number30
03-28 12:29 AM
I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.
Can this create an issue while IO is working on my 485 application?
They usually check tax returns last three years. Some time go up to five year. 2001 just forget it.
Can this create an issue while IO is working on my 485 application?
They usually check tax returns last three years. Some time go up to five year. 2001 just forget it.
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smccrea
03-14 05:31 PM
What if a person creates a company (a c-corp) say to run a restaurant and works in it. I know a foreign national can own a corporation in the U.S.; but are there any estrictions on working in your own business?
jsb
03-26 09:41 AM
security clears of what? Anthrax?
For heaven's sake, those are just text, right? I dont think we can do an attachment..
There are more than 100,000 emails and more than 40,000 paper letters coming to Obama every day. I doubt, if all get acknowledged after somone reads them. Some sort of filtering process has to handle that task. With security I meant, checking on originating IP addresses against their watch-lists, certain words in the text, etc. As per reports, Obams is given some 10 letters (may be some emails) everyday to read.
For heaven's sake, those are just text, right? I dont think we can do an attachment..
There are more than 100,000 emails and more than 40,000 paper letters coming to Obama every day. I doubt, if all get acknowledged after somone reads them. Some sort of filtering process has to handle that task. With security I meant, checking on originating IP addresses against their watch-lists, certain words in the text, etc. As per reports, Obams is given some 10 letters (may be some emails) everyday to read.
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greensignal
12-31 11:04 AM
thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009
You can use your h1b to work after returning to US on AP.
You can use your h1b to work after returning to US on AP.
more...
karthkc
06-02 11:19 AM
its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).
Unless I am mistaken, this was true only for non-PERM scenario if you were already employed for the firm that sponsored your GC.
In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.
Here is a posting I found from a while ago on this..
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341
Unless I am mistaken, this was true only for non-PERM scenario if you were already employed for the firm that sponsored your GC.
In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.
Here is a posting I found from a while ago on this..
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341
chinna2003
07-03 09:13 AM
Sorry if you find it offensive, but I dont think its going to prove anything to the USCIS and I am not even sure they will notice it.
Why is no one talking about a public demonstartion in New York or something along those lines that is bound to get TV reporters attention and having a spokesperson who can speak on our behalf in front of a national audience and talk about the discrimintaion that US shows against legal workers
If Illegal Immigrants have the courage to pursue their agenda on the streets what is stopping us from doing it.
What are we afraid of? its not the lack of issues, its the lack of resolve
Lets see if thread swells to dewcent levels we can organize a protest against USCIS infront of NBC studios
Please read, sign and observe
http://www.petitiononline.com/aos485/petition.html
To: U,S. Congress American Government
USCIS/DOS has made fun of a set of highly skilled immigrant workers of America. They issued a bulletin in June 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) declaring all classes of employment-based visa priority dates current from July 1, 2007 and then pulled the carpet under everyone's feet by issuing a bulletin in July 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) which declared all July applications ineligible.
The June bulletin caused a frenzy of activity amongst the applicants which ranged from applicants cancelling their travel plans and rushing to file their petitions to applicants tying the nuptial knot and cancelling their plans of higher studies. This act is mockery and disrespect of such skilled workers, causing them huge emotional and mental trauma. It also represents a huge economic loss in terms of time and resources consumed for readiness in filing the applications that involved the individuals, their employers and the attorneys representing them.
As a mark of protest we would like to observe July 13, 2007 as "NO WORK DAY". We demand justice from America and the American Governement. We believe our voices will only be heard when our presence (and importance) is made conspicuous by our absence. So, all those who believe in this are urged to refrain from going to work on Friday July 13, 2007.
Sincerely,
Why is no one talking about a public demonstartion in New York or something along those lines that is bound to get TV reporters attention and having a spokesperson who can speak on our behalf in front of a national audience and talk about the discrimintaion that US shows against legal workers
If Illegal Immigrants have the courage to pursue their agenda on the streets what is stopping us from doing it.
What are we afraid of? its not the lack of issues, its the lack of resolve
Lets see if thread swells to dewcent levels we can organize a protest against USCIS infront of NBC studios
Please read, sign and observe
http://www.petitiononline.com/aos485/petition.html
To: U,S. Congress American Government
USCIS/DOS has made fun of a set of highly skilled immigrant workers of America. They issued a bulletin in June 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) declaring all classes of employment-based visa priority dates current from July 1, 2007 and then pulled the carpet under everyone's feet by issuing a bulletin in July 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) which declared all July applications ineligible.
The June bulletin caused a frenzy of activity amongst the applicants which ranged from applicants cancelling their travel plans and rushing to file their petitions to applicants tying the nuptial knot and cancelling their plans of higher studies. This act is mockery and disrespect of such skilled workers, causing them huge emotional and mental trauma. It also represents a huge economic loss in terms of time and resources consumed for readiness in filing the applications that involved the individuals, their employers and the attorneys representing them.
As a mark of protest we would like to observe July 13, 2007 as "NO WORK DAY". We demand justice from America and the American Governement. We believe our voices will only be heard when our presence (and importance) is made conspicuous by our absence. So, all those who believe in this are urged to refrain from going to work on Friday July 13, 2007.
Sincerely,
more...
texanguy
05-15 06:17 PM
I would like Representative "Representative Name" to co sponsor bills HR 5882 and HR 5921, sponsored by Zoe Lofgren.
I am confused, are we asking them to "co-sponsor" or to "support"?
Please advice.
I am confused, are we asking them to "co-sponsor" or to "support"?
Please advice.
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dbevis
April 16th, 2004, 05:37 PM
The first one looks like some kind of space ship cruising through space gas.
more...
rajuram
08-20 12:50 AM
Having been in these forums for years now...I know that IV cannot do much about retrogression until president decides to push for CIR. That may be at least 1 year away, if not more. Recapture of visa numbers is also next to impossible in this economy.
But somethings that may be worth trying in the interim are -
1. More flexibility in changing jobs under AC21, to allow career progression. This may not require a legislative fix.
2. Longer duration AP.
3. Fee reduction for 2nd & subsequent renewal of EADs and APs.
4. An apology from USCIS for the delay!!
But somethings that may be worth trying in the interim are -
1. More flexibility in changing jobs under AC21, to allow career progression. This may not require a legislative fix.
2. Longer duration AP.
3. Fee reduction for 2nd & subsequent renewal of EADs and APs.
4. An apology from USCIS for the delay!!
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leonqiu
03-14 12:06 PM
Charles Oppenheim, Chief of Immigrant Visa Control and Reporting Division at the U.S. Department of State (DOS) was a guest speaker at a February 28, 2007 Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). Mr. Oppenheim was kind enough to share his office�s visa number / Visa Bulletin expectations for 2007.
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
HISTORICAL BACKGROUND OF RETROGRESSION
Mr. Oppenheim discussed the historical background that has led to the current retrogression situation. Retrogression is not something new or unfamiliar in immigration law, as long-time MurthyDotCom and MurthyBulletin readers may recall. For many, however, who may have become involved in the green card process since 2001, it is new and, of course, highly problematic. Employment-based (or EB) numbers were current from 2001 through 2005 due to a legislative "fix." This legislation authorized prior, unused immigrant visa numbers from several earlier years to be recaptured and put back into the immigration system. That quota of recaptured numbers was exhausted during Fiscal Year (FY) 2005. As a result, in FYs 2005, 2006 and 2007 we have witnessed severe backlogs in the EB3 categories for all countries and, starting in FY2006, in the EB2 categories for China and India.
PREDICTIONS FOR EB IMMIGRANT VISA NUMBERS
Employment-Based First Preference / EB1
Mr. Oppenheim stated that the employment-based first preference (EB1) category is expected to remain current for all countries of chargeability, including India and China. This is likely throughout the remainder of FY2007 (ending September 30, 2007).
Mr. Oppenheim explained what he referred to as the �trickling effect� of unused visa numbers between EB categories. This trickling effect has resulted in the EB1 category's having remained current. The numbers in the employment-based fourth preference (EB4) and employment-based fifth preference (EB5) categories that are unused are transferred up to the EB1 category. Without this trickling affect, the EB1 category would not remain current for India and China.
This also has an impact on EB2, as unused EB1 numbers trickle down to EB2. There are not enough numbers for India and China, however, to allow the EB2 for these two countries to become current. But it has helped to move EB2 forward for these two countries, to some extent.
Employment-Based Second Preference / EB2
The employment-based second preference (EB2) category is expected to remain at its current cutoff dates for nationals of India and China. These dates have been stagnant at April 22, 2005 for China and January 8, 2003 for India for a few months.
Employment-Based Third Preference / EB3
No forward movement is expected for the employment-based third preference (EB3) category. In fact, as predicted in the March Visa Bulletin and confirmed by Mr. Oppenheim, there is a strong possibility that the EB3 numbers that are not in the "worldwide" chargeability will further retrogress, or move backward. This is expected to occur in the summer of 2007. This backward movement is based upon excessive demand for the limited supply of visa numbers. This will adversely affect nationals of India and China.
Double Dipping
Another problem important to note is one of �doubling dipping� for visa numbers by some individuals. As explained by Mr. Oppenheim, if an employment-based beneficiary filed for adjustment of status in the U.S. and for consular processing overseas, that individual could acquire two visa numbers if both cases are approved. This would result in a wasted immigrant visa number. As a result of this scenario, the DOS and the USCIS are planning a system that would coordinate their visa number allocation, so that each will be aware if the other has already issued a visa number for a particular individual, to prevent waste of this kind.
CONCLUSION
We appreciate Mr. Oppenheim's continued willingness to address matters related to visa numbers and the Visa Bulletin. The lack of employment-based visa numbers is a source of great frustration for many and Mr. Oppenheim's predictions do not assuage that feeling. It is better to have an understanding of the reality of the situation, however, than to operate in ignorance or with unrealistic expectations. The shortage of visa numbers, once again, underscores the need for legislation in this area, to increase the numbers, change the counting of the numbers (from one per person to one per family), or to revamp the system entirely.
more...
rameshvaid
03-12 09:48 PM
Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)
Enjoy the freedom..
rv
:):):):):):)
Enjoy the freedom..
rv
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Bytes4Lunch
03-07 10:12 AM
"dingudi" , Throughout every immigration forums, everyone mentions the use of AP in such cases.
I consulted with 3 attorneys, 2 of them were attorneys for fortune 500 companies and they clearly suggested that its ok to come back on the AP. The only thing one of the attorneys had mentioned was that I could be in for questionning if my h1B visa application was pending due to security clearance, which I knew it was not after I spoke with the consulate. So I think I have to disagree with you on this one.
If I would have used AP very carefully like you mentioned I would have been stuck for weeks, possibly months and that was starting to affect my work with my employer. A week vacation in India became more than a month.
I consulted with 3 attorneys, 2 of them were attorneys for fortune 500 companies and they clearly suggested that its ok to come back on the AP. The only thing one of the attorneys had mentioned was that I could be in for questionning if my h1B visa application was pending due to security clearance, which I knew it was not after I spoke with the consulate. So I think I have to disagree with you on this one.
If I would have used AP very carefully like you mentioned I would have been stuck for weeks, possibly months and that was starting to affect my work with my employer. A week vacation in India became more than a month.
more...
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ayazali17
12-18 07:08 PM
One more question. Does a person with EAD (I-766) considered a permanent legal resident? The reason why i asked is because i was filling out a form to open a Scottrade account, i was stumped on this question, so i thought i asked someone here to verify.
Thanks for answering.
Thanks for answering.
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walking_dude
11-25 12:16 PM
It may be the reason March was selected for the DC Rally, despite the cold weather so members have complained about. ( Note : I did not select the date).
If CIR is coming up in Spring, we need to make our case - by showing good numbers -by the end of winter ; freezing or not. If we don't do that our issue is very highly to get lost in the Border security, employer verification and Legalization/Amnesty. If we finish the public show of strength - DC Rally and the Lobby Day in March, we can be ready to send Web-faxes, make phone calls etc. in Spring to push for our bills.
During our lobby day and DC Rally efforts, we should get lawmakers to understand our issues and number of people impacted (0.5 million at the least). Once majority of the lawmakers understand that we exist in large numbers, and are facing these problems, they will be more sympathetic when we make those last minute phone calls and faxes.
If we don't do the DC Rally and Lobby day successfully, chances are lower that they may not be be sympathetic to us without understanding the issue and the large number of people impacted.
The clock has already started ticking. We have to act fast. If we do nothing, we will miss the boat once again. Will you help IV put Recapture and Visa increase on the upcoming CIR? If we don't, we all have wait several more years for the relief.
If CIR is coming up in Spring, we need to make our case - by showing good numbers -by the end of winter ; freezing or not. If we don't do that our issue is very highly to get lost in the Border security, employer verification and Legalization/Amnesty. If we finish the public show of strength - DC Rally and the Lobby Day in March, we can be ready to send Web-faxes, make phone calls etc. in Spring to push for our bills.
During our lobby day and DC Rally efforts, we should get lawmakers to understand our issues and number of people impacted (0.5 million at the least). Once majority of the lawmakers understand that we exist in large numbers, and are facing these problems, they will be more sympathetic when we make those last minute phone calls and faxes.
If we don't do the DC Rally and Lobby day successfully, chances are lower that they may not be be sympathetic to us without understanding the issue and the large number of people impacted.
The clock has already started ticking. We have to act fast. If we do nothing, we will miss the boat once again. Will you help IV put Recapture and Visa increase on the upcoming CIR? If we don't, we all have wait several more years for the relief.
more...
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shirish
02-23 02:21 PM
This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.
The status of I-140 application may be important. Out of state tution may depend on the state.
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?
The status of I-140 application may be important. Out of state tution may depend on the state.
What if I-140 is approved , and the primary applicant (H1) is waiting for the PD to be current, and the dependent wants to go to school. Will this have any impact on the GC process?
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abhijitp
01-18 01:35 AM
> ***If you don't sign, that means no snacks
LOL:-) Thanks for making my day!
NORCAL, see you there on Sunday!
LOL:-) Thanks for making my day!
NORCAL, see you there on Sunday!
more...
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meridiani.planum
04-06 02:24 AM
I believe the general line of thought is any time between 6 to 12 months.
But I wonder how the AC21 affects this. It seems as though if you invoke AC21 and change employers before getting GC (following all rules like "similar job" etc) , you are not obligated to eventually join back the original GC sponsoring employer after one gets GC.
But if you stick with the same orginal GC sponsoring employer till you get GC, then you are obliged to show good faith intent and have to continue for 6-12 months (although technically USCIS/DOL don't give any specific limits). There is no AC21 kind of provision once you get GC !
there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.
But I wonder how the AC21 affects this. It seems as though if you invoke AC21 and change employers before getting GC (following all rules like "similar job" etc) , you are not obligated to eventually join back the original GC sponsoring employer after one gets GC.
But if you stick with the same orginal GC sponsoring employer till you get GC, then you are obliged to show good faith intent and have to continue for 6-12 months (although technically USCIS/DOL don't give any specific limits). There is no AC21 kind of provision once you get GC !
there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.
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go_guy123
09-10 03:36 PM
If person is working for same company after MS then he/she cannot use experience for GC for same company. One of my friend got GC who was working for same company since he graduated and got GC under EB2. He had 4 years of exp after MS when he applied but could not show
Its not a major issue since MS itself is viewed as 5 years of experience. The question is whether the company and DOL is willing to accept business necessity clause for Masters/5 years experience. By default most occupation fall into Job Zone 4 (EB3) unless shown business necessity and proved during an Audit.
Doctors, Lawyers etc fall into Job Zone 5 (EB2)
Its not a major issue since MS itself is viewed as 5 years of experience. The question is whether the company and DOL is willing to accept business necessity clause for Masters/5 years experience. By default most occupation fall into Job Zone 4 (EB3) unless shown business necessity and proved during an Audit.
Doctors, Lawyers etc fall into Job Zone 5 (EB2)
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kmk2002
10-09 06:31 PM
is SOC_CODE 999.151-051 (from case data at FLCCenterdata.com) is same as 15-1051.00 mentioned above?
speedo
08-05 11:49 AM
I filed 485 with G28 form and I just got the receipt yesterday.
Details:
I485 - Myselft & Wife filed on July 2nd 7:55 am NSC
Received receipts for both yesterday August 3rd.
Sit tight and relax, everyone will get theirs.
Details:
I485 - Myselft & Wife filed on July 2nd 7:55 am NSC
Received receipts for both yesterday August 3rd.
Sit tight and relax, everyone will get theirs.
travellertvr
03-22 01:38 PM
I entered in the US on November 30, 2009 with H1-B visa valid till September 19, 2011, but passport expiration date was January 3, 2010. Customs and Border Protection officer put January 3, 2010 expiration date on my I-94. On December 11, 2009 I received new passport valid till December 11, 2014, but I-94 date has never been changed.
I�ve applied for Green Card in 2010, labor certification has been approved on July 26, 2010, I-140 filed on November 16, 2010. My priority date is June 7, 2010.
The lawyer I�m working with on my Green Card noticed that I was out of status in June, 2010. She suggested extension of H-1B visa. This was done, and my new H-1B dates are 10/18/2010 till 01/03/2013.
According to my lawyer, new H-1B returned me back in status and working legally in the US, but it didn�t solve the problem of being out of status more than 180 days. And if I leave US now, there will be 3 year ban to enter back.
Please advise if that�s correct and if there is any solution to this problem? If I leave US now, will I be banned 3 years to enter, even though my H1-B and I-94 now have all valid dates?
I�ve applied for Green Card in 2010, labor certification has been approved on July 26, 2010, I-140 filed on November 16, 2010. My priority date is June 7, 2010.
The lawyer I�m working with on my Green Card noticed that I was out of status in June, 2010. She suggested extension of H-1B visa. This was done, and my new H-1B dates are 10/18/2010 till 01/03/2013.
According to my lawyer, new H-1B returned me back in status and working legally in the US, but it didn�t solve the problem of being out of status more than 180 days. And if I leave US now, there will be 3 year ban to enter back.
Please advise if that�s correct and if there is any solution to this problem? If I leave US now, will I be banned 3 years to enter, even though my H1-B and I-94 now have all valid dates?
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