WaitingForMyGC
06-25 09:19 AM
My Company is asking me to sign a new 2 year contract with them to get employment verification letter required for I-485. Is this legal?
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WaitingForMyGC
06-25 09:56 AM
Bumping up.
desi3933
05-21 06:50 AM
I understand two I-140s, one existing (EB-3) and second new I-140 (EB2), but you have also mentioned more. Why need more than two, in what circumstances?
Example -
PD Jan 2002 EB-3 I-140 (Job Title: Senior Programmer)
Filed new I-140 on March 2004 for EB-2 I-140 (Job Title: Project Manager) and claimed earlier PD of Jan 2002
Filed new I-140 on Feb 2009 for EB-1 I-140 (Job Title: Director Software Division) and claimed earlier PD of Jan 2002
Beneficiary can claim PD of Jan 2002 with his EB-1 I-140.
Please note that I-140s can belong to any employer, but they all must belong to same beneficiary.
_________________________
Not a legal advice.
US citizen of Indian origin
.
Example -
PD Jan 2002 EB-3 I-140 (Job Title: Senior Programmer)
Filed new I-140 on March 2004 for EB-2 I-140 (Job Title: Project Manager) and claimed earlier PD of Jan 2002
Filed new I-140 on Feb 2009 for EB-1 I-140 (Job Title: Director Software Division) and claimed earlier PD of Jan 2002
Beneficiary can claim PD of Jan 2002 with his EB-1 I-140.
Please note that I-140s can belong to any employer, but they all must belong to same beneficiary.
_________________________
Not a legal advice.
US citizen of Indian origin
.
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NikNikon
June 16th, 2005, 03:54 PM
Hey Anders, I gave a go at lightening your shot. Would be interested in how yours came out as well.
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BimmerFAn
06-23 12:58 PM
Yeah I saw on the Visa Bulletin that EB3 is really backed up. Kind of upsetting because I am sure that not too many people from my country are working in my field.
Regardless, my position is that of a Financial Services Auditor. The position requirements state that a Master's degree is preferred but a Bachelor's is acceptable if one meets the credit hour requirements to sit for the CPA exam (150 hours).
I heard that EB2 category placement depends on the position requirements not on my actual degree, which is a BS in Accounting and Finance (Double Major, exceeding 150 credit hours). Using that information is there any way that I could be placed in EB2? I got the job with a lesser degree because I was able to demonstrate exceptional ability.
As far as the bonus thing goes, I was trying to address the "renumeration" requirement for EB2. My company is one of the top in the field globally. I reason that if one receives bonuses for being one of the top performers in that company then it should be "exceptional ability."
Lastly I would meet the Professional licensing - CPA/CFA - and professional organization membership - AICPA and other State orgs.
I would speak to my company attorney about this, but I want to get the facts straight. I can see that to save myself a headache I might as well get married to a US citizen.
Regardless, my position is that of a Financial Services Auditor. The position requirements state that a Master's degree is preferred but a Bachelor's is acceptable if one meets the credit hour requirements to sit for the CPA exam (150 hours).
I heard that EB2 category placement depends on the position requirements not on my actual degree, which is a BS in Accounting and Finance (Double Major, exceeding 150 credit hours). Using that information is there any way that I could be placed in EB2? I got the job with a lesser degree because I was able to demonstrate exceptional ability.
As far as the bonus thing goes, I was trying to address the "renumeration" requirement for EB2. My company is one of the top in the field globally. I reason that if one receives bonuses for being one of the top performers in that company then it should be "exceptional ability."
Lastly I would meet the Professional licensing - CPA/CFA - and professional organization membership - AICPA and other State orgs.
I would speak to my company attorney about this, but I want to get the facts straight. I can see that to save myself a headache I might as well get married to a US citizen.
carolva77
05-27 11:50 AM
up
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sugaur
02-01 06:14 PM
Dear all,
I am sorry to post here. I know this is wrong but don't know where to go to. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?
Thank you for your support.
Again, my apologies.
Q. Who is an optimist?
A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D
Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.
I am sorry to post here. I know this is wrong but don't know where to go to. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?
Thank you for your support.
Again, my apologies.
Q. Who is an optimist?
A. A dude on EB3 with priority date of Aug 2005, looking for a "safe secure" future :D
Joking aside dude, Pay off your debts, buy gold for the wife ( investing in the wife may be the surest way to have a safe secure future lol)), keep some CDs, keep handy cash ( a tleast 6 months of pay), good life insurance, medical insurance, max out 401K, and then if you still have some left you can dabble in stocks.
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pkpalta
08-11 05:02 PM
Admin, please remove this post. If INS reads it and amends to verify all the employers then there will be more back logs and more retrogression.
We all know that there are tonne of problems with processing and lots of idiosyncracy but this forum is to solve problems not creating it.
;)
We all know that there are tonne of problems with processing and lots of idiosyncracy but this forum is to solve problems not creating it.
;)
more...
Bhaskar_80
06-10 04:16 PM
Mr. gnutin,
I really appreciate your help on this regard.
Thanks a lot!
I really appreciate your help on this regard.
Thanks a lot!
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lyu265
04-02 02:21 PM
NOT KNOW HOW TRUE BELOW IS, BUT POST IT ANYWAY
PLEASE POST BELOW ON EVERY website and different forums within a website (murthy/immigrationportal/etc) YOU VISIT------------------------------------------------------------------------------------------------------
We are trying to conduct a nation wide rally of faxes/mail to be sent to Concerned authorities on April 3rd and April 4th, if your Labor is stuck in any of the BEC please send a
- Mail to below address (so that all mail could reach authorities on same week)
- Fax to below number (so that all faxes could reach authorities on same day)
Dates: April 3rd (preferable) and APRIL 4th (if you forget)
MAKE A CALENDER ENTRY
Please use same subject in all your faxes, no matter how you want to address your content of the letter. Please try to post matter of this posting to all forums you visit.
Subject: Delay in Foreign Labor Certification application approval process at Philadelphia Backlog Processing Center
DOL Contacts
Ms. Elaine L. Chao
Secretary of Labor
(202) 693-6000
Mr. Paul T. Conway
Chief of Staff
(202) 693-6007
Mr. Steven J. Law
Deputy Secretary
(202) 693-6000
Ms. Ruth D. Knouse
Executive Secretariat Director
(202) 693-6100
Ms. Amy Barrera
Director of Advance & Scheduling
(202) 693-6003
Ms. Laura Genero
Associate Deputy Secretary
(202) 693-6000
Address for all the above people
U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 20210
--------------------------------------------------------------------------------
WE SEND LETTERS ON APRIL 3rd or 4th (NOT BEFORE)
WE FAX LETTERS ON APRIL 3rd or 4th
Below is the sample draft:
-------------------------
Subject: Delay in Foreign Labor Certification Application approval process at Philadelphia Backlog Processing Center
Dear Sir / Madam:
I would like to bring it to your attention the delays in LCA approval process at Philadelphia Backlog Processing Center. I have been waiting for almost 2 years since the commencement of Philadelphia Backlog Processing Center and has not received my approval.
My family and I are suffering constantly due to these delays. Please take necessary measures to speed up the approval process.
I would be highly appreciated if you look into this matter as soon as possible.
Sincerely,
your name
City, State, Zipcode
__________________
ETA Case Number:
YOUR PRIORITY DATE
YOUR STATE
TR/RIR
PLEASE POST BELOW ON EVERY website and different forums within a website (murthy/immigrationportal/etc) YOU VISIT------------------------------------------------------------------------------------------------------
We are trying to conduct a nation wide rally of faxes/mail to be sent to Concerned authorities on April 3rd and April 4th, if your Labor is stuck in any of the BEC please send a
- Mail to below address (so that all mail could reach authorities on same week)
- Fax to below number (so that all faxes could reach authorities on same day)
Dates: April 3rd (preferable) and APRIL 4th (if you forget)
MAKE A CALENDER ENTRY
Please use same subject in all your faxes, no matter how you want to address your content of the letter. Please try to post matter of this posting to all forums you visit.
Subject: Delay in Foreign Labor Certification application approval process at Philadelphia Backlog Processing Center
DOL Contacts
Ms. Elaine L. Chao
Secretary of Labor
(202) 693-6000
Mr. Paul T. Conway
Chief of Staff
(202) 693-6007
Mr. Steven J. Law
Deputy Secretary
(202) 693-6000
Ms. Ruth D. Knouse
Executive Secretariat Director
(202) 693-6100
Ms. Amy Barrera
Director of Advance & Scheduling
(202) 693-6003
Ms. Laura Genero
Associate Deputy Secretary
(202) 693-6000
Address for all the above people
U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 20210
--------------------------------------------------------------------------------
WE SEND LETTERS ON APRIL 3rd or 4th (NOT BEFORE)
WE FAX LETTERS ON APRIL 3rd or 4th
Below is the sample draft:
-------------------------
Subject: Delay in Foreign Labor Certification Application approval process at Philadelphia Backlog Processing Center
Dear Sir / Madam:
I would like to bring it to your attention the delays in LCA approval process at Philadelphia Backlog Processing Center. I have been waiting for almost 2 years since the commencement of Philadelphia Backlog Processing Center and has not received my approval.
My family and I are suffering constantly due to these delays. Please take necessary measures to speed up the approval process.
I would be highly appreciated if you look into this matter as soon as possible.
Sincerely,
your name
City, State, Zipcode
__________________
ETA Case Number:
YOUR PRIORITY DATE
YOUR STATE
TR/RIR
more...
nozerd
09-07 10:09 AM
For LI you need to have worked with foreign company for at least 1 yr. I have worked for ABC USA for 7 yrs but not ABC Canada yet. I think for L1 I should work for ABC Canada for more than 1 yr.
Also when is the next lawyers call ? The last one it says was scheduled for 9/1 and its transcript is not posted. I would like to put this question to the lawyer.
Also when is the next lawyers call ? The last one it says was scheduled for 9/1 and its transcript is not posted. I would like to put this question to the lawyer.
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pt326bc
10-02 03:54 PM
r u telling me that other company can apply for perm and I dont have to work for them? is it really possible? i always thought that you have be h1 for the company and then only they can apply for your perm. can a company apply for perm without transfering h1?
thanks
That's the fundamental idea behind the green card process; Green Card is for a "future job".
There is no legal requirement that you have to be employed by a firm at the time the green card process is initiated (Labor Certification).
There is also no legal requirement you even be in US (ever) before the process is initiated.
The only legal requirement is that you work for the employer for some time (a few months is what the general consensus of lawyers seems to be) AFTER you receive your green card.
Regards.
thanks
That's the fundamental idea behind the green card process; Green Card is for a "future job".
There is no legal requirement that you have to be employed by a firm at the time the green card process is initiated (Labor Certification).
There is also no legal requirement you even be in US (ever) before the process is initiated.
The only legal requirement is that you work for the employer for some time (a few months is what the general consensus of lawyers seems to be) AFTER you receive your green card.
Regards.
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fide_champ
09-16 04:06 PM
USCIS will have no way of knowing whether someone is collecting Unemployment benefits. At the time of I-485 approval, they may need your EVL to prove your employment if you have used AC21. As long as you can provide that letter, you should be safe whether you collect Unemployment benefit or not.
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sagis99
03-18 01:08 PM
Not sure if funny is the right term to use here, but this makes me think about
the cold-war era russia/east germany type of bureaucracy.
amazing.
the cold-war era russia/east germany type of bureaucracy.
amazing.
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nozerd
09-06 01:42 PM
Can H1 visa stamp be used for travel convenience ?
I am EB3 India with PD of August 2001. I 140 approved but cant file I 485 due to retro. I have sent in my application for 8th -10th yr H1 extension. I am already Canadian PR landed in April 2005 so basically need to do something in early 2008 if I still need to hold on to my Canadian PR. I have worked for same firm since last 7 + yrs and they are quite cooperative within limits.
I wanted to know if I can work for my company's Canadian operations and still hold H1 visa and travel on that H1 visa. Please note that I will be on Canadian payroll. Is this legal ? Is it ok for the company to keep extending my H1 ? I know they can keep my Green card case alive but what about H1 ?
Is it ok to stay outside US and get paid outside US and still use H1 visa to travel ?
I am EB3 India with PD of August 2001. I 140 approved but cant file I 485 due to retro. I have sent in my application for 8th -10th yr H1 extension. I am already Canadian PR landed in April 2005 so basically need to do something in early 2008 if I still need to hold on to my Canadian PR. I have worked for same firm since last 7 + yrs and they are quite cooperative within limits.
I wanted to know if I can work for my company's Canadian operations and still hold H1 visa and travel on that H1 visa. Please note that I will be on Canadian payroll. Is this legal ? Is it ok for the company to keep extending my H1 ? I know they can keep my Green card case alive but what about H1 ?
Is it ok to stay outside US and get paid outside US and still use H1 visa to travel ?
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GCplease
08-16 02:05 PM
Initially, when lawyer sent the documents for signature, they said we should send a $745 dollars check for spouse's form fees. So, my husband asked HR if he's gonna pay for this but HR told him no need they are gonna cover it.
But just yesterday, after my husband got his payslip they deducted 1245 fee. So, my husband complained that he was told that he's not suppose to pay even for spouse's fee.
Because of this complaint, Company sent a letter of apology for wrong information.
My question is , do we really need to pay for this + separate legal fee?
Sorry my details are incomplete in my first post.
Please help. Thanks
It depends on the Company and the Attorney.
Some attorneys file for the whole family for the Legal fees(for attorney) paid for the principal applicant. These are good attorneys :)
Some like mine charge a separate legal fee for the principal which will be paid for by the company and a separate fee for the dependents which we need to shell out from our pocket.
Most companies cover the filing fees (for USCIS) for the Principal applicant alone and we need to take care of our dependents' filing fees.
I had to pay the filing fees and legal fees for my wife and kid.
As I said previously, it depends on whether we are woking for a good financially strong company or not.
Hope this helps.
But just yesterday, after my husband got his payslip they deducted 1245 fee. So, my husband complained that he was told that he's not suppose to pay even for spouse's fee.
Because of this complaint, Company sent a letter of apology for wrong information.
My question is , do we really need to pay for this + separate legal fee?
Sorry my details are incomplete in my first post.
Please help. Thanks
It depends on the Company and the Attorney.
Some attorneys file for the whole family for the Legal fees(for attorney) paid for the principal applicant. These are good attorneys :)
Some like mine charge a separate legal fee for the principal which will be paid for by the company and a separate fee for the dependents which we need to shell out from our pocket.
Most companies cover the filing fees (for USCIS) for the Principal applicant alone and we need to take care of our dependents' filing fees.
I had to pay the filing fees and legal fees for my wife and kid.
As I said previously, it depends on whether we are woking for a good financially strong company or not.
Hope this helps.
more...
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21stIcon
05-04 01:07 PM
I've been monitoring BEC&PERM for the past 30 days and delved deeper on all labor processing thread, but found none on denials of conversion, please point out some reference URLs for PERM conversion denials that would be helpful.
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bp333
07-26 10:57 AM
What was your Priority Date?
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rajenk
07-15 01:53 PM
The porting of PD is during I-140 filing. So there isn't any day limits as to when you can join the new company. If you leave your current company the only thing that you can carry over is the PD from your approved I-140. So this is what you should do.
1. Join the new company (the client of your current company)
2. Have them file labor certification.
3. Once labor approved while filing new I-140 your attorney need to request port of PD from your previously approved I-140.
That is all it takes. This is a standard process.
Make sure to get a legible copy of the approved I-140, not the courtesy copy, you need the actual I-140 approval. On Courtesy copy they clearly say that, using that copy you cannot claim it as a proof of approval/any benefit out of that. So that is important.
Also get all your experience letters. The new attorney might ask for it at the stage of filing labor itself.
Hope this clears your hold up.
PM me if you need further clarification.
Good luck on your new job.
-Raj:)
1. Join the new company (the client of your current company)
2. Have them file labor certification.
3. Once labor approved while filing new I-140 your attorney need to request port of PD from your previously approved I-140.
That is all it takes. This is a standard process.
Make sure to get a legible copy of the approved I-140, not the courtesy copy, you need the actual I-140 approval. On Courtesy copy they clearly say that, using that copy you cannot claim it as a proof of approval/any benefit out of that. So that is important.
Also get all your experience letters. The new attorney might ask for it at the stage of filing labor itself.
Hope this clears your hold up.
PM me if you need further clarification.
Good luck on your new job.
-Raj:)
The7zen
03-13 01:06 PM
I have updated my profile..IV has been a source of strength in my Journey..i wish good things happen at USCIS and hard working legal immigrants like us get the GC quickly
Congrats....
:) please consider contributing to the FOIA funding drive and help us :)
Congrats....
:) please consider contributing to the FOIA funding drive and help us :)
Ann Ruben
01-24 10:05 AM
Do you have a currently valid H-1 visa stamped in your passport? If you do, you don't have to apply for a new visa at a US Consul abroad. You would only have to leave the US and return using that visa and presenting the approval notice for company A along with proof that you are coming to the US to work for company A.
I agree with Raysaikat that USCIS is not likely to approve a nunc pro tunc H-1 under these circumstances. But whether or not you pursue this option, you should get and keep as much documentation as possible to show you honestly and reasonably believed you were authorized to work for company B. Such documentation might include any written communications from company B or the attorney telling you that the H petition had been filed and/or that you could legally begin work for them.
Ann
I agree with Raysaikat that USCIS is not likely to approve a nunc pro tunc H-1 under these circumstances. But whether or not you pursue this option, you should get and keep as much documentation as possible to show you honestly and reasonably believed you were authorized to work for company B. Such documentation might include any written communications from company B or the attorney telling you that the H petition had been filed and/or that you could legally begin work for them.
Ann
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