whereismygclost
08-19 06:01 PM
Background : EB2 India PERM applied in Oct'08.PERM RFE Audit notice received on Apr '09 and replied immediately by the lawyer. Currently as per iCert labor website Audit cases being processed as of 07/31/2010 are PD July 2008. My H1B six year completes on Jan 2012.
Question :
- When do I realistically expect any decision on my PERM audit?
- Should I apply for fresh PERM Labor in order to meet the 365 days prior labor applied rule for H1 extensions or should I wait for the audit to be decided? My spouse has EB2-I PD OCT '07 with 140 approved ..waiting to file 485.
- In case I decide to wait,what will be my status if the pending PERM currently under audit filed gets denied? What are my options for further H1 extensions in that situation?
- If advised,when should I plan to file my fresh PERM labor? Given that a RIF took place at my employer at end of May 2010, per my understanding there is a six month wait period after RIF to file for PERM labor. Hence, can I file PERM earliest by the end of Nov, 2010.Am I correct? Will I meet Jan 2011 deadline o file fresh PERM?
-What are your overall suggestions in my case?
Thanks for your help!
Question :
- When do I realistically expect any decision on my PERM audit?
- Should I apply for fresh PERM Labor in order to meet the 365 days prior labor applied rule for H1 extensions or should I wait for the audit to be decided? My spouse has EB2-I PD OCT '07 with 140 approved ..waiting to file 485.
- In case I decide to wait,what will be my status if the pending PERM currently under audit filed gets denied? What are my options for further H1 extensions in that situation?
- If advised,when should I plan to file my fresh PERM labor? Given that a RIF took place at my employer at end of May 2010, per my understanding there is a six month wait period after RIF to file for PERM labor. Hence, can I file PERM earliest by the end of Nov, 2010.Am I correct? Will I meet Jan 2011 deadline o file fresh PERM?
-What are your overall suggestions in my case?
Thanks for your help!
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indyanguy
06-13 08:37 PM
after all this, there is a very high likelihood of getting RFE from USCIS at 485 stage.
What kind of RFE can be expected at the 485 stage?
What kind of RFE can be expected at the 485 stage?
vaishalikumar
08-28 11:36 PM
Do i will need to send my original passpart in mail for renewal because i have visa stamped in the passport but passport will expire after 6 months.
I printed the normal size passport photos
I printed the normal size passport photos
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pd_recapturing
07-01 02:22 PM
For AC21 , Ron is the man !!! He is a strong supporter of AC21 law. He just charged you 500 bucks for AC21 but gives you million dollar worth of peace of mind.
more...
chmur
08-14 03:25 PM
USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.
If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.
Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.
What will happen during 2009 in all likely hood is the following,
Almost all EB1 spillover will go to EB3. (~ 25k)
Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.
From VB
"Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers". "
First, your scenario is overly optimistic . Even then EB3 can use a max of 10,000 of such visas and pass on the rest to the other workers category.
Which basically means Eb3s with PDs> 2004 will get screwed even in a very optimistic scenario.
Worse is Eb2s do not have such a cap . So not a drop trickles down till Eb2 is completely satiated.
Assume HR5882 gets signed by president and visas are distributed according to current laws .....Eb3 will get some benefit but not much. Infact everyone other than Eb3 will get maximum benefit including famili-based, other workers etc.
Moral of the story - Eb3s with PD > 04 ....port to Eb2 ...if you can...now
If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.
Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.
What will happen during 2009 in all likely hood is the following,
Almost all EB1 spillover will go to EB3. (~ 25k)
Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.
From VB
"Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers". "
First, your scenario is overly optimistic . Even then EB3 can use a max of 10,000 of such visas and pass on the rest to the other workers category.
Which basically means Eb3s with PDs> 2004 will get screwed even in a very optimistic scenario.
Worse is Eb2s do not have such a cap . So not a drop trickles down till Eb2 is completely satiated.
Assume HR5882 gets signed by president and visas are distributed according to current laws .....Eb3 will get some benefit but not much. Infact everyone other than Eb3 will get maximum benefit including famili-based, other workers etc.
Moral of the story - Eb3s with PD > 04 ....port to Eb2 ...if you can...now
dhirajs98
08-24 10:10 AM
NSC received my AOS packet on July 24th and all my checks cased yesterday. I file I140 and I485 concurrently.
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vattam
09-29 03:29 PM
I filed in Mid July for I-140 with NSC. the dates in the web site shows in November 2005. Are you sure the dates are currently in MAY 2006. I cannot upgrade my case to premium processing for technical reasons. IF the dates are in MAY/June, I would appreciate JAnilsal if you can reconfirm them.
Approvals for Mid-may have started now. They are in that region. July cases would be Nov/Dec.
I am telling because my mid-may I-140 case got approved today. I am from retrogressed country. So cannot file I-485.
Atleast you are able to file it, then why are you restless? Go have a beer!
Approvals for Mid-may have started now. They are in that region. July cases would be Nov/Dec.
I am telling because my mid-may I-140 case got approved today. I am from retrogressed country. So cannot file I-485.
Atleast you are able to file it, then why are you restless? Go have a beer!
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payur
10-05 03:09 PM
are sure it is 7 years? i thought .. it is 3 years.
It is 7 years for your 1040 forms when you file W2 returns, so I would guess you have to keep all related docs for 7 years, if for any reason it gets audited, then IRS could ask for more than 7 years records.
It is 7 years for your 1040 forms when you file W2 returns, so I would guess you have to keep all related docs for 7 years, if for any reason it gets audited, then IRS could ask for more than 7 years records.
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amitjoey
05-07 02:05 PM
i dint get denail notice yet.Denied on april 22 .Getting worried .Is it normal for such a long delay in getting denail notice ?
NO, it is not normal. My lawyers recieved the denial notice in a weeks time and they had told me that they would contact USCIS if they did not get the notice in 14 days.
NO, it is not normal. My lawyers recieved the denial notice in a weeks time and they had told me that they would contact USCIS if they did not get the notice in 14 days.
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psnycgirl
08-23 07:48 PM
hmehta I was about to ask the same question. How can you apply for I140 and I485 before you get your labor approval?
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kirupa
04-03 05:13 PM
What makes you think there won't be anything for the 4th place entry? :evil:
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LIDIYA
09-13 08:24 PM
EAD comes to home address or Lawyers office?
Home address
Home address
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aj2000
07-10 01:46 PM
July 2010.
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xgoogle
02-10 02:20 PM
I had my GC approved out of line last year in aug [was current (pd march 2006), but processing time wasn't current for texas at that time]. EADs for both me and my spouse had been approved like 1 week before this happened. Hers was for 2 yrs and mine for 1 yr. What happens to her application if I loose my job or leave my job ? I am the primary.
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meridiani.planum
04-03 02:09 PM
Just curious - Have you heard of a case being rejected just because the salary was higher than the original LC ?? (Assuming job title/description are same or similar). I think it will be almost impossible for them to reject just because is higher!! Govt. cannot dictate the upper limit of salaries (in private sector).
nope, so far I have not come across a single case where this has been an issue (which was one reason I went ahead with the move). However there have been inklings about USCIS possibly taking a tougher position on this in the future.
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
nope, so far I have not come across a single case where this has been an issue (which was one reason I went ahead with the move). However there have been inklings about USCIS possibly taking a tougher position on this in the future.
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
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pappu
01-04 11:43 PM
pls update your information
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participate in funding and membership drive
visit iv site regularly and when there is any update to share for our members Iv will post it.
get active in state chapter
participate in funding and membership drive
visit iv site regularly and when there is any update to share for our members Iv will post it.
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vjone
04-06 03:26 PM
HOUSTON: A federal jury has found five people guilty of conspiring to obtain fraudulent work visas for nearly 90 Indian nationals in exchange for at
least $20,000 per visa, the US Attorney's Office said.
Mahendrakumar "Mack" Patel, 55, Rakesh Patel, 36, Alberto Pena, 38, Bernardo Pena, 38, and Marte Othon Villar Sr, 48, encouraged and induced the illegal immigration of Indian nationals in exchange for tens of thousands of dollars per visa, a statement from the US Attorney's Office said yesterday.
The jury found that Alberto and Bernardo Pena, twin brothers from Brownsville, along with co-defendants had encouraged and induced 87 individuals from Gujarat to unlawfully enter US on temporary H-2B visas, knowing that the Indian nationals did not intend to work for the company that was used to get visas for them.
The brothers also knew that the visa-seekers did not intend to return to India when their 10-month visas expired, a statement said.
Pena twins also travelled to India to assist the Indian nationals with the application process and visited and corresponded with the US Consulate in Mumbai.
Two other co-defendants -- Mack Patel of Ft Worth and Rakesh Patel, a Houston pharmacist -- pleaded guilty for recruiting Indian citizens who were willing to pay $20,000 to $60,000 in exchange for visas to enter the United States
Link : http://economictimes.indiatimes.com/articleshow/4359174.cms
least $20,000 per visa, the US Attorney's Office said.
Mahendrakumar "Mack" Patel, 55, Rakesh Patel, 36, Alberto Pena, 38, Bernardo Pena, 38, and Marte Othon Villar Sr, 48, encouraged and induced the illegal immigration of Indian nationals in exchange for tens of thousands of dollars per visa, a statement from the US Attorney's Office said yesterday.
The jury found that Alberto and Bernardo Pena, twin brothers from Brownsville, along with co-defendants had encouraged and induced 87 individuals from Gujarat to unlawfully enter US on temporary H-2B visas, knowing that the Indian nationals did not intend to work for the company that was used to get visas for them.
The brothers also knew that the visa-seekers did not intend to return to India when their 10-month visas expired, a statement said.
Pena twins also travelled to India to assist the Indian nationals with the application process and visited and corresponded with the US Consulate in Mumbai.
Two other co-defendants -- Mack Patel of Ft Worth and Rakesh Patel, a Houston pharmacist -- pleaded guilty for recruiting Indian citizens who were willing to pay $20,000 to $60,000 in exchange for visas to enter the United States
Link : http://economictimes.indiatimes.com/articleshow/4359174.cms
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ram_ram
09-29 08:00 PM
May2 2006.eb2 still waiting
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continuedProgress
03-23 03:10 PM
based on link -
http://public.cq.com/docs/cqt/news110-000002476084.html
http://public.cq.com/docs/cqt/news110-000002476084.html
psaxena
06-25 12:13 PM
Guys lets do it and send as many we can...........
Ahoy sailors !!! sail ahead full throttle.
IMHO, this is a legitimate website as I have been getting updates from them regularly and they are the supporting group for illegal immigrants. As per the email I received today, anti-immigrants have sent 693,437 faxes to Washington this month to oppose reform.
Ahoy sailors !!! sail ahead full throttle.
IMHO, this is a legitimate website as I have been getting updates from them regularly and they are the supporting group for illegal immigrants. As per the email I received today, anti-immigrants have sent 693,437 faxes to Washington this month to oppose reform.
gc_chahiye
12-04 12:57 AM
gc_chahiye, Thanks for your response. So, can I be on H1 with my current employer, A, and on EAD with my new employer, B, simultaneously?
Also, employer B might be able to start me on H1-B (my preference--just in case)--though as you said, B will have petition my new H1 for concurrent filing. My other option, of course, is to wait until Feb '08--though I'll miss out on a month's salary from B (not a biggie in order to not have any potential issues).
There are a few lawyers who say this is possible, but the majority consensus is that using EAD with even one employer invalidates your H1.
Dont worry about a months salary at this point. If you want to maintain H1, try to delay the H1 transfer a bit so that you complete as much of 180 days as possible with your current employer.
Also, employer B might be able to start me on H1-B (my preference--just in case)--though as you said, B will have petition my new H1 for concurrent filing. My other option, of course, is to wait until Feb '08--though I'll miss out on a month's salary from B (not a biggie in order to not have any potential issues).
There are a few lawyers who say this is possible, but the majority consensus is that using EAD with even one employer invalidates your H1.
Dont worry about a months salary at this point. If you want to maintain H1, try to delay the H1 transfer a bit so that you complete as much of 180 days as possible with your current employer.
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