roseball
04-02 12:53 PM
Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
What your attorney is suggesting I believe is the right approach at this time. I would consult a reputed attorney and take his/her advise before taking any action. I would also have your company start a new PERM case in parallel, just incase. Yes, ETA-750 provides a little more flexibility w.r.t EB2 to EB3 downgrades when compared to 9089, but it depends on the educational requirements mentioned on the form. But your approach should be to get I-485 approval based on earlier I-140 and if that doesn't work out, then request for a downgrade. Hope it works out for you, good luck.
Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.
Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
----
What your attorney is suggesting I believe is the right approach at this time. I would consult a reputed attorney and take his/her advise before taking any action. I would also have your company start a new PERM case in parallel, just incase. Yes, ETA-750 provides a little more flexibility w.r.t EB2 to EB3 downgrades when compared to 9089, but it depends on the educational requirements mentioned on the form. But your approach should be to get I-485 approval based on earlier I-140 and if that doesn't work out, then request for a downgrade. Hope it works out for you, good luck.
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glamzon
07-20 05:01 PM
No Clue... on this topic ..sorry
sanju_dba
01-04 12:12 PM
i would prefer to be a documentary instead of a feature film!
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desi3933
05-21 06:40 AM
My past post on this issue
http://immigrationvoice.org/forum/showpost.php?p=322561&postcount=11
Thread on that topic
http://immigrationvoice.org/forum/showthread.php?t=5450
http://immigrationvoice.org/forum/showpost.php?p=322561&postcount=11
Thread on that topic
http://immigrationvoice.org/forum/showthread.php?t=5450
more...
asdqwe2k
05-09 04:36 PM
can this event me scheduled to someother day, preferably a weekend ?
Also, May 15th is mine and my daughter's birthday, so I would have to be at home in the evening ?
Also, May 15th is mine and my daughter's birthday, so I would have to be at home in the evening ?
jasmin45
10-03 02:24 PM
Greetings,
Here’s what I got from my attorney on Monday, October 1st 07. It seems there was a conference call of some sort with USCIS officials past week. Thought this will just keep you informed if you haven’t heard about this yet. Please check with your attorney for confirmation.
Below is the summary FYI only.
1. Expect further retrogressions on the visa bulletins
2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in July
3. Do not expect premium processing to be re-instated for I-140s for a while
4. There is a big problem with the receipt notice updates that are being published by USCIS—they are not accurate and they are further behind than they are publishing. Aytes is trying to fix this discrepancy.
5. If you submitted photos with the EAD applications, then Aytes said you will get your EAD faster than those who did not
6. Expect changes in regulations to permit H and L people to travel without the I-485 receipt notice due to the major backlog in receipting
7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.
8. Backlog Elimination Centers (BEC) should be up to date in one month
9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.
10. 20% of PERM cases are being denied
11. Atlanta’s motions for reconsiderations should be processed faster soon
12. New PERM form on March 28, 2008
13. Carlson stated that the DOL’s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ’s are on the DOL website.
14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.
15. I-9 raids are a hot topic!!!! For example, the city Reno (NV) saw several McDonald restaurants raided on Thursday—this is expected to happen all over the USA and with all types of employers. PLEASE make sure you have the I-9s in a separate place and handy in case of a raid. If I-9s are with other paperwork, then the raiding officer will review it all!
16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.
17. The US consulates and CBP are Googling you!
Here’s what I got from my attorney on Monday, October 1st 07. It seems there was a conference call of some sort with USCIS officials past week. Thought this will just keep you informed if you haven’t heard about this yet. Please check with your attorney for confirmation.
Below is the summary FYI only.
1. Expect further retrogressions on the visa bulletins
2. USCIS received approximately 800,000 total applications in July and August in addition, they received 100,000 family based I-485 cases in July
3. Do not expect premium processing to be re-instated for I-140s for a while
4. There is a big problem with the receipt notice updates that are being published by USCIS—they are not accurate and they are further behind than they are publishing. Aytes is trying to fix this discrepancy.
5. If you submitted photos with the EAD applications, then Aytes said you will get your EAD faster than those who did not
6. Expect changes in regulations to permit H and L people to travel without the I-485 receipt notice due to the major backlog in receipting
7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year.
8. Backlog Elimination Centers (BEC) should be up to date in one month
9. Since the BEC will be updated, Carlson said to expect an increase in audits for the PERM cases at the end of this year and next year----make sure ALL of the recruitment requirements are being met; no fraud involved; employees not being required to pay or pay back labor expenses; employees not involved in the recruitment, etc.
10. 20% of PERM cases are being denied
11. Atlanta’s motions for reconsiderations should be processed faster soon
12. New PERM form on March 28, 2008
13. Carlson stated that the DOL’s position on attorney fees are the foreign national can have an attorney represent him/her for letters of support, previous job descriptions etc. to prepare for the upcoming I-140 stage and ensure that he fits the already prepared job offer requirements, but ALL fees and costs associated with the PERM filing (job offer requirements, advertising, recruitment, preparing the form, filing the form, motions, etc) MUST be paid by the company. FAQ’s are on the DOL website.
14. Work site enforcement----expect CIS officers to request to see I-9s---Make sure the I-9s are being properly completed by the employers.
15. I-9 raids are a hot topic!!!! For example, the city Reno (NV) saw several McDonald restaurants raided on Thursday—this is expected to happen all over the USA and with all types of employers. PLEASE make sure you have the I-9s in a separate place and handy in case of a raid. If I-9s are with other paperwork, then the raiding officer will review it all!
16. WATCH OUT FOR DUIs---in both nonimmigrant and immigrant cases!!! Delays are occurring in these cases.
17. The US consulates and CBP are Googling you!
more...
NNReddy
11-19 11:53 PM
Travel thru UK on advance parole. Did anyone travel thru UK on advance parole. Do you know if you can travel thru UK on advance parole(with UK TRANSIT OR VISIT VISA). Do you need to have USA VISA STAMP.
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sundar99
05-03 10:01 AM
Suggest folks write back personal stories and ask the editor to highlight the need to raise Legal Immigration issues.. the writer has clearly expressed how the legal immigrants needs to be given consideration : Contact Jessie Mangaliman at jmangaliman@mercurynews. com or (408) 920-5794.
They are organising a counter protest against Illegal Immigrants rally :
Amnesty foes respond
http://www.mercurynews.com/mld/mercurynews/news/special_packages/immigration_debate/14488543.htm
They are organising a counter protest against Illegal Immigrants rally :
Amnesty foes respond
http://www.mercurynews.com/mld/mercurynews/news/special_packages/immigration_debate/14488543.htm
more...
smidreb
08-04 01:10 PM
We need much more info to help out.
1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
..............?[/QUOTE]
--She is on H4
2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
..............?[/QUOTE]
--He had filed his 485 before she got married to him.
1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
..............?[/QUOTE]
--She is on H4
2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
..............?[/QUOTE]
--He had filed his 485 before she got married to him.
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desi3933
03-03 11:54 AM
Thank you Desi!
Man, that is one heck of confusing language, I am still trying to understand it.
Main line is this -
In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
Translation -
If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.
An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
__________________
Not a legal advice.
Man, that is one heck of confusing language, I am still trying to understand it.
Main line is this -
In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.
Translation -
If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.
An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
__________________
Not a legal advice.
more...
nkavjs
11-15 09:47 AM
Tri State Folks,
You just saw priority dates in Dec visa bulletin. What do you plan to do now?
I have some answers for you but would like to hear from you first..
Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
Thanks
You just saw priority dates in Dec visa bulletin. What do you plan to do now?
I have some answers for you but would like to hear from you first..
Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
Thanks
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gps001
12-24 07:26 AM
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
more...
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chanduv23
09-14 04:55 PM
Follow Your Heart
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aj_jadeja
04-06 01:32 AM
http://www.washingtonpost.com/wp-dyn/content/article/2006/04/05/AR2006040502038.html
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ayazali17
12-18 01:56 PM
Thanks for answering all my questions.
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ita
05-16 10:17 AM
Called all of them
Some of them said they would pass on the message (but I noticed they didn't make a note of the bills ..I was wondering if they know these bills on the top of their head). some of them said they have received lot of calls from IV.
The person I spoke with(David) when I asked for Ruben Hinojosa said that Ruben Hinojosa is pro-immigration . He said he(David) spoke with the Congressman about these issues and said Rep. is aware of skilled immigration problems.He said that though Zoe Lofgren sub committe is sponsoring the bills Ruben is working with his colleagues in favour of the bills.
Said Democrtas are trying to get a Democrat into '' (I don't remember where now, may be White House) so a broader immigration law can be passed.
He said after August recess some of the immigration bills would be passed.
Thank you.
Some of them said they would pass on the message (but I noticed they didn't make a note of the bills ..I was wondering if they know these bills on the top of their head). some of them said they have received lot of calls from IV.
The person I spoke with(David) when I asked for Ruben Hinojosa said that Ruben Hinojosa is pro-immigration . He said he(David) spoke with the Congressman about these issues and said Rep. is aware of skilled immigration problems.He said that though Zoe Lofgren sub committe is sponsoring the bills Ruben is working with his colleagues in favour of the bills.
Said Democrtas are trying to get a Democrat into '' (I don't remember where now, may be White House) so a broader immigration law can be passed.
He said after August recess some of the immigration bills would be passed.
Thank you.
more...
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Leo07
11-27 12:41 PM
Post July 15th 2007...Labor substitution is banned...Thanks to many cheap consulting companies for selling the Labor Certs in Black market.
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garfield
10-07 07:47 PM
Thanks for your response... appreciate it!
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SDdesi
06-15 07:57 PM
WE are in the same situation. Even our company lawyers said the same thing i.e no risk. However, a lot of messages I have seen recommend switching to H4; but then she will have to stop working for some time.
Kevin M
April 3rd, 2005, 04:58 PM
An alternative treatment would be to dual process (I am assuming it is a raw file). The one above looks about right for the sky area. Another conversion with + exposure compensation for the shadows and blend the two in your editing software.
Nice image of Half Dome.
Kevin
http://homepage.eircom.net/~bot/paint/photo.htm
Nice image of Half Dome.
Kevin
http://homepage.eircom.net/~bot/paint/photo.htm
arun_psu
12-08 10:53 PM
I have the following visa stampings F1(1998 Chennai), H1B(2002 Chennai), F1(2006 Matamaros) and am currently on H1B (not the 2002 company). Am I eligible for stamping in one of the border posts?
thanks
arun
thanks
arun
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