mbartosik
04-10 09:32 PM
I posted a few days ago here
http://immigrationvoice.org/forum/showthread.php?t=544
For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.
Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.
Thus we need a law to allow keeping the PD even if the job description has changed.
Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.
My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.
If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?
What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.
There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.
So in summary law changes:
1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.
2) Consider allowing concurrent PERM filing.
3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.
http://immigrationvoice.org/forum/showthread.php?t=544
For those people on 1 year extensions (or near end of 6 years) they cannot refile without perfect timing because otherwise the labor would be cancelled when filing, and thus PERM would not be outstanding for greater than 12 months.
Also if your job has been in DoL and BEC for 4 years and is in the technoology business then it is likely that the description has changed enough to make an identical filing untrue, just because technology changes and thus skills requirements do, and thus PD is not kept because the job is not identical. Also DoL has not defined "how equal" the application must be to qualify to keep the PD.
Thus we need a law to allow keeping the PD even if the job description has changed.
Also it would be good to allow people to file PERM without withdrawing their Labor app. However, this might flood PERM, because too many people might do that.
My current estimate is that BEC will process my application within about 12 months, if their 18 month estimate is right. But it would take 6 months of recruitment effort plus overhead to do PERM -- maybe or 9 months total, and then two months waiting for PERM -- total 11 months. Saving 1 month. But the PERM queue could grow too.
If I trust BECs on their estimate it is not worth the hassel of PERM, but should I trust someone who's estimates have been wrong two or three times before?
What is also needed is an "insurance policy" if BECs do not deliver on their promise of only 18 more months, but it would be hard to get law made on this. For example, after 18 month deadline, the assumption could be that all remaining applications are valid and allowed to proceed UNLESS BEC later demonstrates a fraudulant application. Otherwise people are always in the situation of DoL saying "just another X months". This would also allow BECs after 18 months to change mode into just looking for fraud which should be easier to do than qualifying the case.
There is also an issue of employers not wanting to file PERM, because they know that they have an endentured / captive employee and the BECs are doing their dirty work. So it is important to break this chain.
So in summary law changes:
1) Allow PD to be kept even if employer withdrawns labor, changes description, or refiles with PERM. After some date any labor application unprocessed by BEC would give the immigrant a guarenteed priority date.
2) Consider allowing concurrent PERM filing.
3) If DoL does not meet its own target (which is well behind congress's target), then all outstanding applications are assumed valid and allowed to proceed as if certified, unless the application is later shown to be frivolent or clearly fraudulant. Leaving BECs to just "skim check" for fraud and stupid applications after 18 months.
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whiteStallion
10-17 03:35 PM
If two consultants are working through a consultancy, their own opinion might differ drastically about the same company. These desi consultancies treat everybody differently.
I agree to that wholeheartedly!
I used to work for a Consultancy A(a middle size desi Consultancy firm based out of NYC)...signed a 2 year contract...broke it within 6 months & joined an even worse company B(which I found out only after joining them...very small west coast company)... got sued by company A ...left B and joined back A.
But after coming back to them(A), I could appreciate more of their way of working ...as I saw even worse companies. If you are honoring the contract, then everything is fine...
So, some of my friends, would say company A is a bloodsucker....for me they are still better than most other Desi consultancy companies.
Since then, I have moved on in life and do not work for company A....
I agree to that wholeheartedly!
I used to work for a Consultancy A(a middle size desi Consultancy firm based out of NYC)...signed a 2 year contract...broke it within 6 months & joined an even worse company B(which I found out only after joining them...very small west coast company)... got sued by company A ...left B and joined back A.
But after coming back to them(A), I could appreciate more of their way of working ...as I saw even worse companies. If you are honoring the contract, then everything is fine...
So, some of my friends, would say company A is a bloodsucker....for me they are still better than most other Desi consultancy companies.
Since then, I have moved on in life and do not work for company A....
senk1s
09-30 12:23 PM
I'll try and answer your questions
1. AC21 by definition comes into play when 485 is not adjudicated for 180 days
2. because this company has promised a job after getting the GC
3. What is the 1 1/2 yrs you are refering to?
4. I dont think you require LC to invoke AC21
1. AC21 by definition comes into play when 485 is not adjudicated for 180 days
2. because this company has promised a job after getting the GC
3. What is the 1 1/2 yrs you are refering to?
4. I dont think you require LC to invoke AC21
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ashkam
08-03 09:44 AM
If Priority date is 'Current', you can't apply for H1 extension!
I know someone whose H1 is expiring soon. He wasn't able to apply for H1extension till July 31st as PD was current. He is applying in August in Premium.
What happens if someones PD remains current ( say someone in 2000 stuck in FBI namecheck) and GC is stuck! Is it EAD all the way to the end thereafter?
Of course you can apply for an extension even if your PD is current, only you won't get a 3 year extension but a 1 year extension. Your pal probably didn't apply because he wanted to get 3 years.
I know someone whose H1 is expiring soon. He wasn't able to apply for H1extension till July 31st as PD was current. He is applying in August in Premium.
What happens if someones PD remains current ( say someone in 2000 stuck in FBI namecheck) and GC is stuck! Is it EAD all the way to the end thereafter?
Of course you can apply for an extension even if your PD is current, only you won't get a 3 year extension but a 1 year extension. Your pal probably didn't apply because he wanted to get 3 years.
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mariner5555
01-15 06:51 AM
if you want networking and be independent then you can join Amway :D.
am joking ofcourse
am joking ofcourse
PIndian
08-17 02:41 PM
Hello everyone,
Today 17th August, 2007 my I-485 packet was about to reach at Texas Service Center and unfortunately when I track my packet it shows �Notice Left� on USPS site, they mention they will try to deliver on Next business day. When I called at USPS , one lady picked up phone and she told it was PO Box no so we cant deliver. It is available to them to pick up but the man from USCIS might pick it up on early monday morning. Now I am worried does that mean my mailing date is Aug 17th or Aug 20th.
SO now USCIS will accept my application or not ?? Please advise ? Any body has same situation ?
Notice Left, August 17, 2007, 11:38 am, MESQUITE, TX 75185
Arrival at Unit, August 17, 2007, 11:01 am, MESQUITE, TX 75149
Acceptance, August 16, 2007, 10:09 pm, ATLANTA, GA 30320
Today 17th August, 2007 my I-485 packet was about to reach at Texas Service Center and unfortunately when I track my packet it shows �Notice Left� on USPS site, they mention they will try to deliver on Next business day. When I called at USPS , one lady picked up phone and she told it was PO Box no so we cant deliver. It is available to them to pick up but the man from USCIS might pick it up on early monday morning. Now I am worried does that mean my mailing date is Aug 17th or Aug 20th.
SO now USCIS will accept my application or not ?? Please advise ? Any body has same situation ?
Notice Left, August 17, 2007, 11:38 am, MESQUITE, TX 75185
Arrival at Unit, August 17, 2007, 11:01 am, MESQUITE, TX 75149
Acceptance, August 16, 2007, 10:09 pm, ATLANTA, GA 30320
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GlobalCitizen
08-21 06:23 PM
I see. I thought it was your lawyer that sent all your documents. So do you actually have a lawyer?
My emloyer hired a law firm to do green card and the human resources does the H1B's. The firm just sent (before Agust 17th) my I-140 and I-485. I have pendind EAD. I really want to remain on H1B though.
I am so frustrated and do now what to do.
How long does this 'nunc-pro-tunk' take if it comes to that? Also Can I go back to school?
My emloyer hired a law firm to do green card and the human resources does the H1B's. The firm just sent (before Agust 17th) my I-140 and I-485. I have pendind EAD. I really want to remain on H1B though.
I am so frustrated and do now what to do.
How long does this 'nunc-pro-tunk' take if it comes to that? Also Can I go back to school?
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gc_on_demand
05-01 12:05 PM
1. Do not delay you i-140 application. Your Labor will expire after 180 days of its approval. You can file I-140 normal now, and if PP goes in effect, you can pay the additional fee and convert it to PP.
2. Doesn't matter as of now. Until USCIS prohibits concurrent filing, you can still file I-485 even if your I-140 is pending, if the dates open up in the summer.
Correct .. I am in same situation..
2. Doesn't matter as of now. Until USCIS prohibits concurrent filing, you can still file I-485 even if your I-140 is pending, if the dates open up in the summer.
Correct .. I am in same situation..
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eb3_nepa
07-27 05:49 PM
Lets put it this way.
If you already have an H1B and are using your ead just as a back up, then no, you do not have to renew right away, you can re-apply as long as you have copies of your applied I-485 etc.
If you do not have an H1B but you also do not plan to work for a while (in the case of some dependants), then again, NO you do not need to renew right away.
However if the EAD is your PRIMARY document without which you cannot work, but you DO want to work, then YES you do want to renew it before the current ead expires.
If you already have an H1B and are using your ead just as a back up, then no, you do not have to renew right away, you can re-apply as long as you have copies of your applied I-485 etc.
If you do not have an H1B but you also do not plan to work for a while (in the case of some dependants), then again, NO you do not need to renew right away.
However if the EAD is your PRIMARY document without which you cannot work, but you DO want to work, then YES you do want to renew it before the current ead expires.
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pmamp
12-21 10:51 AM
hi All,
I am on AP/EAD and need to Transit thru Paris in February. I have a confirmed return ticket and my visas have expired. I am currently in India.I called VFS and they told me that I do not need a transit visa however when I emailed them they responded by saying check with your Airline. I am trying to email the consulate in Mumbai but keep getting bounce backs.
However I found links on the Atlanta and Washigton consulates that say that I need a visa.
http://www.consulfrance-atlanta.org/article.php3?id_article=827
http://www.consulfrance-washington.org/article.php3?id_article=383
Has anyone returned to the US recently on a Advance Parole and expired Visa? and did you need a Transit visa? It would be great if you can tell when you returned. Immigrationvoice seems to be the only place where I could possibly get some real answers.
Apologizes if this thread is under the wrong category
Thanks
Radhika
As far as I know, transit visa is required in case you do not have a valid visa/ citizenship for the departure country. So, if your visa has expired on passport but have visa approval/ or other documents to support AND you are traveling from US to India via France then you would need France airport transit visa.
However, in your case, since you are Indian citizen (I assume) and traveling to US via France you do not need a airport transit visa.
The logic behind this weird rule is that in case you are stuck in France for some reason and they want you to go home (deport) then you should have valid visa/ citizenship to the country you came from.
Otherwise, none of us (Indians or other nationals) would need a transit visa to Europe going from US - India as we have Indian passport.
Hope this helps. As you know you can always check with airlines/ consulate to make sure you are good to go.
~ happy travel
I am on AP/EAD and need to Transit thru Paris in February. I have a confirmed return ticket and my visas have expired. I am currently in India.I called VFS and they told me that I do not need a transit visa however when I emailed them they responded by saying check with your Airline. I am trying to email the consulate in Mumbai but keep getting bounce backs.
However I found links on the Atlanta and Washigton consulates that say that I need a visa.
http://www.consulfrance-atlanta.org/article.php3?id_article=827
http://www.consulfrance-washington.org/article.php3?id_article=383
Has anyone returned to the US recently on a Advance Parole and expired Visa? and did you need a Transit visa? It would be great if you can tell when you returned. Immigrationvoice seems to be the only place where I could possibly get some real answers.
Apologizes if this thread is under the wrong category
Thanks
Radhika
As far as I know, transit visa is required in case you do not have a valid visa/ citizenship for the departure country. So, if your visa has expired on passport but have visa approval/ or other documents to support AND you are traveling from US to India via France then you would need France airport transit visa.
However, in your case, since you are Indian citizen (I assume) and traveling to US via France you do not need a airport transit visa.
The logic behind this weird rule is that in case you are stuck in France for some reason and they want you to go home (deport) then you should have valid visa/ citizenship to the country you came from.
Otherwise, none of us (Indians or other nationals) would need a transit visa to Europe going from US - India as we have Indian passport.
Hope this helps. As you know you can always check with airlines/ consulate to make sure you are good to go.
~ happy travel
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reddog
10-18 02:15 PM
When they do FP, they tries to match with criminal database. Why do they want to match to the Port of entry or Security clearance database and give RED color warning. I think it is something you need to work with your attorney. Even in Name check, they tries to match with Criminal first, middle or last names and if match found, they do some investigation on your case. Same logic goes with FP. They won't match with good records, but they tries to search in bad records. It is simple common sense. Nothing to panic, but check with your attorney.
That is so not true, you are linking this to the criminal database?
SO as soon as the finger printing is done, within a fraction of a second, they match your fingerprints to the criminals and even let you know that by displaying a Red sign.
Leos link has the answer, the red match found error is simply an error between your finger prints taken together and then done individually.
The Service rep also individually goes thru all the FPs to check if the FPs taken together match those done individually.
That is so not true, you are linking this to the criminal database?
SO as soon as the finger printing is done, within a fraction of a second, they match your fingerprints to the criminals and even let you know that by displaying a Red sign.
Leos link has the answer, the red match found error is simply an error between your finger prints taken together and then done individually.
The Service rep also individually goes thru all the FPs to check if the FPs taken together match those done individually.
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waitingGC
03-21 10:58 AM
My wife will apply for H1 this April. I also have some questions:
1. can she transfer her H1 to another company before she starts to work for the company which sponsors her H1B?
2. if she does not want to join the sponsoring company, can she transfer back to H4 after getting H1B approval but before Oct. 1st? Under this circumstance, is she subject to H1 quota in the future?
1. can she transfer her H1 to another company before she starts to work for the company which sponsors her H1B?
2. if she does not want to join the sponsoring company, can she transfer back to H4 after getting H1B approval but before Oct. 1st? Under this circumstance, is she subject to H1 quota in the future?
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Sakthisagar
11-09 01:21 PM
Good Media trick indeed,...infosys is giving money for this too???
If you see the cribbing happening just a visit from The US President to India.
If you see the cribbing happening just a visit from The US President to India.
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saravanaraj.sathya
08-03 10:29 AM
Sundar - I understand ur question..I ve seen in many forums that employers can revoke ur I-140 before ur I-485 is approved. When you transfer with ur approved I-140 from ur previous employer and lets say that he has already revoked it..I am not sure what will happen the..just wanted to confirm...
the more important part of my question is...
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
the more important part of my question is...
"using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)
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gmb
02-02 01:17 AM
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
This is not an issue in your case. It's okay to travel out while your AP application is pending as long as you have a valid current AP. I did this last year after my lawyer confirmed this to me. I also remember seeing a USCIS memo to this effect.
This is not an issue in your case. It's okay to travel out while your AP application is pending as long as you have a valid current AP. I did this last year after my lawyer confirmed this to me. I also remember seeing a USCIS memo to this effect.
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kk_123
09-25 03:07 PM
hi,
my brother is also seeing the same status for his case. he too really getting confused.
if you get your GC , pls update it.so it will help others too.
my brother is also seeing the same status for his case. he too really getting confused.
if you get your GC , pls update it.so it will help others too.
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saketkapur
09-22 07:17 PM
gave you a green...hopefully you will have a card after that soon too...:D
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ksircar
11-30 12:39 PM
Can someone please advice which immigration documents (apart from Passport and AP) should I carry to re-enter US using AP?
Please share your experience.
Thanks in advance.
Please share your experience.
Thanks in advance.
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mikrupee
08-22 02:47 PM
My questions:
While on H1B can a professional engineer sign a design and plans offcourse for free. Say to a friend design and plan.
While on H1B can a professional engineer sign a design and plans offcourse for free. Say to a friend design and plan.
monkeyman
08-29 02:05 PM
I checked my bank account today. The checks got encashed.
USCIS issued receipt notice on Aug 27th. Checks were encashed on Aug 28th.
Nothing so far - lawyer says not one check is encashed so far -
USCIS issued receipt notice on Aug 27th. Checks were encashed on Aug 28th.
Nothing so far - lawyer says not one check is encashed so far -
amberGC
07-19 10:05 AM
Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.