gettinthere
05-11 10:31 PM
Hi all
My I-485 is pending(EB-3,India)since 2007. I changed employer & successfully ported PD on new I-140 approval in EB-2 category. My PD is in Oct 2006 & I expect that to become current in the coming few months.
Now, I need to do Interfiling to link my pending I-485 to my new I-140.
(1) What all documents/wordings are required for interfiling? Can someone pls provide a checklist?
(2) Who should do Interfiling- Myself or "Attorney of File" on my original I-485 or my current attorney (who did my new I-140)?
(3) Can I send my Interfiling request to USCIS even before my PD becomes current?
Thanks
Sameer
My I-485 is pending(EB-3,India)since 2007. I changed employer & successfully ported PD on new I-140 approval in EB-2 category. My PD is in Oct 2006 & I expect that to become current in the coming few months.
Now, I need to do Interfiling to link my pending I-485 to my new I-140.
(1) What all documents/wordings are required for interfiling? Can someone pls provide a checklist?
(2) Who should do Interfiling- Myself or "Attorney of File" on my original I-485 or my current attorney (who did my new I-140)?
(3) Can I send my Interfiling request to USCIS even before my PD becomes current?
Thanks
Sameer
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bostonian28
02-20 12:26 PM
Any idea with whats going on with TSC Processing times, my PD is current Nov' 2003, however do not see any movement in the processing times, 485 applied on Aug 7, 007, any idea when they will publish the new processing times? Any way we can know where we are in the 485 proccess?
Thanks in advance.
Thanks in advance.
bkarnik
09-24 08:38 PM
Just got 3 transfer notices from CSC saying applcations transfered to NSC. Applcations reached July23rd at NSC. 140 approved from TSC.
Anybody in similar situation....
Please see my posts in the separate thread you have already started for the same questions.
Anybody in similar situation....
Please see my posts in the separate thread you have already started for the same questions.
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transpass
09-28 12:51 PM
does anyone have latest receipting update?
more...
andycool
02-10 07:54 AM
Thanks! We filed today.. they'll will receive tomorrow.
My 485 is pending, so I think I won't be totally out of status..
Any suggestion on how we can approch sending the approved LCA later and ask USCIS to match it to the already submitted H1B petition?
I dont see a problem if you have I 485 Pending ( i assume you have EAD to continue working )
I filed my H1B 3 months later after joining a new job on EAD , i didnt have any problem
Thanks
My 485 is pending, so I think I won't be totally out of status..
Any suggestion on how we can approch sending the approved LCA later and ask USCIS to match it to the already submitted H1B petition?
I dont see a problem if you have I 485 Pending ( i assume you have EAD to continue working )
I filed my H1B 3 months later after joining a new job on EAD , i didnt have any problem
Thanks
gcdreamer05
01-02 12:41 PM
I dont know your exact visa background, but why do you want to use EAD, it is always better to stay on h1, if you are planning to shift employer then do h1 transfer. There are lots of threads explaining the pros and cons of using AC21 and switchin to EAD etc... but the safest way is to stay on h1.
If you can then i would suggest staying on h1, if you are shiftin employer talk to new one to ask for h1 transfer...
If you can then i would suggest staying on h1, if you are shiftin employer talk to new one to ask for h1 transfer...
more...
nithinsurendran
04-10 11:48 AM
Hi,
My employer filed labor for me in October 2007. My labour got approved in Feb 2008. Can you please know when I can apply for the EAD? What are the pre-requisties to apply for an EAD.
Thanks a lot,
Nithin.
My employer filed labor for me in October 2007. My labour got approved in Feb 2008. Can you please know when I can apply for the EAD? What are the pre-requisties to apply for an EAD.
Thanks a lot,
Nithin.
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sshekar
08-19 08:22 AM
As far as I know, the 5 year wait period was until a couple years ago when the family based GC was backlogged. I got married in 2004 and had to wait until 2008 to file for GC, when my husband got his citizenship. At that time, our attorney advised this as the best course, since the priority dates were about 5 years out.
Filing for spouse falls under 2A of the family sponsored GC and currently the priority date for 2A India is 01 Jan 2010. In my estimation, you should get a GC within 12-18 mths.
But then again, I am not an attorney - so please consult one to validate this information.
Hope this helps.
Filing for spouse falls under 2A of the family sponsored GC and currently the priority date for 2A India is 01 Jan 2010. In my estimation, you should get a GC within 12-18 mths.
But then again, I am not an attorney - so please consult one to validate this information.
Hope this helps.
more...
nozerd
01-20 11:57 AM
Looks like AGjOBS bill has good chance of passing. Does anyone know what the definition of agricultural worker is ?
Could one by considered agricultural worker if they are in landscaping business ? what about in agricultural sales.
We are about to see creation of huge black market for documents claiming someone is farmer if this rule is passed.
Can one be illegally working as Ag worker while on H1 ? :)
Could one by considered agricultural worker if they are in landscaping business ? what about in agricultural sales.
We are about to see creation of huge black market for documents claiming someone is farmer if this rule is passed.
Can one be illegally working as Ag worker while on H1 ? :)
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sfxman
05-09 02:30 PM
Thanks!
Is your case number low?
Mine should be current in december/january if it follows same trend as this year...
Is your case number low?
Mine should be current in december/january if it follows same trend as this year...
more...
lostinbeta
10-02 03:12 AM
Just too cool.....tooooooooooo cool(-: (yes, too cool for the normal smiley)
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bzuccaro
11-08 04:40 PM
H-1B Visa Employer that Does Not Effect a �bona fide termination� under the H-1B provisions Liable for back wages to H-1B Employee.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
more...
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shankarsivam
04-13 05:53 PM
Hello Attorneys / Experts,
Thanks for this great service... Appreciate if you can pl provide your inputs to my situation below :
Jan'09 : My Employer submitted 7th year H1B extension - Vacation Recapture + Extension based on pending I-140
Feb'09 : RFE was issued asking information related to Company
Feb'09 : H1B - 6 Years completed : H1B Visa / I-94 Expired in Passport
Mar'09 : RFE responded with the requested information
Apr 10, 2009 : USCIS Denied H1B Extension petition.
I understand from my employer that I can no longer be on the US payrolls and that I've to leave the country in 180 days.
Is Motion to Reopen (MTR) / Appeal is an option to legally stay in US ? If MTR is submitted, can I continue to work for the employer / client and get paid ?
Appreciate your inputs in this area.
Thanks for this great service... Appreciate if you can pl provide your inputs to my situation below :
Jan'09 : My Employer submitted 7th year H1B extension - Vacation Recapture + Extension based on pending I-140
Feb'09 : RFE was issued asking information related to Company
Feb'09 : H1B - 6 Years completed : H1B Visa / I-94 Expired in Passport
Mar'09 : RFE responded with the requested information
Apr 10, 2009 : USCIS Denied H1B Extension petition.
I understand from my employer that I can no longer be on the US payrolls and that I've to leave the country in 180 days.
Is Motion to Reopen (MTR) / Appeal is an option to legally stay in US ? If MTR is submitted, can I continue to work for the employer / client and get paid ?
Appreciate your inputs in this area.
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T-O
04-17 06:52 PM
The first one is very!!! very!!!! sexeh! :D
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vidyas_m
04-27 10:50 AM
Thank you for the positive info, QuintonBermuda.
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reddy2cool
08-26 01:55 PM
Thanks for sharing the info, But seriously do you want to believe this kind of source (friends lawyer close to uscis) not even from infopass or any kind of believable source? How about it if lawyer is having just fun at our expense.
more...
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kewlchap
04-07 05:48 PM
Thanks. So how can I find out more about what exactly got updated? On the USICS site, it shows that my AOS was updated in Dec 2007, but nowhere does it report what kind of update it was. Any thoughts?
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achu
09-18 04:19 PM
I applied RIR (labor) as Programer Analyst (030.162-014), But my labor certified copy it say job code as 030.062-010 (Software Engineer).
which code should i follow for future reference like AC21?
thanks
achu.
which code should i follow for future reference like AC21?
thanks
achu.
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martinvisalaw
06-29 10:38 AM
There are really 2 sub-categories of EB-3. One requires a minimum of a bachelor's degree, or equivalent in education/experience. The other requires just 2 years skilled worker experience.
The question is what your position really is, and what the employer requires. If the position really requires you to speak Korean, it can get approved. However, adding a foreign language requirement definitely invites intense scrutiny, and it can really only work if you can show that you spend a lot of your time using Korean and the company could not manage without it. You also need to show that you use Korean with people who cannot speak English, not just that they don't want to speak English. You need extensive back-up documents to prove the foreign language requirement.
The question is what your position really is, and what the employer requires. If the position really requires you to speak Korean, it can get approved. However, adding a foreign language requirement definitely invites intense scrutiny, and it can really only work if you can show that you spend a lot of your time using Korean and the company could not manage without it. You also need to show that you use Korean with people who cannot speak English, not just that they don't want to speak English. You need extensive back-up documents to prove the foreign language requirement.
San_Chez
03-10 04:19 PM
Thanks, Kodi! Any idea if that H4 wait time can be applied to offset the 1 yr LCA filing requirement?
panky72
07-25 11:35 AM
Dear friends,
I received card production e-mail today.
My PD June 2007, RD Oct 2007. No REFEs. EB1 India.
Thanks for all the help and good counsel.
Lesson from this experience: Learn to handle delays. Take things in your stride. Do not make GC as end of your life. We can work anywhere and be happy, though US is a preferred destination.
In this process, I made so many friends and learned to heed others views and good advice.
Will continue to work for IV.
Congratulations
I received card production e-mail today.
My PD June 2007, RD Oct 2007. No REFEs. EB1 India.
Thanks for all the help and good counsel.
Lesson from this experience: Learn to handle delays. Take things in your stride. Do not make GC as end of your life. We can work anywhere and be happy, though US is a preferred destination.
In this process, I made so many friends and learned to heed others views and good advice.
Will continue to work for IV.
Congratulations
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