PlainSpeak
02-23 09:31 AM
The rule that USCIS follows is that if they estimate that your priority date wil become current within a year they give you a 1 year EAD. When they estimate a wait of more than a year they give a 2 years EAD. ofcourse this is not strictly followed as we have seen cases of people falling through the crack and getting 1 year EAD when their priority date is far in the grey area (1 to 1.5 years from the current date)
Look at the bright side a 1 year EAD means that you will most probabaly be current in a year :D:D:D
Look at the bright side a 1 year EAD means that you will most probabaly be current in a year :D:D:D
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maverick80
02-05 07:22 PM
Help!!
Is any company filing new PERM applications in this economy? I was told that my current company (a really big one at that) is holding off PERMs indefinitely because we had some layoffs- indefinitely!
My H1 runs out in Oct 2010, and I heard that I have only till end of Nov 2009 (including what I found out is called recapture time) to file.
Now, I found out that my company have do newspaper/online ads for positions to demonstate that they tested the labor market etc etc (all stuff that I heard from the attorney), and I got the impression that she has no idea when they are going to do this and start filing again, and I got something like a best of luck look from her. I am freaked out now.
Any of you out there know if any companies are still filing PERMs? I am on a EB-2 in Software.
Also, if I join a new company, can I file a PERM immediately? Or is it just best of luck to me?
Looks like I have to look into a Canada visa / Australian or UK visa or better go back and spend sometime in India. Any thoughts from any of you more enterprising folks out there? I have little knowledge of the process (my fault!) but I am stressed and freaked now.
Is any company filing new PERM applications in this economy? I was told that my current company (a really big one at that) is holding off PERMs indefinitely because we had some layoffs- indefinitely!
My H1 runs out in Oct 2010, and I heard that I have only till end of Nov 2009 (including what I found out is called recapture time) to file.
Now, I found out that my company have do newspaper/online ads for positions to demonstate that they tested the labor market etc etc (all stuff that I heard from the attorney), and I got the impression that she has no idea when they are going to do this and start filing again, and I got something like a best of luck look from her. I am freaked out now.
Any of you out there know if any companies are still filing PERMs? I am on a EB-2 in Software.
Also, if I join a new company, can I file a PERM immediately? Or is it just best of luck to me?
Looks like I have to look into a Canada visa / Australian or UK visa or better go back and spend sometime in India. Any thoughts from any of you more enterprising folks out there? I have little knowledge of the process (my fault!) but I am stressed and freaked now.
smc
07-03 08:03 PM
I live in the city. Would like to register
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rajuseattle
04-11 12:51 PM
Kate123:
Is suggests the spillover should occur, but doesnt specify when to apply the spillover and that could explain why DoS didnt assign the entire 12K pool of spillover numbers to all pending /preadjudicated petitions.
Is suggests the spillover should occur, but doesnt specify when to apply the spillover and that could explain why DoS didnt assign the entire 12K pool of spillover numbers to all pending /preadjudicated petitions.
more...
gc_check
02-27 12:15 PM
I know of a colleague who lost her father but could not go to perform the last rites because she did not have the H1 stamped and the earliest appointment that any consulate in India was giving her was 4 months away.
She should have tried through the emergency quota/appoinment to get her stamping.. Death in immediate family is a accepted for this and I know a colleague you had to go for India for the very same reason, death in the family and returned back after getting his stamping. Got his appointment through EQ.
The article posted is touching, but out lives are not that bad .. We are far more better and we do have a good life.
She should have tried through the emergency quota/appoinment to get her stamping.. Death in immediate family is a accepted for this and I know a colleague you had to go for India for the very same reason, death in the family and returned back after getting his stamping. Got his appointment through EQ.
The article posted is touching, but out lives are not that bad .. We are far more better and we do have a good life.
breddy2000
02-02 01:09 PM
Hi breddy2000:
Thanks for your reply and was RFE similar to mine?
Here is content of RFE:
Exact RFE text is:
1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary�s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner�s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner�s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner�s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner�s claim of qualifying employment.
Depending on the petitioner�s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;
d. copies of the petitioner�s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner�s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 - x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
Thanks
I got RFE on this
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
Evidences I provided
================
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
Looks like they have come up with a standard RFE for every H1 . You need to analyse in which category/categories(A,B,C above) your RFE falls under , and respond accordingly.
Pls go through a competent attorney to make sure you respond appropriately....
Thanks for your reply and was RFE similar to mine?
Here is content of RFE:
Exact RFE text is:
1. Software consultants: The evidence indicates that the petitioner is engaged in the business of software development and computer consulting and is seeking the beneficiary�s services as computer programmer/analyst. However, the record does not show whether the petitioner is the actual employer of acting as an agent who arranges short-term employment for workers who are traditionally self-employed. As such, the evidence is insufficient to establish whether a specialty occupation exists for the beneficiary; and whether there was a bonafide job offer at the time of filing. USCIS must examine the ultimate employment of the alien, and determine whether the position qualifies as specialty occupation. Please clarify the petitioner�s employer-employee relationship with the beneficiary and provide evidence as follows:
A. Petitioner as the employer: If the petitioner is the employing entity, it must establish that it will hire, pay, fire, supervise, or otherwise control the work of the beneficiary. Evidence must be provided that establishes a specialty occupation position actually exists at the petitioner�s business location and that there is an employer-employee relationship. If the beneficiary will perform some work for clients outside the petitioner�s work site, evidence must be provided of the conditions of employment.
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
C. Petitioner is an Agent acting as a Representative for Multiple Employers: If the petitioner is acting as the representative for multiple employers, the terms and conditions of the employment for each of those employers must be explained and supported with an itinerary of definite employment. Copies of contracts between the employers and the beneficiary would further substantiate the petitioner�s claim of qualifying employment.
Depending on the petitioner�s employment circumstances, the evidence may include but is not limited to:
a. a description of conditions of employment, such as contracts of letters from authorized officials of the ultimate client companies, listing salary of wages paid, hours worked, benefits, a brief description of who will supervise the beneficiary and their duties, or any other related evidence;
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
c. an itinerary that specifies the dates of each service of engagement, the names and address of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time that the temporary employment is requested;
d. copies of the petitioner�s present and past job vacancy announcements; classified advertisements soliciting for the current position, showing educational requirements, and the conditions of employment;
e. documentary examples of the petitioner�s products or services (e.g. copies of: business plans, reports, presentations, evaluations, recommendations, critical reviews, promotional materials, advertisements, designs, blueprints, newspaper articles, website text, news copy, photographs of prototypes, etc. presented in an 8 - x 11 inch format);
f. documentation of past employment practices showing H-1B employees routinely met conditions of employment, including full or part-time hours, and that the petitioner always fully pay their workers throughout the time periods requested. List of all non-immigrant employees and provide the receipt numbers for their approved petitions (e.g. WAC____).
g. Any other documents of appendices that petitioner feels will substantiate sufficient qualifying employment.
Thanks
I got RFE on this
B. Petitioner as an Agent performing the function of an Employer: If the petitioner is an agent acting as the employer, it must guarantee the wages and other terms and conditions of employment through a contractual agreement with the beneficiary, and provide an itinerary of definite employment. The petitioner must establish that a specialty occupation position actually exists and that the beneficiary�s work will be under the control of the petitioner.
Evidences I provided
================
b. contractual agreements, statements of work, work orders, service agreements letters from authorized officials of the ultimate client companies where the work will actually be performed, that provide a comprehensive description of the beneficiary�s proposed duties;
Note: Providing evidence of work to be performed for other consultants or employment agencies who provide consulting or employment services to other companies may not be sufficient. The evidence should show specialty occupation work with the actual client-company where the work will ultimately be performed.
Looks like they have come up with a standard RFE for every H1 . You need to analyse in which category/categories(A,B,C above) your RFE falls under , and respond accordingly.
Pls go through a competent attorney to make sure you respond appropriately....
more...
optimist
06-22 01:34 PM
...The idea is to have atleast a few solid evidences and then add in the rest but dont clutter the whole thing in a way that they miss the most important ones...
I agree with what thomachan72 says. You are better off sending only the necessary documents to keep your case crisp, instead of confusing the adjudicator with reams of paperwork. I don't think you need to write a letter explaining non-availability of experience letter. I certainly DO NOT recommend bringing up the bond and other disputes with your previous employer.
Like you discovered yourself, your case got an RFE because of the missing document. With all the affidavits, paystubs and offer letter you have a clean case. Don't mess it up by giving too many unncessary documents.
Good luck to you, my friend.
I agree with what thomachan72 says. You are better off sending only the necessary documents to keep your case crisp, instead of confusing the adjudicator with reams of paperwork. I don't think you need to write a letter explaining non-availability of experience letter. I certainly DO NOT recommend bringing up the bond and other disputes with your previous employer.
Like you discovered yourself, your case got an RFE because of the missing document. With all the affidavits, paystubs and offer letter you have a clean case. Don't mess it up by giving too many unncessary documents.
Good luck to you, my friend.
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bandya
05-24 01:08 PM
Fax Sent.
more...
ImmiUser
07-10 08:45 PM
Following intresting info is listed on the immigration-law, wish it is true :)
"There has been going around a rumor lately that the USCIS was internally discussing retreat from the 485 rejection decision. It appears that this rumor probably started from the USCIS HQ order over the Texas Service Center to hold all the July 2007 EB-485 applications abeyanbce and not to return the applications to applicants. Unconfirmed sources indicate that because of the order, the Texas Service Center is not returning the EB-485 applications which have been received since July 2, 2007. However, there is no evidence that the decision is necessarily related to its potential decision to withdraw the rejection decision. At this point, its reasons are completion unknown. Please stay tuned. "
"There has been going around a rumor lately that the USCIS was internally discussing retreat from the 485 rejection decision. It appears that this rumor probably started from the USCIS HQ order over the Texas Service Center to hold all the July 2007 EB-485 applications abeyanbce and not to return the applications to applicants. Unconfirmed sources indicate that because of the order, the Texas Service Center is not returning the EB-485 applications which have been received since July 2, 2007. However, there is no evidence that the decision is necessarily related to its potential decision to withdraw the rejection decision. At this point, its reasons are completion unknown. Please stay tuned. "
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rsdang
06-23 09:40 AM
Kudos to this approach
Team,
What are we getting by getting this update on sate chapter vs. here. If someone wants the link they can get from our signature. Have the state chapter gatekeepers declined anyone? If not then we are really not protecting any information and spliting our audience.
Any comments?
Team,
What are we getting by getting this update on sate chapter vs. here. If someone wants the link they can get from our signature. Have the state chapter gatekeepers declined anyone? If not then we are really not protecting any information and spliting our audience.
Any comments?
more...
abhisam
07-15 01:36 AM
Actions speak louder than words... Lou Dobbs says Microsoft has waged war against the American middleclass by taking the company to Canada. But that hasn't stopped the company from starting a development center in Canada, nor has the company cared to answer Lou Dobbs in a press release or anything. What I am saying is, we should not care about what Lou Dobbs thinks or says on his show. As long as we being here helps grow the American economy, nobody cares about what Lou Dobbs thinks!!!
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ebizash
07-09 06:31 PM
Guys, please start your own thread if you have a specific question and don't hijack my thread.
Thanks
ebizash
Thanks
ebizash
more...
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quiquincho
08-29 10:49 AM
I think the original question could be rephrased as follows:
Will I get an FP notice if my PD is not current?
Would someone answer this question, please?
Will I get an FP notice if my PD is not current?
Would someone answer this question, please?
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snathan
01-26 04:17 PM
If your kids have SSN then you will probably get around 1200, from my guess. I am sure you will not get for your spouse, for lack of SSN.
Every one needs to have SSN to get the stimulas. Otherwise its going to Gandhi's Account.
Every one needs to have SSN to get the stimulas. Otherwise its going to Gandhi's Account.
more...
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tabletpc
09-22 12:58 PM
I am disappointed too....... I think a lot of people are losing hope.........:(
I am one amoung them. Especially after knwoing hourse bill has higher priority than tax payer's immigration issue...!!!
I am one amoung them. Especially after knwoing hourse bill has higher priority than tax payer's immigration issue...!!!
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vgayalu
08-20 01:34 PM
I filed on June 29. Reached on July 2
Signed by Bermeyer.
No receipts are received and no checks are cashed.
Signed by Bermeyer.
No receipts are received and no checks are cashed.
more...
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ras
12-24 10:48 PM
If your PD is prior to Sept 1998 then let everyone know. Let's see how backward the PD stretches to in the IV community.
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Steven-T
February 4th, 2004, 01:38 PM
I There are two problems for me. There can be major magenta fringing at back-lighting and low light conditions (What will happen for shooting one hour before sun rise and after sun set?). You must shoot raw and do significant digital dark room work.
Steven
Missed the most important show stopper, FOR ME. All my current Nikkor primes are no good for this babe. I have to buy the three latest and greatest 2.8 D AF-S ED IF (???) big zoom lenses. With the 14n, the total is $10,000, no change, not even a penny. WOW!!!
Steven
Steven
Missed the most important show stopper, FOR ME. All my current Nikkor primes are no good for this babe. I have to buy the three latest and greatest 2.8 D AF-S ED IF (???) big zoom lenses. With the 14n, the total is $10,000, no change, not even a penny. WOW!!!
Steven
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kode
12-30 10:10 AM
it's not your comp .. I can't see it either
but I voted because I saw lost's entry earlier today
but I voted because I saw lost's entry earlier today
coopheal
04-18 07:10 AM
Update:
The Doctor admitted his mistake.
He completely forgot to mark the TB test earlier.
He was ready to back date to avoid more inconveniance to me.
But I told him to be sincere in all aspects.
I basically forced him to give my wife a TB test again and also the x-ray.
Now the plan is to submit all this information with a nice letter which states that the doctor had forgotten things last time etc etc.
Hopefully they will mark the case as - resume processing.
I also had some issues with my medical exam. Lesson learned is to have civil surgeon verify and double verify
the information entered in the exam.
Best luck to you.
The Doctor admitted his mistake.
He completely forgot to mark the TB test earlier.
He was ready to back date to avoid more inconveniance to me.
But I told him to be sincere in all aspects.
I basically forced him to give my wife a TB test again and also the x-ray.
Now the plan is to submit all this information with a nice letter which states that the doctor had forgotten things last time etc etc.
Hopefully they will mark the case as - resume processing.
I also had some issues with my medical exam. Lesson learned is to have civil surgeon verify and double verify
the information entered in the exam.
Best luck to you.
prince_waiting
10-03 04:44 PM
I guess do something and change all the documents to a single name....It may look a little bit tedious right now but believe me, you don't want more heads spinning.
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