BEC_fog
04-23 10:55 AM
Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
I read this on immigration-law.com which says that USCIS lost a lawsuit about its ability to look into the employer's requirement for job.
04/17/2007: Jurisdictions for USCIS and DOL in the Labor Certification Employment-Based Immigration
* In the labor certification based immigration proceedings, there are two federal agencies involved: One is the Department of Labor and the other is Department of Homeland Security USCIS. The immigration statutes give the jurisdiction of the U.S. labor market test government function over to the U.S. Department of Labor and one of the key elements of the labor market test is the description and requirement of jobs and prevailing wage in the intended area of employment. Accordingly, when it comes to the issue of the employer's requirement for job, it has remained the jurisdiction of the USDOL. However, sometimes, the USCIS, in adjudicating I-140 immigrant petitions, tends to overstep into the issues which clearly fall under the jurisdiction of its sister agency, DOL.
* Well, this jurisdictional issue was brought to the U.S. Court of Appeals in the 7th Circuit in Hossier Cares, Inc. v. Chertoff , Case #06-3652 (7th Cir, April 11, 2007) [Click "Opinion" to Download], which ruled that when it comes to the employer's job requirement issues, it is clearly the jurisdiction of the DOL and the USCIS should have no business to mess up with the issue. Isn't it something?!? The court says to the USCIS that you mind your own business with the issue of whether alien beneficiary is qualified for the job and stay out of the business of the employer's needs. Hoorah!
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sp99
08-18 02:38 PM
And for contract yes they have 1 year contract though they didn't send me any documentation for that ...but it is like if u break within 1 year u will need to pay $20 for the remaining months..they say they will cut from my credit card everymonth...
TwinkleM
06-24 12:14 AM
My H1 filed & approved thorugh company A from October 2004.
H1 then transferred to company B & approved from Nov 2005.
My GC process (EB3 Category) started & labor filed through company C for future job in Feb 2006. Labor approved & I-140 filed in June 2006. RFE received in April 2007 & documents received by INS in May 2007. SINCE THEN I-140 is pending... I-485 & EAD filed in July fiasco. EAD approved and renewed once. Valid until september 2010.
My H1 extension through company B denied in Jan 2009 (H1 expired in september 2008). MTR filed in Feb 2009, still pending. This made my EAD active as I have continued working for company B.
Another H1 filed through company C (GC sponsoring company) in April 2009 and RFE notice dated 23rd June, 2009 yet to be received.
In the process of filing 2nd labor through Comapny C ( same company), but this time under EB2 category.
At this point, my questions are:
1) Since my new H1 is through my GC sponsoring company, will RFE for H1 impact old GC process & new GC process?
2) Is my old pending I-140 eligible for premium processing since it is stuck for almost 3 years now? If yes, is it worth doing it?
The reason I want to get my old I-140 to be approved so that I can retain my old priority date.
Experts please share some knwoledge and suggest the steps best for my situation....Am really stressed out...
Thank You in advance...
H1 then transferred to company B & approved from Nov 2005.
My GC process (EB3 Category) started & labor filed through company C for future job in Feb 2006. Labor approved & I-140 filed in June 2006. RFE received in April 2007 & documents received by INS in May 2007. SINCE THEN I-140 is pending... I-485 & EAD filed in July fiasco. EAD approved and renewed once. Valid until september 2010.
My H1 extension through company B denied in Jan 2009 (H1 expired in september 2008). MTR filed in Feb 2009, still pending. This made my EAD active as I have continued working for company B.
Another H1 filed through company C (GC sponsoring company) in April 2009 and RFE notice dated 23rd June, 2009 yet to be received.
In the process of filing 2nd labor through Comapny C ( same company), but this time under EB2 category.
At this point, my questions are:
1) Since my new H1 is through my GC sponsoring company, will RFE for H1 impact old GC process & new GC process?
2) Is my old pending I-140 eligible for premium processing since it is stuck for almost 3 years now? If yes, is it worth doing it?
The reason I want to get my old I-140 to be approved so that I can retain my old priority date.
Experts please share some knwoledge and suggest the steps best for my situation....Am really stressed out...
Thank You in advance...
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pncool01
09-16 01:56 PM
Feel free to celebrate as you please, but keep in mind the less fortunate - not the ones who are waiting for a GC in this country but those who are waiting for their next meal. Ask your wife to make donation somewhere in India or put some money to charity.
For me, symbolic act is enough...I am going to keep it simple
- drive to the border; walk over to mexico and walk back into the US
You know how Mahatma Gandhi made salt in Dandi (and I do see the oppressiveness and exploitation employers can sometimes bring in this GC process)
For me, symbolic act is enough...I am going to keep it simple
- drive to the border; walk over to mexico and walk back into the US
You know how Mahatma Gandhi made salt in Dandi (and I do see the oppressiveness and exploitation employers can sometimes bring in this GC process)
more...
gcwait2007
02-17 01:54 PM
Please find enclosed herewith URL:
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
which is relevant to your situation.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
which is relevant to your situation.
help43
09-10 10:12 PM
H1-B amendment how many days it will take because my opt is going to expire in the month of december.
To get the h-1b appoval i have waited like 6 months.So how many days it will take for h1-b amendment?
If it got rejected while processing under h1-b amendment then what do i need to do to stay in the usa?
To get the h-1b appoval i have waited like 6 months.So how many days it will take for h1-b amendment?
If it got rejected while processing under h1-b amendment then what do i need to do to stay in the usa?
more...
cnag
03-24 03:07 PM
Thanks for the news vinabath. You know what?
Indian cricket team won the world cup last night. They beat West Indies.
Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.
Refugee_New, I consider this the mother of all jokes. After a long time, I had a good hearty laugh reading your post. Thanks buddy!!!
Indian cricket team won the world cup last night. They beat West Indies.
Congratulate Kapil, Srikanth, Ravi shastri, Gavaskar, Mohindar Amarnath and other team members.
Refugee_New, I consider this the mother of all jokes. After a long time, I had a good hearty laugh reading your post. Thanks buddy!!!
2010 amor no correspondido frases.
manand24
10-15 02:12 PM
I don't think so,
my wife and my self had 3 LUDs after FP on both of our 485.
I called TSC, mine and my wife's application is pending secrutiy clearance.
Yes, I know that I will not be getting the GC anytime soon, my PD is 2006 EB2 India.
my wife and my self had 3 LUDs after FP on both of our 485.
I called TSC, mine and my wife's application is pending secrutiy clearance.
Yes, I know that I will not be getting the GC anytime soon, my PD is 2006 EB2 India.
more...
gc_rip
07-06 12:52 PM
Thanks Ann,
This is really helpful.
To understand it carefully, as long as the new company can provide me a future job offer, when the PD is current the GC can be approved.
In this case,
1. Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.
2. In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
Could traveling on B1 visa consider it as abandonment of GC process?
Thanks,
-Raj
This is really helpful.
To understand it carefully, as long as the new company can provide me a future job offer, when the PD is current the GC can be approved.
In this case,
1. Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.
2. In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
Could traveling on B1 visa consider it as abandonment of GC process?
Thanks,
-Raj
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indyanguy
10-17 06:48 PM
If you open a company on EAD, you are eligible for any positions that pay by W2 right?
more...
mundada
11-25 11:50 AM
As per the lawyers I got advice from
1> F1 is non-immigrant visa unlike H1B which is dual intent visa.
2> There is very high likelihood of F1 getting rejected at embassy because I have already shown my intent to immigrate by applying for GC. Hence, they suggested I will have to change status to F1 in the US and not leave the US till I complete education and join another firm on H1B. I decided not to go this path because I go to India almost every year.
3> For reason stated in <1>, I cannot maintain both F1 and GC application. They suggested that I might slip through if I don't get RFE. However, chances of RFE are high when I would be renewing my EAD at the end of 1 year or dates become current as actually happened in July 07. I am happy I did not go this route.
4> For reason stated in <1>, I can however maintain both H1B and GC. This means if my company agrees to maintain my H1B and GC, I can take unpaid vacation and go to school full-time. I can then come back at the end of semester and work for the company during winter or summer and return to school full-time. I did not think this was feasible.
I will be completing my "part-time" MBA in May 08 because of the same reason. I have put part-time in quotes because many of my friends finished in 2 years and I will be finishing in two and half years.
Finally, the above is my personal opinion and experience and I am not a qualified lawyer. Please consult a qualified lawyer about your particular case.
1> F1 is non-immigrant visa unlike H1B which is dual intent visa.
2> There is very high likelihood of F1 getting rejected at embassy because I have already shown my intent to immigrate by applying for GC. Hence, they suggested I will have to change status to F1 in the US and not leave the US till I complete education and join another firm on H1B. I decided not to go this path because I go to India almost every year.
3> For reason stated in <1>, I cannot maintain both F1 and GC application. They suggested that I might slip through if I don't get RFE. However, chances of RFE are high when I would be renewing my EAD at the end of 1 year or dates become current as actually happened in July 07. I am happy I did not go this route.
4> For reason stated in <1>, I can however maintain both H1B and GC. This means if my company agrees to maintain my H1B and GC, I can take unpaid vacation and go to school full-time. I can then come back at the end of semester and work for the company during winter or summer and return to school full-time. I did not think this was feasible.
I will be completing my "part-time" MBA in May 08 because of the same reason. I have put part-time in quotes because many of my friends finished in 2 years and I will be finishing in two and half years.
Finally, the above is my personal opinion and experience and I am not a qualified lawyer. Please consult a qualified lawyer about your particular case.
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allybarbar
06-22 05:18 PM
I worked in Boston. I was laid off Friday. I have been advised by 2 immigration lawyers that it is ok to file for Unemployment benefits. I filed today. I will let you know the outcome. The lady at Unemployment office seems to think there is no reason i won't get it, but shes really just a data entry person really. Fingers crossed i hear nothing.
Specifics of my case are i am an EB3 doing the i-140 and the 485 at the same time. The notice on the i140 is feb 2008 recieved april 2007, the i485 notice is oct 2007. I received an RFE in late May but it was only for the medical which they have lost. I have done that, mailed it back in and heard nothing more. When you fill out the unemployment form in MA though there is a space for your USCIS A#. That would possibly be where the information gets back to the USCIS to request a proof of employment. My lawyer said there is an outside chance i will get another RFE but its unlikely. My company has been advised to send a notice of termination to the USCIS for my old H1B anyway so unemployment is the least of my worries. We'll see. If that happens my fiance and I will have to head to the registry office earlier than the reception day we paid for. I really hope they do not ask. I know hopes not the best course, but thats what I chose to do.
Specifics of my case are i am an EB3 doing the i-140 and the 485 at the same time. The notice on the i140 is feb 2008 recieved april 2007, the i485 notice is oct 2007. I received an RFE in late May but it was only for the medical which they have lost. I have done that, mailed it back in and heard nothing more. When you fill out the unemployment form in MA though there is a space for your USCIS A#. That would possibly be where the information gets back to the USCIS to request a proof of employment. My lawyer said there is an outside chance i will get another RFE but its unlikely. My company has been advised to send a notice of termination to the USCIS for my old H1B anyway so unemployment is the least of my worries. We'll see. If that happens my fiance and I will have to head to the registry office earlier than the reception day we paid for. I really hope they do not ask. I know hopes not the best course, but thats what I chose to do.
more...
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sathishav
02-18 10:16 PM
Which state are you from? Do they insist on Passport? In NC, if you have a valid drivers licence, all you need is a valid I797. They don't insist on the passport.
This is true at least as of Oct/nov 2010.
As the other member said, I have had no luch with phone/email from our embassy. Going in person "may" help, but since you mailed your application, they processing may be different.
won't hurt, if you go and check though.
This is true at least as of Oct/nov 2010.
As the other member said, I have had no luch with phone/email from our embassy. Going in person "may" help, but since you mailed your application, they processing may be different.
won't hurt, if you go and check though.
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vaishnavilakshmi
06-22 04:57 PM
AAA is not free :cool: I tried it a couple of weeks ago. Infact they are on the expensive side (compared to Kinkos, Sears, Walmart etc.)
Hi,
Costco is the best place to get photoes.They took our photos and rest of my colleagues photos upto the standards.Anywhere should be ok.Just mention them that ur facial features look clear and good.I showed the photos for visa application which i took in india as sample to them.Those were clear .So they followed the standards.
All the best,
vaishu
Hi,
Costco is the best place to get photoes.They took our photos and rest of my colleagues photos upto the standards.Anywhere should be ok.Just mention them that ur facial features look clear and good.I showed the photos for visa application which i took in india as sample to them.Those were clear .So they followed the standards.
All the best,
vaishu
more...
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saiimmi
01-27 07:14 AM
So, what's the significance of 485 processing dates? Say, if my PD is June 2001 EB3 and my 485 got applied in Aug, 2007 what are the chances that my 485 will be touched if the visa bulletin were to move to June but the processing dates were to be in July 2007?
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laksmi
12-19 11:35 PM
It should not take more then 3 months from date of SSN Requested.
more...
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pappu
06-22 04:37 PM
If you want to impress USCIS officer with your looks, go to a potrait studio. :) Else try CVS.
If you are really dying to save money, Don't apply for I485. Comeon, when you are spending thousands on your greencard why do you care for 5-10 dollars.
If you are really dying to save money, Don't apply for I485. Comeon, when you are spending thousands on your greencard why do you care for 5-10 dollars.
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vikrantp
01-23 08:45 AM
I think with PERM in place you have to be on the payroll for the employer to apply for the GC. Pre-PERM you were not required to be on payroll..
Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:
Thats the info that I know of (Not from lawyers) from friends.. Please correct me if i am wrong.:confused:
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bearstory
04-26 09:10 PM
Thank you everyone for your reponds. We are going to have a wedding in August, 2010. Can we fill the I30 and other forms now or we have to wait until after the wedding?
pappu
05-21 04:49 PM
Recently my wife went for finger printing.... none of us except her received FP notice. So she went there and did FP and asked the person over there about why I didn't get FP.
The person asked her my name and A#. He looked into the system and said I didn't get FP because by July you will get your GCs...... my FPs are still valid.... I know what he said is not true.... as you can see my PD.... but I keep wondering why he said that after looking in his system...... :confused:
PS - Sorry for the Title. But I am just quoting him.
Did you ask him to give you this information in writing? :)
The person asked her my name and A#. He looked into the system and said I didn't get FP because by July you will get your GCs...... my FPs are still valid.... I know what he said is not true.... as you can see my PD.... but I keep wondering why he said that after looking in his system...... :confused:
PS - Sorry for the Title. But I am just quoting him.
Did you ask him to give you this information in writing? :)
niklshah
11-19 05:31 PM
guys pls stop panicking its only for the cases which are outside the processing dates
"The TSC has introduced a new e-mail procedure to help identify I-485 and I-140 cases that have remained pending beyond the stated TSC processing times posted on the USCIS website"
and write now there are so many other things to worry about like economy and whether the jobs will be safe or not.....
"The TSC has introduced a new e-mail procedure to help identify I-485 and I-140 cases that have remained pending beyond the stated TSC processing times posted on the USCIS website"
and write now there are so many other things to worry about like economy and whether the jobs will be safe or not.....
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