wc_user
07-16 03:25 PM
There is an RFE on my advance parole. Came to know about it through my online status. I called to know what the RFE is about and I was told that they can't tell me over the phone and it is between the officer and me and that I have to wait to receive the RFE. Has anyone else experienced this ? I filed the RFE myself online.
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snhn
03-12 04:57 PM
My old labor from 2001 is now up for review. This past Friday, my company put an ad in the newspaper. Dept of labor asked for
3 consecutive days and 1 posting in the office. Sunday was the first day. Basically I have a question. DOL has already placed an ad
on American job bank. They basically have Bachelors as the requirement. They do not mention what the discipline the bachelors need to be in.
However, the ad my company placed last Friday has Bachelors in computer science or Computer information systems. The job description is the same as the one
DOL posted on American Job bank. Do you think because they just used Bachelors in their posting and my company used Bachelors in Computer Science or CIS will
make a difference. Another words, can DOL reject my labor because of that. DOL, by using Bachelors, they are saying that anyone with Bachelors can apply. While my company is saying, only CIS or CS grads can apply.
Actually my attorney from 2001, made a mistake when he filed ETA 750. He listed education as Bachelors in Computer. So basically the advertisement should have been Bachelors in computer, as such what DOL is asking for. Mirror copy of ETA 750. However my company is saying that Bachelors in Computer is such broad term and does not make sense. That's why they placed the ad with Bachelors in Computer science or information systems. So having said that, what are chances that DOL will reject that advertisement, and make us re do it using Bachelors in Computer like the ETA 750 form is asking. Can we amend the form at this later of the ball game.
The advertisement is like 1000 for 3 days. The company picked up the tab this time, but if it is a mistake then I would have to pay for it. The did not even want to pursue this since they already have PERM and I140 approved for me. Getting this old labor certified for me, I would save a lot of time and be able to file 485 since my date is current. Using PERM priority date, it will take years.
Any thought will be appreciated.
Also, how do I remove him as the contact person for my labor. My company doe not want deal with him anymore.
can they send a letter for Backlog Center in Dallas.
Thanks!
3 consecutive days and 1 posting in the office. Sunday was the first day. Basically I have a question. DOL has already placed an ad
on American job bank. They basically have Bachelors as the requirement. They do not mention what the discipline the bachelors need to be in.
However, the ad my company placed last Friday has Bachelors in computer science or Computer information systems. The job description is the same as the one
DOL posted on American Job bank. Do you think because they just used Bachelors in their posting and my company used Bachelors in Computer Science or CIS will
make a difference. Another words, can DOL reject my labor because of that. DOL, by using Bachelors, they are saying that anyone with Bachelors can apply. While my company is saying, only CIS or CS grads can apply.
Actually my attorney from 2001, made a mistake when he filed ETA 750. He listed education as Bachelors in Computer. So basically the advertisement should have been Bachelors in computer, as such what DOL is asking for. Mirror copy of ETA 750. However my company is saying that Bachelors in Computer is such broad term and does not make sense. That's why they placed the ad with Bachelors in Computer science or information systems. So having said that, what are chances that DOL will reject that advertisement, and make us re do it using Bachelors in Computer like the ETA 750 form is asking. Can we amend the form at this later of the ball game.
The advertisement is like 1000 for 3 days. The company picked up the tab this time, but if it is a mistake then I would have to pay for it. The did not even want to pursue this since they already have PERM and I140 approved for me. Getting this old labor certified for me, I would save a lot of time and be able to file 485 since my date is current. Using PERM priority date, it will take years.
Any thought will be appreciated.
Also, how do I remove him as the contact person for my labor. My company doe not want deal with him anymore.
can they send a letter for Backlog Center in Dallas.
Thanks!
ShadowViper
06-27 02:04 AM
Cool picture.
What type of phone do you have that has that kind of image quality?
What type of phone do you have that has that kind of image quality?
2011 Look at me being cute »
Matloob
08-30 02:28 PM
Please help me out here.
I filed I-140 in EB2 category on September 30, 2005 at Vermont service center. I also filed I-1485 concurrently with I-140 and fingerprinted in December 2005. My I-140 was approved in June 2006. But I-1485 is still pending due to retrogression/non-availability of visa numbers to Indian nationals in EB2 category.
To avoid the retrogression in EB2 category I filed another I-140 in EB1 (since visa number is available in this category for Indian nationals) on May 1, 2006 at Texas service center (due to bi-specialization). This I-140 was approved in August 2006.
I have following questions regarding my case:
1) Can I use the I-485, which was concurrently filed with EB2 I-140 and link it with EB1 I-140.
a. If yes, where do I file my request since I-485 is pending in Vermont and EB1 I-140 is approved by Texas?
b. If no, is there any other alternative to use the EB1 I-140 priority dates?
Thanks!
Mat
I filed I-140 in EB2 category on September 30, 2005 at Vermont service center. I also filed I-1485 concurrently with I-140 and fingerprinted in December 2005. My I-140 was approved in June 2006. But I-1485 is still pending due to retrogression/non-availability of visa numbers to Indian nationals in EB2 category.
To avoid the retrogression in EB2 category I filed another I-140 in EB1 (since visa number is available in this category for Indian nationals) on May 1, 2006 at Texas service center (due to bi-specialization). This I-140 was approved in August 2006.
I have following questions regarding my case:
1) Can I use the I-485, which was concurrently filed with EB2 I-140 and link it with EB1 I-140.
a. If yes, where do I file my request since I-485 is pending in Vermont and EB1 I-140 is approved by Texas?
b. If no, is there any other alternative to use the EB1 I-140 priority dates?
Thanks!
Mat
more...
h1bmajdoor
07-12 09:41 PM
dear h1bs.
the only reason i'm staying here is to complete the 10 years of social security payments. leaving now would be foolish. this green card business is just a carrot to get endlessly humiliated.
does anyone have any knowledge of non-citizens claiming social security in india?
as per the SS, indian citizens who have contributed >= 10 years can claim SS payments in india.
http://socialsecurity.gov/international/countrylist4.htm
has anyone actually seen this happen?
the only reason i'm staying here is to complete the 10 years of social security payments. leaving now would be foolish. this green card business is just a carrot to get endlessly humiliated.
does anyone have any knowledge of non-citizens claiming social security in india?
as per the SS, indian citizens who have contributed >= 10 years can claim SS payments in india.
http://socialsecurity.gov/international/countrylist4.htm
has anyone actually seen this happen?
dilbert_cal
06-24 09:24 PM
If your job location has changed from State 'S1' to State 'S2', your labor petition filed from Company 'A' is invalid. You cannot modify your 140 in the sense of changing job location from one state to another. Since your 140 is pending for a good period of time, here is what you can do :-
i) Get it converted to premium as suggested above and you'll know whether it is approved or not in 15 days.
If it is approved, you can file 485 based on it but you may have issues in the future ( possible but unknown if it will be caught at 485 stage )
If it is denied, you are in a soup as without an approved 140, you cannot port your PD.
Whatever you do, dont move onto EAD and work on EAD until your 140 is approved.
i) Get it converted to premium as suggested above and you'll know whether it is approved or not in 15 days.
If it is approved, you can file 485 based on it but you may have issues in the future ( possible but unknown if it will be caught at 485 stage )
If it is denied, you are in a soup as without an approved 140, you cannot port your PD.
Whatever you do, dont move onto EAD and work on EAD until your 140 is approved.
more...
Blog Feeds
08-12 09:50 AM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
2010 Coming Out in Middle School:
anurakt
12-29 08:34 PM
Hi,
I applied for H1 last year and got H1 approved for 9 months. (they counted all my stay on H4). Now H1 expired on 25th Nov and applied for H4 on 15th Nov before H1B expires.
I wants to take advantage of New memo of USCIS. Can I apply for H1B with different employer than earlier one while my H4 case is pending?
Or shall I wait until I gets H4 approval and they apply for H1B.
Please help me on this.
Thanks,
Please put this question in IV attorney call... It's complex and a new rule ...so I would suggest anyone on the forum not to speculate.
I applied for H1 last year and got H1 approved for 9 months. (they counted all my stay on H4). Now H1 expired on 25th Nov and applied for H4 on 15th Nov before H1B expires.
I wants to take advantage of New memo of USCIS. Can I apply for H1B with different employer than earlier one while my H4 case is pending?
Or shall I wait until I gets H4 approval and they apply for H1B.
Please help me on this.
Thanks,
Please put this question in IV attorney call... It's complex and a new rule ...so I would suggest anyone on the forum not to speculate.
more...
supers789
09-15 03:04 PM
In that case may be for CP 22 Feb 2002 will be considered as cut off date & for AOS USCIS bulletin date will be considered. --
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glus
03-27 07:47 AM
Hi,
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
Nothing. The employee must have EAD. That's all. Also, the employee should, but does not have to, ask for a letter with duties to be sent to USCIS to keep USCIS informed of the change.
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
Nothing. The employee must have EAD. That's all. Also, the employee should, but does not have to, ask for a letter with duties to be sent to USCIS to keep USCIS informed of the change.
more...
Irs
03-03 09:34 AM
I always feel the indirect money flow is not counted for.......
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shana04
02-23 04:23 PM
I'm a july filer and planning on using AC21 to change employers,in this process I'm transfering H1-B,My passport will expire in a month however my
I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??
PS: I've already applied for my new passport and expecting it any time.
Thanks in advance
Any ways you need to renew, so it is better that you have done it. Apply for H1 renewal after you receive the new passport. you might have to send the copies of your passport and if it was valid for less a moth, you might get rfe, so wait until you get new passport.
Good luck
I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??
PS: I've already applied for my new passport and expecting it any time.
Thanks in advance
Any ways you need to renew, so it is better that you have done it. Apply for H1 renewal after you receive the new passport. you might have to send the copies of your passport and if it was valid for less a moth, you might get rfe, so wait until you get new passport.
Good luck
more...
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gcformeornot
01-29 05:52 PM
H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
you are wrong. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
you are wrong. I am not on H1 but I think the moment you get H1, in this case COS from H4 to H1 within few months you should have paying job. There will be problem at time of extension if no paystubs are present. Bench or not employer need to Pay H1b if he has hired one.
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GCBy3000
07-22 10:05 PM
You have to find a consulting company who have already finished all the ads and recruitment work and ready to file for PERM for someone. In this case, you can get along with this person and apply for the labor. This is very tricky as you have to find a position which meets your skills.
If you find one, don't wait to prepare for 485. Get ready everything ASAP in that case.
If you find one, don't wait to prepare for 485. Get ready everything ASAP in that case.
more...
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sam_hoosier
01-19 03:51 PM
Technically, it is the date when LC application is received by USCIS. Most of the time, it is the same as filing date but not always.
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dano
05-05 10:37 AM
anobody? i really need your advice.
more...
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hibworker
12-14 07:00 PM
Just mark NO, since it is a Yes / No question. You currently have EAD for next 2 years, hopefully it'll get renewed. You don't have a crystal ball to tell what will happen after that.
So you are not mis-representing by saying NO.
PS: This is just what I would have done and is only my opinion.
So you are not mis-representing by saying NO.
PS: This is just what I would have done and is only my opinion.
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franklin
06-26 10:22 AM
That is not entirely true. Websites like Indymedia are NOT the same as the Fox News Network. This organization is the new equivalent of MoveOn.org.
When I have taken the effort to tell people the real issues at hand with the legal immigration reform needed, they DO CARE.
Indymedia is effectively a news blog run by an organization with liberal, activiist sensibilities.
We must remain open minded and creative when thinking of other avenues to spread the word. A very quick look at the site and they show TREMENDOUS support for immigration rights.
When I have taken the effort to tell people the real issues at hand with the legal immigration reform needed, they DO CARE.
Indymedia is effectively a news blog run by an organization with liberal, activiist sensibilities.
We must remain open minded and creative when thinking of other avenues to spread the word. A very quick look at the site and they show TREMENDOUS support for immigration rights.
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rkdnc9
03-27 11:08 AM
Hi All,
Firstly, thanks to all my friends and Mods for the help/suggestions given in past.
Please guide in the following situation. My sister is on F1 visa. She went to India taking a semester break. This is her second Masters degree. She initially came on F1 and finished MBA and worked on OPT for 1 year and again joined second Masters and during which she took a semester break and went to India. Her husband is on H1 visa. She wants to apply for H4 visa. What is the procedure? She wants to discontinue her study after she applies for H4. Is this possible? Her next semester starts from June. Is it possible for her to get H4 before June if she applies now(while in India or after coming back) and then discontinue her master from then on? What documents would she need from her husband(pertaining the job) to apply for h4?
Please suggest.
Thanks in advance...
Firstly, thanks to all my friends and Mods for the help/suggestions given in past.
Please guide in the following situation. My sister is on F1 visa. She went to India taking a semester break. This is her second Masters degree. She initially came on F1 and finished MBA and worked on OPT for 1 year and again joined second Masters and during which she took a semester break and went to India. Her husband is on H1 visa. She wants to apply for H4 visa. What is the procedure? She wants to discontinue her study after she applies for H4. Is this possible? Her next semester starts from June. Is it possible for her to get H4 before June if she applies now(while in India or after coming back) and then discontinue her master from then on? What documents would she need from her husband(pertaining the job) to apply for h4?
Please suggest.
Thanks in advance...
clif
06-23 12:11 PM
How important is filing date when it comes to I-485 processing? Does USCIS process I-485s by Filing Date or by Priority Date? If it does so by Filing Date, and assuming that the dates stay current for a long time, does it mean that a person with a later PD can get his/her I-485 processed before a person with an earlier PD if the person with the earlier PD has a later FD?
sunny1000
11-26 07:16 PM
I have a unique situation, my laywer sent I-485,EAD and AP together in July. I got the receipt for I-485 but still awaiting for the reciepts for EAD and AP. Please advise what could be done in this situation, its already been almost 5 months ?
Please call USCIS or better yet, take an infopass appointment.
Please call USCIS or better yet, take an infopass appointment.
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