gc_kaavaali
12-24 01:23 PM
Congratulations to everyone!!!...Nothing is impossible if we are united..
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lunar
07-21 08:38 AM
Normally my wife is the one who is used to post or follow up on the latest here.
This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.
Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.
Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.
Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.
One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.
Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.
Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.
Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.
One other point the fragomen lawyer said is - this is going to be the case for all thier clients.
roseball
05-14 05:20 PM
Please review my ETA 9089, it must fit EB2.
H.3. Job title: SENIOR SOFTWARE ENGINEER
H.4. Education: minimum level required: MASTER'S
H.4-B. Major field of study: COMPUTER SCIENCE
H.5. Is training required in the job opportunity? NO
H.6. Is experience in the job offered required for the job? YES
H.6-A. If Yes, number of months experience required: 12
7. Is there an alternate field of study that is acceptable? NO
H.8. Is there an alternate combination of education and experience that is acceptable? NO
H.11. Job duties:
Analyze, design, coordinate and supervise the development of software systems.....
Design and develop programming systems making specific determinations....
Responsible for development of new programs, analyzes...
Responsible for analysis of current programs including performance�.
Review and repair legacy code�.
H.12. Are the job opportunity's requirements normal for the occupation? YES
H.14. Specific skills or other requirements: EMPTY
I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters�s degree + 12 months of experience may exceed SVP.
Thank you,
What you are doing is illegal as per DOL guidelines. The beneficiary CANNOT be involved in preparing the job and experience requirements for the job. They have to be done by the Company HR or your manager. All the PERM preparations are to be done by an attorney or if the company doesn't hire one, it has to be by the HR/Manager. Never by the beneficiary himself. You can just provide your educational and experience information to the company and the rest is handled by them.
H.3. Job title: SENIOR SOFTWARE ENGINEER
H.4. Education: minimum level required: MASTER'S
H.4-B. Major field of study: COMPUTER SCIENCE
H.5. Is training required in the job opportunity? NO
H.6. Is experience in the job offered required for the job? YES
H.6-A. If Yes, number of months experience required: 12
7. Is there an alternate field of study that is acceptable? NO
H.8. Is there an alternate combination of education and experience that is acceptable? NO
H.11. Job duties:
Analyze, design, coordinate and supervise the development of software systems.....
Design and develop programming systems making specific determinations....
Responsible for development of new programs, analyzes...
Responsible for analysis of current programs including performance�.
Review and repair legacy code�.
H.12. Are the job opportunity's requirements normal for the occupation? YES
H.14. Specific skills or other requirements: EMPTY
I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters�s degree + 12 months of experience may exceed SVP.
Thank you,
What you are doing is illegal as per DOL guidelines. The beneficiary CANNOT be involved in preparing the job and experience requirements for the job. They have to be done by the Company HR or your manager. All the PERM preparations are to be done by an attorney or if the company doesn't hire one, it has to be by the HR/Manager. Never by the beneficiary himself. You can just provide your educational and experience information to the company and the rest is handled by them.
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gc1024
07-17 07:00 PM
Thanks man.
more...
rkat
12-13 03:46 PM
Swamy - (with due respect to IV who i totally support in every which way!) but what have u done other than joining a state chapter, contributing $$ to IV and holding signs at the DC rally.?? Is this what ur life has come to now..?? Only to motivate people to join IV..?? How long do u plan on conitnuing to do this.?? Wake up buddy..!! Yes we are stuck in this mess now having filed for AOS and the indefinite future wait for cases to be approved..!! There is no doubt about that.
But somebody like dyekek12 who seems to be new to the immigration world - whats the harm in sharing with him options that maybe more practical for him 3-5 years from now.! If somebody would have adviced me back in the hay days - i would have surely listened.! There are 3 SENIOR members who seem to agree to what i have said.! All of us cannot be socially challenged.! Sorry swamy - i disagree.! How would a college professor or a dept. head answer his Q....Myfriend - ..." there is the real world and then there is the immigration world........!!!! "
The immigration system here in the US is like fire - and if u try playing with fire there is no doubt in my mind that you will only get burnt.!! (again - i'm not a village bellie neither am i socially challeged - i am only being realistic.! thats all.! and i know it hurts!)
But somebody like dyekek12 who seems to be new to the immigration world - whats the harm in sharing with him options that maybe more practical for him 3-5 years from now.! If somebody would have adviced me back in the hay days - i would have surely listened.! There are 3 SENIOR members who seem to agree to what i have said.! All of us cannot be socially challenged.! Sorry swamy - i disagree.! How would a college professor or a dept. head answer his Q....Myfriend - ..." there is the real world and then there is the immigration world........!!!! "
The immigration system here in the US is like fire - and if u try playing with fire there is no doubt in my mind that you will only get burnt.!! (again - i'm not a village bellie neither am i socially challeged - i am only being realistic.! thats all.! and i know it hurts!)
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the_googly
08-22 02:14 PM
ND: Jun 26 08
Approved on Aug 19th 08
Don't worry.. they are catching up.
Approved on Aug 19th 08
Don't worry.. they are catching up.
more...
backtoschool
12-29 08:09 AM
any idea on an INSEAD's MBA value when returning to the US to work? I know it holds in good stand in Europe and Asia...
Insead feeds the consulting world.(mainly). So, there is a value with consuting cos based in the US.
Nayar<<<<
I am surprised to hear that IIM-A PGDBA is worthless in the US
so, what are you doing in the US? did you get another MBA?
Insead feeds the consulting world.(mainly). So, there is a value with consuting cos based in the US.
Nayar<<<<
I am surprised to hear that IIM-A PGDBA is worthless in the US
so, what are you doing in the US? did you get another MBA?
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martinvisalaw
12-01 06:00 PM
The relevant dates, as I see it, are:
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation.
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation.
more...
pappu
05-29 07:28 PM
AVS channel has an indian program every saturday starting 10am -12.00pm
I am sure many indians watch this.There is also 'free' immigration advise by some lawyers at the end of the program.
If some one has contacts at AVS may be IV could get more coverage.
Thinking out loud..
Thanks. could you please get in touch with them and seek their help. If you get a positive response and they are interested, let us know and we will pursue it further. thanks
I am sure many indians watch this.There is also 'free' immigration advise by some lawyers at the end of the program.
If some one has contacts at AVS may be IV could get more coverage.
Thinking out loud..
Thanks. could you please get in touch with them and seek their help. If you get a positive response and they are interested, let us know and we will pursue it further. thanks
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kumarc123
09-07 02:28 PM
Thanks for sharing this. I find it hard to believe what IO said (not you) . I think IO must have meant it will be current for PD 2003/2004 people. And using unused numbers from past is more of legislative thing that I am not sure if USCIS has the power to do it.
Well I am a optimistic person,
Maybe IO and Uscis knows something which we all don't know. If this happens, it will be all worth it, I hope what IO officer said really happens.
In the meantime, lets focus on what we really need to do in regards to the pending bill
Good luck to everyone
Well I am a optimistic person,
Maybe IO and Uscis knows something which we all don't know. If this happens, it will be all worth it, I hope what IO officer said really happens.
In the meantime, lets focus on what we really need to do in regards to the pending bill
Good luck to everyone
more...
eagerr2i
12-20 08:21 PM
IRS does not withhold for salaried employees, the company deducts the Income Tax based on the number of declarations you have mentioned to Payroll department and sends it directly to IRS.
For businesses, it is the businesses who pay advance tax every Q.
I am not very clear about what you are talking about??
For businesses, it is the businesses who pay advance tax every Q.
I am not very clear about what you are talking about??
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vts31
10-22 04:23 PM
wtf! u guys are fast!
more...
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milind70
07-25 11:19 PM
I just received a confirmation email that I485 of my wife got approved just a couple of days back. But I myself have not received anything. Its kind of weird because she was my dependent and I was the primary applicant.
Can somebody please suggest if they have seen something like this before ?Do I need to do anything ?
It is not wierd, i have heard about such cases where dependent gets approval prior to primary. You may want to take an Infopass and visit the local office and inquire with them regarding your case. I think you should see your approval pretty soon.
Can somebody please suggest if they have seen something like this before ?Do I need to do anything ?
It is not wierd, i have heard about such cases where dependent gets approval prior to primary. You may want to take an Infopass and visit the local office and inquire with them regarding your case. I think you should see your approval pretty soon.
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sujan_vatrapu
10-27 02:23 PM
Great to know, this is a revelation so you need to get more info about Fox TV, how right they are here more than this senas..
So along with Fox TV what help you are planning for all of our immigration problems?
first of all, just for putting my point out are u trying to point finger at me? this is exactly what hinders the development, we need a dialogue and not controversy or finger pointing, i am fine with you not agreeing with me, everyone is entitled to their opinion but lets have a conversation, lets put out our opinions and let ppl base their decisions on our conversation,
regarding my contributions i have attended IV chapter meetings, called senator/congresman offices whenever there is an IV action item, i wont ask ur plans on helping immigrant community (because that's not the point here), but u r already helping others by contributing to this discussion which lets other form an opinion,
So along with Fox TV what help you are planning for all of our immigration problems?
first of all, just for putting my point out are u trying to point finger at me? this is exactly what hinders the development, we need a dialogue and not controversy or finger pointing, i am fine with you not agreeing with me, everyone is entitled to their opinion but lets have a conversation, lets put out our opinions and let ppl base their decisions on our conversation,
regarding my contributions i have attended IV chapter meetings, called senator/congresman offices whenever there is an IV action item, i wont ask ur plans on helping immigrant community (because that's not the point here), but u r already helping others by contributing to this discussion which lets other form an opinion,
more...
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Prashanthi
12-03 05:13 PM
I stand corrected, thank you for pointing it out, i was thinking of a situation when the I-485 was not filed, in this case the I-485 is pending. See extract from Williams memo issued in February 2003. USCIS has clarified that the date to be looked at is the date that the I-485 was filed when the visa number was available. So basically if you were a dependent when the I-485 was filed and the I-485 visa number then regressed, they will look at your age at the time of filing the I-485 and then subtract the time it took for I-40/I-130 to be approved.
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
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sanju
03-12 10:28 AM
Congratulations GCMan007, thats awesome.
If you have already received your approval notice then the change in online status is a matter of time. I saw an nearlier post on the forum that said it took over a week for the online status to show that I-485 was approved.
If you could complete your profile information, it will greatly help folks like me who have the PD in the same date range.
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
If you have already received your approval notice then the change in online status is a matter of time. I saw an nearlier post on the forum that said it took over a week for the online status to show that I-485 was approved.
If you could complete your profile information, it will greatly help folks like me who have the PD in the same date range.
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
more...
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sats123
11-04 12:29 AM
Last year even I did not get my AP though it was approved. It was lost in mail. I had called USCIS several times and tried to request a duplicate copy. They said they cannot do it. I had sent letters to senator, senator's office sent letter to USCIS and nothing worked. what a PIA, $305 for no reason.
Last month I self applied for my wife and got the approval in couple of weeks. ( On another note, her last approval was until Jan 2010. New approval is until Oct 2010. So we paid $305 for nine months which does not make sense. They should have approved until Jan 2011.)
One suggestion for all self filers is to include a self paid USPS envelope with tracking number and request in your letter to USCIS to send the final decision (not receipt notice) in that envelope. It will cost few extra dollars but its worth. Atleast the chances of getting lost in mail will be less.
Last month I self applied for my wife and got the approval in couple of weeks. ( On another note, her last approval was until Jan 2010. New approval is until Oct 2010. So we paid $305 for nine months which does not make sense. They should have approved until Jan 2011.)
One suggestion for all self filers is to include a self paid USPS envelope with tracking number and request in your letter to USCIS to send the final decision (not receipt notice) in that envelope. It will cost few extra dollars but its worth. Atleast the chances of getting lost in mail will be less.
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varumo_varatho
11-08 10:43 AM
Speaking of my personal experience, Yes, you can get an emergency appointment as returning h1b's are eligible for such appointments. Just send an email directly to the consulate and request for emergency appointment stating that you have to return to your project. I have done it before
It is advisable to carry all the LCA's, just in case, though the VO might just look at the current one. I am sure you will be taking all the other docs required.
Best of luck
cheers !
It is advisable to carry all the LCA's, just in case, though the VO might just look at the current one. I am sure you will be taking all the other docs required.
Best of luck
cheers !
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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..
kzinjuwadia
05-25 01:22 PM
After receiving GC do we have to report to SSN to change the SSN card but with same number. Existing card says work paper required.
Any anyone knows action item required after receiving GC then please post here?
Ppl do that; but I don't think it's a compulsory thing. Maybe it's good to remove one of the last traces of being non-immigrant in US ;)
Any anyone knows action item required after receiving GC then please post here?
Ppl do that; but I don't think it's a compulsory thing. Maybe it's good to remove one of the last traces of being non-immigrant in US ;)
sac-r-ten
03-22 11:03 AM
Thanks Sac-e-ten,
My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...
Yes, i think you have to appeal through a lawyer.
1. BTW what questions were asked to you during interview?
2. Also the denial says " the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with a appropriate laws and regulations". Do they mention what law? Does it mention employee-employer relationship?
If employer is not showing interest, then you have to talk to the employer about hiring your own lawyer and filing appeal and/or new h4 petition for you.
Also, there is free-attorney sessions every 1st 3 thursdays of the month here on IV. check with ivcoordinator@gmail.com for that.
Also, don't call anybody Sir out here. we are all in diff sections of the same boat called Immigration sailing against tide called USCIS.
Hope things get resolved for you.Good luck.
My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...
Yes, i think you have to appeal through a lawyer.
1. BTW what questions were asked to you during interview?
2. Also the denial says " the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with a appropriate laws and regulations". Do they mention what law? Does it mention employee-employer relationship?
If employer is not showing interest, then you have to talk to the employer about hiring your own lawyer and filing appeal and/or new h4 petition for you.
Also, there is free-attorney sessions every 1st 3 thursdays of the month here on IV. check with ivcoordinator@gmail.com for that.
Also, don't call anybody Sir out here. we are all in diff sections of the same boat called Immigration sailing against tide called USCIS.
Hope things get resolved for you.Good luck.
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