meridiani.planum
11-19 02:21 AM
inline...
I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.
I have couple of questions:
1. How long does it take if to process it using EB3... 4 years, 5 years?
--its going to take 2-3 years before you can file,then another couple of years perhaps. So yea 4-5 years
2. How long does it take if to process it using EB2? I am from Russia.
--if EB2 remains current (it has inthe past, andwill likely remain current in the future also) say an year or 18 months. Thats been the typical time, and also processing dates cameout today and NSC is for instance claiming they are now doing July 2007 cases
3. Is it possible to switch to EB2 somehow?
--u will need to redo the LC stage.
4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.
--see below
5. At what step of GC processing can I change a compamy that I work for?
--6 months after filing the I-485. safer to wait for teh I140 to also be approved by that point. (the law says your I-140 must be 'approvable'. I-140s are taking 12-18 months
If I were in your place, I would drop this LC and file the one in EB2 asap.
I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.
I have couple of questions:
1. How long does it take if to process it using EB3... 4 years, 5 years?
--its going to take 2-3 years before you can file,then another couple of years perhaps. So yea 4-5 years
2. How long does it take if to process it using EB2? I am from Russia.
--if EB2 remains current (it has inthe past, andwill likely remain current in the future also) say an year or 18 months. Thats been the typical time, and also processing dates cameout today and NSC is for instance claiming they are now doing July 2007 cases
3. Is it possible to switch to EB2 somehow?
--u will need to redo the LC stage.
4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.
--see below
5. At what step of GC processing can I change a compamy that I work for?
--6 months after filing the I-485. safer to wait for teh I140 to also be approved by that point. (the law says your I-140 must be 'approvable'. I-140s are taking 12-18 months
If I were in your place, I would drop this LC and file the one in EB2 asap.
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MYGC2008
07-19 09:17 AM
07/15/2010: Change of Address and Potential Impact on Last Minute Adjudication of EB-485 Applications Whose Visa Numbers Become Available
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
As people are aware, the USCIS has "preadjudicated" a large number of pending I-485 cases whose priority dates are close to the pace of the immigrant visa number availability in the Visa Bulletin and has been awaiting the visa number availability for the final decision. Generally, change of address to outside of the metropolitan area or different state is considered a red flag in the final adjudication process as the employment-based nonimmigrant status or intended place of employment is the "key" to the labor certification based immigration proceeding and labor certification remains valid only if the offered job in the place of employment continue to exist. From the perspective of the agency, one may move out of the intended place of employment either because of change of employment or loss of employment or other factors that contradicts to the inended place of employment for which a labor certification has been granted and the applicant is supposedly to work at the location once a green card is approved. Since the agency will not know why the address of residence has changed out of the intended place of employment metropolitan area or state, the last minute check can lead to issuance of RFE or in the worst cases, tranferring the file to a local district or field office for interview. Even if such move is justified in most of cases under AC 21, such RFE or transfer to local offices can cause delays in adjudication of the I-485 application. In some situation, while they deal with the RFE or local office interview scheduling, they can face the visa number retrogression. For this reason, those whose visa numbers are scheduled to become current in July and August 2010 may not want to move their place of residence out of the current metropolitan areas or the current states. Once they moved, they are required to report change of address in 10 days, knowingly failure of which can be considered a ground for deportation and denial of I-485 application. Accordingly, those who have already moved should file AR-11 within 10 days of move regardless of its impact on the final I-485 adjudication process. This reporter wants to remind the readers that place and "location" of employment is a key to the employment-based nonimmigrants and immigrants from the perspectives of U.S. immigration laws because the law is intended to protect U.S. labor market from unqualified or illegal immigrants and "wage" in each location constitutes a primary factor to determine the labor market and permit of a foreign worker to work in the market area at the prevailing wage or higher wage in the specific market area. Just a reminder.
bsbawa10
08-14 09:43 PM
**********EDIT:
Since some people were corrupting other's data, . I do not know if it was intentional or unintentional. If it was unintentional and you do not know how to use spreadsheets, please Fill the form by going to
http://spreadsheets.google.com/viewform?key=pQG8H7vLQOz5-YnFYQw71PA
To view the complete data, please visit the link : i.e.
http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&t=6902263567496904009&guest
The spreadsheet is totally sorted now according to the PD. I had to make one change though. The day of the month of PD was not mentioned and I had to write something to sort it out. I made it 1st of the month for everybody to be able to so sorting. I guess we can live with that abstraction.
Some people are not acting responsibly on the data. I made changes now. I brought the data back and also you will have to login into your gmail account now tobe able to make changes.
My humble request to all please act responsibly.
Do not edit somebody elses data.
Do not add/delete/modify any column.
Do not sort the data. If you really feel the urge, import it to your local computer and then sort it.
I will sort the data according to PD periodically.
You can add your own row at the end . Also please please do not sort the data.
Since some people were corrupting other's data, . I do not know if it was intentional or unintentional. If it was unintentional and you do not know how to use spreadsheets, please Fill the form by going to
http://spreadsheets.google.com/viewform?key=pQG8H7vLQOz5-YnFYQw71PA
To view the complete data, please visit the link : i.e.
http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&t=6902263567496904009&guest
The spreadsheet is totally sorted now according to the PD. I had to make one change though. The day of the month of PD was not mentioned and I had to write something to sort it out. I made it 1st of the month for everybody to be able to so sorting. I guess we can live with that abstraction.
Some people are not acting responsibly on the data. I made changes now. I brought the data back and also you will have to login into your gmail account now tobe able to make changes.
My humble request to all please act responsibly.
Do not edit somebody elses data.
Do not add/delete/modify any column.
Do not sort the data. If you really feel the urge, import it to your local computer and then sort it.
I will sort the data according to PD periodically.
You can add your own row at the end . Also please please do not sort the data.
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txh1b
09-14 12:16 PM
Case 2:
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
more...
imind
03-12 12:09 PM
SUBJECT:
Start new LLC with wife's EAD and work on 1099/w2 to any company :
GETTING HARD TO GET IT JOB WITH H1Bs. Asking ONLY accept work on 1099/W2 with EAD/GC with Self Incorporated company LLC Certificate :
I have following questions on starting LLC on wife's EAD :
My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.
Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis.
(lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).
For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .
Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed in order to work for them via 1099/w2 basis.
In this case, what exactly I should do to work any company in US on 1099/w2 basis?
(Assume that I already opened LLC on my wife's EAD and 100% owned, and my name
is not listed in the company llc certificate).
Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
How can I work for other company on 1099/w2 basis?
How can I work for other company on Contract-to-contract basis?
As this is very critical step and helps lot of people, please help advise BEST possible options with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
Imind
Start new LLC with wife's EAD and work on 1099/w2 to any company :
GETTING HARD TO GET IT JOB WITH H1Bs. Asking ONLY accept work on 1099/W2 with EAD/GC with Self Incorporated company LLC Certificate :
I have following questions on starting LLC on wife's EAD :
My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.
Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis.
(lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).
For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .
Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed in order to work for them via 1099/w2 basis.
In this case, what exactly I should do to work any company in US on 1099/w2 basis?
(Assume that I already opened LLC on my wife's EAD and 100% owned, and my name
is not listed in the company llc certificate).
Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
How can I work for other company on 1099/w2 basis?
How can I work for other company on Contract-to-contract basis?
As this is very critical step and helps lot of people, please help advise BEST possible options with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.
Thanks appreciated.
Imind
ras
05-28 11:28 PM
Here is the prashanthi blog syndication link
http://prashanthiblog.com/syndication.axd
http://prashanthiblog.com/syndication.axd
more...
i4u
04-20 07:46 AM
What is IV team's take on marching with this group? Should IV members join in?
Want to know the strategies.........
Want to know the strategies.........
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lostinbeta
09-06 03:22 PM
Hey, thanks Hojo, it took me a while to get that text to work correctly on the board. Darn CSS. I was trying to use span tags when I really needed to use div tags.
Your footer doesn't show Hojo? I right click and it says Movie Not Loaded.
Your footer doesn't show Hojo? I right click and it says Movie Not Loaded.
more...
Saralayar
08-11 03:43 PM
What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?
thanks.
At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.
thanks.
At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.
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saileshdude
11-01 01:27 PM
Thanks for the response.
IF I port to self employment will things be any better?
That way I can be a consultant and work in my field. I can generate enough work. Also, how would USCIS exactly know what kind of work a person is doing?
Thanks
Self porting or even working for consultancy firm when moving from a full-time job to consultant is risky. Nowadays, there have been more RFE asking for client letter to make sure that the job description you are working matches with that mentioned in LC. So this is how they know what kind of work you are doing. Your client should be willing to provide you with a letter that matches the job description. This is especially if you were working full-time and now moved to consultancy or self-ported and working as consultant. There has been more RFE and scrutinity of applications recently.
IF I port to self employment will things be any better?
That way I can be a consultant and work in my field. I can generate enough work. Also, how would USCIS exactly know what kind of work a person is doing?
Thanks
Self porting or even working for consultancy firm when moving from a full-time job to consultant is risky. Nowadays, there have been more RFE asking for client letter to make sure that the job description you are working matches with that mentioned in LC. So this is how they know what kind of work you are doing. Your client should be willing to provide you with a letter that matches the job description. This is especially if you were working full-time and now moved to consultancy or self-ported and working as consultant. There has been more RFE and scrutinity of applications recently.
more...
punjabi
09-29 01:02 PM
My suggestion is don't ask for a referral for a good consulting company.
If two consultants are working through a consultancy, their own opinion might differ drastically about the same company. These desi consultancies treat everybody differently.
They do not have set standards. Even if they have some on papers, I have seen none so far who follows those.
They say we will give you 90% of your share. They meet you with smiling face and they talk very politely. And when you ask the Work Order to confirm your rate, they very conveniently change the figure and fax it over to you. This is not an assumption, I have seen it happening before my eyes.
And most of all, they do not feel any remorse or guilt at all.
So, please look for your own. Be careful. Avoid the ones who smile constantly even while chewing the biggest burger on their plate. :-)
Find an American company. They know their state laws and are afraid to commit anything against those.
Good luck, my friend!
Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand
If two consultants are working through a consultancy, their own opinion might differ drastically about the same company. These desi consultancies treat everybody differently.
They do not have set standards. Even if they have some on papers, I have seen none so far who follows those.
They say we will give you 90% of your share. They meet you with smiling face and they talk very politely. And when you ask the Work Order to confirm your rate, they very conveniently change the figure and fax it over to you. This is not an assumption, I have seen it happening before my eyes.
And most of all, they do not feel any remorse or guilt at all.
So, please look for your own. Be careful. Avoid the ones who smile constantly even while chewing the biggest burger on their plate. :-)
Find an American company. They know their state laws and are afraid to commit anything against those.
Good luck, my friend!
Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand
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WeShallOvercome
11-01 02:16 PM
Couple of questions : I am planning to apply for EAD . I have already filed 485 on July 2 and got receipt no.s .
1. where to file : Here is the catch when filing 485 i am in IL and later moved on to CT. I have updated all addresses etc to CT and everything fine. Since i was in IL for 485 I applied to NSC now i am in CT and here it is VSC for form EAD. So where should i send my application to NSC or VSC?
2. Efile or regular : which is good efile or regular filing. I filing myself and requested attorney's view he said he would prefer normal way as its better and i can see checks cashing and make that a proof of receipt in case of reciept notice lost.
Need ur views.
I think you should file where your I-485 is pending.
I filed my paper-based EAD application last friday and already got receipt number from the cashed check.
The address I used is:
USCIS
Nebraska service center
PO Box: 87765
Lincoln, NE
68501-7765
If you e-File, you'll have to go for another fingerprinting appointment, which I wanted to avoid as the ASC is 30 miles from my place. Wasting half a day just to get receipt a few days sooner didn't make sense to me. I got the receipt number within 3 working days anyway.
1. where to file : Here is the catch when filing 485 i am in IL and later moved on to CT. I have updated all addresses etc to CT and everything fine. Since i was in IL for 485 I applied to NSC now i am in CT and here it is VSC for form EAD. So where should i send my application to NSC or VSC?
2. Efile or regular : which is good efile or regular filing. I filing myself and requested attorney's view he said he would prefer normal way as its better and i can see checks cashing and make that a proof of receipt in case of reciept notice lost.
Need ur views.
I think you should file where your I-485 is pending.
I filed my paper-based EAD application last friday and already got receipt number from the cashed check.
The address I used is:
USCIS
Nebraska service center
PO Box: 87765
Lincoln, NE
68501-7765
If you e-File, you'll have to go for another fingerprinting appointment, which I wanted to avoid as the ASC is 30 miles from my place. Wasting half a day just to get receipt a few days sooner didn't make sense to me. I got the receipt number within 3 working days anyway.
more...
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140jibjab
01-11 11:06 AM
When you apply for H4 for the new wife. Make sure you take the follwoing:
1. Divorce Decree.
2. New Marraige registration(India Marraige Registration). Take the Marraige certificate and the Copy of the Application(Application you provide at the local authority to get your new marraige registered). Also make sure you Check the Divorced in the application. US consulate wants to make sure you have given the right info to the Local authorities).
3. Based on your H1, your new wife will get her H4 stamped.(been through it so it works like a charm).
All the best
Thank you so much...
What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???
1. Divorce Decree.
2. New Marraige registration(India Marraige Registration). Take the Marraige certificate and the Copy of the Application(Application you provide at the local authority to get your new marraige registered). Also make sure you Check the Divorced in the application. US consulate wants to make sure you have given the right info to the Local authorities).
3. Based on your H1, your new wife will get her H4 stamped.(been through it so it works like a charm).
All the best
Thank you so much...
What is the H4 Process for new wife? will she be given the H4 Visa with no issues in us consulates in India???
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rtarar
02-12 07:21 AM
I am a july 2 nd filer.
No FP yet.
No FP yet.
more...
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xtronics
11-02 10:26 AM
Thanks Prashanti
What is the approximate time for the perm labor to get approved in current situation? I know we can apply for premium processing for I-140. Premium processing is 3 months?
Please let us know when you get a chance.
What is the approximate time for the perm labor to get approved in current situation? I know we can apply for premium processing for I-140. Premium processing is 3 months?
Please let us know when you get a chance.
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MDix
01-26 04:35 PM
Voted.
Thank's
MDix
Thank's
MDix
more...
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sandy_77
06-20 11:51 AM
I would like to appeal to all the people who want to travel outside the country and would need a new visa stamp to come back to US....please...please...please do not take this risk unless it is a family emergency (a life and death situation rather than a brother,sister getting married). Per the new rules all of us have to pass through many checks (such as PIMS, NAME CHECK, SECURITY CLEARANCE, ETC.). Contrary to popular belief PIMS is the simplest of all. You will possibly get a PIMS clearance within a month (usually 5 days). However, if you get stuck because of other checks, only God can help you. People (more than a couple of thousand at any given time during these days) are stuck at the consulates in India for two months or more (these days waiting time exceeds 4 months in normal cases and I am one of them). Some guys have been given visas after 1.5 years. Also, contrary to what most lawyers would have you believe that only those people get stuck who have done something wrong, I can assure you that there are very few cases (possibly less than a 5% of the total) who have been outright rejected even after significant delays for security clearances. These lawyers have just surrendered before the DOS/DHS...possibly avoiding burning bridges with the government rather than protecting human rights and civil liberties. God forbid if you get stuck for reasons other than PIMS, anything you can ever know from consulate/DOS after that is that your case is pending in "additional administrative processing" for security clearance. No more no less and you probably have no right to demand transparency. Not even your local congressman/senator can save you then from the harassment that the DOS thinks you deserve for being a third world citizen.
Sorry for being so brazen but I am tired of all these travel related questions. Somehow I think some of like to challenge the consulate/DOS OR our luck (like I did...but I didn't even know that there is a best like AAP out there waiting for me...of course ignorance is not an excuse either).
Sorry for being so brazen but I am tired of all these travel related questions. Somehow I think some of like to challenge the consulate/DOS OR our luck (like I did...but I didn't even know that there is a best like AAP out there waiting for me...of course ignorance is not an excuse either).
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stldude
07-26 02:16 PM
Sarika
Congrats ! ! 1Did u check u'r bank a/c.. Was u'r cheque cashed ?/ i was wondering if i should call USCIS .. My cheque isn't cashed yet..
I got my receipt numbers for I 485,I131 and I 765.
i got them by calling USCIS yesterday.
Mailed on:June 28th
Received date:June 29th at NSC
Notice date:July 23rd.
Congrats ! ! 1Did u check u'r bank a/c.. Was u'r cheque cashed ?/ i was wondering if i should call USCIS .. My cheque isn't cashed yet..
I got my receipt numbers for I 485,I131 and I 765.
i got them by calling USCIS yesterday.
Mailed on:June 28th
Received date:June 29th at NSC
Notice date:July 23rd.
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Nw2GC
04-30 12:16 PM
I was wondering if they have restarted premium processing for I-140 yet?
skothuru
06-21 12:03 PM
Congratulations!!!!!
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
senthil1
07-02 09:46 AM
I heard Changes must be made in I140 to do Consular processing from I485
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