texcan
02-20 04:10 PM
Thanks for answering my question. But is it not a huge difference between what I earn and what is mentioned in the LC (almost 40k) ??
GC is for future job, this pay is for skill set that will be used for FUTURE JOB,
it has nothing to do with your current job even if it is same job title.
Donot worry for stuff you donot have control over. It was done in past, you are fine, you cant do anything about it anyways now, or even if you had known about this in past.
LCA Salary is determined by Labor office, those great folks always come up with salary ...that no one pays.
Talk to your employer and ask about seeking higher salary. Most folks get huge jump ( in normal market) when they get their EAD since employer knows now they will move somewhere else.
Donot panic about everyting.
HTH
GC is for future job, this pay is for skill set that will be used for FUTURE JOB,
it has nothing to do with your current job even if it is same job title.
Donot worry for stuff you donot have control over. It was done in past, you are fine, you cant do anything about it anyways now, or even if you had known about this in past.
LCA Salary is determined by Labor office, those great folks always come up with salary ...that no one pays.
Talk to your employer and ask about seeking higher salary. Most folks get huge jump ( in normal market) when they get their EAD since employer knows now they will move somewhere else.
Donot panic about everyting.
HTH
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gconmymind
11-30 04:23 AM
I filed my AP renewal online, I used my discover to pay my dues.
I did not submit any paperwork, I got an RFE just for photographs.
Most important thing for AP-renewal according to my experience is photographs.
I hope this helps, message me if you have any additional questions.
I also got an RFE for photographs. Can I respond with Certified mail? Or should I use FedEx? Can you please tell me how did you send it?
I did not submit any paperwork, I got an RFE just for photographs.
Most important thing for AP-renewal according to my experience is photographs.
I hope this helps, message me if you have any additional questions.
I also got an RFE for photographs. Can I respond with Certified mail? Or should I use FedEx? Can you please tell me how did you send it?
pd_recapturing
09-26 04:13 PM
Hi, I received the RNs of my wife and me (485,765 and 131) by calling the USCIS today. Online status check shows the receipt date of 09/24. I dont see my checks cashed yet. How much time it takes to get the check cashed ?
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MYGC2008
03-18 01:04 PM
You left your EX-EMPLOYER in May 2008 and also transfered your H1B to NEW Company.
So tell me what is remaining beteween you and your ex-empoyer???
So he cancelled your H1B and also your I-140 later.
Also Why you did not work with ex-employer after getting a project? You knew that your I-140 was pending right?
So tell me what is remaining beteween you and your ex-empoyer???
So he cancelled your H1B and also your I-140 later.
Also Why you did not work with ex-employer after getting a project? You knew that your I-140 was pending right?
more...
gc_bulgaria
10-09 04:18 PM
http://www.immigration-law.com/
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer’s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physical location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensue. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer’s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physical location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensue. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
fromnaija
07-20 11:24 AM
File for her as CP. Whenever she is ready to move here have her get an H4 visa and then change CP to AOS when she gets here.
Caveat: I am not an attorney so ask your lawyer if this is a feasible option.
Caveat: I am not an attorney so ask your lawyer if this is a feasible option.
more...
veni001
11-08 01:32 PM
hello
work for decent size company (1500 employees).i am the only non citizen/non gc holder
applied eb3 and stuck since 2003.gained masters in 2006
planning to apply to EB2 with different title .
my employer is requesting to apply eb2 for masters with 7 years of experience as requirement
in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that
does that mean its guaranteed audit like that meaning do they question or is it possible
any experiences who ported are appreciated
thanks
You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
work for decent size company (1500 employees).i am the only non citizen/non gc holder
applied eb3 and stuck since 2003.gained masters in 2006
planning to apply to EB2 with different title .
my employer is requesting to apply eb2 for masters with 7 years of experience as requirement
in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that
does that mean its guaranteed audit like that meaning do they question or is it possible
any experiences who ported are appreciated
thanks
You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
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eb3retro
02-16 09:56 AM
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
take it easy dude. People respond to one thread itself. you dont need to open multiple threads. also update your profile first.
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
take it easy dude. People respond to one thread itself. you dont need to open multiple threads. also update your profile first.
more...
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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bkarnik
04-17 03:37 PM
But, even if you are being audited, you still would get a response within 60 days letting you know that your case is being audited. They need to do this because they need all the records from the company for auditing. This way the DOL can keep the statistics at an impressive level. My guess is that either this particular application has fallen through the cracks due to the initial IT issues or the lawyer and/or the employer have not bothered to let the employee know if they have received any information.
My 2 cents..
My 2 cents..
more...
ita
01-15 06:36 PM
Was planning to call back again.
Thank you.
Thanks for calling, try to call again, and ask the receptionist to transfer to the the person who handles the immigration department. Tell him the need for recapture visa bill, as you plan to buy homes. And how this bill will help in towards minimizing the housing crisis and the downfall of the economy.
Please I humbly request all IV members to call her office.
Thank you
Thank you.
Thanks for calling, try to call again, and ask the receptionist to transfer to the the person who handles the immigration department. Tell him the need for recapture visa bill, as you plan to buy homes. And how this bill will help in towards minimizing the housing crisis and the downfall of the economy.
Please I humbly request all IV members to call her office.
Thank you
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webm
09-25 10:19 AM
We both have received EAD.
But I want to stay in H1B. Can my spouse use EAD to work and I stay in H1B?
Thanks.
Yes she can work on EAD and obviously then her H4 goes to invalid status.And you can be on H1-B..
HTH,
But I want to stay in H1B. Can my spouse use EAD to work and I stay in H1B?
Thanks.
Yes she can work on EAD and obviously then her H4 goes to invalid status.And you can be on H1-B..
HTH,
more...
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jkays94
05-03 11:20 AM
We should empahsise how the amnesty offer can set precedence for future influx of people and how US would end up as Latino country, if immigration is not controlled. This can be a sure catalyst for SJ Mercury times as they are trying to find ammunition to counter the Illegal protests
Sundar99, I do agree with some of your sentiments about promoting the cause of legal immigrants but lets not pick battles that will only be turned against IV. IV has many external detractors and the more IV gains exposure in the media, more enemies will continue to emerge. Do you suppose organizations such as FAIR, NumbersUSA and others really distinguish between IV and the undocumented movement ? Visit this blog by one of the FAIR executives : www.steinreport.com (http://www.steinreport.com) and you will understand that legal and illegal immigrants to such organizations are one and the same thing as far as they are concerned and they could care less regardless of the glaring facts. One of the concerns that you highlight is that of increased backlogs in the face of amnesty, it has been reiterated by several senators all in agreement that anyone coming through amnesty will go to the back of the line and not before legal immigrants.
We should empahsise how the amnesty offer can set precedence for future influx of people and how US would end up as Latino country, if immigration is not controlled.
Do you really want to pick a fight with the more than 43 million Americans of Hispanic origin ? This is the very same argument that bloggers are using against IV following the WP article about an invasion by persons of Chinese and Indian origin, arguments made totally out of context. Why should we emulate such organizations and stoop to their level. Lets pick our battles wisely and only those we have a chance of winning.
Sundar99, I do agree with some of your sentiments about promoting the cause of legal immigrants but lets not pick battles that will only be turned against IV. IV has many external detractors and the more IV gains exposure in the media, more enemies will continue to emerge. Do you suppose organizations such as FAIR, NumbersUSA and others really distinguish between IV and the undocumented movement ? Visit this blog by one of the FAIR executives : www.steinreport.com (http://www.steinreport.com) and you will understand that legal and illegal immigrants to such organizations are one and the same thing as far as they are concerned and they could care less regardless of the glaring facts. One of the concerns that you highlight is that of increased backlogs in the face of amnesty, it has been reiterated by several senators all in agreement that anyone coming through amnesty will go to the back of the line and not before legal immigrants.
We should empahsise how the amnesty offer can set precedence for future influx of people and how US would end up as Latino country, if immigration is not controlled.
Do you really want to pick a fight with the more than 43 million Americans of Hispanic origin ? This is the very same argument that bloggers are using against IV following the WP article about an invasion by persons of Chinese and Indian origin, arguments made totally out of context. Why should we emulate such organizations and stoop to their level. Lets pick our battles wisely and only those we have a chance of winning.
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meher
12-24 12:56 PM
So i should report the pay for sep to dec in substitute W2 though i have not received it from my employer right and also report to DOL for the same.
more...
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optimist578
03-18 12:34 PM
Info from http://www.govtrack.us/congress/bill.xpd?bill=h110-572
----Quoted from website -----------------
H.R. 572: Comprehensive Immigration Reform Commission Act of 2007
Status: Introduced
This bill is in the first step in the legislative process. Introduced bills go first to committees that deliberate, investigate, and revise bills before they go to general debate. The majority of bills never make it out of committee.
Sponsor: Rep. Edolphus Towns [D-NY] (no cosponsors)
Last Action: Jan 18, 2007: Referred to the House Committee on the Judiciary.
Bill Sponsorship & Cosponsorship Statistics:
Edolphus Towns has sponsored 90 bills since Jan 6, 1999, of which 88 haven't made it out of committee (Extremely Poor) and 0 were successfully enacted (Average, relative to peers). Towns has co-sponsored 2239 bills during the same time period (Exceedingly Many, relative to peers).
================================================== ====
How encouraging is that?
Have people seen the movie Legally Blonde 2? How the lead person lobbies for the Bruisser Bill ? Wish we could do sth like that.
---------------------------------------------------------------------
Still fighting on... $50 p.m. + Lobbying with local Representatives...
----Quoted from website -----------------
H.R. 572: Comprehensive Immigration Reform Commission Act of 2007
Status: Introduced
This bill is in the first step in the legislative process. Introduced bills go first to committees that deliberate, investigate, and revise bills before they go to general debate. The majority of bills never make it out of committee.
Sponsor: Rep. Edolphus Towns [D-NY] (no cosponsors)
Last Action: Jan 18, 2007: Referred to the House Committee on the Judiciary.
Bill Sponsorship & Cosponsorship Statistics:
Edolphus Towns has sponsored 90 bills since Jan 6, 1999, of which 88 haven't made it out of committee (Extremely Poor) and 0 were successfully enacted (Average, relative to peers). Towns has co-sponsored 2239 bills during the same time period (Exceedingly Many, relative to peers).
================================================== ====
How encouraging is that?
Have people seen the movie Legally Blonde 2? How the lead person lobbies for the Bruisser Bill ? Wish we could do sth like that.
---------------------------------------------------------------------
Still fighting on... $50 p.m. + Lobbying with local Representatives...
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amoljak
10-16 02:03 PM
Kambi:
Based on current stats,
LC - It will take about 4 months from the date you initiate your case with your lawyer
140- Eb2 or eb 3 will take from 4 weeks to 4 months
485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.
However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!
In addition to what final GC said, you need at least 3 months before you file the PERM labor cert application to do all the prep work, advertise etc.
If your job falls under EB3 you are screwed no matter where you come from.
But since you will be getting a Master's degree, you can work on H1B for a year, then get a different job which falls under EB2. That way you would start your green card a year later, but you will be able to file 485 with 140 and you will get your green card much sooner.
Based on current stats,
LC - It will take about 4 months from the date you initiate your case with your lawyer
140- Eb2 or eb 3 will take from 4 weeks to 4 months
485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.
However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!
In addition to what final GC said, you need at least 3 months before you file the PERM labor cert application to do all the prep work, advertise etc.
If your job falls under EB3 you are screwed no matter where you come from.
But since you will be getting a Master's degree, you can work on H1B for a year, then get a different job which falls under EB2. That way you would start your green card a year later, but you will be able to file 485 with 140 and you will get your green card much sooner.
more...
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rajuseattle
08-04 01:23 PM
Sorry to hear about your friend's situation.
From your answers it looks like she is on H-4 which is dependent spouse for H1B.
If she is qualified enough ask her to find a new employer who is willing to sponsor her a H1B.
She can transfer her status from H-4 to H1B and it will not be counted against the annual H1B quota.
Once she finds new employer she can start her GC process.
If she cant find job here and be in H1B status, the only option is to go back to her Home country...or another option is to remarry with someone who has legal status here and then she can derive the dependent status.
From your answers it looks like she is on H-4 which is dependent spouse for H1B.
If she is qualified enough ask her to find a new employer who is willing to sponsor her a H1B.
She can transfer her status from H-4 to H1B and it will not be counted against the annual H1B quota.
Once she finds new employer she can start her GC process.
If she cant find job here and be in H1B status, the only option is to go back to her Home country...or another option is to remarry with someone who has legal status here and then she can derive the dependent status.
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tinku01
07-17 10:33 AM
I recieved reply from consulate stating that I need to get PCC from US consulate as I have not being living in India for a long time therefore there is no use of getting PCC from local police station. Now anybody let me know if I fly to SFO they would give my PCC with in a day or would take time ??/
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looivy
08-15 11:24 AM
The answer to the FAQ clearly states that you should be fine and expect some processing delays. I am not sure what else you would like to know.
What I am looking for is how do they physically transfer the application? I am afraid of dealing with another incompetent organization such as USPS. Also, what type of processing delays should I expect?
How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.
What I am looking for is how do they physically transfer the application? I am afraid of dealing with another incompetent organization such as USPS. Also, what type of processing delays should I expect?
How recent were the guidelines that I-485 be sent to the same center as I-140? Were these guidelines applicable on July 2nd.
bigboy007
06-03 01:57 AM
This came up to my mind : In senate there was voting on whether to bring immigration bill or not on to table , voting is around 60+ - 30+ , now these 30+ are sure they are going to reject it atleast with 90% confidence. we need to target the remaining 60 more compared to 30 who are already against to senate bill. This is very imp i dont know how to gather those details any help please ?
gccovet
11-17 07:57 AM
IV gurus Please help.
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
I went thru the same thing 5-6 years back, Big blue(IBM) was laying off people they were not filing for LC's for 6 months.
I guess, your friend needs to find some company to file his GC while he still continues with his current employer. Once LC is approved, he can opt to join the LC sponsorer employer.
GCCovet
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
I went thru the same thing 5-6 years back, Big blue(IBM) was laying off people they were not filing for LC's for 6 months.
I guess, your friend needs to find some company to file his GC while he still continues with his current employer. Once LC is approved, he can opt to join the LC sponsorer employer.
GCCovet
