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FrankZulu
06-25 11:52 PM
PERM EB2 India
PD:Feb 2006
I-140 Approved
BEC EB2 from same company
PD: Dec 2004
Just approved today
I am applying I-485 on July 2nd based on approved I-140 PD Feb 2006
as I don't want to take chance with refiling I-140 for PD Dec 2004.
In future can I apply I-140 for labor with PD Dec 2004 & on approval can I switch the
PD for my pending I-485 if dates are current for that PD?
Gurus below is an article on Murthy's site Posted in Jul 2000 which is related to the question I had above.
http://www.murthy.com/news/UDpen485.html
According to the year 2000 INS memorandum about procedures for substituting a new I-140 (employment-based petition) approval in a pending employment-based adjustment case
"The rules are generally straightforward in the employment-based context. The regulations clearly states that if a person is the beneficiary of multiple I-140 approvals, s/he is entitled to the earliest priority date."
Anybody please advice if this is still true and based on that
for pending I-485 can PD be transfered in the same category(EB2) once my second I-140 with better priority date is approved?
PD:Feb 2006
I-140 Approved
BEC EB2 from same company
PD: Dec 2004
Just approved today
I am applying I-485 on July 2nd based on approved I-140 PD Feb 2006
as I don't want to take chance with refiling I-140 for PD Dec 2004.
In future can I apply I-140 for labor with PD Dec 2004 & on approval can I switch the
PD for my pending I-485 if dates are current for that PD?
Gurus below is an article on Murthy's site Posted in Jul 2000 which is related to the question I had above.
http://www.murthy.com/news/UDpen485.html
According to the year 2000 INS memorandum about procedures for substituting a new I-140 (employment-based petition) approval in a pending employment-based adjustment case
"The rules are generally straightforward in the employment-based context. The regulations clearly states that if a person is the beneficiary of multiple I-140 approvals, s/he is entitled to the earliest priority date."
Anybody please advice if this is still true and based on that
for pending I-485 can PD be transfered in the same category(EB2) once my second I-140 with better priority date is approved?
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delhiguy79
03-05 09:31 AM
Hi guys,
I am about to leave my employer and I want to withdraw my set (with wife derivative). Can you please help me with the procedure? And is it safe to leave the employer without effecting the other set where my wife is primary applicant and me as derivative.
Thanks in advance.
I am about to leave my employer and I want to withdraw my set (with wife derivative). Can you please help me with the procedure? And is it safe to leave the employer without effecting the other set where my wife is primary applicant and me as derivative.
Thanks in advance.
gc_on_demand
09-16 12:15 PM
There are some positive news regarding this bills.
(1) As some one mentioned despite tight dead line and pressure for Energy bill House committe is attempting to Markup bill which tells lot. They must have seen light at end of tunnel so they are taking risk. They will not touch if chances are less than 99 % becasue there are lots of bills pending needs action.
(2) As per NumberUSA Senate leader is doing some thing in back door. Means there must be deal going on between dems and some reps to pass Everify- recapture bill before end of sep.
(3) Last time when (9/10 ) when bill was about to discuss NumberUSA has big RED bar for action iteam . This time it is coming back and with no of co-sponser / favor increase , number USA is missing that red bar. Means they have accepted that bill will pass.
See first post by papau.. No of favor / cosponser are more now. So our calling is working.. There are some lawmakers that we need to focus. Spe. reps . Please call to them and once you think you are done and have little time call Those 3 anti lawmakers. I think we will see some light tomorrow.
(1) As some one mentioned despite tight dead line and pressure for Energy bill House committe is attempting to Markup bill which tells lot. They must have seen light at end of tunnel so they are taking risk. They will not touch if chances are less than 99 % becasue there are lots of bills pending needs action.
(2) As per NumberUSA Senate leader is doing some thing in back door. Means there must be deal going on between dems and some reps to pass Everify- recapture bill before end of sep.
(3) Last time when (9/10 ) when bill was about to discuss NumberUSA has big RED bar for action iteam . This time it is coming back and with no of co-sponser / favor increase , number USA is missing that red bar. Means they have accepted that bill will pass.
See first post by papau.. No of favor / cosponser are more now. So our calling is working.. There are some lawmakers that we need to focus. Spe. reps . Please call to them and once you think you are done and have little time call Those 3 anti lawmakers. I think we will see some light tomorrow.
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asanghi
01-24 01:18 PM
Why don't you use direct flights to India. There is Continental from NY & American from Chicago to Delhi everyday. If you directly book from their websites, the prices are quite reasonable. At least American I know also serves Asian Vegetarian (meant for Indian veggies) food.
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darslee
07-10 11:37 PM
Wow! I am so happy that the flowers brought such joy! And we made our point.
pop
01-20 08:40 AM
Because you still need a visa to enter the USA (though you have an H-1B approval) and application for the visa abroad is not always easy.
more...
vxg
06-20 10:49 PM
Folks,
My wife was stuck in namecheck during the H-4 stamping 3 years back. She gave full FP and got cleared in 6 weeks. Question i have is that i will be filing I-485 in July so is there a chance that she will be stuck in I-485 Name check as well? Anyone with experience? Also, if she get's stuck and I am cleared does the application get's stuck completely?
My wife was stuck in namecheck during the H-4 stamping 3 years back. She gave full FP and got cleared in 6 weeks. Question i have is that i will be filing I-485 in July so is there a chance that she will be stuck in I-485 Name check as well? Anyone with experience? Also, if she get's stuck and I am cleared does the application get's stuck completely?
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chanduv23
06-12 04:41 PM
My piece of advice -
I see that a lot of people are not happy about L1 visa holders replacing them or their collegues because the sponsering company is either not following the law or found a loophole.
It is natural to get angry and frustrated. But I would suggest - not to be insensitive to those people as it is not their fault. Treat them well and good and help them understand what it is and why are you concerned.
Do a proper assessemt on what exactly the issue is and definitely help ourselves to make sure fraud is not being committed.
I see that a lot of people are not happy about L1 visa holders replacing them or their collegues because the sponsering company is either not following the law or found a loophole.
It is natural to get angry and frustrated. But I would suggest - not to be insensitive to those people as it is not their fault. Treat them well and good and help them understand what it is and why are you concerned.
Do a proper assessemt on what exactly the issue is and definitely help ourselves to make sure fraud is not being committed.
more...
niklshah
08-20 12:14 PM
one question?? does it need high speed cable or DSL can work too???
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baburob2
01-07 04:46 PM
Here is a summary of the bills, their bill numbers and the Sections:
Sen. Chuck Hagel's Bill (Section 202 of S. 1918)
-High-tech workers who have worked in the U.S. for 3 years would be allowed to adjust to permanent resident status without regard to the annual employment-based immigrant visa cap of 140,000.
-The spouses and children of immigrant workers would also be allowed to adjust status without regard to this cap.
McCain/Kennedy Bill (Sections 601 and 602 of S. 1033)
-Increases quota on EB immigrants to 290,000 to alleviate retrogression
-Recapture unused visas between 2001 and 2005
-Increase the per country limit from 7% to 10%
Cornyn/Kyle Bill (Sections 1001 and 1002 of S. 1438)
-Recapture of the unused visas between 2001 through 2005
-Removal of diversity visa and reallocation of these. Since this is mentioned under EB, the implication seems to be reallocation to EB but am not sure.
-Increase of the country limit from 7% to 10%
It is understood that there would be a merging of these to make the final comprehensive immigration bill
Added to the above Senator Arlen Specter's bill is a good bill:
Sen. Arlen Specter (R-Pa.) Introduces Largest Immigration Increase in U.S. History
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Send this article to a friend!
Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) needed the assistance of the White House in early 2005 to overcome opposition within his own party to his chairmanship. In late November, Specter repaid the Bush Administration by unveiling draft legislation that would bring about a massive increase in government- mandated immigration to the U.S.
President Bush, in his immigration address on November 28, pledged to work for an increase in the number of green cards issued each year and stated his intent to work with Sen. Specter to bring it about. Specter�s draft legislation would send government mandated immigration levels into the 2 million-a-year range.
Under Specter�s draft legislation, the cap on family-preference immigration would be increased by 254,000 visas annually and hundreds of thousands of additional relatives would be exempted from annual limits. In addition, Specter proposes raising the cap on employment-based immigration by 150,000 a year, and allocating any unused visas to other preference categories.
If enacted, Specter�s legislation would mandate the largest increase in immigration in this nation�s history. Moreover, according to FAIR�s analysis, such legislation would fuel the demand for still higher levels of immigration as more extended family members line up to follow an ever-growing number of immigrants streaming into our country.
1/06
Sen. Chuck Hagel's Bill (Section 202 of S. 1918)
-High-tech workers who have worked in the U.S. for 3 years would be allowed to adjust to permanent resident status without regard to the annual employment-based immigrant visa cap of 140,000.
-The spouses and children of immigrant workers would also be allowed to adjust status without regard to this cap.
McCain/Kennedy Bill (Sections 601 and 602 of S. 1033)
-Increases quota on EB immigrants to 290,000 to alleviate retrogression
-Recapture unused visas between 2001 and 2005
-Increase the per country limit from 7% to 10%
Cornyn/Kyle Bill (Sections 1001 and 1002 of S. 1438)
-Recapture of the unused visas between 2001 through 2005
-Removal of diversity visa and reallocation of these. Since this is mentioned under EB, the implication seems to be reallocation to EB but am not sure.
-Increase of the country limit from 7% to 10%
It is understood that there would be a merging of these to make the final comprehensive immigration bill
Added to the above Senator Arlen Specter's bill is a good bill:
Sen. Arlen Specter (R-Pa.) Introduces Largest Immigration Increase in U.S. History
Printer-Friendly Version
Send this article to a friend!
Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) needed the assistance of the White House in early 2005 to overcome opposition within his own party to his chairmanship. In late November, Specter repaid the Bush Administration by unveiling draft legislation that would bring about a massive increase in government- mandated immigration to the U.S.
President Bush, in his immigration address on November 28, pledged to work for an increase in the number of green cards issued each year and stated his intent to work with Sen. Specter to bring it about. Specter�s draft legislation would send government mandated immigration levels into the 2 million-a-year range.
Under Specter�s draft legislation, the cap on family-preference immigration would be increased by 254,000 visas annually and hundreds of thousands of additional relatives would be exempted from annual limits. In addition, Specter proposes raising the cap on employment-based immigration by 150,000 a year, and allocating any unused visas to other preference categories.
If enacted, Specter�s legislation would mandate the largest increase in immigration in this nation�s history. Moreover, according to FAIR�s analysis, such legislation would fuel the demand for still higher levels of immigration as more extended family members line up to follow an ever-growing number of immigrants streaming into our country.
1/06
more...
Saralayar
01-09 01:43 PM
Core IV can consolidate the valueable points like this for the argument.
There is a rumor that Obama is considering Citizenship for people who have paid Income Tax for a certain period. Core is it possible to dig more on this and find if it is just a rumor?
There is a rumor that Obama is considering Citizenship for people who have paid Income Tax for a certain period. Core is it possible to dig more on this and find if it is just a rumor?
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Imigrait
11-22 10:25 PM
sledge hammer ...... less "hathoda" please.
Punjabi, foreclosure is legal in the US. If necessary, you've gotto go for it. Others on this thread have given good advice. Especially, figure out what the downsides of foreclosure is. Just figure out if it will be difficult to rent in the future if you declare foreclosure. Rest, do what is financially good for you. Hope things work out for you.
Punjabi, foreclosure is legal in the US. If necessary, you've gotto go for it. Others on this thread have given good advice. Especially, figure out what the downsides of foreclosure is. Just figure out if it will be difficult to rent in the future if you declare foreclosure. Rest, do what is financially good for you. Hope things work out for you.
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kumarc123
08-07 11:52 AM
Man...looks like you will turn anti-immigrant once you get US citizenship.
Whats your real problem?
HAHa:)
Good one
Whats your real problem?
HAHa:)
Good one
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whitecollarslave
03-26 05:43 PM
I dont know of any link to a particular publication, but I thought it was a common knowledge that the whole point of labor certification process, is for the DOL to monitor that a potential US worker (I thought it meant US Citizen but may be not), is not being displaced by a foreign worker. To be clear here though, the DOL does not prevent an employer from going ahead and sponsoring an H1B and hiring a foreign employee. But DOL is legally directed to reject such labor applications.
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
There are no loopholes. I do not find anything that explicitly states that a US citizen should be given preference over GC or other immigrants. On the contrary, the employment laws explicitly prohibits discrimination based on nationality and immigration status. The whole point of PERM is to protect the "US worker", not just US citizen. See the following -
http://www.murthy.com/news/n_permfl.html
http://www.ailc.com/perm-labor-certification.htm
http://www.foreignlaborcert.doleta.gov/perm.cfm
http://www.dol.gov/dol/allcfr/eta/title_20/part_656/20CFR656.3.htm
They all refer to "US worker" not "US Citizen". I do not see any reason to panic over this.
For the purposes of PERM, the employer only needs to know whether the candidate is legally authorized to work in the US. They do not need to know if the person has a green card or is a citizen or a refugee, etc.
HOWEVER, I am not able to find a concrete definition of a "U.S worker". I am not able to conclusively determine if a person in AOS using EAD falls under the umbrella of a "U.S. Worker" as defined by the law. I would think it would, since somebody on EAD is not just specific to EB immigrants. It applies to FB, refugees, agricultural workers, and a whole bunch of other immigrants.
So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?
Though this is applicable only for H1B hiring and subsequent filing of GC process for such an employee, I am wondering whether there is any loophole in DOL's directives that might provide a cover for employers to enquire whether a propective employee is US Citizens are not.... Especailly in the PERM process don't they have to do active recruiting efforts and gather statiscis that they tried to hire US citizens ..?? How can an employer gather statistics if they didn't ask for work authorization related details....?
May be due to possible loopholes in such laws...they are able to take it a step further and enquiring about the kind of work authorization a candidate possesses!
There are no loopholes. I do not find anything that explicitly states that a US citizen should be given preference over GC or other immigrants. On the contrary, the employment laws explicitly prohibits discrimination based on nationality and immigration status. The whole point of PERM is to protect the "US worker", not just US citizen. See the following -
http://www.murthy.com/news/n_permfl.html
http://www.ailc.com/perm-labor-certification.htm
http://www.foreignlaborcert.doleta.gov/perm.cfm
http://www.dol.gov/dol/allcfr/eta/title_20/part_656/20CFR656.3.htm
They all refer to "US worker" not "US Citizen". I do not see any reason to panic over this.
For the purposes of PERM, the employer only needs to know whether the candidate is legally authorized to work in the US. They do not need to know if the person has a green card or is a citizen or a refugee, etc.
HOWEVER, I am not able to find a concrete definition of a "U.S worker". I am not able to conclusively determine if a person in AOS using EAD falls under the umbrella of a "U.S. Worker" as defined by the law. I would think it would, since somebody on EAD is not just specific to EB immigrants. It applies to FB, refugees, agricultural workers, and a whole bunch of other immigrants.
So, I guess it all boils down to what is the legal status of somebody who has 485 pending, EAD, and AP? At that point you are no longer on H-1B. Is this status covered in the definition of a "U.S. worker"? ... Anybody?
more...
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appas123
08-16 12:06 PM
We received the snail mail welcome notice today after receiving the email ADIT stuff last Tuesday (August 10). That makes it five business days. On the notice it says that we should receive our permanent resident card within three weeks. Anybody who actually received it within three weeks?
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needhelp!
01-08 04:21 PM
Got email back, my company will send on their letter head.
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rcr_bulk
08-21 05:20 PM
I wont switch to vonage because i dont make much phone calls. Try to use google talk to cut expenses.
Hows Airtel 1c plan? Is the call quality and connection good ?
Thanks
I recharged my account 10 days back at aitell 9.99 for 600 mins valid for 45 days. Today not allowing to make call due to insufficient balance. From the call history on their website, I only used 300+ minutes after recharge. I got doubt and looked all my recharges and usage from last 3 months. They are giving less minutes than advertisements on their website. I called to check with them today and customer service number is always busy. Any body using Airtel check your account history.
Hows Airtel 1c plan? Is the call quality and connection good ?
Thanks
I recharged my account 10 days back at aitell 9.99 for 600 mins valid for 45 days. Today not allowing to make call due to insufficient balance. From the call history on their website, I only used 300+ minutes after recharge. I got doubt and looked all my recharges and usage from last 3 months. They are giving less minutes than advertisements on their website. I called to check with them today and customer service number is always busy. Any body using Airtel check your account history.
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franklin
07-09 09:01 PM
Seriously guys you would be taking a chance as to who they make fun of and even if they do choose Emilio Gonzalez it wont be sending the right message. I'm South African so I have no experience, but surely this isn't what the Gandhigiri message was all about anyway.
Do you know who Jon Stewart and Steven Colbert are? Have you any idea what their political stance is?! I am assuming not.:cool:
To respond to Smitha regarding reluctance to protest. It is perfectly legal to peacefully protest. In fact, it is a right.
One could even argue that the reason America is politically the way it is, is that the government is not afraid of it's citizens, and the power that they have if they wielded it correctly in the true democratic fashion.
If no one protests, nothing changes. You have to fight for what you believe in.
Are you sure you want to leave, its sounds like you'd fit right in!
Do you know who Jon Stewart and Steven Colbert are? Have you any idea what their political stance is?! I am assuming not.:cool:
To respond to Smitha regarding reluctance to protest. It is perfectly legal to peacefully protest. In fact, it is a right.
One could even argue that the reason America is politically the way it is, is that the government is not afraid of it's citizens, and the power that they have if they wielded it correctly in the true democratic fashion.
If no one protests, nothing changes. You have to fight for what you believe in.
Are you sure you want to leave, its sounds like you'd fit right in!
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gangadhargs
11-08 04:54 PM
I also sent the letters. Just now received a standard form reply which asks me to go to uscis.gov or call the customer service center if I have any questions about my case. It seems that they did not realize that the letter I sent was not about "my" case but about an issue that is affecting everybody. It seems like they did not even read our letters!!
saileshdude
09-20 12:15 PM
Hi ski_dude,
I also received response to SR for me and my spouse that our cases are under review and allow them 60 days. Did you send an e-mail to TSC after you received the response to SR or before. Also what did you write to them in the e-mail. If you can share that would be great. I am still waiting after becoming current in Sept.
I received a similar response to the 2nd SR. I was told that my case was under additional review and to allow them 60 days. However, my wife's case had been assigned to an officer for review.
Did you send an email to TSC.Ncscfollowup@dhs.gov (for TSC - another email for NSC). I had no clue where my application was when even 2006 cases were getting approved. I am seeing some movement after emailing them.
I also received response to SR for me and my spouse that our cases are under review and allow them 60 days. Did you send an e-mail to TSC after you received the response to SR or before. Also what did you write to them in the e-mail. If you can share that would be great. I am still waiting after becoming current in Sept.
I received a similar response to the 2nd SR. I was told that my case was under additional review and to allow them 60 days. However, my wife's case had been assigned to an officer for review.
Did you send an email to TSC.Ncscfollowup@dhs.gov (for TSC - another email for NSC). I had no clue where my application was when even 2006 cases were getting approved. I am seeing some movement after emailing them.
GCOP
09-15 12:33 PM
I already have called all the members of House Judiciary Committee. Some of them, I called second time last Friday.
On the Senate side, I just called Senator Harry Reid's Office to convey the message to Support " Visa Recapture Bill ".
Senator Harry Reid, Senate Majority Leader's Phone Number is :
202-224-3542.
On the Senate side, I just called Senator Harry Reid's Office to convey the message to Support " Visa Recapture Bill ".
Senator Harry Reid, Senate Majority Leader's Phone Number is :
202-224-3542.
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