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vdlrao
06-01 09:26 PM
labor certificate for gc application and LCA for H1 are two different things. labor certificate for gc application is for a future job and employer is certifying that they will pay you per gc labor certificate once you get your gc and has nothing to do with h1 LCA.
really good information.
really good information.
Oasis52
05-16 08:37 AM
Hi
Thanks for the replies
Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:
You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.
If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.
My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?
Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?
Thanks for the replies
Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:
You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.
If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.
My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?
Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?
jungalee43
12-23 12:29 PM
I must travel to India due to family emergency. My AP is valid for next five months. But just 1 week ago we changed our residence and now I have a family emergency. So my current address is different than that on the AP. I have updated my address online AR-11and have a confirmation document with both the addresses. I will clear immigration at JFK. Would this addres change create any problem? Has anyone gone through similar situation? The new adress is in the same state, just 4 miles from previous address, but city and zip is changed. No employer change.
Sakthisagar
10-20 12:01 PM
Not understanding why can't any Democratic Pro-immigrant Senator reply to these kind of ignorant blaberrings and order USCIS to act as per LAW? How this grassley gets USCIS internal draft memo! need to inverstigate.
more...
paskal
11-05 10:54 PM
The following are not counted against H1b caps as far as i know, the list may not be complete:
existing visa-transfer jobs
employees of not for profit entities
University employees
J-1 doctors starting an underserved area job
existing visa-transfer jobs
employees of not for profit entities
University employees
J-1 doctors starting an underserved area job
shirish
10-04 11:24 AM
Received RN for EAD and AP for all three of us. (NO EAD for son :) as did not apply) yesterday
PD - sept 05 EB2 India-
I140 - Approved Apr 2006
I-485,AP,EAD - reached NSC on July 27th 07
485- RN - Not received
EAD - RN - received - ND - sept 27th 07 - EAC XXXXXXX
AP - RN - received - ND - sept 27th 07 - EAC XXXXXXX
Hope every will get it soon.
PD - sept 05 EB2 India-
I140 - Approved Apr 2006
I-485,AP,EAD - reached NSC on July 27th 07
485- RN - Not received
EAD - RN - received - ND - sept 27th 07 - EAC XXXXXXX
AP - RN - received - ND - sept 27th 07 - EAC XXXXXXX
Hope every will get it soon.
more...
sujitp@gmail.com
10-05 03:44 PM
Please delete this post
santb1975
07-09 11:22 AM
IV is all of us in here. If we want an issue of ours to be resolved we need to take the lead and be willing to do the Ground work and be consistent with what we are trying to accomplish. Core members are always available to provide guidance
CP Filed at Mumbai Embassy - India
PD: Oct 2003
I would suggest to start a separate thread to know who are CP filers in the forum and then we can have a conf with IV to discuss what needs to be done. We can also send the private message to each to share our contact info.
CP Filed at Mumbai Embassy - India
PD: Oct 2003
I would suggest to start a separate thread to know who are CP filers in the forum and then we can have a conf with IV to discuss what needs to be done. We can also send the private message to each to share our contact info.
more...
jettu77
03-12 10:22 AM
Congratulations!
kanaihya
09-26 05:32 PM
I called the lady IO to get the RN but no luck ..90 days wait ..go to sleep mode ..
more...
jgh_res
04-16 07:42 AM
existing thread:
http://immigrationvoice.org/forum/showthread.php?t=19011
All:
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
http://immigrationvoice.org/forum/showthread.php?t=19011
All:
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
rajeshalex
10-14 02:19 PM
Its better to take it from India. Check with ur travel agent.
Also note that pre existing conditions are not covered in most of the insurance plans.
Rajesh
Also note that pre existing conditions are not covered in most of the insurance plans.
Rajesh
more...
shaikhshehzadali
07-11 11:35 AM
No big deal man...mine was approved in 2 days from NSC..;)
vshivaji
09-26 02:01 PM
Even i got the Section: UNKNOWN thing from NSC. My 140 approved on MAY 2007, But online case status is still showing case pending, Is it because of this?
more...
WaldenPond
06-29 09:04 AM
Hello jkays94,
Excellent post. The fear of some kind of retribution due to association or participation in standing up to put forward our grievances is something that has, in some way effected every effort for making the change. And often times, this fear is based on lack of knowledge of the system and law.
A friend of mine had sent the information about a book ‘Democracy in America’. And if I may quote from that book -
“In no country in the world has the principle of association been more successfully used, or more unsparingly applied to a multitude of different objects, than in America.”
“The most natural privilege of man, next to the right of acting for himself, is that of combining his exertions with those of his fellow-creatures, and of acting in common with them. I am therefore led to conclude that the right of association is almost as inalienable as the right of personal liberty.”
At the same time, the fear of retribution for some of the members is well understood as we all have families and responsibilities. And everybody’s perception on the level of risk involved and the capacity to take the risk for a cause/purpose is different. We ought to overcome our fears as this is a just cause and we are petitioning to bring back the fairness to the system. The system was never designed or intended to work in a way where it takes 6-12 years for people to get their employment based green cards. And as you rightly pointed out, CIR presents us all with the opportunity to fix the problem. I have lot of respect for Randallemery, who is a born citizen of US and continues to help us in this just cause.
Thank you Randallemery.
WaldenPond
Excellent post. The fear of some kind of retribution due to association or participation in standing up to put forward our grievances is something that has, in some way effected every effort for making the change. And often times, this fear is based on lack of knowledge of the system and law.
A friend of mine had sent the information about a book ‘Democracy in America’. And if I may quote from that book -
“In no country in the world has the principle of association been more successfully used, or more unsparingly applied to a multitude of different objects, than in America.”
“The most natural privilege of man, next to the right of acting for himself, is that of combining his exertions with those of his fellow-creatures, and of acting in common with them. I am therefore led to conclude that the right of association is almost as inalienable as the right of personal liberty.”
At the same time, the fear of retribution for some of the members is well understood as we all have families and responsibilities. And everybody’s perception on the level of risk involved and the capacity to take the risk for a cause/purpose is different. We ought to overcome our fears as this is a just cause and we are petitioning to bring back the fairness to the system. The system was never designed or intended to work in a way where it takes 6-12 years for people to get their employment based green cards. And as you rightly pointed out, CIR presents us all with the opportunity to fix the problem. I have lot of respect for Randallemery, who is a born citizen of US and continues to help us in this just cause.
Thank you Randallemery.
WaldenPond
rdoib
07-23 10:36 PM
with a GC already fatest option might be to go to Mahabaleshwar for some honeymoon:)
more...
greenlight
02-18 05:02 PM
go to USCIS cases status page and create an online profile. Then you can add any immigration cases by case number to your protfolio. Once you do that, you can see the Last Updated date everytime you login. Everytime you get status change on your case, the LUD will change. But sometimes, LUD will change without any visible change on your status (known as "soft LUD").
Soft LUD can happen due to routine processing of your case (for example, they update results on FBI namecheck, fingerprint, etc.) or could be generated completely randomly due to general system updates. So LUDs should be taken with a grain of salt.
Hopefully that is a complete glossary of everything LUD.
Thank you very much!
Soft LUD can happen due to routine processing of your case (for example, they update results on FBI namecheck, fingerprint, etc.) or could be generated completely randomly due to general system updates. So LUDs should be taken with a grain of salt.
Hopefully that is a complete glossary of everything LUD.
Thank you very much!
onemoredesi
06-21 10:53 AM
In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
Abhijit,
This happened to a very close friend of mine a couple of years ago when he was in hi 6th year. He luckily found a labor substitution at that time and was able to immediately file.
I-140 is probably most important of the entire green card process.. it is what proves the employer's capability to pay the prospective employee.
To your question, if I-140 is rejected, your entire application is denied.. I-485 is immediately nullified.
You might want to talk to your attorney if you have the slightest of the doubts..
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
Abhijit,
This happened to a very close friend of mine a couple of years ago when he was in hi 6th year. He luckily found a labor substitution at that time and was able to immediately file.
I-140 is probably most important of the entire green card process.. it is what proves the employer's capability to pay the prospective employee.
To your question, if I-140 is rejected, your entire application is denied.. I-485 is immediately nullified.
You might want to talk to your attorney if you have the slightest of the doubts..
thomachan72
03-07 10:33 AM
Good post but we need more information.
How many members does IV have in total?
What % out of that total has not filed 485 yet?
Only if we know these two can we say that you need 5000 to go ahead with this plan.
I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
1200 seems to be a good number.
?
How many members does IV have in total?
What % out of that total has not filed 485 yet?
Only if we know these two can we say that you need 5000 to go ahead with this plan.
I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
1200 seems to be a good number.
?
punjabi
08-13 11:12 AM
I personally think we should try to encourage new people to open new threads, and not discourage them. This way, they also get a feeling like they own ImmigrationVoice and they are the part of it.
Unless there is already an active thread, we should not mind if someone opens a new thread!
Unless there is already an active thread, we should not mind if someone opens a new thread!
illusions
03-12 10:23 AM
After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
Congrats, yup i have seen others with the same in some forums where the online status shows pending but the case is approved.
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
Congrats, yup i have seen others with the same in some forums where the online status shows pending but the case is approved.
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