write2amar
09-22 04:47 PM
Hello,
CONGRATULATIONS for making the rally success!!!
I just joined in this group. I want to be an active member in this chapter activities.
Thanks,
write2amar
CONGRATULATIONS for making the rally success!!!
I just joined in this group. I want to be an active member in this chapter activities.
Thanks,
write2amar
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sanju
09-09 12:11 PM
On your previous post you mention about salary hike and %ges...can you please clarify if a person continues to work for same employer (who filed PERM and 140) and salary hike is (base salary or bonus) 10% or more per year and AOS application process takes 2-3 years (so, total 30% difference in 3 years)...is that a negative on your application? or can it be a reason for denial?
Thanks
Rahul
This is an excellent question Rahul. I have tried my best to find a definitive answer to this question. Different experts/lawyers have given different answer to this question. So I am not sure if salary hike at the same employer would hurt AOS application in anyway. On the face of it, it should be a no brainier and we would like to hear that. Most of the times, we all want to hear our lawyer give us a specific reply, so even if they lawyer is telling us something which doesn't directly imply what we want to hear, we still think that that the lawyer is telling us what we wanted to hear - "selective hearing".
But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it’s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.
Thanks
Rahul
This is an excellent question Rahul. I have tried my best to find a definitive answer to this question. Different experts/lawyers have given different answer to this question. So I am not sure if salary hike at the same employer would hurt AOS application in anyway. On the face of it, it should be a no brainier and we would like to hear that. Most of the times, we all want to hear our lawyer give us a specific reply, so even if they lawyer is telling us something which doesn't directly imply what we want to hear, we still think that that the lawyer is telling us what we wanted to hear - "selective hearing".
But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it’s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.
arc
10-03 11:21 AM
Transfer people are stuck for FP notices... If only csc could have done the FP along with the ead/ap...
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immi_enthu
08-22 10:56 AM
No, he is a good person he can do that
Reason he is member of IV
I think jfredr is talking about requesting Greg to post the content at AILA
Reason he is member of IV
I think jfredr is talking about requesting Greg to post the content at AILA
more...
psaxena
05-29 09:05 PM
keep bumping it for another 5 days
mpadapa
02-12 09:39 AM
My document uses similar method as used in 2007 USCIS Ombudsman report.
Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )
The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.
The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.
It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.
Here is the link to my document - link (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en)
Similar table can be found in Ombudsman report - link (http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315) Look at Page 34 ( 52 / 145 )
The numbers in my report would be off by < +/- 50 visa's because I am using published data and Ombudsman uses internal DOS data.
The bottom line is EB limit has enjoyed spillover from unused FB visas and this year it is not going to happen. In the past we have been used to EB limits of 154K (2007), 163K (2008), this year we have to get used to the original limit 140K The movement of PD of various categories would take their own coarse based on USCIS interpretation of spillover between categories.
It would be great if members can update their profiles so that IV can do a better job of estimating the forward movement using the tracker.
more...
Libra
01-25 10:04 AM
bump
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delax
08-09 11:20 PM
^^^^
more...
new2gc
06-01 11:16 AM
Voted Aye!
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Lisap
08-22 12:33 PM
I am in the exact same situation as you are. I realized on Friday the 10th (by reading threads on here) that my attorney filed before I was current. My attorney said (although I dont know if this is true) that he was willing to argue that they should accept the application. I didn't take my chances and refiled my application. I hope that your attorney does everything that he can for you to get your application back in. If nothing else you should atleast try getting your money back and hiring a new attorney.
more...
desidude
06-19 10:49 AM
Even I e-filed my AP 2 days ago (this is my first time not renewal thou). I wanted to know if I need to send 2 photographs and explanation on separate piece of paper.
Well, I also did a small mistake on the appl. I misplaced my first name and last name, I don't think this would be a problem thou...
Can somebody help me with this?
There is a question on part 7 of AP efiling. I guess, same question is also there in paper form as well. Could somebody please explain as to what to do about this. Here is the question:-
On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.)
Do we really need to send this ? I do not remember that I did send it last time. Thanks
Well, I also did a small mistake on the appl. I misplaced my first name and last name, I don't think this would be a problem thou...
Can somebody help me with this?
There is a question on part 7 of AP efiling. I guess, same question is also there in paper form as well. Could somebody please explain as to what to do about this. Here is the question:-
On a separate piece of paper, please explain how you would qualify for an Advance Parole and what circumstances warrant issuance of Advance Parole. Include copies of any documents you wish considered. (See instructions.)
Do we really need to send this ? I do not remember that I did send it last time. Thanks
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joeshmoe
08-22 11:21 AM
That is just perfect ... after waiting 100s of years for EAD now I will wait another 100s for the GC ...
thank you DOS et all ...
thank you DOS et all ...
more...
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sumansk
12-20 04:40 PM
I think what he is saying demands attention by the lawyers and core members.Thing is we never know what is going on until there is some transparency. The law many times is open to suit ones needs and I suspect DOS may be doing that.
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felix31
01-31 03:44 PM
FYI: USCIS does not charge for Visa Lottery... It's FREE.
Yes sir, they do.
If you are chosen and pass the first screening, when they ask for documents you are also sending application fee that is around 500$. And GC is still not guranteed if the chosen applicant cannot persuade IO he will settle successfully. You need to show the ties, someone to help you with the job, show the moneys for the first few months, etc etc..
I personally know several people who were refused based on their family size and that they would be below poverty line if they immigrate into US.
Go figure!
GC lottery is the biggest joke ...
BTW, application fees are nonrefundable..
Yes sir, they do.
If you are chosen and pass the first screening, when they ask for documents you are also sending application fee that is around 500$. And GC is still not guranteed if the chosen applicant cannot persuade IO he will settle successfully. You need to show the ties, someone to help you with the job, show the moneys for the first few months, etc etc..
I personally know several people who were refused based on their family size and that they would be below poverty line if they immigrate into US.
Go figure!
GC lottery is the biggest joke ...
BTW, application fees are nonrefundable..
more...
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wellwishergc
04-10 09:15 PM
I understand!!! I was just kidding..:); I will call it a night.. It was a pleasure talking to you..
Bye for now..
Ah, but that was the private sector -- not head bashing against slow governmental bureaucracy. You'd be surprised to know what is going on with MS's current efforts on these matters.
Bye for now..
Ah, but that was the private sector -- not head bashing against slow governmental bureaucracy. You'd be surprised to know what is going on with MS's current efforts on these matters.
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devamanohar
08-14 06:10 AM
I filed for my self, wife and two daughters I-485 and EAD with all documents but without I-140 recipt notice instead I enclosed evidences of the cashed check, INS online status print out and cover letter with reciept number.
My application reached on July 2 at 11:34am. No reciept yet. I called INS and representative explained my case will not be denied. If at all, INS will ask for the reciept notice.
I have my reciept notice for I-140 now.
At this point shall I wait or apply one more today with the reciept notice.
My application reached on July 2 at 11:34am. No reciept yet. I called INS and representative explained my case will not be denied. If at all, INS will ask for the reciept notice.
I have my reciept notice for I-140 now.
At this point shall I wait or apply one more today with the reciept notice.
more...
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optimystic
10-29 09:08 PM
Thanks for the good luck . I really need it !
I am hoping that it would be something simple as well.
- I am guessing it might be about employment verification (since its been a long time),
OR
- Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?
OR
- some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)
OR
- Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)
OR
- Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !
OR
- Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.
What could be other reasons that you guys can think off?
Update:
It turned out to be request for latest employment verification letter.
Here are the words quoted from the RFE letter
You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
So, couple of questions to the gurus.
a) What happens if current job title & duties are different from that of the proffered position? I am with the same employer since the beginning. How much of an allowance/leeway is given for growth of job role/scope?
b) What happens if there has been around $25k increase in pay from that mentioned for the proffered position? Is that an issue?
I am hoping that it would be something simple as well.
- I am guessing it might be about employment verification (since its been a long time),
OR
- Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?
OR
- some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)
OR
- Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)
OR
- Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !
OR
- Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.
What could be other reasons that you guys can think off?
Update:
It turned out to be request for latest employment verification letter.
Here are the words quoted from the RFE letter
You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
So, couple of questions to the gurus.
a) What happens if current job title & duties are different from that of the proffered position? I am with the same employer since the beginning. How much of an allowance/leeway is given for growth of job role/scope?
b) What happens if there has been around $25k increase in pay from that mentioned for the proffered position? Is that an issue?
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hebron
08-20 10:20 PM
Hello Friends,
As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]
At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.
I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.
I really want to do that. I am not sure where to start.
1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.
2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.
3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.
Gurus...any help or advise or information is really appreciated.
Thanks,
I would say all three options you listed in your post are good and worth pursuing in the order they are listed...i.e., talk to you current employer about EB2 and if they are not willing, look for a new employer who is willing to do EB2. I am not a big fan of option #3 as I have had bad experiences with my very first desi employer in US, but there may be good ones out there.
As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]
At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.
I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.
I really want to do that. I am not sure where to start.
1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.
2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.
3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.
Gurus...any help or advise or information is really appreciated.
Thanks,
I would say all three options you listed in your post are good and worth pursuing in the order they are listed...i.e., talk to you current employer about EB2 and if they are not willing, look for a new employer who is willing to do EB2. I am not a big fan of option #3 as I have had bad experiences with my very first desi employer in US, but there may be good ones out there.
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lifestrikes
06-17 05:22 PM
Here is link to an article from American Public Media
http://marketplace.publicradio.org/display/web/2009/05/07/pm_h1b_limbo/
You can also listen to the audio version of the story.
Since they have listed the name of affected person, it should be fairly easy to find them and request them to post their experience here.
http://marketplace.publicradio.org/display/web/2009/05/07/pm_h1b_limbo/
You can also listen to the audio version of the story.
Since they have listed the name of affected person, it should be fairly easy to find them and request them to post their experience here.
jasguild
07-16 11:29 PM
But the EAD/AP is a good band aid indeed, for many
Exactly. God foribid we lose our jobs. Before and after this announcement we are one bad earnings quarter away from being shipped back home. Its hard to enjoy life with stress like this.
jasquil
Exactly. God foribid we lose our jobs. Before and after this announcement we are one bad earnings quarter away from being shipped back home. Its hard to enjoy life with stress like this.
jasquil
dtekkedil
07-06 03:34 PM
Yes!
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