
morchu
04-22 09:48 AM
Yes to both questions.
Priority date can be retained only after 140 approval.
I have seen PERM applications get approved with multiple locations mentioned.
But it is on a case by case basis. You may need to prove the requirement for multiple location.
Thanks Morchu for clarifying this. I do not want to be unlawful at anytime. That's why I am trying to understand this process as best as possible and then plan accordingly. so when you say this "You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so" the only way to retain priority date is with approved I-140 .
Secondly, I read online either at this forum or at Murthy that one can include as part of "ETA form 9089" (Application for Permanent Employment Certification) a clause which states that the person "may be assigned to various, unanticipated sites throughout the United States". Is it true? And is it used widely by employers to retain flexibility?
Thanks a lot!!!!!!!!
Priority date can be retained only after 140 approval.
I have seen PERM applications get approved with multiple locations mentioned.
But it is on a case by case basis. You may need to prove the requirement for multiple location.
Thanks Morchu for clarifying this. I do not want to be unlawful at anytime. That's why I am trying to understand this process as best as possible and then plan accordingly. so when you say this "You are NOT loosing "anything" by filing a second LC at the new location. You keep your priority date, and PERM is fast and I-140 processing time is 4 months or so" the only way to retain priority date is with approved I-140 .
Secondly, I read online either at this forum or at Murthy that one can include as part of "ETA form 9089" (Application for Permanent Employment Certification) a clause which states that the person "may be assigned to various, unanticipated sites throughout the United States". Is it true? And is it used widely by employers to retain flexibility?
Thanks a lot!!!!!!!!
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gc_relief
03-06 01:25 PM
Guys this will be a good idea..If we can send a letter to Pres Obama like we did in the past..Let me know your thoughts..

panky72
05-21 02:03 PM
hi,
Just want to find out the process to apply for interim EAD...I applied for EAD renewal on 8th of may and my EAD expires August 16th...i doubt i get my EAD before my current expires...i just want to find out whether i can apply for interim EAD or ??? if yes, what are the current procedures? I e-filed my EAD application and sent all documents to TSC...please help gurus.
I think the interim EAD is no longer available. But you might get your EAD before Aug 16th. I got my EAD in 45 days (paper file at NE)
Just want to find out the process to apply for interim EAD...I applied for EAD renewal on 8th of may and my EAD expires August 16th...i doubt i get my EAD before my current expires...i just want to find out whether i can apply for interim EAD or ??? if yes, what are the current procedures? I e-filed my EAD application and sent all documents to TSC...please help gurus.
I think the interim EAD is no longer available. But you might get your EAD before Aug 16th. I got my EAD in 45 days (paper file at NE)
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ikass
05-29 08:35 AM
Even if we can get one of these, especially, Item #3 passed will provide relief to many candidates.
For example, we can request Congress to amend to "Allow USCIS to issue 3 year EAD along with I140 Approval."
Can IV help pass this request on Advocacy days?
For example, we can request Congress to amend to "Allow USCIS to issue 3 year EAD along with I140 Approval."
Can IV help pass this request on Advocacy days?
more...

english_august
09-11 12:29 AM
Bump!!

njboy
05-08 09:47 AM
hey, my paki friend,
this forum was created for the express purpose of addressing the backlog for employment based adjustment of status. Maybe you should try a more general forum to ask questions about H1 visa stamp/criminal issues etc. Infact on the Murthy forum, there is a specific area devoted to such issues and you will perhaps get better response.
regards.
this forum was created for the express purpose of addressing the backlog for employment based adjustment of status. Maybe you should try a more general forum to ask questions about H1 visa stamp/criminal issues etc. Infact on the Murthy forum, there is a specific area devoted to such issues and you will perhaps get better response.
regards.
more...

anil_gc
11-30 12:27 PM
Since your PD is in 2006, It may be a mistake.
This month I have seen many applicatiions with PD - EB2-India Jan-2003 to Jan 2004 are approved.
If you see many other updates like "Card production ordered" "Welcome NEW permanent residents" in the coming days then it may be a real approval
This month I have seen many applicatiions with PD - EB2-India Jan-2003 to Jan 2004 are approved.
If you see many other updates like "Card production ordered" "Welcome NEW permanent residents" in the coming days then it may be a real approval
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jasmin45
08-08 04:27 PM
You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...
You are correct! Question is not about 180 days limit.. it was about paystubs and job itself. If there is no paystub for extended period, its more than "in status" issue. From employer perspective, Its a voilation, not paying a sponsored Ailen. From employee perspective, this may generate hickups when IO ask to produce proof of salary and taxes during adjudication of 485 if total pay does not add up to statutory minimum for H1B.
You are correct! Question is not about 180 days limit.. it was about paystubs and job itself. If there is no paystub for extended period, its more than "in status" issue. From employer perspective, Its a voilation, not paying a sponsored Ailen. From employee perspective, this may generate hickups when IO ask to produce proof of salary and taxes during adjudication of 485 if total pay does not add up to statutory minimum for H1B.
more...

moe
02-11 10:35 AM
thank you for repply.i try to stay legal here much as everybody but sistem work slow and put me out only for 3 monts. since then i fight to get my statu back .and i will get it back soon or letter.
thank you for tread me like humanbean.
Some people did not notice that you are not illegal immigrant, you are going thru legal process just like everyone else here. US legal system provides a way to reconcile overstay/out of status situation.
Anyway, you cannot use your lottery case as that visa number expired back in 03.
and for others people here..
one day you can lost you statu here because you lawyer or some difirent raisen.. then you will fell how i fell..
i hope you guys get you gc soon..
no more post for me .goodby
thank you for tread me like humanbean.
Some people did not notice that you are not illegal immigrant, you are going thru legal process just like everyone else here. US legal system provides a way to reconcile overstay/out of status situation.
Anyway, you cannot use your lottery case as that visa number expired back in 03.
and for others people here..
one day you can lost you statu here because you lawyer or some difirent raisen.. then you will fell how i fell..
i hope you guys get you gc soon..
no more post for me .goodby
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pradeep_s
12-20 11:04 PM
Janilsal,
I have I-140 notice with me. Thanks for your tips.
pradeep
I have I-140 notice with me. Thanks for your tips.
pradeep
more...

vkrishn
07-28 10:00 PM
Checked the USCIS Website today and there is no Soft LUD on my 485. But i did notice that the "Request for Evidence" Message changed to "Request for Evidence Respone Review" . This is a new status message.
I got an RFE on Sep 3rd 2008 and Attorney's filed the response with in 3 days. I did not get any other update beyond that. I did open a SR on July 11th regarding status of the case.
Did anyone who had sent their response to RFE get their status changed like the above today?
Here is description of the "Request for Evidence Respone Review"..
"Once a timely response to the request for evidence is received by USCIS, we review the evidence or information you submitted. If you submitted the requested evidence, we continue with the adjudication of your application or petition in light of the new evidence"..
I got an RFE on Sep 3rd 2008 and Attorney's filed the response with in 3 days. I did not get any other update beyond that. I did open a SR on July 11th regarding status of the case.
Did anyone who had sent their response to RFE get their status changed like the above today?
Here is description of the "Request for Evidence Respone Review"..
"Once a timely response to the request for evidence is received by USCIS, we review the evidence or information you submitted. If you submitted the requested evidence, we continue with the adjudication of your application or petition in light of the new evidence"..
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nat23
11-17 01:43 PM
I'm aware of the fact the SKIL Bill has been introduced both in the House and the Senate but it has been coupled with the CIR in the Senate.
If the CIR dies or is pushed out till 2009, what are the chances of SKIL bill being taken up for discussion?
If you look at the priority dates , they are moving along quite smoothly for rest of the world except India.
This scenario concerns me.
When people say the immigration system is broken they mean illegal immigrants. Only a few who understand and know the immigration system closely know that its broken with respect to legal immigrants also.
If the CIR dies or is pushed out till 2009, what are the chances of SKIL bill being taken up for discussion?
If you look at the priority dates , they are moving along quite smoothly for rest of the world except India.
This scenario concerns me.
When people say the immigration system is broken they mean illegal immigrants. Only a few who understand and know the immigration system closely know that its broken with respect to legal immigrants also.
more...
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rajuram
03-24 11:24 PM
Several weeks ago, I sent two messages to Obama about immigration issues, using "contact us" link on the whitehouse.gov website. Surprisingly today (after so many days) I got an email receipt back from them. Even though their message only had a standard reply, but it looks like some one is actually reading the messages (otherwise I would have gotten a standard reply immediately).
My suggestion to IV & everyone else here is to use this method to send out our concerns to the president. Specifically request recapture of visa numbers...add that it will help resolve the housing market problem.
My suggestion to IV & everyone else here is to use this method to send out our concerns to the president. Specifically request recapture of visa numbers...add that it will help resolve the housing market problem.
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sapota
10-25 05:10 PM
online status is not completely reliable. 2nd level customer service will give u latest info.
more...
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meher
12-24 10:38 AM
Hi
I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.
Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.
I have proper timesheets that i had submitted with client to prove my work hours with client.
How do i get my pay stubs and my pay?
Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?
Please help
Thanks
MRD
I am on H1B for past 7 months. My employer had difficulty getting job for me I got job(with 3 layers of companies before the client) after my own efforts(with little help from my company) and my employer cornered me to send an email in which i have agreed that i will get paid only if my employer gets the money from the last layer of the company he is contracting with.
Because of that i am getting paid very late after 100 days, as companies pay late. I have got new job and i am taking it up from Jan. Till now my employer has paid only salary till August only. He has run pay stub still Mid of september(though he has not paid for september). And is refusing to give me pay stubs after that. Also he says, as i am quitting he will pay the salary going forward as bonus without pay stubs in next year 2008 as he will not be able to pay it as my salary as i will not be with them as employee after December.
I have proper timesheets that i had submitted with client to prove my work hours with client.
How do i get my pay stubs and my pay?
Can i take legal action against my employer for not paying me on time and not giving me pay stubs. Will the email i sent have any advantage to him?
Please help
Thanks
MRD
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kaisersose
07-26 03:20 PM
Can one change status without AOS receipt. I saw I 539 (change of status) form and It is written to gove more specifics if you applied for permanent residency
Just mention you applied for 485 and you are waiting a receipt. Use the bright colored paper option they recommended for such situations.
Just mention you applied for 485 and you are waiting a receipt. Use the bright colored paper option they recommended for such situations.
more...
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vin13
01-16 11:52 AM
Yes, it would be part of the lottery system (for company C)
Yes, there is a chance of H1 not going through.
It is as good as you applying for the H1-B for the first time.
Yes, there is a chance of H1 not going through.
It is as good as you applying for the H1-B for the first time.
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vgayalu
01-24 11:33 AM
Please do not raise old hot topics.
The confusion created is enough. Do not confuse more and more.
Let IV work on one issue which ever is under consideration.
We need not to scare any body by mentioning H4 and nonsense.
Let everybody get some drink first. Then everyone wait for solid stuff.
[QUOTE=dionysus]My view is that IV must reassess and realign its goals. The goal of I-485 filing without a current PD is too ambitious to start with. Remember, I-485 is the most time-consuming and lengthy stage of a GC, what with security and background checks, tax records checks, prior legal stays in US and medical tests to name just a few. CIS is swamped with many I-485 applications as it is. If it opens the flood gates for 485 filing, its system will simply collapse under the stampede of estimated 1 million GC seekers. There is no chance in hell that CIS will throw open the gates of I-485 filing for all and sundry.
The confusion created is enough. Do not confuse more and more.
Let IV work on one issue which ever is under consideration.
We need not to scare any body by mentioning H4 and nonsense.
Let everybody get some drink first. Then everyone wait for solid stuff.
[QUOTE=dionysus]My view is that IV must reassess and realign its goals. The goal of I-485 filing without a current PD is too ambitious to start with. Remember, I-485 is the most time-consuming and lengthy stage of a GC, what with security and background checks, tax records checks, prior legal stays in US and medical tests to name just a few. CIS is swamped with many I-485 applications as it is. If it opens the flood gates for 485 filing, its system will simply collapse under the stampede of estimated 1 million GC seekers. There is no chance in hell that CIS will throw open the gates of I-485 filing for all and sundry.
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Leo07
12-03 04:44 PM
DREAM ACT is very much a moral issue. Doing the right thing for innocent kids, who had no say in their fate until this date. All must support DREAM with heart & soul.
While doing "Right" thing, we must be very careful to NOT penalize the people who are legally standing in line. These Legal immigrants and their kids who had already waited 10 years in line could become illegal any day.These kids who are here legally will need another DREAM act 2 or 3 years from now. ONLY RECAPTURE can save the "Right" thing from being the true Right or justice for ALL.
Why do we need Recapture more than DREAM ACT or with DREAM ACT?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
While doing "Right" thing, we must be very careful to NOT penalize the people who are legally standing in line. These Legal immigrants and their kids who had already waited 10 years in line could become illegal any day.These kids who are here legally will need another DREAM act 2 or 3 years from now. ONLY RECAPTURE can save the "Right" thing from being the true Right or justice for ALL.
Why do we need Recapture more than DREAM ACT or with DREAM ACT?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
indyanguy
11-14 09:07 AM
Assume one uses AC21 on EAD. Now, when there's an Employment Verification RFE for I485, is it possible to submit a letter from an employer B even though one was working with employer A at the time of the receipt of RFE?
The reason I ask is, when using AC21, a lot of companies might not be willing to provide a EVL which has the same responsibilities as the ones listed on the Labor cert. So, can I submit the offer letter from say my friend's company saying that my joining date will be sometime in the near future? (GC is for future employment) Would this provoke USCIS to call me for a I485 interview?
Thanks!
The reason I ask is, when using AC21, a lot of companies might not be willing to provide a EVL which has the same responsibilities as the ones listed on the Labor cert. So, can I submit the offer letter from say my friend's company saying that my joining date will be sometime in the near future? (GC is for future employment) Would this provoke USCIS to call me for a I485 interview?
Thanks!
GCNaseeb
11-04 10:46 AM
Initially my last name was misspelled on my I-485, I-131 and I-765 Receipt Notices. My Attorney sent a letter to USCIS informing the typo to correct it. USCIS sent me the letter saying that the typo error has been attached to my case. When I called USCIS for my FP Notice last week, I mentioned the IO that my Last Name is mis-spelled. But the IO instead of correcting it just on my case , he changed on all other 3 derivative cases with the same mispelled Last Name. Our FP is scheduled next friday. Now we have all our FP Notices with misspelled Last Name. I am going to call USCIS tomorrow. Also I read in other thread that, you don't need any tracking number for your FP. Here's the thread:
http://immigrationvoice.org/forum/showthread.php?t=13522
http://immigrationvoice.org/forum/showthread.php?t=13522
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