eb3retro
12-13 10:05 AM
The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.
The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply
EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.
thanks
ram
good morning sunshine...
The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply
EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.
thanks
ram
good morning sunshine...
tictac
09-09 03:13 PM
wow ! this is a strong case, after 6 month is over, you can easily file lawsuit on him, consequences can be real harsh on him, he can barred from filing any more h1s, greencard, maylose business license and thousand of dollars for stress and blackmailing ! hey speak to your lawyer after AC21 kicks in !
I am too in same boat, just numbers here and there. Infact my employer has done this to all his guys. He is minting... man!!! yours is atleast asking for contract, mine just said give me flat cash, n no paperwork. he says he will return, but you know who returns.
also he changed name of the company and so all the approved 140s has to be reapproved so all are again stuck.
I am too in same boat, just numbers here and there. Infact my employer has done this to all his guys. He is minting... man!!! yours is atleast asking for contract, mine just said give me flat cash, n no paperwork. he says he will return, but you know who returns.
also he changed name of the company and so all the approved 140s has to be reapproved so all are again stuck.
thokar
08-19 12:03 AM
I think depends on how many ears old your priority date is? I mean if your priority date is letz say 5 years old and today you are joining / getting promote to manager then yes you can. Every one know as time goes any skilled person will get promote or get into higher level...
But there is a IF clouse here... the new company should willing to give a letter saying that you have same similar job and also YOU HAVE ADDITIONAL RESPONSIBILITIES as specified in your exp'e letter....
Hope you got.. as long as company willing to give you exp'e letter with responsbilites then you are cover... in adition to that you got to have good Immigration attorney too...
Thanks...
But there is a IF clouse here... the new company should willing to give a letter saying that you have same similar job and also YOU HAVE ADDITIONAL RESPONSIBILITIES as specified in your exp'e letter....
Hope you got.. as long as company willing to give you exp'e letter with responsbilites then you are cover... in adition to that you got to have good Immigration attorney too...
Thanks...
Prashanthi
05-08 03:39 PM
Based on the facts that you have given, you should be able to use 245K in this case.
more...
glus
09-28 07:31 AM
Hi Everyone
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.
I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.
My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.
Please help me out. Tell me if any of you have gone through similar issues.
Thanks!
The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.
fatjoe
03-18 09:44 AM
I was trying to find the what is invloved in "Preliminary Processing" and this is what I found at
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=2ab34436fb933cfd72e8fe53f9aa0 e3c
(f) Preliminary Processing : The evidence supplied with the application is first reviewed by an officer at the National Benefits Center (NBC) to establish that the applicant meets the basic qualifying criteria to apply: he or she is an eligible alien, and he or she is not statutorily ineligible due to a felony conviction or convictions of three or more misdemeanors. If the applicant passes the preliminary processing at NBC, the application is forwarded to the District Office with jurisdiction over the applicant�s residence for an int erview and adjudication of the remaining eligibility requirements (e.g., continuous residence, physical presence, admissibility, citizenship skills, etc.). If more than one A-file exists for an applicant, files should be consolidated prior to forwarding. If filed by the applicant, EAD and advance parole requests may be processed after such applicant passes the preliminary processing. If the applicant lacks sufficient evidence to pass the preliminary processing, a Notice of Intent to Deny should be issued.
I am bit confused about the sentence in bold, so does it mean that the person is legally eligible for green card, though he has a record of felony or more than 3 mis-demeanors. My husband has one misdemeanor dur to DUI and his court disposition says "Impaired Driving". So are we to take a lawyer when we go for the interview?
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=2ab34436fb933cfd72e8fe53f9aa0 e3c
(f) Preliminary Processing : The evidence supplied with the application is first reviewed by an officer at the National Benefits Center (NBC) to establish that the applicant meets the basic qualifying criteria to apply: he or she is an eligible alien, and he or she is not statutorily ineligible due to a felony conviction or convictions of three or more misdemeanors. If the applicant passes the preliminary processing at NBC, the application is forwarded to the District Office with jurisdiction over the applicant�s residence for an int erview and adjudication of the remaining eligibility requirements (e.g., continuous residence, physical presence, admissibility, citizenship skills, etc.). If more than one A-file exists for an applicant, files should be consolidated prior to forwarding. If filed by the applicant, EAD and advance parole requests may be processed after such applicant passes the preliminary processing. If the applicant lacks sufficient evidence to pass the preliminary processing, a Notice of Intent to Deny should be issued.
I am bit confused about the sentence in bold, so does it mean that the person is legally eligible for green card, though he has a record of felony or more than 3 mis-demeanors. My husband has one misdemeanor dur to DUI and his court disposition says "Impaired Driving". So are we to take a lawyer when we go for the interview?
more...
asdcrajnet
04-13 05:15 PM
It will be helpful if we are allowed to apply for I-485 & EAD, even if the visa numbers are not available. They could atleast throw this bone to us, which will be helpful in not needing H1B and allow us to change jobs. Hope they make this amendment to this Bill.
I know the Core team will already be working on this.
I know the Core team will already be working on this.
ONEMOREGCSEEKER
07-15 11:16 PM
Thanks RPAT. With this additional clarification I can say that my case is not similar.
In my case, my employer first applied EB3 (pre-Perm) substitution I-140 with LC priority date of Nov-2004 while my EB2 LC was pending. When in Mar-2007 my Perm EB2 LC was approved, employer asked me if I want to continue with EB3 or want to use new EB2 LC. The day I informed my decision to move with EB2 was the day EB3 I-140 was approved. I think then lawyer used Nov-2004 priority date in my EB2 I-140. Approval for EB2 I-140 was received in Nov-2007 and indicated PD of Nov-2004. My I-485 was filed in Aug-07 as concurrent application. Later my company told me that EB3 I-140 was withdrawn. Now my I-485 is still pending and I suspect it has EB3 classification. I have opened SR early this week. Let's see what's the response.
Thanks for your prompt response. Wish you good luck.
In my case, my employer first applied EB3 (pre-Perm) substitution I-140 with LC priority date of Nov-2004 while my EB2 LC was pending. When in Mar-2007 my Perm EB2 LC was approved, employer asked me if I want to continue with EB3 or want to use new EB2 LC. The day I informed my decision to move with EB2 was the day EB3 I-140 was approved. I think then lawyer used Nov-2004 priority date in my EB2 I-140. Approval for EB2 I-140 was received in Nov-2007 and indicated PD of Nov-2004. My I-485 was filed in Aug-07 as concurrent application. Later my company told me that EB3 I-140 was withdrawn. Now my I-485 is still pending and I suspect it has EB3 classification. I have opened SR early this week. Let's see what's the response.
Thanks for your prompt response. Wish you good luck.
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rkdownload
08-17 12:28 AM
Marriege Certificate
We got a rejection notice for my wife's 485 & 765 application. The notice said
============
"Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
The following documents may be provided:
Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
Your original Form I-360 if you are filing concurrently; or
A copy of your Form I-797 if the petition has already beed filed/approved; or
Other evidence that an immigration visa petition has been filed/approved on your behalf.
==============
My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
We have included following documentation in the package
1) Forms 485 ,765 , G 325 A
2) passport copy
3) Birth certificate and affidavits
4) My 485 receipt notice
5) My I 140 approval
6) Letter from the employer saying that i am still employed with them
7) Pay stubs
Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.
We got a rejection notice for my wife's 485 & 765 application. The notice said
============
"Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
The following documents may be provided:
Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
Your original Form I-360 if you are filing concurrently; or
A copy of your Form I-797 if the petition has already beed filed/approved; or
Other evidence that an immigration visa petition has been filed/approved on your behalf.
==============
My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
We have included following documentation in the package
1) Forms 485 ,765 , G 325 A
2) passport copy
3) Birth certificate and affidavits
4) My 485 receipt notice
5) My I 140 approval
6) Letter from the employer saying that i am still employed with them
7) Pay stubs
Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.
vactorboy29
02-19 06:01 PM
Vivek Dude, I don't know about that...
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
AP - Is for travel purpose,no connection to your work status in US.
EAD - is your work status .If you use it your H1b is envalid.
After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...
For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...
AP - Is for travel purpose,no connection to your work status in US.
EAD - is your work status .If you use it your H1b is envalid.
more...
xstal
01-22 05:18 PM
See this link http://www.uscis.gov/files/nativedocuments/cbo_30sept08.pdf
See Q.18. I think your case is one of the TSC-VSC-TSC or NSC-CSC-NSC transfers. Your attorney needs to follow up with USCIS and USCIS will issue new receipts with the correct receipt dates. Contrary to earlier post, cases are processed per receipt dates, not notice dates. Check your latest 485 receipts for the dates.
"18.Question: There are I-140 and I-485 cases that were originally filed TSC, then transferred to VSC, then transferred back to TSC 3 months later. As a result of the transfer, the original receipt date was replaced with the date of last transfer which is 3 months behind. This causes such cases behind the current processing dates at TSC. What could TSC do to pull those cases forward in the line of cases waiting for processing to correct the problem?
Response: Cases should always retain their original receipt date. If you are aware of cases that lost that date because of work flow transfers, please let us know so we can correct the problem."
per my OP, my physical receipt said my "RECEIPT date" is July 30th.
but the ONLINE status said "it was RECEIVED on Sept 5th"\
I was mainly concern about the wording on the online statis "received on..."
how did you determine I was a NSC-CSC-NSC transfer case from that?
I am a little confused here.
thank you very much
See Q.18. I think your case is one of the TSC-VSC-TSC or NSC-CSC-NSC transfers. Your attorney needs to follow up with USCIS and USCIS will issue new receipts with the correct receipt dates. Contrary to earlier post, cases are processed per receipt dates, not notice dates. Check your latest 485 receipts for the dates.
"18.Question: There are I-140 and I-485 cases that were originally filed TSC, then transferred to VSC, then transferred back to TSC 3 months later. As a result of the transfer, the original receipt date was replaced with the date of last transfer which is 3 months behind. This causes such cases behind the current processing dates at TSC. What could TSC do to pull those cases forward in the line of cases waiting for processing to correct the problem?
Response: Cases should always retain their original receipt date. If you are aware of cases that lost that date because of work flow transfers, please let us know so we can correct the problem."
per my OP, my physical receipt said my "RECEIPT date" is July 30th.
but the ONLINE status said "it was RECEIVED on Sept 5th"\
I was mainly concern about the wording on the online statis "received on..."
how did you determine I was a NSC-CSC-NSC transfer case from that?
I am a little confused here.
thank you very much
thuristic
09-01 09:04 PM
Thanks so much for your insights. If I migrate south bound again, I will probably not return to my current company as I am fed up being the designated work horse.
I have permanent residencies in 4 countries including Canada and I am getting tired being victimized by the immigration system. Unless there is a systematic fix up or my PD becomes current, I plan to continue exploring opportunities else where.
For ladies and gents who are already seeing the light at the end of their tunnels, I wish you the very best.
cheers,
I have permanent residencies in 4 countries including Canada and I am getting tired being victimized by the immigration system. Unless there is a systematic fix up or my PD becomes current, I plan to continue exploring opportunities else where.
For ladies and gents who are already seeing the light at the end of their tunnels, I wish you the very best.
cheers,
more...
cooldude
07-19 12:22 AM
My lawyer sent me the fedex tracking sheet for the I-485 package sent to:
USCIS
Nebraska Service Center
850 S Street
Lincoln, NE 68508
I did not see any PO Box on the Fedex tracking sheet. I am not sure if she put the PO Box on the shipping label or not??
Is it a big deal?? Will my application be accepted.
Please help
USCIS
Nebraska Service Center
850 S Street
Lincoln, NE 68508
I did not see any PO Box on the Fedex tracking sheet. I am not sure if she put the PO Box on the shipping label or not??
Is it a big deal?? Will my application be accepted.
Please help
kak1978
11-30 02:33 PM
I have seen people talking about getting approvals with misdemeanors, but each case may be different. Murthy.com forums has a special section for people dealing with misdemeanor issues and have gone through the process, may be you will get some more tips about preparing for the interview there. Good Luck!
more...
micofrost
07-18 06:25 PM
Since on 2nd July they said they will reject the AOS application, what if they would have done some rejection during that time, and by the time July filers get their application back, it is after 17th of August. In that circumstance, can you send the AOS application back arguing USCIS's mistake and ask them to take it back after 08/17 and would they take it back politely or reject it again.
amoljak
03-22 11:13 AM
I think he was talking about s1932... the immigration related provisions were removed from that in the conference. You need inform them that they should at least get behind the Frist bill or Spector bill and request them to support removing the hard limits on the country quotas.
Some talking points may be:
Ask them if they support quotas for college admissions, and then ask if they support country quotas for immigration...
Explain how quotas that are not tied to population are punishing countries like India and China with larger population.
Also explain how government is dictating to the companies where they can get the talent from and how that harms businesses as it punishes countries with good education system and large talent pools.
Some talking points may be:
Ask them if they support quotas for college admissions, and then ask if they support country quotas for immigration...
Explain how quotas that are not tied to population are punishing countries like India and China with larger population.
Also explain how government is dictating to the companies where they can get the talent from and how that harms businesses as it punishes countries with good education system and large talent pools.
more...
GooblyWoobly
10-17 03:47 PM
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status:
1. Non-immigrant status (H1B/H4 etc).
2. Pending AOS status.
You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.
I might be wrong though.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status:
1. Non-immigrant status (H1B/H4 etc).
2. Pending AOS status.
You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.
I might be wrong though.
snddlth
08-18 08:46 PM
You can open a PO Box in your name and update the address with USCIS. I've done that.
brij523
02-17 12:15 PM
Indraneel ,
amsgc,
guyfromsg,
Vik ,
Nikhil
and significant other GA member
Lets have conference call on Wednesday 2/28/07 at 9pm EST.
Call In number 218-486-1300
Bridge - 654535
Agenda of the meeting
1) Introduction
2) Discuss method to raise membership
3) Plan to contant Senator Office and Cogress Member office
4) Any other topic.
Would appreciate your participation.
Thanks
amsgc,
guyfromsg,
Vik ,
Nikhil
and significant other GA member
Lets have conference call on Wednesday 2/28/07 at 9pm EST.
Call In number 218-486-1300
Bridge - 654535
Agenda of the meeting
1) Introduction
2) Discuss method to raise membership
3) Plan to contant Senator Office and Cogress Member office
4) Any other topic.
Would appreciate your participation.
Thanks
kaisersose
11-13 04:13 PM
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
Your H-1b must be sponsored by a US company. H-1b terms require you to gainfully work only for that employer. As long as your US tax returns do not show any other source of income and show you have been working fulltime for your sponsoring employer, you should be fine.
They do not bother with foreign wages or what you do with your free time ( as long as it inot a second job).
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
Your H-1b must be sponsored by a US company. H-1b terms require you to gainfully work only for that employer. As long as your US tax returns do not show any other source of income and show you have been working fulltime for your sponsoring employer, you should be fine.
They do not bother with foreign wages or what you do with your free time ( as long as it inot a second job).
GotGC??
01-02 12:32 PM
Also, a rise in interest rate if followed by a subsequent decrease in the LIBOR will increase that chance. Provided the Thai Baht remains stable, and another Earthquake does not strike Taiwan.
:)
The premise is that a recession will lower demand for worldwide numbers which will then flow to retrogressed categories due to the AC21 rule.
:)
The premise is that a recession will lower demand for worldwide numbers which will then flow to retrogressed categories due to the AC21 rule.
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