applicant Indian/Chinese is processed before a 2003 ROW. Only Fair.
Numerous different checkout lines(Quotas) are making it unfair so that a 2001 applicant is left to be adjudicated only because s/he is a chinese/phillipino/indian, whereas somebody with 2003 or later PD is adjudicated before.
Thats all I mean.
BTW, I understand that country quotas were designed to probably check growth of any one ethnic group. But I fail to understand how talent and employment based EB;s can be subjected to this, since Talent can come from anywhere.
I do not mean equAL waiting time, I mean FIFO. If there are indians/chinese ahead of the line, they are ahead because they got their earlier. So a 2001 Applicant Indian/Chinese is processed before a 2003 ROW. Only Fair.
Numerous different checkout lines(Quotas) are making it unfair so that a 2001 applicant is left to be adjudicated only because s/he is a chinese/phillipino/indian, whereas somebody with 2003 or later PD is adjudicated before.
Thats all I mean.
BTW, I understand that country quotas were designed to probably check growth of any one ethnic group. But I fail to understand how talent and employment based EB;s can be subjected to this, since Talent can come from anywhere.
more...
vbkris77
04-06 09:39 PM
Look below the URL. If they are doing it. It is legal. But If some one is denied entry, they can also challenge the decision. Consultants especially will need to use proper/legal answers.
http://www.golishlaw.com/statutes/ina212.htm
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
http://www.golishlaw.com/statutes/ina212.htm
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
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smuggymba
09-10 06:05 PM
smuggymba
what happened to your earlier PD. I think it was in mid 2004 or so, correct?
no sir, this is my first PERM ever. I used to work for a big 4 consulting firm and they only apply in Eb3 so moved to another American client company. Just filed 140 this week.
what happened to your earlier PD. I think it was in mid 2004 or so, correct?
no sir, this is my first PERM ever. I used to work for a big 4 consulting firm and they only apply in Eb3 so moved to another American client company. Just filed 140 this week.
more...
WeldonSprings
08-27 11:16 AM
Anybody has numbers for No. of EB Visas processed for June ad July 08. Till May 08 total 113475 has been processed. So, total remaining would be 50000.
Aug. 08 somewehere 6000 were processed.
I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
Oct-07 237915 842231 50548 42500 8048
Nov-07 51773 845691 48313 42500 5813
Dec-07 35020 833141 47570 42500 5070
Jan-08 35771 813238 55674 42500 13174
Feb-08 38210 787516 63932 42500 21432
Mar-08 43548 762938 68126 42500 25626
Apr-08 50951 742597 71292 42500 28792
May-08 45357 739934 48020 42500 5520
* Data from USCIS months processing report
** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
** FB is flat (730k-220k CP / 12 months)
We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.
Aug. 08 somewehere 6000 were processed.
I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
Oct-07 237915 842231 50548 42500 8048
Nov-07 51773 845691 48313 42500 5813
Dec-07 35020 833141 47570 42500 5070
Jan-08 35771 813238 55674 42500 13174
Feb-08 38210 787516 63932 42500 21432
Mar-08 43548 762938 68126 42500 25626
Apr-08 50951 742597 71292 42500 28792
May-08 45357 739934 48020 42500 5520
* Data from USCIS months processing report
** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
** FB is flat (730k-220k CP / 12 months)
We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.
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desi3933
02-02 02:32 PM
Thanks for your inputs Desi.
.....
one must be employed at all times on EAD
......
Not Correct. One must have a LC job offer and it must be available at all times since PD to the date of I-485 approval.
____________________
Not a legal advice.
US Citizen of Indian Origin
.....
one must be employed at all times on EAD
......
Not Correct. One must have a LC job offer and it must be available at all times since PD to the date of I-485 approval.
____________________
Not a legal advice.
US Citizen of Indian Origin
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praveenat11
09-26 01:28 PM
Thanks immigal for ur help
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skamma
05-17 01:22 PM
Admin,
Can you pl. comment on this issue, since it is a potential and growing problem, we need to do something about it.
Thanks
skamma
Can you pl. comment on this issue, since it is a potential and growing problem, we need to do something about it.
Thanks
skamma
more...
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skark
03-21 05:31 PM
Well, if the poll results is in anyway reflecting real numbers out there with pre 2003 EB3-India applicants being in substantial numbers, then its gonna be a loooong wait for PD to even reach mid to late 2003! Hope its not like that and the "PD seniors" were more active in the poll than the "newcomers"!
Either way we'll know very soon! *^$%&*$^&%# Just venting my frustration...
Either way we'll know very soon! *^$%&*$^&%# Just venting my frustration...
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amitps
09-26 12:22 PM
Ask her to write separately about us and mention IV! It appears the mistake was not intensional.
Stay in touch with her. We will need her later!
Yes, we are talking to her about this.
Stay in touch with her. We will need her later!
Yes, we are talking to her about this.
more...
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deepakjain
05-26 05:58 PM
Driver License issued till 2007 were not based on immigration [i797 or I94], I was issued driver license for 7 years...
Now a days DMV is asked for I-94 and I 797 or EAD card validity at the time of License renewal....
Tax return documents are also not a reflection of your immigration status or validity.
Many of us get confused on Visa Stamp on passport and Immigration status.
Visa Stamp is to let anyone cross the border and I-797 is a document which tells your immigration status. I might have a expired Visa on my passport but have a valid I-797.
If anyone asks you about Immigration Status it is advisible to show I-797 rather then anything else.
Now a days DMV is asked for I-94 and I 797 or EAD card validity at the time of License renewal....
Tax return documents are also not a reflection of your immigration status or validity.
Many of us get confused on Visa Stamp on passport and Immigration status.
Visa Stamp is to let anyone cross the border and I-797 is a document which tells your immigration status. I might have a expired Visa on my passport but have a valid I-797.
If anyone asks you about Immigration Status it is advisible to show I-797 rather then anything else.
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uma001
07-28 08:32 PM
Guys,
Hope this thread will be useful for somebody who is looking for american company for green card processing. They wont get into the trap. So I am giving out the information from the known source(friends).
Company1: Deloitte
Company2: Chase
These two companies promised doing green card cards,they filed h1s, but did not file green card.Whatever reason (bad economy) may be, they did not sponsor green cards for those they promised to do. So be careful. It is not gaurantee.
Also, you can list the companies you know whoever promised, but did not file.
Hope this thread will be useful for somebody who is looking for american company for green card processing. They wont get into the trap. So I am giving out the information from the known source(friends).
Company1: Deloitte
Company2: Chase
These two companies promised doing green card cards,they filed h1s, but did not file green card.Whatever reason (bad economy) may be, they did not sponsor green cards for those they promised to do. So be careful. It is not gaurantee.
Also, you can list the companies you know whoever promised, but did not file.
more...
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reddysn
06-10 09:52 PM
as far as I know what you have mentioned here is correct
As far as I know L1 has no affect on the H1 filing. She can come US on L1 and if her H1 gets approved, she can continue to work on L1 with company A. To tranfer to H1, she has to go out of US and then re-enter after getting H1 visa stamped. This is based on my understanding and few of my friends who have done that. They were in US on L1 but filed their H1 through another company.
As far as I know L1 has no affect on the H1 filing. She can come US on L1 and if her H1 gets approved, she can continue to work on L1 with company A. To tranfer to H1, she has to go out of US and then re-enter after getting H1 visa stamped. This is based on my understanding and few of my friends who have done that. They were in US on L1 but filed their H1 through another company.
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javadeveloper
01-30 11:54 AM
Hello all,
A few days ago I started a thread where laid off folks can post their qualifications and people who know of job openings can let them know.
Unfortunately, yesterday I received an email saying that an RFE was raised about my 485. My PD is Sept 2005 in EB3. WTH is my case being processed now? I saw in some other threads also that people with further off PDs are getting RFEs. Can someone shed some light on what the RFE may be about?
I used AC21 earlier last year after completing 180 days of filing 485 and got a new H1 approved. My 140 is approved and my previous employer has not revoked it. They only revoked the H1 and that too about 7 months ago. My new (now ex) employer hasnt revoked my H1 yet.
How long does it take for the RFE to come? I suppose it will goto my old company's lawyer though they are nice folks and will let me know.
RFE Usually you'll get with in a week
RFE may not be due to Job change(s)/AC21 , may be because of some other issues like Birth certificate,Medicals etc
Did you sent AC21 related documentation to CIS?
A few days ago I started a thread where laid off folks can post their qualifications and people who know of job openings can let them know.
Unfortunately, yesterday I received an email saying that an RFE was raised about my 485. My PD is Sept 2005 in EB3. WTH is my case being processed now? I saw in some other threads also that people with further off PDs are getting RFEs. Can someone shed some light on what the RFE may be about?
I used AC21 earlier last year after completing 180 days of filing 485 and got a new H1 approved. My 140 is approved and my previous employer has not revoked it. They only revoked the H1 and that too about 7 months ago. My new (now ex) employer hasnt revoked my H1 yet.
How long does it take for the RFE to come? I suppose it will goto my old company's lawyer though they are nice folks and will let me know.
RFE Usually you'll get with in a week
RFE may not be due to Job change(s)/AC21 , may be because of some other issues like Birth certificate,Medicals etc
Did you sent AC21 related documentation to CIS?
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singhsa3
03-03 01:48 PM
Consider this:
Even though IV has 25000 "registered" members. There are only 400-500 visitors. The same people visit the site often. The number of visitors dramatically increase, if there are newsworthy events that affects most of the people.
So the sample size is NOT 25K but around 500, based on the daily visits.
This of course is not a whole lot but Idea is not to be statistically correct but to feed newsworthy information to the Media, and here are the facts.
a) 1 MM people in the line for EB green card
b) All of them highly skilled with at least bachelors
c) Average income 75K +
d) Average family size: Slightly more than 2 .
e) Life Dream : The American Dream
f) Bottleneck to the life dream : The long ,excruciating backlogs.
whats the point? 33 out of 23000 members have voted. Any result here is well beyond all statistical margins of error. Unless atleast 5000 people vote, this poll has no point. The mathematicians among us can derive the exact number, but participation has to be much greater than 33 if this has to be representative of the IV membership.
Even though IV has 25000 "registered" members. There are only 400-500 visitors. The same people visit the site often. The number of visitors dramatically increase, if there are newsworthy events that affects most of the people.
So the sample size is NOT 25K but around 500, based on the daily visits.
This of course is not a whole lot but Idea is not to be statistically correct but to feed newsworthy information to the Media, and here are the facts.
a) 1 MM people in the line for EB green card
b) All of them highly skilled with at least bachelors
c) Average income 75K +
d) Average family size: Slightly more than 2 .
e) Life Dream : The American Dream
f) Bottleneck to the life dream : The long ,excruciating backlogs.
whats the point? 33 out of 23000 members have voted. Any result here is well beyond all statistical margins of error. Unless atleast 5000 people vote, this poll has no point. The mathematicians among us can derive the exact number, but participation has to be much greater than 33 if this has to be representative of the IV membership.
hoolahoous
03-16 01:16 AM
so if you have a 4-year degree you consider yourself "highly-skilled"??
hahahahahaha.............ahahahahahaha............ ..wait for me while i roll on the floor laughing.
console yourself by crying yourself hoarse that you are "highly-skilled"......... a programmer/analyst/blah blah is no better than a call center employee in india.........just that you guys happen to be present here.....
go get some real skills, do a REAL job, then we will talk.
and oh by the way, there is only ONE school that i know of in India, that gives out a Bachelor's degree worth anything. I am sure you know what it is. I am also sure you did not manage to get through to study in that school.
Good luck being highly-skilled. I would be amused if you are stuck in EB3 still, though......
i am really not sure how to reply to your post.. somehow you think you are a superior being and you are the only one 'eligible' for Green Card..
just fyi I am EB2 , and probably make much more than you can even imagine, if it somehow amuses to you (though I fail to see why)
you seem to be intentionally trying to cause stir.. i don't want to get into mud throwing contest by stooping to your level. your comments and depth (or lack thereof) of thoughts show the kind of person you are. I will let words speak.
hahahahahaha.............ahahahahahaha............ ..wait for me while i roll on the floor laughing.
console yourself by crying yourself hoarse that you are "highly-skilled"......... a programmer/analyst/blah blah is no better than a call center employee in india.........just that you guys happen to be present here.....
go get some real skills, do a REAL job, then we will talk.
and oh by the way, there is only ONE school that i know of in India, that gives out a Bachelor's degree worth anything. I am sure you know what it is. I am also sure you did not manage to get through to study in that school.
Good luck being highly-skilled. I would be amused if you are stuck in EB3 still, though......
i am really not sure how to reply to your post.. somehow you think you are a superior being and you are the only one 'eligible' for Green Card..
just fyi I am EB2 , and probably make much more than you can even imagine, if it somehow amuses to you (though I fail to see why)
you seem to be intentionally trying to cause stir.. i don't want to get into mud throwing contest by stooping to your level. your comments and depth (or lack thereof) of thoughts show the kind of person you are. I will let words speak.
hiralal
09-10 04:42 AM
for eb3 - I think things will be better than what most are expecting. I know that is not enough but atleast it is not hopeless. I guess what most can do is hope for best and be ready for worst. this is why I feel it will be better
-------------
my feeling is this - dates will move faster than what most are predicting - the reason is simple --more and more spillover. the fee increases has been a blessing in disguise and that coupled with recession, means that less visas are being used in family section.
simple math is this - earlier lot of gujrati's would get their dates current when they were in their 50's / 60's though family. earlier it would cost them around 4-5 lakhs for a family of four to immigrate. now their cost would be around 10 - 12 lakhs ..on top of it, if they come here, the jobs are scarce. hence many are staying back (which makes sense). similar thing is happening for other countries ..and hence there will be more and more spillovers from family which means dates will move faster.
-------------
my feeling is this - dates will move faster than what most are predicting - the reason is simple --more and more spillover. the fee increases has been a blessing in disguise and that coupled with recession, means that less visas are being used in family section.
simple math is this - earlier lot of gujrati's would get their dates current when they were in their 50's / 60's though family. earlier it would cost them around 4-5 lakhs for a family of four to immigrate. now their cost would be around 10 - 12 lakhs ..on top of it, if they come here, the jobs are scarce. hence many are staying back (which makes sense). similar thing is happening for other countries ..and hence there will be more and more spillovers from family which means dates will move faster.
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