dreamgc_real
08-03 12:05 PM
My EAD details
Mailed Date : 5/24/10
Received Date : 5/26/10
Notice Date: 06/03/10
Checks Cashed: Yes
File Type: Paper/E-filed/Lawyer - Lawyer
Service Center/Lockbox : TSC
RFE DATE: N/A
RFE Description: N/A
SR Opened: Yes ( 07/26/2010)
InfoPass: NO
Current EAD Expiry: 9/03/10
Approval Date:
Approval Desc:
EAD Validity:
I have opened SR @( 07/26/2010) and got the reply back by mail below
----------------------------------------------------------------------------------------------------
The status of the Service Request is
Case type:-- I765
The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.
Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file
-----------------------------------------------------------------------------------------------------
Is this denial of service request or denial of EAD Renewal?
I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.
What should I do now? Please let me know.
Thx
KPR
What does your lawyer say? He should be able to let you know exactly what the letter means - denial for SR or EAD. Check with him.
Mailed Date : 5/24/10
Received Date : 5/26/10
Notice Date: 06/03/10
Checks Cashed: Yes
File Type: Paper/E-filed/Lawyer - Lawyer
Service Center/Lockbox : TSC
RFE DATE: N/A
RFE Description: N/A
SR Opened: Yes ( 07/26/2010)
InfoPass: NO
Current EAD Expiry: 9/03/10
Approval Date:
Approval Desc:
EAD Validity:
I have opened SR @( 07/26/2010) and got the reply back by mail below
----------------------------------------------------------------------------------------------------
The status of the Service Request is
Case type:-- I765
The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.
Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file
-----------------------------------------------------------------------------------------------------
Is this denial of service request or denial of EAD Renewal?
I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.
What should I do now? Please let me know.
Thx
KPR
What does your lawyer say? He should be able to let you know exactly what the letter means - denial for SR or EAD. Check with him.
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08-13 02:40 PM
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01-27 08:30 AM
Summary
(LINK TO FULL REPORT BELOW)
Congress created the H-1B program in 1990 to enable U.S. employers to hire temporary, foreign workers in specialty occupations. The law capped the number of H-1B visas issued per fiscal year at 65,000. Since then, the cap has fluctuated with legislative changes. Congress asked GAO to assess the impact of the cap on the ability of domestic companies to innovate, while ensuring that U.S. workers are not disadvantaged. In response, GAO examined what is known about (1) employer demand for H-1B workers; (2) how the cap affects employer costs and decisions to move operations overseas; (3) H-1B worker characteristics and the potential impact of raising the cap; and (4) how well requirements of the H-1B program protect U.S. workers. GAO analyzed data from 4 federal agencies; interviewed agency officials, experts, and H-1B employers; and reviewed agency documents and literature.
In most years, demand for new H-1B workers exceeded the cap: From 2000 to 2009, demand for new H-1B workers tended to exceed the cap, as measured by the numbers of initial petitions submitted by employers who are subject to the cap. There is no way to precisely determine the level of any unmet demand among employers, since they tend to stop submitting (and the Department of Homeland Security stops tracking) petitions once the cap is reached each year. When we consider all initial petitions, including those from universities and research institutions that are not subject to the cap, we find that demand for new H-1B workers is largely driven by a small number of employers. Over the decade, over 14 percent of all initial petitions were submitted by cap-exempt employers, and only a few employers (fewer than 1 percent) garnered over one-quarter of all H-1B approvals. Most interviewed companies said the H-1B cap and program created costs, but were not factors in their decisions to move R&D overseas: The 34 H-1B employers GAO interviewed reported that the cap has created some additional costs, though the cap's impact depended on the size and maturity of the company. For example, in years when visas were denied by the cap, most large firms reported finding other (sometimes more costly) ways to hire their preferred job candidates. On the other hand, small firms were more likely to fill their positions with different candidates, which they said resulted in delays and sometimes economic losses, particularly for firms in rapidly changing technology fields. Limitations in agency data and systems hinder tracking the cap and H-1B workers over time: The total number of H-1B workers in the U.S. at any one time--and information about the length of their stay--is unknown, because (1) data systems among the various agencies that process such individuals are not linked so individuals cannot be readily tracked, and (2) H-1B workers are not assigned a unique identifier that would allow for tracking them over time--particularly if and when their visa status changes. Restricted agency oversight and statutory changes weaken protections for U.S. workers: Elements of the H-1B program that could serve as worker protections--such as the requirement to pay prevailing wages, the visa's temporary status, and the cap itself--are weakened by several factors. First, program oversight is fragmented and restricted. Second, the H-1B program lacks a legal provision for holding employers accountable to program requirements when they obtain H-1B workers through a staffing company. Third, statutory changes made to the H-1B program have, in combination and in effect, increased the pool of H-1B workers beyond the cap and lowered the bar for eligibility. Taken together, the multifaceted challenges identified in this report show that the H-1B program, as currently structured, may not be used to its full potential and may be detrimental in some cases. This report offers several matters for congressional consideration, including that Congress re-examine key H-1B program provisions and make appropriate changes as needed. GAO also recommends that the Departments of Homeland Security and Labor take steps to improve efficiency, flexibility, and monitoring of the H-1B program. Homeland Security disagreed with two recommendations and one matter, citing logistical and other challenges; however, we believe such challenges can be overcome. Labor did not respond to our recommendations.
Recommendations
Our recommendations from this work are listed below with a Contact for more information. Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work.
Director:Andrew SherrillTeam:Government Accountability Office: Education, Workforce, and Income SecurityPhone:(202) 512-7252
Matters for Congressional Consideration
Recommendation: To ensure that the H-1B program continues to meet the needs of businesses in a global economy while maintaining a balance of protections for U.S. workers, Congress may wish to consider reviewing the merits and shortcomings of key program provisions and making appropriate changes as needed. Such a review may include, but would not necessarily be limited to (1) the qualifications required for workers eligible under the H-1B program, (2) exemptions from the cap, (3) the appropriateness of H-1B hiring by staffing companies, (4) the level of the cap, and (5) the role the program should play in the U.S. immigration system in relationship to permanent residency.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendation: To reduce duplication and fragmentation in the administration and oversight of the H-1B application process, consistent with past GAO matters for congressional consideration, Congress may wish to consider eliminating the requirement that employers first submit a Labor Condition Application (LCA) to the Department of Labor for certification, and require instead that employers submit this application along with the I-129 application to the Department of Homeland Security's U.S. Citizenship and Immigration Services for review.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendation: To improve the Department of Labor's ability to investigate and enforce employer compliance with H-1B program requirements, Congress may wish to consider granting the department subpoena power to obtain employer records during investigations under the H-1B program.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendation: To help ensure the full protection of H-1B workers employed through staffing companies, Congress may wish to consider holding the employer where an H-1B visa holder performs work accountable for meeting program requirements to the same extent as the employer that submitted the LCA form.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendations for Executive Action
Recommendation: To help ensure that the number of new H-1B workers who are subject to the cap--both entering the United States and changing to H-1B status within the United States--does not exceed the cap each year, U.S. Citizenship and Immigration Services should take steps to improve its tracking of the number of approved H-1B applications and the number of issued visas under the cap by fully leveraging the transformation effort currently under way, which involves the adoption of an electronic petition processing system that will be linked to the Department of State's tracking system. Such steps should ensure that linkages to the Department of State's tracking system will provide Homeland Security with timely access to data on visa issuances, and that mechanisms for tracking petitions and visas against the cap are incorporated into U.S. Citizenship and Immigration Services' business rules to be developed for the new electronic petition system.
Agency Affected: Department of Homeland Security
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To address business concerns without undermining program integrity, U.S. Citizenship and Immigration Services should, to the extent permitted by its existing statutory authority, explore options for increasing the flexibility of the application process for H-1B employers, such as (1) allowing employers to rank their applications for visa candidates so that they can hire the best qualified worker for the jobs in highest need; (2) distributing the applications granted under the annual cap in allotments throughout the year (e.g. quarterly); and (3) establishing a system whereby businesses with a strong track-record of compliance with H-1B regulations may use a streamlined application process.
Agency Affected: Department of Homeland Security
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To improve the transparency and oversight of the posting requirement on the Labor Condition Application (LCA), as part of its current oversight role, the Employment and Training Administration should develop and maintain a centralized Web site, accessible to the public, where businesses must post notice of the intent to hire H-1B workers. Such notices should continue to specify the job category and worksite location noted on the LCA and required by statute on current noncentralized postings.
Agency Affected: Department of Labor
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To improve the efficiency and effectiveness of its investigations of employer compliance with H-1B requirements, the Employment and Training Administration should provide Labor's Wage and Hour Division searchable access to the LCA database.
Agency Affected: Department of Labor
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
VIEW FULL REPORT (http://www.gao.gov/new.items/d1126.pdf)
More... (http://ashwinsharma.com/2011/01/25/h-1b-visa-program-reforms-are-needed-to-minimize-the-risks-and-costs-of-current-program.aspx?ref=rss)
(LINK TO FULL REPORT BELOW)
Congress created the H-1B program in 1990 to enable U.S. employers to hire temporary, foreign workers in specialty occupations. The law capped the number of H-1B visas issued per fiscal year at 65,000. Since then, the cap has fluctuated with legislative changes. Congress asked GAO to assess the impact of the cap on the ability of domestic companies to innovate, while ensuring that U.S. workers are not disadvantaged. In response, GAO examined what is known about (1) employer demand for H-1B workers; (2) how the cap affects employer costs and decisions to move operations overseas; (3) H-1B worker characteristics and the potential impact of raising the cap; and (4) how well requirements of the H-1B program protect U.S. workers. GAO analyzed data from 4 federal agencies; interviewed agency officials, experts, and H-1B employers; and reviewed agency documents and literature.
In most years, demand for new H-1B workers exceeded the cap: From 2000 to 2009, demand for new H-1B workers tended to exceed the cap, as measured by the numbers of initial petitions submitted by employers who are subject to the cap. There is no way to precisely determine the level of any unmet demand among employers, since they tend to stop submitting (and the Department of Homeland Security stops tracking) petitions once the cap is reached each year. When we consider all initial petitions, including those from universities and research institutions that are not subject to the cap, we find that demand for new H-1B workers is largely driven by a small number of employers. Over the decade, over 14 percent of all initial petitions were submitted by cap-exempt employers, and only a few employers (fewer than 1 percent) garnered over one-quarter of all H-1B approvals. Most interviewed companies said the H-1B cap and program created costs, but were not factors in their decisions to move R&D overseas: The 34 H-1B employers GAO interviewed reported that the cap has created some additional costs, though the cap's impact depended on the size and maturity of the company. For example, in years when visas were denied by the cap, most large firms reported finding other (sometimes more costly) ways to hire their preferred job candidates. On the other hand, small firms were more likely to fill their positions with different candidates, which they said resulted in delays and sometimes economic losses, particularly for firms in rapidly changing technology fields. Limitations in agency data and systems hinder tracking the cap and H-1B workers over time: The total number of H-1B workers in the U.S. at any one time--and information about the length of their stay--is unknown, because (1) data systems among the various agencies that process such individuals are not linked so individuals cannot be readily tracked, and (2) H-1B workers are not assigned a unique identifier that would allow for tracking them over time--particularly if and when their visa status changes. Restricted agency oversight and statutory changes weaken protections for U.S. workers: Elements of the H-1B program that could serve as worker protections--such as the requirement to pay prevailing wages, the visa's temporary status, and the cap itself--are weakened by several factors. First, program oversight is fragmented and restricted. Second, the H-1B program lacks a legal provision for holding employers accountable to program requirements when they obtain H-1B workers through a staffing company. Third, statutory changes made to the H-1B program have, in combination and in effect, increased the pool of H-1B workers beyond the cap and lowered the bar for eligibility. Taken together, the multifaceted challenges identified in this report show that the H-1B program, as currently structured, may not be used to its full potential and may be detrimental in some cases. This report offers several matters for congressional consideration, including that Congress re-examine key H-1B program provisions and make appropriate changes as needed. GAO also recommends that the Departments of Homeland Security and Labor take steps to improve efficiency, flexibility, and monitoring of the H-1B program. Homeland Security disagreed with two recommendations and one matter, citing logistical and other challenges; however, we believe such challenges can be overcome. Labor did not respond to our recommendations.
Recommendations
Our recommendations from this work are listed below with a Contact for more information. Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work.
Director:Andrew SherrillTeam:Government Accountability Office: Education, Workforce, and Income SecurityPhone:(202) 512-7252
Matters for Congressional Consideration
Recommendation: To ensure that the H-1B program continues to meet the needs of businesses in a global economy while maintaining a balance of protections for U.S. workers, Congress may wish to consider reviewing the merits and shortcomings of key program provisions and making appropriate changes as needed. Such a review may include, but would not necessarily be limited to (1) the qualifications required for workers eligible under the H-1B program, (2) exemptions from the cap, (3) the appropriateness of H-1B hiring by staffing companies, (4) the level of the cap, and (5) the role the program should play in the U.S. immigration system in relationship to permanent residency.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendation: To reduce duplication and fragmentation in the administration and oversight of the H-1B application process, consistent with past GAO matters for congressional consideration, Congress may wish to consider eliminating the requirement that employers first submit a Labor Condition Application (LCA) to the Department of Labor for certification, and require instead that employers submit this application along with the I-129 application to the Department of Homeland Security's U.S. Citizenship and Immigration Services for review.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendation: To improve the Department of Labor's ability to investigate and enforce employer compliance with H-1B program requirements, Congress may wish to consider granting the department subpoena power to obtain employer records during investigations under the H-1B program.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendation: To help ensure the full protection of H-1B workers employed through staffing companies, Congress may wish to consider holding the employer where an H-1B visa holder performs work accountable for meeting program requirements to the same extent as the employer that submitted the LCA form.
Status: In process
Comments: When we determine what steps the Congress has taken, we will provide updated information.
Recommendations for Executive Action
Recommendation: To help ensure that the number of new H-1B workers who are subject to the cap--both entering the United States and changing to H-1B status within the United States--does not exceed the cap each year, U.S. Citizenship and Immigration Services should take steps to improve its tracking of the number of approved H-1B applications and the number of issued visas under the cap by fully leveraging the transformation effort currently under way, which involves the adoption of an electronic petition processing system that will be linked to the Department of State's tracking system. Such steps should ensure that linkages to the Department of State's tracking system will provide Homeland Security with timely access to data on visa issuances, and that mechanisms for tracking petitions and visas against the cap are incorporated into U.S. Citizenship and Immigration Services' business rules to be developed for the new electronic petition system.
Agency Affected: Department of Homeland Security
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To address business concerns without undermining program integrity, U.S. Citizenship and Immigration Services should, to the extent permitted by its existing statutory authority, explore options for increasing the flexibility of the application process for H-1B employers, such as (1) allowing employers to rank their applications for visa candidates so that they can hire the best qualified worker for the jobs in highest need; (2) distributing the applications granted under the annual cap in allotments throughout the year (e.g. quarterly); and (3) establishing a system whereby businesses with a strong track-record of compliance with H-1B regulations may use a streamlined application process.
Agency Affected: Department of Homeland Security
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To improve the transparency and oversight of the posting requirement on the Labor Condition Application (LCA), as part of its current oversight role, the Employment and Training Administration should develop and maintain a centralized Web site, accessible to the public, where businesses must post notice of the intent to hire H-1B workers. Such notices should continue to specify the job category and worksite location noted on the LCA and required by statute on current noncentralized postings.
Agency Affected: Department of Labor
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Recommendation: To improve the efficiency and effectiveness of its investigations of employer compliance with H-1B requirements, the Employment and Training Administration should provide Labor's Wage and Hour Division searchable access to the LCA database.
Agency Affected: Department of Labor
Status: In process
Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
VIEW FULL REPORT (http://www.gao.gov/new.items/d1126.pdf)
More... (http://ashwinsharma.com/2011/01/25/h-1b-visa-program-reforms-are-needed-to-minimize-the-risks-and-costs-of-current-program.aspx?ref=rss)
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rb_248
04-19 08:16 AM
I guess this is true democracy. Politicians just don't act. This is the reason why so many countries are still not democracies. :(
Keep the hopes up. Sometime we all will see relief.
Keep the hopes up. Sometime we all will see relief.
more...
Green_Always
06-12 06:04 PM
Paaji msingh, Try contacting Manmohan Singh.
Right Solution :-)
msingh.. life is tough for GC Holders also here, without Job / work life is hell over here.
Right Solution :-)
msingh.. life is tough for GC Holders also here, without Job / work life is hell over here.
abandookwala63
02-03 12:54 PM
My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.
I am in the same boat. My lawyer told me to sent AC21 notification to USCIS as I am on H1 and never used EAD. He told me that my old employer will not revoke I-140 but he will cancel my H1B which is valid till 2010 and they will come to know about your status(change in job) and incase at the time of interview they ask for paystubs how r u going to produce it as u are not working for him. Please give ur inputs as I may be wrong.
I am in the same boat. My lawyer told me to sent AC21 notification to USCIS as I am on H1 and never used EAD. He told me that my old employer will not revoke I-140 but he will cancel my H1B which is valid till 2010 and they will come to know about your status(change in job) and incase at the time of interview they ask for paystubs how r u going to produce it as u are not working for him. Please give ur inputs as I may be wrong.
more...
desi485
05-05 10:37 AM
If this happens it will be a bad news as given environment I 140 approval takes years . Very soon there will be a backlog in I 140 stage.. They are just swaping backlog from one stage to another..
__________________
-----------------------------------------
Member of Tri State Chapter ( NJ / NY / CT )
Sent faxes to Congressmen / women for EB greencard recapture.
Eb2 India
PD : January 3 2008
I 140 : March 10 2008
LUD : March 19 2008 :
I 485 : Not yet applied.
EAD / AP : Not yet
-----------------------------------------
I was wondering, looking at your signature... Didn't u get a chance to file for 485 in July? Just curious.
__________________
-----------------------------------------
Member of Tri State Chapter ( NJ / NY / CT )
Sent faxes to Congressmen / women for EB greencard recapture.
Eb2 India
PD : January 3 2008
I 140 : March 10 2008
LUD : March 19 2008 :
I 485 : Not yet applied.
EAD / AP : Not yet
-----------------------------------------
I was wondering, looking at your signature... Didn't u get a chance to file for 485 in July? Just curious.
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ssnd03
07-12 04:32 PM
Every guy thinks that his/her problem is always the biggest bottleneck
Eliminating FBI delays will restore FIFO and stop such visa bulletin fiascos.
It will not solve retrogression which is a bigger problem, but requires congressional action for number increases
Eliminating FBI delays will restore FIFO and stop such visa bulletin fiascos.
It will not solve retrogression which is a bigger problem, but requires congressional action for number increases
more...
when
02-29 08:42 AM
How can one find his/her receipt date if they dont have copy of their receipt notice, just the receipt notice?
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senthil1
10-15 07:03 PM
I do not think USA is losing ground. If China and India thinks that they are Really improving economy Why can't they make their currencies free Trade? Why are they artifically Keeping exchange rates. The reason is if really a country is stronger then currency should go up and US dollar should become weaker. But India and Cannot sustain as the export business will go down for India and China if their currency becomes too strong. So India and China are looking for US and europe Market. So inter dependence is always there. There is lot of speculation that India will exceed US in 2020. But it is far from true. For stronger Indian economy India needs US Consumption. For that USA needs to be stronger. May be lot of human resources are there in india. But that will be also resolved in another 20 Years because still Inflow is more than return to india. 80% of H1s are Indians apart from lot of L1 people.
more...
thescadaman
03-24 12:53 PM
Nice interview. Thanks Mark! I enjoyed your responses. You were well prepared with facts to support your points.
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hourglass
07-16 05:43 PM
"The formal announcement of the CIS �solution� has been held up because they need to receive approval from the Office of Management and Budget. This suggests that the CIS solution may include one or more changes to the existing regulations. In any event, all sources are reporting that, at a minimum, all July filings will be accepted. The possible regulatory changes suggest possible far reaching solutions that go beyond the immediate problem"
where do you all see/consult for updates or news on USCIS activities?
where do you all see/consult for updates or news on USCIS activities?
more...
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shreekarthik
06-10 05:56 PM
Can anyone help with advice? Talk about frustration! I qualify for EB2 since I have a masters degree (and also more than 5 years of experience in my field). I could qualify for EB2 except that my job description "prefers" (rather than "requires") a masters degree. The language prevents my compay from filing EB2, yet my job responsibilities are such that they certaily warrant a masters degree. My compay doesn't want to change my position or wording even though they clearly know (through my explanations) that that means adding close to 5-6 years to the wait! They also fail to see that making me wait so long also affects them because the company cannot promote me or chage my responsibilities for the duration of the wait! Has anyone been through the same situation?
They get a well qualified employee at a lower salary for a longer period of time. If they don't listen try to find an employer that could file u at EB-2.
They get a well qualified employee at a lower salary for a longer period of time. If they don't listen try to find an employer that could file u at EB-2.
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saravanaraj.sathya
07-31 10:08 AM
I would like to know what are the primary reasons why employers revokes approved I-140 after invoking AC21 after 180 days.
a. I think one of the reason is Labor substitution. If they want to use it for someone else. Now that this is eliminated, I think there will be minimal chances of revocation in future.
b. Do big companies like Infy, Wipro do this?
c. They could revoke because of problems between employer and employees...I think we need to be patient and work this out..
Please reply with ur inputs.
a. I think one of the reason is Labor substitution. If they want to use it for someone else. Now that this is eliminated, I think there will be minimal chances of revocation in future.
b. Do big companies like Infy, Wipro do this?
c. They could revoke because of problems between employer and employees...I think we need to be patient and work this out..
Please reply with ur inputs.
more...
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imneedy
02-04 10:33 AM
Does it make sense to change status to h4 from f1 before my spouse goes out of country and come back on h4 instead of AP?
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sravani
05-15 12:50 PM
Is there already a poll like this for EB3?
EB3 polls are here:
http://immigrationvoice.org/forum/showthread.php?t=4440
http://immigrationvoice.org/forum/showthread.php?t=4420
EB3 polls are here:
http://immigrationvoice.org/forum/showthread.php?t=4440
http://immigrationvoice.org/forum/showthread.php?t=4420
more...
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hpandey
06-12 10:19 AM
Hi Mr. Singh,
The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job . If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.
Best look for another job and apply for labor before Oct.
Best of luck.
The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job . If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.
Best look for another job and apply for labor before Oct.
Best of luck.
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crystal
02-02 10:27 AM
http://www.ice.gov/sevis/travel/faq_f2.htm#_Toc81222024
2.K. Can I travel outside the United States if I have a Form I-485 adjustment of status application pending?
No, not without advance permission. If you depart the United States with a pending I-485, you have abandoned your application unless you receive permission in advance from USCIS to return to the United States. This permission is called Advance Parole.
You may also be considered ineligible to return to the United States as an F-1 student, because your application to change status to that of a permanent resident is evidence of intent to immigrate which is inconsistent with nonimmigrant student status
2.K. Can I travel outside the United States if I have a Form I-485 adjustment of status application pending?
No, not without advance permission. If you depart the United States with a pending I-485, you have abandoned your application unless you receive permission in advance from USCIS to return to the United States. This permission is called Advance Parole.
You may also be considered ineligible to return to the United States as an F-1 student, because your application to change status to that of a permanent resident is evidence of intent to immigrate which is inconsistent with nonimmigrant student status
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msp1976
05-19 10:41 AM
I need some advice from the people on this board.
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
the whole employment thing works with the premise that you are going to work for him after you get your GC...However unjust that might be that is how it is...So you got to reconcile with that fact...And you have to cultivate better relations with your employer....You should not speak about him/lawyer about leaving him. If you have already said that you have done damage to your cause and you have to do some damage control.....I know that employers are a pain in you know what but if you want GC you would need to take the pain ....
My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.
the whole employment thing works with the premise that you are going to work for him after you get your GC...However unjust that might be that is how it is...So you got to reconcile with that fact...And you have to cultivate better relations with your employer....You should not speak about him/lawyer about leaving him. If you have already said that you have done damage to your cause and you have to do some damage control.....I know that employers are a pain in you know what but if you want GC you would need to take the pain ....
amsgc
01-23 06:48 PM
I can't think of any issue - as long as you have all the papers, seems fairly straight forward and routine to me.
Sorry for little confusion.
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
Sorry for little confusion.
What I mean was,
- I filed I-485 for me and my wife
- then after 180 days I switched to a new company with H1B transfer.
- So, I am still in H1B status.
- But my wife (secondary applicant) is using EAD based on I-485 and working.
Which means we used AC21 for portability of our I-140 and I-485 cases.
Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?
amitga
06-24 11:41 AM
Rupert Murdoch, Mayor Bloomberg Lobby For Immigration Reform, Path To 'Legal Status' For Illegal Immigrants (http://www.huffingtonpost.com/2010/06/24/rupert-murdoch-mayor-bloo_n_623805.html)
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