h1techSlave
07-24 09:48 AM
2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.
I think this is the best option, if the Indian citizen has marketiable skills. Non-profits/universities etc. can file for H1, even when quota is exhausted. If the spouse in the US know some one from the non-profit, then trying to file for H1 for spouse is one good option. I know one couple, who went thru that route. I think (I don't know for sure) the husband had to volunteer (he was already here in H4) for a couple of months to prove to the university that he is good. As I understand, you can volunteer for non-profits when you are in H4. Of course they are not going to pay you while in H4.
I think the nitty gritties of these things has to be worked on with a good immigration lawyer.
Cheers,
h1techSlave
I think this is the best option, if the Indian citizen has marketiable skills. Non-profits/universities etc. can file for H1, even when quota is exhausted. If the spouse in the US know some one from the non-profit, then trying to file for H1 for spouse is one good option. I know one couple, who went thru that route. I think (I don't know for sure) the husband had to volunteer (he was already here in H4) for a couple of months to prove to the university that he is good. As I understand, you can volunteer for non-profits when you are in H4. Of course they are not going to pay you while in H4.
I think the nitty gritties of these things has to be worked on with a good immigration lawyer.
Cheers,
h1techSlave
Ramba
03-26 11:42 AM
There is a little chance to overcome this issue. Because of promotion in same occupation classification, one can not upgrade the education requirement to Master degree, if the same occupation required Bachelors degree in junior level. If your employer requested more experience (rather than education), probabaly they may approve the second LC, as it is geneune for asking more experience for senor level.
Now DOL and USCIS is tightening the requirement as everyone is shooting for higher requirement to apply in EB2.
Now DOL and USCIS is tightening the requirement as everyone is shooting for higher requirement to apply in EB2.
roseball
02-25 12:58 PM
I started talking to new employer about my joining and I requested for preparing PERM stuff before I join. This is the only this I want the new employer to do on behalf me before I join with him. The employer said Prevailing Wage determination takes 2 months. And the new employer mentioned that he can not do Prevailing Wage determination without joining. Is this right?
PWD has nothing to do with you joining them. All DOL does in PWD is it assigns a salary range based on the location of the job and the minimum requirements defined for the position. BTW, it is infact taking 2-3 months to get PWD these days.
PWD has nothing to do with you joining them. All DOL does in PWD is it assigns a salary range based on the location of the job and the minimum requirements defined for the position. BTW, it is infact taking 2-3 months to get PWD these days.
gc_bulgaria
10-09 04:59 PM
I agree - the post is a little erroneous. I'll try change it.
Cant change the thread title ... Sorry
Cant change the thread title ... Sorry
more...
for_gc
05-09 12:49 PM
I will like to attend. I will be travelling from Orlando, FL. One person.
cool_desi_gc
09-28 07:18 PM
My name(s) were mispeld as well...My lawyer talked to USCIS and sorted it out.
more...
ram04
10-20 08:43 PM
If your new company is paying the fee use company attorney else stick with old attorney.
Make sure the new attorney is good and capble of handling your case.
I have followed first option in my case which is similar to yours and ofcourse my new corporate attorney is equally good.
Hope this helps to decide further.
Make sure the new attorney is good and capble of handling your case.
I have followed first option in my case which is similar to yours and ofcourse my new corporate attorney is equally good.
Hope this helps to decide further.
stupendousman11
09-24 01:43 PM
EB2 India from NC.
Filed EAD renewal at TSC (my 485, however, is pending at NSC) on Aug 6. RD Aug 7. No LUDs since the notice was issued.
EAD CPO email on 9/23 :)
Wife's EAD (applied together) still pending. No LUDs either.
Filed EAD renewal at TSC (my 485, however, is pending at NSC) on Aug 6. RD Aug 7. No LUDs since the notice was issued.
EAD CPO email on 9/23 :)
Wife's EAD (applied together) still pending. No LUDs either.
more...
jsb
03-26 09:41 AM
security clears of what? Anthrax?
For heaven's sake, those are just text, right? I dont think we can do an attachment..
There are more than 100,000 emails and more than 40,000 paper letters coming to Obama every day. I doubt, if all get acknowledged after somone reads them. Some sort of filtering process has to handle that task. With security I meant, checking on originating IP addresses against their watch-lists, certain words in the text, etc. As per reports, Obams is given some 10 letters (may be some emails) everyday to read.
For heaven's sake, those are just text, right? I dont think we can do an attachment..
There are more than 100,000 emails and more than 40,000 paper letters coming to Obama every day. I doubt, if all get acknowledged after somone reads them. Some sort of filtering process has to handle that task. With security I meant, checking on originating IP addresses against their watch-lists, certain words in the text, etc. As per reports, Obams is given some 10 letters (may be some emails) everyday to read.
sammyb
03-28 04:35 PM
Do they entertain such request - any positive (or negative) experience ... appreciate ... will be in India during May and planning to go for stamping ... mine is a 2006 job change/extension case and was wondering if the I129 made it to the PIMS or not :confused:...
I got this from different website(not sure if I can quote here).
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
I got this from different website(not sure if I can quote here).
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
more...
nashim
04-07 02:35 PM
gcisadawg,
I am unable to answer your question since I do not know, anyway I am also planning to invite my mother-in-law, what are documents required for B-2 visa? Do I need to send original birth certificate? Thanks
I am unable to answer your question since I do not know, anyway I am also planning to invite my mother-in-law, what are documents required for B-2 visa? Do I need to send original birth certificate? Thanks
DSLStart
07-28 09:53 PM
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On July 23, 2009, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
[
QUOTE=seeking_GC;560723]This is the content of the email I received.
Receipt Number: WACXXXXXXXXXXX
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On July 28, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
=========================
DSLStart can you please post the contents of the email you received?[/QUOTE]
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On July 23, 2009, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
[
QUOTE=seeking_GC;560723]This is the content of the email I received.
Receipt Number: WACXXXXXXXXXXX
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Case Transfered to Another Office for Processing
On July 28, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
=========================
DSLStart can you please post the contents of the email you received?[/QUOTE]
more...
cris
08-30 09:42 AM
first of all let me thank you very much for your quick inputs
I have a H1B stamp which , as I said, expires march 01/2007 .
The lawyer will fill for extension first week of september .
Maybe, the application will be pending for 1, 2 months ( is not Premium Processing ) .
During this period, can I travel outside USA ? I read some comments stating that petition will be withdrawn if I do so . Maybe is just a confusion .
It will be great to clarify this issue for me . I know you guys are professionals in immigration issues
thank you
I have a H1B stamp which , as I said, expires march 01/2007 .
The lawyer will fill for extension first week of september .
Maybe, the application will be pending for 1, 2 months ( is not Premium Processing ) .
During this period, can I travel outside USA ? I read some comments stating that petition will be withdrawn if I do so . Maybe is just a confusion .
It will be great to clarify this issue for me . I know you guys are professionals in immigration issues
thank you
martinvisalaw
06-16 10:23 AM
I have a quick question though it is not related to family petition.
what happens in this case ...you have a EAD valid for 2 years, say till Sept 2011. few months from now, 485 is denied for whatever reason.
does the EAD become null and void or can you still use EAD till 2011 ? (I know we can file MTR etc).
In other words, I wanted to know, what happens to EAD if GC is denied (in final judgement).
Thanks
When CIS denies a 485 they almost always immediately revoke any accompanying EAD and Advance Parole.
what happens in this case ...you have a EAD valid for 2 years, say till Sept 2011. few months from now, 485 is denied for whatever reason.
does the EAD become null and void or can you still use EAD till 2011 ? (I know we can file MTR etc).
In other words, I wanted to know, what happens to EAD if GC is denied (in final judgement).
Thanks
When CIS denies a 485 they almost always immediately revoke any accompanying EAD and Advance Parole.
more...
sanjeev_2004
10-04 02:03 PM
Saeed,
I 140 can processed through premioum process from last week.
Can you tell what was state of filing your GC labor. My company filed from IL in july 2004 in EB2-RIR case. My Labor is still in process. Though I got 45 days latter in March.
sanjeev
I 140 can processed through premioum process from last week.
Can you tell what was state of filing your GC labor. My company filed from IL in july 2004 in EB2-RIR case. My Labor is still in process. Though I got 45 days latter in March.
sanjeev
ashkam
11-26 01:16 PM
Hi Guys,
I am an EB category GC applicant. I am living in US on AOS pending status and working on EAD. I don't have any other legal status in US. My previous H1 expired long back. I also changed my company after filing I-485.
I am thinking of visiting India now. I will be carrying my I-485 receipt and my AP for this travel. My question is, can I face any difficulty while boarding a flight in India since I do not have any valid visa stamp for US in my passport? If I remember well the immigration counter in India also verifies a person's visa before letting him/her proceed on the journey.
Also, can anybody foresee any problems while reentering at the US immigration checkpoint in such a case?
Can somebody who traveled outside US on just I-485 receipt and AP share their experience with me?
You don't even need the I-485 receipt. Just the AP is enough. However, what you do need to check for is if the airline you're boarding has a changeover stop and if you need a transit visa because many airlines like BA require a transit visa if you're entering the US on an AP.
I am an EB category GC applicant. I am living in US on AOS pending status and working on EAD. I don't have any other legal status in US. My previous H1 expired long back. I also changed my company after filing I-485.
I am thinking of visiting India now. I will be carrying my I-485 receipt and my AP for this travel. My question is, can I face any difficulty while boarding a flight in India since I do not have any valid visa stamp for US in my passport? If I remember well the immigration counter in India also verifies a person's visa before letting him/her proceed on the journey.
Also, can anybody foresee any problems while reentering at the US immigration checkpoint in such a case?
Can somebody who traveled outside US on just I-485 receipt and AP share their experience with me?
You don't even need the I-485 receipt. Just the AP is enough. However, what you do need to check for is if the airline you're boarding has a changeover stop and if you need a transit visa because many airlines like BA require a transit visa if you're entering the US on an AP.
more...
vactorboy29
03-12 11:41 PM
Congratulations!
chanukya
05-17 10:35 PM
I think, if you are US Masters/above plus if you are a member of profession, then you are the luckiest person on earth...
1) Need not File LC
2)U R not counted against the Quota
A hypothetical case where it may not work
But if your are a US-MS Electrical Eng and working as Tech Lead in IT, you do not qualify for this, as Tech Lead for IT may require US MS Comp Science not US-MS Elect Eng....since you do not qualify as memeber of profession.
In which case you need to file LC, which anyway will be a problem becasue of the misamatch of the profession and your qualification.
So for those kind of mismatches it will be really difficult to justify releif under this clause.
1) Need not File LC
2)U R not counted against the Quota
A hypothetical case where it may not work
But if your are a US-MS Electrical Eng and working as Tech Lead in IT, you do not qualify for this, as Tech Lead for IT may require US MS Comp Science not US-MS Elect Eng....since you do not qualify as memeber of profession.
In which case you need to file LC, which anyway will be a problem becasue of the misamatch of the profession and your qualification.
So for those kind of mismatches it will be really difficult to justify releif under this clause.
GC_LOOKIN
05-08 11:27 PM
I think if iam not wrong its not based of the priority date or anything else. Its just random
we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..
we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..
dreamgc_real
12-06 02:06 PM
Dream Act is a moral issue and being fair to the kids who have made this country their own.
Recapture - Legal immigrants who lost visa numbers due to bureaucratic mistakes, should not be punished. Most of the people seeking recapture have followed every law written in the books and this too is a moral issue - to be fair to the people who did everything right.
Granted, both the dream act students and eb immigrants are in the mess, and it needs to be fixed. The only difference is that the Dream kids have been more vocal and active in getting people to back their issue than we have done.
Recapture - Legal immigrants who lost visa numbers due to bureaucratic mistakes, should not be punished. Most of the people seeking recapture have followed every law written in the books and this too is a moral issue - to be fair to the people who did everything right.
Granted, both the dream act students and eb immigrants are in the mess, and it needs to be fixed. The only difference is that the Dream kids have been more vocal and active in getting people to back their issue than we have done.
ntpatil
04-26 05:17 PM
Thanks UKannan,
That is the first thing I did and the cust rep said it is 1 bag, moreover, she said talk to your travel agent.
Also, it is different to hear from cust rep and then get the actual experience in front of the check-in staff. Hence I was asking recent experiences here.
Please don't get me wrong, but traveling with 2 toddlers, the last thing I want is baggage hassle.
That is the first thing I did and the cust rep said it is 1 bag, moreover, she said talk to your travel agent.
Also, it is different to hear from cust rep and then get the actual experience in front of the check-in staff. Hence I was asking recent experiences here.
Please don't get me wrong, but traveling with 2 toddlers, the last thing I want is baggage hassle.
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