md2003
10-24 10:39 AM
I am planning to file Labor in EB2. My Attorney sent job requirement which needs Master's + 1 year experience. But my current salary is almost 20k less than prevailing wage (level 4) for senior software engineer. But currently my salary equivalent to wage level 2.
I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .
I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?
Any suggestions on this.
Thx
I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .
I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?
Any suggestions on this.
Thx
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vegaspd
06-01 06:03 PM
I received a notice from uscis
"USCIS will use the priority date that must benefits the applicant, your request has been sent to your file"
Anybody has any idea what this means.
Thank you all
Vegaspd
"USCIS will use the priority date that must benefits the applicant, your request has been sent to your file"
Anybody has any idea what this means.
Thank you all
Vegaspd
needgreen
09-06 09:43 AM
it is fine to have both I-485s filed and pending - generally speaking, if one gets approved, USCIS should deny the other (as a LPR you will no longer be eligible to adjust your status to lpr).
Thank you very much for your reply. Just wanted to know what is "LPR"?
Thank you very much for your reply. Just wanted to know what is "LPR"?
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jkays94
06-21 06:46 PM
Thanks for reply
How can I find was it for misdemeanor or battery or felony?
I-485 part III would require you to answer 'yes' to the following question:
Have you ever, in or outside the United States:
been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?
Your best bet would be to conduct a background check in your state to see if it shows up on your record. You might want to consult a lawyer to see if this shows up in police or other records as well. Ironically I recently heard of a lawyer who recently advised someone to answer no to the question for a DWI since it was a 'traffic violation'. Note that if you answer yes you have the opportunity to explain on a separate piece of paper.
How can I find was it for misdemeanor or battery or felony?
I-485 part III would require you to answer 'yes' to the following question:
Have you ever, in or outside the United States:
been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?
Your best bet would be to conduct a background check in your state to see if it shows up on your record. You might want to consult a lawyer to see if this shows up in police or other records as well. Ironically I recently heard of a lawyer who recently advised someone to answer no to the question for a DWI since it was a 'traffic violation'. Note that if you answer yes you have the opportunity to explain on a separate piece of paper.
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anoop4real
11-23 10:13 AM
Anoop - dont worry about it and ask your company to reapply with a stronger educational valuation. Everything depends on the educational valuation report submitted along with the application.
Request for a stronger educational evaluation and request them to reapply.
Thanks for the reply,
My visa petition went to RFE first and when I enquired my employer they said that the consulate asked for education evaluation report and they have send it, but they didnt show me what they have send and unfortunately this years quota seem to be over, I have to wait for some more time :-(
-Anoop
Request for a stronger educational evaluation and request them to reapply.
Thanks for the reply,
My visa petition went to RFE first and when I enquired my employer they said that the consulate asked for education evaluation report and they have send it, but they didnt show me what they have send and unfortunately this years quota seem to be over, I have to wait for some more time :-(
-Anoop
chanduv23
10-16 04:43 PM
320k make majority sitting and hatching.
800k will make majority jumping and fighting.
what is real number again??
I am confused by your statement. Can you elaborate?
800k will make majority jumping and fighting.
what is real number again??
I am confused by your statement. Can you elaborate?
more...
gc_chahiye
06-28 03:17 AM
even if he goes back to A, these intervening 3 months might be dicey. His status cant be on B's H1 since that was denied, and it cant be on A's H1 since A is not paying him in these three months.
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kevnss
04-01 12:36 PM
Any help would be greately appreciated.
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sparuthi
08-21 05:58 PM
So guys just off the phone with a very decent IO at NSC . talked to her 30 mins, yes you are right 30 mins..which is unheard off..
the questions that I asked were very simple
Q1. Hello Maam, i would like to know the status of my I485
A1. This is not the place to ask for status
Q2: But, Maam, I wanted to know where my case stands as people with PDs and RDs later than mine (mine is March 2006 and July 26 2007) are being adjudicated
A2: Well, we cannot disclose anybody else's case, but each case is different, so we dont know
Q3: Okay, but can u tell me if my namecheck has been cleared (although i checked a week back and another IO told me it was cleared)
A3: No, for privacy purposes we cannot disclose this info
Q4: Okay then can you tell me why there was a LUD on my approved I40 on 7/13. (guess there were lots of us who had this)
A4: Yes, I can tell you that, what is your Receipt number
Q5. Here is my recpt number
A5: Okay it looks like your I140 was filed at Texas and they sent the file over to us. we consolidated that with your I485
Q6: Does that mean that my case is being worked upon
A6: No it does not mean that. This step is one of many many steps that are required for 485 processing. so this will not tell you anything
Q7: Is my case assigned to a IO
A7: No we cannot give this info, and even if you have this info, it is useless info as the center is going towards Backlog.
Q8: Then what is the meaning of processing dates as issued by USCIS
A8: They dont mean much,. they are just a gestimation of where things stand, and as off now the centers are facing backlog. there is lot of restructuring going on within the centers. The place to check is on the website., any change will be reflected there and it is upto date.
This was the gist of my call with the IO today.. w
What is the bottom line?
Sit tight and things will move only when USCIS wants.. nothing will happen otherwise..
so guys good luck to all of us.....
cheers
the questions that I asked were very simple
Q1. Hello Maam, i would like to know the status of my I485
A1. This is not the place to ask for status
Q2: But, Maam, I wanted to know where my case stands as people with PDs and RDs later than mine (mine is March 2006 and July 26 2007) are being adjudicated
A2: Well, we cannot disclose anybody else's case, but each case is different, so we dont know
Q3: Okay, but can u tell me if my namecheck has been cleared (although i checked a week back and another IO told me it was cleared)
A3: No, for privacy purposes we cannot disclose this info
Q4: Okay then can you tell me why there was a LUD on my approved I40 on 7/13. (guess there were lots of us who had this)
A4: Yes, I can tell you that, what is your Receipt number
Q5. Here is my recpt number
A5: Okay it looks like your I140 was filed at Texas and they sent the file over to us. we consolidated that with your I485
Q6: Does that mean that my case is being worked upon
A6: No it does not mean that. This step is one of many many steps that are required for 485 processing. so this will not tell you anything
Q7: Is my case assigned to a IO
A7: No we cannot give this info, and even if you have this info, it is useless info as the center is going towards Backlog.
Q8: Then what is the meaning of processing dates as issued by USCIS
A8: They dont mean much,. they are just a gestimation of where things stand, and as off now the centers are facing backlog. there is lot of restructuring going on within the centers. The place to check is on the website., any change will be reflected there and it is upto date.
This was the gist of my call with the IO today.. w
What is the bottom line?
Sit tight and things will move only when USCIS wants.. nothing will happen otherwise..
so guys good luck to all of us.....
cheers
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jackhardy
02-03 10:37 AM
After seeing the State of The Union Speech I wrote to the President about green card processing delays and immigration reform.
I would recommend you all do the same.
Hoping he reads at-least one of our letters and show some mercy + change!
The address to mail is:
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Thanks!
I would recommend you all do the same.
Hoping he reads at-least one of our letters and show some mercy + change!
The address to mail is:
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500
Thanks!
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sanju
09-05 01:25 PM
I am sorry if this has been asked 100 times before and would appreciate if someone can provide a linky.
Is it okie to have gap between AP renewals or is it a problem?
Thanks
-p
It is ok to have gap between AP renewals even when you are using EAD as work authorization. You are ok if did not apply for AP during the entire I-485 wait time, even if you are using EAD or used AC21 to change employer. You need valid AP only on the day you leave US, period of stay outside of US and the date you enter back into US when waiting for I-485 approval. In the same manner, you need not even apply for EAD if you do not plan to use EAD card or the gaps between EAD period is also ok as long as you are not using EAD as your work authorization, and you have other work authorization like valid H1/J1.
EAD & AP are just like Add-ons to your computer. They are not mandatory, but you definately want them at the time you want to use them.
Hope this answers your question.
Is it okie to have gap between AP renewals or is it a problem?
Thanks
-p
It is ok to have gap between AP renewals even when you are using EAD as work authorization. You are ok if did not apply for AP during the entire I-485 wait time, even if you are using EAD or used AC21 to change employer. You need valid AP only on the day you leave US, period of stay outside of US and the date you enter back into US when waiting for I-485 approval. In the same manner, you need not even apply for EAD if you do not plan to use EAD card or the gaps between EAD period is also ok as long as you are not using EAD as your work authorization, and you have other work authorization like valid H1/J1.
EAD & AP are just like Add-ons to your computer. They are not mandatory, but you definately want them at the time you want to use them.
Hope this answers your question.
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ziggy7bs
03-14 01:20 PM
Have you filed i-140?
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sathishav
05-12 05:39 PM
u can file but u have to join the petition filing employer once u get GC or otherwise it will be fraud.
smuggymba nailed it. If you never worked for your GC emp its fraud and will create issues during Naturalization.
smuggymba nailed it. If you never worked for your GC emp its fraud and will create issues during Naturalization.
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SlowRoasted
05-22 10:17 PM
not feeling the font.
also a blue sky might give more of an island feel. When i see the stamp i think of a scorching hot desert right now.
also a blue sky might give more of an island feel. When i see the stamp i think of a scorching hot desert right now.
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ps57002
09-16 11:19 AM
This plea is for people who are still undecided about the rally and have lot of friends in the same situation. If there is a group of friends in the same situation it only takes one brave soul to make a decision and every one will jump in. We all seen this in trivial matters like going for vacation, movies etc..
I see the problem is in taking the first step and others will jump right in immediately. So if your friends look up for you to make the decision, please be a leader and do it now. You will not only make a difference in their life and their life as well.
Can you take that elusive first step?????. People in and around DC area it's only a day trip. Atlanta/NC/SC folks, not too late. Please PM either me or ramus.
Very true...be the brave one, be the wise one, be the one to think of your future...be the one to take that step and be an example. Others will follow.
I see the problem is in taking the first step and others will jump right in immediately. So if your friends look up for you to make the decision, please be a leader and do it now. You will not only make a difference in their life and their life as well.
Can you take that elusive first step?????. People in and around DC area it's only a day trip. Atlanta/NC/SC folks, not too late. Please PM either me or ramus.
Very true...be the brave one, be the wise one, be the one to think of your future...be the one to take that step and be an example. Others will follow.
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chandra140
07-25 07:34 AM
I have my H1B stamped visa from company A,and is valid till September 2010.I came to India in August 2009 and planning to come back to US in the next month.
Meanwhile i have filed for a H1B tranfer to company B in April'2010 and it was approved in last week.
My question is can i come back to US on my stamped visa from Company A.Is that still valid even after my transfer was approved to Company B ?.
Do i have any problems at port of entry to us ?.
Or do i need to go for H1B stamping for Company B.
please tell me what are my options.any help is greatly appreciated.
Meanwhile i have filed for a H1B tranfer to company B in April'2010 and it was approved in last week.
My question is can i come back to US on my stamped visa from Company A.Is that still valid even after my transfer was approved to Company B ?.
Do i have any problems at port of entry to us ?.
Or do i need to go for H1B stamping for Company B.
please tell me what are my options.any help is greatly appreciated.
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Blog Feeds
08-12 09:50 AM
There is not a dull moment this summer for us immigration lawyers, all thanks to good old USCIS. On 8/6/09 USCIS announced that it has reopened the fiscal year 2009 H-2B petition filing period and will immediately accept petitions. This is after closing the cap in January this year.
How could this happen? The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.
But the catch is that filing and processing must be done by September 30, 2009. So those eligible must use the premium processing to do so. Also, employers must submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition. The petitioner must also indicate an employment start date before Oct. 1, 2009. Otherwise the case will be considered for fiscal year 2010.
These are good news for employers in the Hospitality and construction industries, as long as they have approved Labor Certification to be used. My guess is that there are not too many employers that filed for Labor Certifications knowing that visas will not last too long. But this is an indication for the future of the H2B visa and the cap restrictions. We call the government to lift the cap once and for all.
Read the press release from USCIS here Download file (http://www.visalawyerblog.com/uscis%202009.pdf)
More... (http://www.visalawyerblog.com/2009/08/h2b_visas_uscis_announces_reop.html)
How could this happen? The Department of State received far fewer than expected requests for H-2B visas and as a result, has issued only 40,640 H-2B visas for fiscal year 2009 to date. This means that there are approximately 25,000 visas that may go unused, as they have not been granted. Because of the low visa issuance rate, USCIS is reopening the filing period to allow employers to file additional petitions for qualified H-2B temporary foreign nonagricultural workers.
But the catch is that filing and processing must be done by September 30, 2009. So those eligible must use the premium processing to do so. Also, employers must submit the Form I-129 Petition for a Nonimmigrant Worker to USCIS with all required documents, including an approved Alien Employment Certification from the U.S. Department of Labor that is valid for the entire employment period stated on the petition. The petitioner must also indicate an employment start date before Oct. 1, 2009. Otherwise the case will be considered for fiscal year 2010.
These are good news for employers in the Hospitality and construction industries, as long as they have approved Labor Certification to be used. My guess is that there are not too many employers that filed for Labor Certifications knowing that visas will not last too long. But this is an indication for the future of the H2B visa and the cap restrictions. We call the government to lift the cap once and for all.
Read the press release from USCIS here Download file (http://www.visalawyerblog.com/uscis%202009.pdf)
More... (http://www.visalawyerblog.com/2009/08/h2b_visas_uscis_announces_reop.html)
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bandoayan
09-17 04:58 PM
Leave aside ranking, this MBA program is not accredited by AACSB (AACSB International-The Association to Advance Collegiate Schools of Business (http://www.aacsb.edu)), the institution which accredits Business Schools. I wonder what value you will get in the market for an MBA from this University.
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manderson
10-17 12:29 PM
I got referred to the following 2 attorneys when I was thinking about the Eb-5 scheme via the Seattle City investments. I heard both of them are very good.
Lincoln Stone in LA, lincoln@lskglaw.com
Bob Gaffney in SF, rpg@usvisanet.com
can u tell me more about this Seattle City investment? u can PM me if u want.
Lincoln Stone in LA, lincoln@lskglaw.com
Bob Gaffney in SF, rpg@usvisanet.com
can u tell me more about this Seattle City investment? u can PM me if u want.
kewlchap
11-07 11:21 PM
Folks,
I was current starting Sept 1 and did not get my GC till Oct second week. However, during the first week of Oct., I wrote a detailed letter to Secy. Napolitano and also to the Ombudsman. I got my GC subsequently. Yesterday, someone from USCIS called me and said that he was calling in response to my letter to Secy. Napolitano. He congratulated me on my GC and asked me if everything had gone OK and if he could close my letter out. Just thought that this information might help someone who is stuck in the queue of being current, but not getting a GC. Please file 7001 form with Ombudsman and contact Secy Napolitano if you are in this situation.
I was current starting Sept 1 and did not get my GC till Oct second week. However, during the first week of Oct., I wrote a detailed letter to Secy. Napolitano and also to the Ombudsman. I got my GC subsequently. Yesterday, someone from USCIS called me and said that he was calling in response to my letter to Secy. Napolitano. He congratulated me on my GC and asked me if everything had gone OK and if he could close my letter out. Just thought that this information might help someone who is stuck in the queue of being current, but not getting a GC. Please file 7001 form with Ombudsman and contact Secy Napolitano if you are in this situation.
Hrithik
01-21 12:07 AM
Hi,
I am quite frustrated with my present situation. Here's my sad story:
I came to US on L1B Visa through company A. In 2010 Company B filed for my H1B. They asked me to pay half of the H1B filing money ($1500) which will be returned later. They sent me a document mentioning that as a training cost which I signed and paid them online $1500. I shouldn't have done this. My mistake. I was never given any training and money was not returned. :(
Company B also verbally committed to me that they'll be paying me roughly 80% of the client project contract amount which they will be getting from the client. They asked me to sigh the contract document with them which mentioned my salary way to less than expected. When I asked why the salary is mentioned too less here, they mentioned that don't worry about it. It is done to keep the agreement same as LCA filled. And I'll be getting what I was promised. the contract document also mentioned that if i leave the company within 1 year, I'll be paying liquidity damages to the company. This was big trap which I didn't understand that time and signed the document. This was my 2nd biggest mistake. :(
Now for last 5 months they are paying me at very lower rate (what was in the contract which is roughly 50% of client project contract amount). I called them on phone and they mentioned that they'll eventually release my salaries but they never released. I sent many emails that this is not what I should be getting as per the commitment given but they never replied to my emails. I mentioned in the emails cleary that what I should be getting. So now they haven't paid me almost $8,000 in last 5 months.
I am planning to quit the company B and join company C.
Here are my questions:
1) Is there any way I can complain legally about Company B and get my money? I have sent many emails that mentions what I should be getting. Does emails can be used in this case?
2) If I leave the company B and join company C. Can they drag me to the court to pay for liquidity damages since I left them within 1 year?
I moved to H1B thinking that I would have a better life but it has become way more worse. Please advise me what are the best suggestions for me in this situation. Thanks a lot. :)
Please help me !!
Regards.
Hrithik.
I am quite frustrated with my present situation. Here's my sad story:
I came to US on L1B Visa through company A. In 2010 Company B filed for my H1B. They asked me to pay half of the H1B filing money ($1500) which will be returned later. They sent me a document mentioning that as a training cost which I signed and paid them online $1500. I shouldn't have done this. My mistake. I was never given any training and money was not returned. :(
Company B also verbally committed to me that they'll be paying me roughly 80% of the client project contract amount which they will be getting from the client. They asked me to sigh the contract document with them which mentioned my salary way to less than expected. When I asked why the salary is mentioned too less here, they mentioned that don't worry about it. It is done to keep the agreement same as LCA filled. And I'll be getting what I was promised. the contract document also mentioned that if i leave the company within 1 year, I'll be paying liquidity damages to the company. This was big trap which I didn't understand that time and signed the document. This was my 2nd biggest mistake. :(
Now for last 5 months they are paying me at very lower rate (what was in the contract which is roughly 50% of client project contract amount). I called them on phone and they mentioned that they'll eventually release my salaries but they never released. I sent many emails that this is not what I should be getting as per the commitment given but they never replied to my emails. I mentioned in the emails cleary that what I should be getting. So now they haven't paid me almost $8,000 in last 5 months.
I am planning to quit the company B and join company C.
Here are my questions:
1) Is there any way I can complain legally about Company B and get my money? I have sent many emails that mentions what I should be getting. Does emails can be used in this case?
2) If I leave the company B and join company C. Can they drag me to the court to pay for liquidity damages since I left them within 1 year?
I moved to H1B thinking that I would have a better life but it has become way more worse. Please advise me what are the best suggestions for me in this situation. Thanks a lot. :)
Please help me !!
Regards.
Hrithik.
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