go_guy123
03-12 03:57 PM
80-90% of H1B visa holders are on contract positions only and that was the sole purpose. Are you trying to say that all these H1B visa holders should take up permanent positions with the clients. One can do this also, no big deal but then who is going to cover the risk of layOff which can happen anytime with these permanent positions.
At least consulting companies do not lay you off and ur GC process doesn't gets screwed up in between and one doesn't gets out of status all of a sudden.
Also there had been some fraud cases by few of the consulting companies, but not all are fraud. Moreover tightening these rules doesn't stops the fraud company's, it stops all the valid consulting companies as well to run the business.
The H1B rules said that the job should not be temporary or seasonal in nature. It has been flouted over the years and only recently USCIS started crackdown on this clause.
Over the years American companies pretty much used H1B exclusive through a third party so that that they don't appear under the DOL H1B sponsoring company lists.
USCIS is pretty much going back to the original clauses/intent of H1B that were laid out in 1990.
At least consulting companies do not lay you off and ur GC process doesn't gets screwed up in between and one doesn't gets out of status all of a sudden.
Also there had been some fraud cases by few of the consulting companies, but not all are fraud. Moreover tightening these rules doesn't stops the fraud company's, it stops all the valid consulting companies as well to run the business.
The H1B rules said that the job should not be temporary or seasonal in nature. It has been flouted over the years and only recently USCIS started crackdown on this clause.
Over the years American companies pretty much used H1B exclusive through a third party so that that they don't appear under the DOL H1B sponsoring company lists.
USCIS is pretty much going back to the original clauses/intent of H1B that were laid out in 1990.
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dealsnet
04-19 02:36 PM
H1B and Employment based GC is for people in speciality fields and for the shortage of US workers for the jobs.
It is not possible for any jobs on commission basis. PERIOD.
You can work on OPT.
Hello,
I have been living in the USA for the last 5 years going to school with a F1 Visa. I have a Bachelor Degree in Art and a Master Degree in Business. I am currently living in New York City. I plan to work as a Real Estate agent through my OPT. Can I qualify for a green card?
in which class real estate agent falls into, EB1, EB2, EB3 or EB4???
Thank You for your time.
It is not possible for any jobs on commission basis. PERIOD.
You can work on OPT.
Hello,
I have been living in the USA for the last 5 years going to school with a F1 Visa. I have a Bachelor Degree in Art and a Master Degree in Business. I am currently living in New York City. I plan to work as a Real Estate agent through my OPT. Can I qualify for a green card?
in which class real estate agent falls into, EB1, EB2, EB3 or EB4???
Thank You for your time.
nb_des
09-20 04:04 PM
Even I don't see it. Seems like they have removed it.
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bp333
10-04 07:10 PM
Hi Folks,
I had applied for AOS,EAD and AP for me and my wife on July 2nd.
I got my EAD, Finger Printing Notification, but my wife's application got returned on Aug 30th. I called USCIS after 3 months to find out status on her case and they said it was returned on Aug 30th which we haven't received so far. The reason for rejection was incorrect or missing check.:(
So, can please any one tell me if i can re-apply her case even though i did not get her application back?
Any information on this will be greatly appreciated.
Thanks a lot
gc_dreamer_485
Hi, I am in the same situation. Rejected on 9/11 and they said they mailed it on 9/19 haven't received the packet yet. Please keep me posted.
FYI, you can open a FORMAL Investigation with USCIS if the mailing of rejection notice exceeds more than 30 days. Call USCIS and see what they have to say.
I had applied for AOS,EAD and AP for me and my wife on July 2nd.
I got my EAD, Finger Printing Notification, but my wife's application got returned on Aug 30th. I called USCIS after 3 months to find out status on her case and they said it was returned on Aug 30th which we haven't received so far. The reason for rejection was incorrect or missing check.:(
So, can please any one tell me if i can re-apply her case even though i did not get her application back?
Any information on this will be greatly appreciated.
Thanks a lot
gc_dreamer_485
Hi, I am in the same situation. Rejected on 9/11 and they said they mailed it on 9/19 haven't received the packet yet. Please keep me posted.
FYI, you can open a FORMAL Investigation with USCIS if the mailing of rejection notice exceeds more than 30 days. Call USCIS and see what they have to say.
more...
div_bell_2003
09-18 02:24 PM
Any response to that ? My wife's EAD is expiring on Oct 22nd , I have e-filed for her EAD renewal , got the receipt and the FP notice promptly, but after Sep 03 FP, no status update and I have seen people applying after me ( paper filed ) getting CPO emails :( , so can she work on the receipt or not ? any pointers ?
Just to add, her EAD renewal is pending at NSC but the FP notice came from MSC, hope NSC can access the biometrics from MSC ( heard some cases where once center could not access the other center's biometrics )
Just to add, her EAD renewal is pending at NSC but the FP notice came from MSC, hope NSC can access the biometrics from MSC ( heard some cases where once center could not access the other center's biometrics )
forgerator
01-30 05:47 PM
I am actually doing this right now. See my signature.
more...
Libra
07-09 04:59 PM
how to change my vote then???
over 250 people responded to the earlier poll and we see that atleast among IV'ites the PDs are spread all over the years (10% 20% 20% 30%-2006 10%-2007), and there are significant number of 2003/2004 PDs out there.
This followup poll is to see how many of these people are already in the I-485 system (likely to use up visa number as soon as one is available) vs waiting to file I-485.
************************************************** ***************************************
************************************************** ***************************************
***DO NOT COUNT YOUR I-485 FILING IN JULY 2007 FOR THIS POLL. EVEN IF YOU FILED ON JULY 1ST OR JULY 2ND***
************************************************** ***************************************
************************************************** ***************************************
ONLY EB2-INDIA PLEASE.
over 250 people responded to the earlier poll and we see that atleast among IV'ites the PDs are spread all over the years (10% 20% 20% 30%-2006 10%-2007), and there are significant number of 2003/2004 PDs out there.
This followup poll is to see how many of these people are already in the I-485 system (likely to use up visa number as soon as one is available) vs waiting to file I-485.
************************************************** ***************************************
************************************************** ***************************************
***DO NOT COUNT YOUR I-485 FILING IN JULY 2007 FOR THIS POLL. EVEN IF YOU FILED ON JULY 1ST OR JULY 2ND***
************************************************** ***************************************
************************************************** ***************************************
ONLY EB2-INDIA PLEASE.
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sugaur
06-27 11:27 PM
So its that easy to offend you, just put a picture of lord Ganesha on a beer bottle.
I thought such chidishness was limited only to fanatical muslims.
Have you ever seen south park/daily show/ colber report. They routine mock Jesus, and I dont hear anyone asking them to be banned.
Personally, i think lord Ganesha would enjoy that beer, or as they call it, "Som Ras"
I thought such chidishness was limited only to fanatical muslims.
Have you ever seen south park/daily show/ colber report. They routine mock Jesus, and I dont hear anyone asking them to be banned.
Personally, i think lord Ganesha would enjoy that beer, or as they call it, "Som Ras"
more...
binadh
07-05 10:20 AM
Hey Gurus,
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
What are the chances for ROW-EB2 to go backlog in OCT 2007. My wife's employer is filing for the LABOR this month. We are keeping our finger's crossed that it will be current in OCT this year.
What do you guys think about that? Thanks.
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rajenk
10-19 11:21 AM
OP,
Check my reply in the following thread for your question 4.
http://immigrationvoice.org/forum/forum105-immigrant-visa/1599821-eb2-i140-approved-looking-for-a-visa-transfer-is-it-possible.html
The sections I referred in the Adjudicator's Field manual means
USCIS revocation for Fraud or misrepresentation in the application.
Check my reply in the following thread for your question 4.
http://immigrationvoice.org/forum/forum105-immigrant-visa/1599821-eb2-i140-approved-looking-for-a-visa-transfer-is-it-possible.html
The sections I referred in the Adjudicator's Field manual means
USCIS revocation for Fraud or misrepresentation in the application.
more...
gcformeornot
05-27 06:37 PM
for Paper filing as there no FP in required.
I worte L1-B as my current immigration status, as I am still working on L1-B and not used EAD. Hope it helps.
I worte L1-B as my current immigration status, as I am still working on L1-B and not used EAD. Hope it helps.
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horscorp
02-09 06:56 AM
Thanks a lot. I understand the process better now.
Horscrop,
Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.
Ann
PS-Am enjoying all the snow---so beautiful and peaceful.
Horscrop,
Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.
Ann
PS-Am enjoying all the snow---so beautiful and peaceful.
more...
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logiclife
06-20 02:13 PM
Please admin I need help here. I am leaving my best job and going back to join worst desi employer just to file for 485. But I am scared to death what if he denies to file my 485? what are the documents needed if he denies?
Otherwise I will be from nowhere .
Like I said, please contact a good lawyer for best possible course of action. You will need 140 approval photocopy at the minimum. If you have that, then its possible to file 485 behind employer's back BUT PLEASE CONSULT A LAWYER as there may be pitfalls that apply to your case and you need to know about them.
Otherwise I will be from nowhere .
Like I said, please contact a good lawyer for best possible course of action. You will need 140 approval photocopy at the minimum. If you have that, then its possible to file 485 behind employer's back BUT PLEASE CONSULT A LAWYER as there may be pitfalls that apply to your case and you need to know about them.
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ns007
03-26 02:37 PM
Agreed.
Unfotunately, there is no way to poll more than one option.
More than Salary its location which matters.
50K in MS = 60K in TX = 80 K in CA = 90K NYC
Unfotunately, there is no way to poll more than one option.
More than Salary its location which matters.
50K in MS = 60K in TX = 80 K in CA = 90K NYC
more...
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maverick_joe
05-23 12:31 PM
go through the AR 11 form online and after you complete the same you would see options to put in your receipt numbers , do the same for yourself and your secondary
Hello,
I filed my 485/EAD/AP last year and recently changed my address. Besides filing an AR11, what are the other steps I need to do? Should I be calling USCIS to make sure the new address gets reflected on my 485 application?
Thanks,
Kunal
Hello,
I filed my 485/EAD/AP last year and recently changed my address. Besides filing an AR11, what are the other steps I need to do? Should I be calling USCIS to make sure the new address gets reflected on my 485 application?
Thanks,
Kunal
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ruchigup
06-02 01:49 PM
I know it is overwhelming, when we get email from USCIS about RFE. But be patient it is generally for employment verification, birth certificate, medicals etc. If there is one for spouse it could be for marriage verification.
You need to wait at least 7 days before you should call to check with them. But 7 days is fair time, and 80% (no data backing) of letters are received by then.
You need to wait at least 7 days before you should call to check with them. But 7 days is fair time, and 80% (no data backing) of letters are received by then.
more...
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gc28262
07-14 08:29 AM
I apologize for hijacking this thread. I could not find a way to create a new thread. I subscribed for monthly contributions almost 5 days back and still don't have access to Donor's forum. Emailed the admins, still no response. Can the admins take a look at this one please?
And also how do I create a new thread? I did this some time back, but could not find it where to start.
Thanks
To start a thread:
Click on Forums menu-->Select an appropriate Discussion topic till you see a "New Thread" button. Click on the "New Thread" button to start a thread.
And also how do I create a new thread? I did this some time back, but could not find it where to start.
Thanks
To start a thread:
Click on Forums menu-->Select an appropriate Discussion topic till you see a "New Thread" button. Click on the "New Thread" button to start a thread.
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n2b
04-17 02:13 PM
I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...
A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.
I may be wrong .. but this is how i perceive it
Peace.
H1B is dual intent so even if I go back on H1B I can still keep intentions to immigrate right?
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...
A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.
I may be wrong .. but this is how i perceive it
Peace.
H1B is dual intent so even if I go back on H1B I can still keep intentions to immigrate right?
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sajimm
08-05 01:18 PM
It's too early to make a judgment on this since I haven't seen the actual text of this bill. With Sen.Sessions history, I highly doubt whether there is anything good to EB folks in this bill.
Most likely this is just election politics.
Most likely this is just election politics.
sathweb
01-21 02:30 PM
Dear IV Friends,
Does any one know how much time DOL takes to reply on PERM Withdrawal application. I filled for my labor application in i think JUN/JUL 07 than it got audited, after sending audit reply it got denied in APR 08. I told my company not to apeal this case but they did. After pushing hard to file a new PERM now we are waiting for the earlier PERM application to be withdrawn (the one that was appealed). Everybody waits for there PERM approval, I-140 or 485 but the strange fact is i am waiting for my PERM to be withdrawn so i can file a new one.
Please help if someone has any idea about the time taken to withdraw a PERM application.
Thank you,
Ravi.
WITHDRAWAL
Question: How can a pending application filed under PERM be withdrawn?
If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.
If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.
Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?
No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.
Source: http://usavisanow.com/perm-faq-4.html
(I think the same rule should apply for PERM and appealed case)
EDIT: Sorry the following information seems to suggest otherwise.
http://www.visapro.com/Immigration-News/?a=377&z=12
Does any one know how much time DOL takes to reply on PERM Withdrawal application. I filled for my labor application in i think JUN/JUL 07 than it got audited, after sending audit reply it got denied in APR 08. I told my company not to apeal this case but they did. After pushing hard to file a new PERM now we are waiting for the earlier PERM application to be withdrawn (the one that was appealed). Everybody waits for there PERM approval, I-140 or 485 but the strange fact is i am waiting for my PERM to be withdrawn so i can file a new one.
Please help if someone has any idea about the time taken to withdraw a PERM application.
Thank you,
Ravi.
WITHDRAWAL
Question: How can a pending application filed under PERM be withdrawn?
If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.
If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.
Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?
No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.
Source: http://usavisanow.com/perm-faq-4.html
(I think the same rule should apply for PERM and appealed case)
EDIT: Sorry the following information seems to suggest otherwise.
http://www.visapro.com/Immigration-News/?a=377&z=12
sathishav
06-01 09:03 AM
This is true for most full time positions. I used to work for Wachovia and after merger with Wells Fargo they even withdrew approved I-140s, refused to file responses for perm audits and off course start new GC process. I left after working from them for 5 years. Idea is not to scare you, but just be careful. As someone adviced above, give you best shot in interviews and once you have an offer ask them to confirm in writing that they will process GC in EB2 immediately on joining. Dont join if they dont give you firm assurance. And once you join, start working on this process immediately.
Can't agree more. That is the issue with large companies. If you have a very, very unique skill set and your Manager is very strong that helps. Even that is out of the window in case of acquisition's/bankruptcies (don't see both happening to Oracle though). They even withdraw H1, if you have filed one after layoff.
Can't agree more. That is the issue with large companies. If you have a very, very unique skill set and your Manager is very strong that helps. Even that is out of the window in case of acquisition's/bankruptcies (don't see both happening to Oracle though). They even withdraw H1, if you have filed one after layoff.
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