fromnaija
02-20 12:36 PM
Labor substitution is DEAD and therefore it is no longer possible for you to use the labor certification approved for a different employee.
Hi,
i would like to convert EB3- pd to Eb2.
My sistuation is like this . pls help mw if you know if this is possible:
1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.
Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.
If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.
When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..
If somebody clarify me that is great .
Thanks
Hi,
i would like to convert EB3- pd to Eb2.
My sistuation is like this . pls help mw if you know if this is possible:
1.With My current employer :I have EB2- labor approved and i-140 also approved with PD of sep 2005.
2. My current employer has Eb-3 approved labor with PD of june 2003 of some other employee and can be substituted for me and get I-140 approval.
Now question is : Is it possible to port PD of the Eb-3 approved labor substituion and after i-140 approval of substituted labor to my EB-2 labor.
If it is possible how exactly PD is convertible..means will the attorney need to mention to use PD of EB-3 at the time of applying I-485.
When exactly can apply for PD conversion..at the time of applying i-485 or i-140 ..
If somebody clarify me that is great .
Thanks
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abhishek101
04-13 03:34 PM
One of my friends neighbours Aunt who lives in Australia has a cousin in South Africa
This cousin's sister's uncles' kids' friend got his GC last month, his PD was 2007. He was in EB3.
I have heard quite a few cases like that,
like other day I was at Safeway and the counter lady told me that her friend's cousin's son just got the whole process completed in 2 months and that too in EB3.
I can only say it is just unbelivable that these things still happen in this world. USCIS is just full of bums, we should definitely do some campaign about it.
But then ignorance is bliss :D
This cousin's sister's uncles' kids' friend got his GC last month, his PD was 2007. He was in EB3.
I have heard quite a few cases like that,
like other day I was at Safeway and the counter lady told me that her friend's cousin's son just got the whole process completed in 2 months and that too in EB3.
I can only say it is just unbelivable that these things still happen in this world. USCIS is just full of bums, we should definitely do some campaign about it.
But then ignorance is bliss :D
whiteStallion
10-13 02:26 PM
I got the 140 denial notice.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.
Here is the reason...
The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.
I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.
Please restart your Labor again, ASAP.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.
Here is the reason...
The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.
I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.
Please restart your Labor again, ASAP.
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sac-r-ten
03-22 11:03 AM
Thanks Sac-e-ten,
My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...
Yes, i think you have to appeal through a lawyer.
1. BTW what questions were asked to you during interview?
2. Also the denial says " the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with a appropriate laws and regulations". Do they mention what law? Does it mention employee-employer relationship?
If employer is not showing interest, then you have to talk to the employer about hiring your own lawyer and filing appeal and/or new h4 petition for you.
Also, there is free-attorney sessions every 1st 3 thursdays of the month here on IV. check with ivcoordinator@gmail.com for that.
Also, don't call anybody Sir out here. we are all in diff sections of the same boat called Immigration sailing against tide called USCIS.
Hope things get resolved for you.Good luck.
My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...
Yes, i think you have to appeal through a lawyer.
1. BTW what questions were asked to you during interview?
2. Also the denial says " the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with a appropriate laws and regulations". Do they mention what law? Does it mention employee-employer relationship?
If employer is not showing interest, then you have to talk to the employer about hiring your own lawyer and filing appeal and/or new h4 petition for you.
Also, there is free-attorney sessions every 1st 3 thursdays of the month here on IV. check with ivcoordinator@gmail.com for that.
Also, don't call anybody Sir out here. we are all in diff sections of the same boat called Immigration sailing against tide called USCIS.
Hope things get resolved for you.Good luck.
more...
at0474
12-19 04:59 PM
Amigos,
Ironically, legal documentation process seems complicated to cross the fence to the other side.;)
Ironically, legal documentation process seems complicated to cross the fence to the other side.;)
bugmenot
07-21 08:02 PM
Damn I am going to be pissed off if he gets a green card before I do.
beckham wud have got the o-1 visa for extraordinary aliens and would apply for a eb1 GC whc needs no LC or anything of that sort, all and above he would get his GC done in about a year or less time
beckham wud have got the o-1 visa for extraordinary aliens and would apply for a eb1 GC whc needs no LC or anything of that sort, all and above he would get his GC done in about a year or less time
more...
cool_desi_gc
08-22 12:48 PM
Paper filed to TSC and my 485 is pending at NSC
PD: EB3 Dec 2002
EAD sent to TSC on July 10th
RD: Jul 11th
ND: Jul13th
EAD expiring on Oct 3rd.So my countdown started.
This is scary man...
PD: EB3 Dec 2002
EAD sent to TSC on July 10th
RD: Jul 11th
ND: Jul13th
EAD expiring on Oct 3rd.So my countdown started.
This is scary man...
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braindrain
04-17 11:57 AM
You can apply starting 1 year prior to your expiry and all the details are available in the Indian Embassy websites.
simple google search would give you all the required details. You can start with the below URL..
www.indianembassy.org/
simple google search would give you all the required details. You can start with the below URL..
www.indianembassy.org/
more...
ps57002
09-14 06:37 PM
Can we somehow promote on another tri state radio...rbcradio.com I missed out on listening to this one...
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rrajasekar
09-02 09:42 AM
The office staff from our congressman tried their best and said they couldn't get it approved. However, my wife received the EAD with an approval date just the same day of previous expiry. It has been processed within 30 days. Either USCIS processed quickly or the request from congressman office at least brought our application to the top. Anyways, we are relieved. Good luck to you all.
more...
nozerd
09-07 09:54 AM
Yes ofcourse, if I was at the end of GC road I wouldnt go in the first place.
I was questioning this since I wanted to know if it was legaly allowed, since I wouldnt actually be working and earning in the US.
If this is truly allowed and my company lawyer agrees then it would truly make my life easier.
Thanks
I was questioning this since I wanted to know if it was legaly allowed, since I wouldnt actually be working and earning in the US.
If this is truly allowed and my company lawyer agrees then it would truly make my life easier.
Thanks
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vasired
08-10 03:47 PM
u can read it on http://blogs.ilw.com/gregsiskind/ or for complete press release
http://www.dhs.gov/xnews/releases/pr_1186757867585.shtm
http://www.dhs.gov/xnews/releases/pr_1186757867585.shtm
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mikrupee
07-27 03:26 PM
What happen to a person with H1B and then EAD. Main job he continues with original employer who file GC and take a partime like working in a store. What will be the interpretation and Can he do that?
Senior pl give advice.
O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).
Now real question should be "Should I use EAD or Should I be on H1/H4?"
If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.
Senior pl give advice.
O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).
Now real question should be "Should I use EAD or Should I be on H1/H4?"
If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.
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kishdam
03-17 10:18 AM
I was reading at immigration-law.com that a new bill SUSTAIN act is introduced by Lamar Smith in the house and is referred to the judiciary committee. This bill seems proposing the increase of H1B numbers from 65k to 195k. Does this bill have any EB related measures? This bill may be unlikely to get voted anytime soon but if it has some EB measures at least we get some exposure.
more...
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rjgleason
January 5th, 2005, 02:08 PM
Just some saturation on the reds...but that's how it looks in real life
Fantastic shot, Freddy.......You have come into this forum with both guns-a-blazin' and your work is quite creative.
OH.....can you get me a diet-Pepsi????
Fantastic shot, Freddy.......You have come into this forum with both guns-a-blazin' and your work is quite creative.
OH.....can you get me a diet-Pepsi????
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pool_abab
06-16 06:07 PM
Receipt date 5/13 WAC receipt
Card production ordered : 6/16
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PBECVictim
03-13 10:35 AM
Champu,
Congratulations! Did you get second Fingerprint Notice? When did you for Finger print latest? Can you please let us know.
Thanks.
Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)
Congratulations! Did you get second Fingerprint Notice? When did you for Finger print latest? Can you please let us know.
Thanks.
Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)
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raysaikat
10-10 11:26 AM
Thank you!
I am not quiting my company but I am moving to India. In that case what will happen ?
Your valuable inputs are greatly appreciated.
Thank you very much!
I would have said what Phani said. Essentially, you must be on valid H1-B status; otherwise your husband's H-4 status is not valid. This means that you must remain employed in US as an US employee (get your paycheck in US, pay all US taxes, file US tax returns, etc.). For a short duration, it may be possible to remain an US employee and work from India (as a business trip), but I do not see that happening on a permanent basis.
I am not quiting my company but I am moving to India. In that case what will happen ?
Your valuable inputs are greatly appreciated.
Thank you very much!
I would have said what Phani said. Essentially, you must be on valid H1-B status; otherwise your husband's H-4 status is not valid. This means that you must remain employed in US as an US employee (get your paycheck in US, pay all US taxes, file US tax returns, etc.). For a short duration, it may be possible to remain an US employee and work from India (as a business trip), but I do not see that happening on a permanent basis.
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IAMINQ
03-18 05:19 AM
Dear Friend,
We don't know what was your understanding between you and your ex-employer, It seems to me that you voluntarily paid money when you are not supposed to. I am also not sure how you got an H1 transfer without getting paid... Lot of question marks ??? Its better you talk to a qualified attorney and get their opinion. You can definetly go after the ex-employer for not paying you which they are legally bound too.. You will get all your $$$$.
We don't know what was your understanding between you and your ex-employer, It seems to me that you voluntarily paid money when you are not supposed to. I am also not sure how you got an H1 transfer without getting paid... Lot of question marks ??? Its better you talk to a qualified attorney and get their opinion. You can definetly go after the ex-employer for not paying you which they are legally bound too.. You will get all your $$$$.
GCMan007
03-12 11:50 AM
I have updated my profile..IV has been a source of strength in my Journey..i wish good things happen at USCIS and hard working legal immigrants like us get the GC quickly
neobuddha
08-28 02:02 PM
I went through this experience. My I-140 was approved but never received any receipt or approval notice. Finally, my lawyer had to file I-824 (To request further action on an approved application or petition). This is a slow process and it took about 10 months for us to get the duplicate approval. All other request for sending the copy of approval notice etc did not work.
All the best.
-NeoBuddha
Hi,
My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".
But neighter my lawyer not my employer had received the approval notice in mail.
How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?
Thanks,
All the best.
-NeoBuddha
Hi,
My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".
But neighter my lawyer not my employer had received the approval notice in mail.
How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?
Thanks,
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