raysaikat
07-10 07:39 PM
Hi,
Thanks for your advice. I believe that my employer has no problem to write me a recommendation letter or sign support letter.
Do you believe I have a chance or not ? which one?
Thanks,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
Thanks for your advice. I believe that my employer has no problem to write me a recommendation letter or sign support letter.
Do you believe I have a chance or not ? which one?
Thanks,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
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file485
07-12 07:32 PM
best is to find another job..and do a H1 transfer premium processing..since the RFE was with his company and not his credentials he should be safe..
My i94 expired on May 18th 2007,filed for extn around May 11th..then I filed for a H1 transfer on June 25th before the H1 extn was approved,we dint have the H1 reciept notice too as NSC was delaying issuing of reciept notices..
thankfully it was approved though the earlier H1 was not extended(this is called H1 bridging...)
but it may raise flags to the Immigration officer,cos the i94 expired in Dec..rfe was issued..better to consult attorney instead of taking wild chances..
trust me 1000$ speak/work a lot in these issues..
My i94 expired on May 18th 2007,filed for extn around May 11th..then I filed for a H1 transfer on June 25th before the H1 extn was approved,we dint have the H1 reciept notice too as NSC was delaying issuing of reciept notices..
thankfully it was approved though the earlier H1 was not extended(this is called H1 bridging...)
but it may raise flags to the Immigration officer,cos the i94 expired in Dec..rfe was issued..better to consult attorney instead of taking wild chances..
trust me 1000$ speak/work a lot in these issues..
bkam
04-14 11:26 AM
Stucklabor,
Do not get me wrong - I do not expect the IV activists to jump on the "ideas" I posts. They have done more than enough and have said that many times. Just one thing was not properly handled in my opinion - the backlog issue. There is no excuse for the Immigration dept for this backlog. This is a simple clerk's job which they screwed. IV as a an organization should clearly state it and insist on fast resolution by the respective authorities, not just foggy promises.
But it is time for the "grassroots" to start thinking and acting, not just waiting for someone else to do it for them. That is why I keep this conversation going and suggest "ideas".
Again, thanks for the good job done by the core team and volunteers done until now. Unfortunately this is just a beginnig of a long jurney...
Do not get me wrong - I do not expect the IV activists to jump on the "ideas" I posts. They have done more than enough and have said that many times. Just one thing was not properly handled in my opinion - the backlog issue. There is no excuse for the Immigration dept for this backlog. This is a simple clerk's job which they screwed. IV as a an organization should clearly state it and insist on fast resolution by the respective authorities, not just foggy promises.
But it is time for the "grassroots" to start thinking and acting, not just waiting for someone else to do it for them. That is why I keep this conversation going and suggest "ideas".
Again, thanks for the good job done by the core team and volunteers done until now. Unfortunately this is just a beginnig of a long jurney...
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saimrathi
08-15 12:43 PM
/\/\/\/\
more...
kdprasad
07-10 09:19 PM
My Guess is that NSC is already holding them up and only TX started rejecting the first day filers hence USCIS HQ ordered TX only to hold them.
wrldnw4me
05-24 12:21 PM
Fax sent
Thanks for everyone for being part of Immigration voice
Thanks for everyone for being part of Immigration voice
more...
pointlesswait
01-23 10:19 AM
am in too!
we should have a meeting once in a while!! lets meet ASAP!!! and chart out a plan of action!
we should have a meeting once in a while!! lets meet ASAP!!! and chart out a plan of action!
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Green.Tech
03-17 06:59 PM
Say a person has finished his 6 years and got a 3-year extension based on an approved I140. Now, he is working in his 7th year and his 485 gets rejected. Would that mean he still has 2 more years of H-1B or does that mean he loses the remaining 2 years of H-1B time immediately since 485 got rejected?
more...
leo2606
12-10 09:15 PM
Just a note, applications were accepted till 17 August, 2007.
This thread is started to just gather the list of people who have approved Labor as on 31st Jul,2007 and could not file I-485 for various reasons like out of country,Not married, Employer did not file or Lawyer delayed etc.
Thanks
Ram
---------
EB3 India PD Feb,2006
This thread is started to just gather the list of people who have approved Labor as on 31st Jul,2007 and could not file I-485 for various reasons like out of country,Not married, Employer did not file or Lawyer delayed etc.
Thanks
Ram
---------
EB3 India PD Feb,2006
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indianabacklog
05-22 01:53 PM
After eight years my husband is almost able to work (waiting for EAD) and my son has aged out for derivative benefits and is on an F1 with no realistic path to permanent residency and eventual citizenship.
I agree, those who crossed a border illegally or overstayed are now looking at the American Dream being handed to them.
The DREAM act, if it stays in the legislation will give the children of the illegals state tuition rates (I work for the university my son attends and found it hard to get in state tuition rates for him) and they will also get conditional residency and will be able to apply for their own green cards after five years.
Amazing really, that we are seeing and hearing this in the land we chose to live in which claims to be a land where the rule of law is paramount.
I agree, those who crossed a border illegally or overstayed are now looking at the American Dream being handed to them.
The DREAM act, if it stays in the legislation will give the children of the illegals state tuition rates (I work for the university my son attends and found it hard to get in state tuition rates for him) and they will also get conditional residency and will be able to apply for their own green cards after five years.
Amazing really, that we are seeing and hearing this in the land we chose to live in which claims to be a land where the rule of law is paramount.
more...
tnite
11-07 09:57 AM
Hi,
I am in bit of a situation and trying to sort my options. I got my EAD, last month. Also took care of finger printing and received AP documents also. I 485 was filed in July 07. My I-140 is not yet approved.I am accepted to school in france for one year business course, starting Jan and ending Dec 08. Max I can fly back few times from France to US, for few days (In case there is rule for not staying abroad for more than six months). Plea
I am planning to either
a) Submitmy resignation and leave US by end of Nov 07 OR
b) take Leave of Absence from my firm for 15 months.
Is there a way I can continue my GC processing, factoring that I will be out of states for whole of next year.
Your suggestions are sincerely appreciated
Thanks,
Alp
First of all you need to talk to your emplopyer before you take any decision.What if he revokes the I140.Then when you get back to US you have to start the GC process again.
Why dont you defer your business course for a yr.By that time you're I140 wld be most likely approved and then you wld have passed 180 days.That makes it easy for your GC to process.
I am in bit of a situation and trying to sort my options. I got my EAD, last month. Also took care of finger printing and received AP documents also. I 485 was filed in July 07. My I-140 is not yet approved.I am accepted to school in france for one year business course, starting Jan and ending Dec 08. Max I can fly back few times from France to US, for few days (In case there is rule for not staying abroad for more than six months). Plea
I am planning to either
a) Submitmy resignation and leave US by end of Nov 07 OR
b) take Leave of Absence from my firm for 15 months.
Is there a way I can continue my GC processing, factoring that I will be out of states for whole of next year.
Your suggestions are sincerely appreciated
Thanks,
Alp
First of all you need to talk to your emplopyer before you take any decision.What if he revokes the I140.Then when you get back to US you have to start the GC process again.
Why dont you defer your business course for a yr.By that time you're I140 wld be most likely approved and then you wld have passed 180 days.That makes it easy for your GC to process.
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tankueray7
05-05 07:37 PM
The Immigration and Nationality Act (INA), the section of government law that guides immigration, specifically states that any non-immigrant alien visitor to the United States must have a passport that is valid for 6 months beyond the intended period of admission. That is to say that if your program or employment runs until May of 2008 you must have a passport that is valid until at least November of 2008. If the alien visitor is from a country that is in agreement with the United States to automatically assume that the alien's passport is valid for 6 months past the passports expiration. These countries are referred to as 6 month countries. That simply means that if the alien is from for ex. India and the passport date will expire before the end of of program date, officers are allowed to make the I-94 valid until the end of the passport. If the alien is not from a 6 month country the officer can only admit the alien with an admission date on the I-94 with a date that is 6 months before the passport expires. Officers at airports and deferred inspection offices do not have the authority, at a later date, after a new passport has been obtained, to change the original I-94 to the date that would have been given at the original time of entry had the passport been valid for 6 months beyond intended period of entry. The alien must request an extension of stay with an explanation submitted to the USCIS office, no fee is required, and a new I-94 with the appropriate date will be issued. However, if you call USCIS and are fortunate enough to get to speak to someone, that person, an information officer, with 2-5 weeks training, will tell you a CBP Officer can change it. Some officers will change the I-94, however, they have no authority to do so and can face penalties for doing so.
more...
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felix31
05-03 11:59 AM
I'm not concerned about he being anti-latino but he is anti-immigrant he feels immigration is destroying the American Culture.
well,
I think everyone should be concerned, because today he is anti-latino, tomorrow he is anti-Indian or anti-European...I mean, I really dont see the difference. I am not Hispanic, but I am very very concerned.
At my Grad school, we did a research on the gentleman in question and had a debate about different types of discrimination.
One is for certain. Today, undocumented people are very much in the spotlight, but make no mistake, all immigrants weather legal or illegal have been accused of stealing American jobs away.
The way I see it, we are all in the same boat...
Many people I know have expressed their frustration with the state od Education here "why dont we fix our education so that we can produce our own people so that we have our place in the global economy and we dont have to depend on foreign scientists"?.
Dont get me wrong! I am all pro-immigration, and you may call me an idealist, but I want fair treatment for ALL.
Lets refrain from any statements like 'am not concerned with XYZ being 'anti-latino....
these are public forums and our group cannot afford to be labeled as nonsensitive to others who are not highly skilled legal immigrants..
just my 2 cents
well,
I think everyone should be concerned, because today he is anti-latino, tomorrow he is anti-Indian or anti-European...I mean, I really dont see the difference. I am not Hispanic, but I am very very concerned.
At my Grad school, we did a research on the gentleman in question and had a debate about different types of discrimination.
One is for certain. Today, undocumented people are very much in the spotlight, but make no mistake, all immigrants weather legal or illegal have been accused of stealing American jobs away.
The way I see it, we are all in the same boat...
Many people I know have expressed their frustration with the state od Education here "why dont we fix our education so that we can produce our own people so that we have our place in the global economy and we dont have to depend on foreign scientists"?.
Dont get me wrong! I am all pro-immigration, and you may call me an idealist, but I want fair treatment for ALL.
Lets refrain from any statements like 'am not concerned with XYZ being 'anti-latino....
these are public forums and our group cannot afford to be labeled as nonsensitive to others who are not highly skilled legal immigrants..
just my 2 cents
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Macaca
01-25 10:47 AM
Hi Macaca:
USCIS cannot reject PERM as USCIS has nothing to do with PERM. PERM is done by the dept of labor, and this agency is not part of USCIS.
In terms of PERM, PERM is not considered an "immigrant petition" and thus would not be deemed as violation of status. PERM is berely the assurance there is no workers who want to take the job in the position beeing sought. Note, that when you go for a visa, one of the questions asked is, Have you ever filed an immigrant visa petions, or has an immigrant visa petiion was ever filed on your behalf?"
The law finds an immigrant petion only when one applies via I130 (family based immigrant petition" or I140 (employment based immigrant petition). Only filing of IMMIGRANT PETITION would constituate a violation of one's non-immigrant intent and status.
I went for consular approval last year. At that time I had applied for LC. The form had the question Have you ever filed an immigrant visa petion, or has an immigrant visa petiion was ever filed on your behalf? My attorney told me to say No.
USCIS has F1 file. Why did they not reject I-140?
USCIS cannot reject PERM as USCIS has nothing to do with PERM. PERM is done by the dept of labor, and this agency is not part of USCIS.
In terms of PERM, PERM is not considered an "immigrant petition" and thus would not be deemed as violation of status. PERM is berely the assurance there is no workers who want to take the job in the position beeing sought. Note, that when you go for a visa, one of the questions asked is, Have you ever filed an immigrant visa petions, or has an immigrant visa petiion was ever filed on your behalf?"
The law finds an immigrant petion only when one applies via I130 (family based immigrant petition" or I140 (employment based immigrant petition). Only filing of IMMIGRANT PETITION would constituate a violation of one's non-immigrant intent and status.
I went for consular approval last year. At that time I had applied for LC. The form had the question Have you ever filed an immigrant visa petion, or has an immigrant visa petiion was ever filed on your behalf? My attorney told me to say No.
USCIS has F1 file. Why did they not reject I-140?
more...
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bbct
02-17 05:05 PM
Today, I filed an official complaint with IRS about this employer. They told, they are going to send a notice asking the employer to reply to the tax bearer within 10 days from the receipt of the letter. I don't know how the employer is going to react and if they would still provide a corrected W2. Hoping, they would provide, otherwise I would have to call IRS again after another 2 weeks time. I had to be on the phone line for almost 30 mins to reach the IRS customer representative. It is a real pain.
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h1techSlave
04-09 09:28 PM
How much does a typical lawyer charges for responding to the Employment verification RFE?
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HV000
04-02 07:58 PM
USCIS - FBI Joint Plan to Eliminate Name Check Backlogs
May 2008 - Process all name checks pending for more than 3 years
July 2008 - Process all name checks pending for more than 2 years
Nov 2008 - Process all name checks pending for more than 1 year
Feb 2009 - Process all name checks pending for more than 180 days
Jun 2009 - Process 98% of all name checks within 30 days and process the remaining 2% within 90 days
http://www.uscis.gov/files/article/NameCheck_2Apr08.pdf
May 2008 - Process all name checks pending for more than 3 years
July 2008 - Process all name checks pending for more than 2 years
Nov 2008 - Process all name checks pending for more than 1 year
Feb 2009 - Process all name checks pending for more than 180 days
Jun 2009 - Process 98% of all name checks within 30 days and process the remaining 2% within 90 days
http://www.uscis.gov/files/article/NameCheck_2Apr08.pdf
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ny_lawyer
01-28 12:43 AM
Link is not opening.
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MerciesOfInjustices
04-04 10:13 PM
The idea for this organization was path-breaking to start with. On top of it all the hard work to sustain the effort, and advance it!
I became even more impressed when I had an opportunity to interact with some of the "The 12 Wise People"! In my profession and my life, I have seen a lot - it takes a lot to truely impress me. The effort & zeal- not even one per cent of which is visible to the public - has been illuminating.
Believe me, as things will unfold, everybody will realize how selflessly these people have led this struggle, and continue to do so! The benefits of this struggle will actually be available to one and all - the sceptic as well as the believer!
To borrow one of these guys' salutation - Cheers!
I became even more impressed when I had an opportunity to interact with some of the "The 12 Wise People"! In my profession and my life, I have seen a lot - it takes a lot to truely impress me. The effort & zeal- not even one per cent of which is visible to the public - has been illuminating.
Believe me, as things will unfold, everybody will realize how selflessly these people have led this struggle, and continue to do so! The benefits of this struggle will actually be available to one and all - the sceptic as well as the believer!
To borrow one of these guys' salutation - Cheers!
brkl1935
04-04 08:52 PM
Very appreciate for grate enthusiasm
ssdtm
12-10 05:29 PM
Checking visa documents before issuing License is one thing. Changing the shape and character of the ID to brand a person “different” is another and purely discriminatory and bad in taste.
It is like wearing a band on your sleeve with “Immigrant on H1” or “Immigrant on EAD” written so that all the people one interacts with can know that.
DL is an ID used on daily basis by people – from airport, to get loans, to get insurance, and sometimes even to buy items on credit card.
Visa status is of no business to any one except Immigration or may be law enforcement authorities.
Give license for the date as long as the visa is valid. Sounds okay. But discriminatory branding of a person's status via his ID is not just an immigration issue; it is a human rights issue. These kinds of laws are more insidiously un-democratic and discriminatory than it may initially look like.
It is like wearing a band on your sleeve with “Immigrant on H1” or “Immigrant on EAD” written so that all the people one interacts with can know that.
DL is an ID used on daily basis by people – from airport, to get loans, to get insurance, and sometimes even to buy items on credit card.
Visa status is of no business to any one except Immigration or may be law enforcement authorities.
Give license for the date as long as the visa is valid. Sounds okay. But discriminatory branding of a person's status via his ID is not just an immigration issue; it is a human rights issue. These kinds of laws are more insidiously un-democratic and discriminatory than it may initially look like.
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