sheela
10-15 09:56 PM
Thank you.
I also am thinking same. But since I had medical RFE, I am not expecting any more RFE at this point. Looking at my PD, it wouldbe another year or 2 in best case scenario to pickup the file and get over it. So if can get a break of 2-3 months between jobs,it would save me alot of tension and worry.
and if officer wanted EVL, he would had added a clause in my recent RFE.No point in going back to my file and saying. oh!! let me ask him EVL now that he is done with medicals. And if he does that it would be atleast an year or 2 if not later.
But then again, nobody can predict USCIS, but atleast I can be happy that I thought thru it and probability is very very slim of me hitting a bus on an intersection.
Keeping fingers crossed until approved is the mantra.
I believe IOs must be having a kind of 'work-sheet' while they are reviewing and are checking each box (?) for any missing info/link and if needed, will list the info required (all-in-one-go). and send out rfe. Once a satisfactory response is received --case is approved OR pre-adjudicated only to be approved when current.
I also am thinking same. But since I had medical RFE, I am not expecting any more RFE at this point. Looking at my PD, it wouldbe another year or 2 in best case scenario to pickup the file and get over it. So if can get a break of 2-3 months between jobs,it would save me alot of tension and worry.
and if officer wanted EVL, he would had added a clause in my recent RFE.No point in going back to my file and saying. oh!! let me ask him EVL now that he is done with medicals. And if he does that it would be atleast an year or 2 if not later.
But then again, nobody can predict USCIS, but atleast I can be happy that I thought thru it and probability is very very slim of me hitting a bus on an intersection.
Keeping fingers crossed until approved is the mantra.
I believe IOs must be having a kind of 'work-sheet' while they are reviewing and are checking each box (?) for any missing info/link and if needed, will list the info required (all-in-one-go). and send out rfe. Once a satisfactory response is received --case is approved OR pre-adjudicated only to be approved when current.
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dealsnet
02-24 09:03 AM
If the work for the same employer is fine. The EIN in the W2 and 1099 should match.
If any query comes, you can say overtime is billed on 1099.
I am currently on H1B thru a hospital as a physician and I did extra shifts for the same hospital and my extra icnome was given on 1099.
Is it illegal even if it is the same job but extra work?
Does it matter if the emoloyer already filed I140 on my behalf?
I know atleast 2 individuals who did it and got greencards without a problem.
If any query comes, you can say overtime is billed on 1099.
I am currently on H1B thru a hospital as a physician and I did extra shifts for the same hospital and my extra icnome was given on 1099.
Is it illegal even if it is the same job but extra work?
Does it matter if the emoloyer already filed I140 on my behalf?
I know atleast 2 individuals who did it and got greencards without a problem.
hopelessGC
04-28 11:20 AM
I would assume that it is already decided with the exception that a visa number is not available. So a final judgement is pending availability of visa numbers.
This is a good sign...I think :D
This is a good sign...I think :D
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VivekAhuja
09-29 01:53 PM
You cannot get reimmbursed or file a claim. You can but will not get $$ back.
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setpit_gc
05-28 12:10 AM
Tsc
snathan
05-17 05:02 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM
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DDash
08-06 04:36 PM
Friends, I Received the magic email today!
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
Ceter: TSC
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
Ceter: TSC
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
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iman.karta
04-15 05:33 PM
Dear Sir/Ma'am,
I am currently in the last stage of greencard. My I-140 has been approved and I have done biometrics code 3.
I am applying for an immigrant visa via employment-based; EB2.
I recently got an RFE for my I-485 application. The request is to submit evidences of my non-immigrant status ever since I came back to the US from my out-of-country vacation on December 1999. Some of the evidences requested include the copies of my I-20s.
I attended 4 different schools; hence I should have four I-20s. I cannot find any of them.
And since I attended these schools more than 5 years ago, they could not provide me with a copy of my I-20s since they have been purged.
The question is:
1. What is the alternative that I have?
2. My attorney suggested that I obtain official transcripts from each schools, as well as a note from them explaining that my I-20s has been purged and are unobtainable.
Do you think these will be sufficient?
3. When an applicant got RFEd for his/her I-485 application, what is the typical period of time until the answer is given? My case is processed in TSC.
Thank for the input.
Warm regards...
I am currently in the last stage of greencard. My I-140 has been approved and I have done biometrics code 3.
I am applying for an immigrant visa via employment-based; EB2.
I recently got an RFE for my I-485 application. The request is to submit evidences of my non-immigrant status ever since I came back to the US from my out-of-country vacation on December 1999. Some of the evidences requested include the copies of my I-20s.
I attended 4 different schools; hence I should have four I-20s. I cannot find any of them.
And since I attended these schools more than 5 years ago, they could not provide me with a copy of my I-20s since they have been purged.
The question is:
1. What is the alternative that I have?
2. My attorney suggested that I obtain official transcripts from each schools, as well as a note from them explaining that my I-20s has been purged and are unobtainable.
Do you think these will be sufficient?
3. When an applicant got RFEd for his/her I-485 application, what is the typical period of time until the answer is given? My case is processed in TSC.
Thank for the input.
Warm regards...
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masti_Gai
11-07 12:43 PM
Just write a letter addressing the Immigration Officer stating that you reside in xyz area, work for ABC company and you take all the responsibilities like boarding , lodging and traveling expenses of your parents.
Do give them your phone no. so that they can call you and verify in case if they want to.
That would suffice:)
Do give them your phone no. so that they can call you and verify in case if they want to.
That would suffice:)
hair Photography Quotes Graphics
lostinbeta
10-22 04:46 PM
Yeah you have to open the safe to get the key.
If you wandered around that mansion you would have gotten scraps of paper that had numbers on them.
The 3 numbers make up the combination.
You have to go up the steps, and to the left into a room where there is a safe.
You have to enter the combination quick and without mistakes to open it.
After you get it open youw ill have to fight a boss that is half/half. One half hot and one half cold if I remember correctly (which I probably don't).
After beating him you will get the key to the basement door and some other cool items.
If you wandered around that mansion you would have gotten scraps of paper that had numbers on them.
The 3 numbers make up the combination.
You have to go up the steps, and to the left into a room where there is a safe.
You have to enter the combination quick and without mistakes to open it.
After you get it open youw ill have to fight a boss that is half/half. One half hot and one half cold if I remember correctly (which I probably don't).
After beating him you will get the key to the basement door and some other cool items.
more...
pvganesh
10-23 09:47 PM
Hi,
We are filing I-140 in EB2 category in this month; I came to know from this forum that one should include 2 affidavits from past colleagues or managers with job duties if experience letters can't be obtained with job duties.
I have two questions with regard to Experience letters -
(i) My previous employer (worked in 2003 in India) is no longer in existence, and i could only get one affidavit from the client manager. I don't know now any other colleague from the company, so I�m not sure what can be done in these cases. Please advise...
(ii) I have obtained two affidavits, one from a manager and other from colleague for a previous company that i worked in 2009 in US. But the job duties they agreed to sign is not 100% equal to job duties included in PERM application for that previous experience. What i meant by difference is, wording may be slightly different or of the 6 to 7 job duties, one or two may be different. This happened because my manager advised that he could only include job duties of system analyst (per H1B petition) but my actual job duties are particular to a technology.
I'm not sure if there should be 100% match between experience letter/affidavit job duties and job duties included in PERM application for previous experiences. Please advise..
I think my thread is very long, but i feel this will help all of us to understand the legal requirement and help us avoiding any RFEs or denials in I-140.
Thanks and Regards,
PVGanesh
We are filing I-140 in EB2 category in this month; I came to know from this forum that one should include 2 affidavits from past colleagues or managers with job duties if experience letters can't be obtained with job duties.
I have two questions with regard to Experience letters -
(i) My previous employer (worked in 2003 in India) is no longer in existence, and i could only get one affidavit from the client manager. I don't know now any other colleague from the company, so I�m not sure what can be done in these cases. Please advise...
(ii) I have obtained two affidavits, one from a manager and other from colleague for a previous company that i worked in 2009 in US. But the job duties they agreed to sign is not 100% equal to job duties included in PERM application for that previous experience. What i meant by difference is, wording may be slightly different or of the 6 to 7 job duties, one or two may be different. This happened because my manager advised that he could only include job duties of system analyst (per H1B petition) but my actual job duties are particular to a technology.
I'm not sure if there should be 100% match between experience letter/affidavit job duties and job duties included in PERM application for previous experiences. Please advise..
I think my thread is very long, but i feel this will help all of us to understand the legal requirement and help us avoiding any RFEs or denials in I-140.
Thanks and Regards,
PVGanesh
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Ann Ruben
03-19 03:21 PM
There does not appear to be any rational pattern in PWD processing times. In fact, in typically unfair DOL fashion, it seems that PWD requests submitted in mid February are being approved in about 30 days or less while many submitted earlier are still languishing. So, submitting a second PWD request now might get you a PWD sooner than waiting for one submitted in January. The only down side in doing this is that it could further clog what is already a pretty dysfunctional system.
Another issue of concern about the new PWD system is that it has been generating wildly arbitrary determinations some of which reference SOC codes and experience levels different from those on the actual PWD request. Not documents I would want to have to rely on in the event of an audit...
Another issue of concern about the new PWD system is that it has been generating wildly arbitrary determinations some of which reference SOC codes and experience levels different from those on the actual PWD request. Not documents I would want to have to rely on in the event of an audit...
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jasmin45
08-06 12:18 PM
Has USCIS started premium processing of I-140 again ?
Can you please send me the link ? What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ? let me know quick please..
I do not think USCIS has started premium processig for 140. As per last update, the Extension of suspension of premium process is indefinite until next update.
Can you please send me the link ? What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ? let me know quick please..
I do not think USCIS has started premium processig for 140. As per last update, the Extension of suspension of premium process is indefinite until next update.
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gaggu
07-12 02:20 PM
This place is addictive...
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chem2
10-23 05:24 PM
did you get your fingerprint notices yet?
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anilsal
12-18 09:03 PM
We were so close to getting the SKIL bill cleared..........
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sunny1000
09-26 06:20 PM
I have received my physical card on 09/24. This site was a great help and will continue spreading word about IV.
Is anyone here works for Apple Inc.? Need some info. Please send me private message.
Thanks
Congrats!:D
Is anyone here works for Apple Inc.? Need some info. Please send me private message.
Thanks
Congrats!:D
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cagedcactus
07-30 07:24 AM
Kindly please guide me.......
I need someone to please confirm the above posts. I am filing I 140 today and dont want to end up doing it wrong........
thanks....
I need someone to please confirm the above posts. I am filing I 140 today and dont want to end up doing it wrong........
thanks....
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rockstart
07-07 08:30 AM
Is your PD current? Can you post details just wondering in case your PD is not current is USCIS still working on your case and preparing for future.
I just received this RFE on my spouse's I-485 application. It states that while the applicant's name is spelt **i**** on the application it is spelt **ee**** on the birth and marriage registration certificate. The RFE states that they require some sort of document to show that name was officially changed. In a following note the RFE states that the document (I would assume the green card) that the USCIS will issue will be issued in the name on the birth certificate instead of on I-485 application if sufficient proof of registration of name change is not provided. Only a copy of the passport will not be treated as sufficient proof and supporting documentation that the name was registered with authority has to be provided for the USCIS to accept the name change.
Did anyone face this type of issue. What did you do. Any information would be appreciated as I have no clue about how to deal with this. I will ofcourse consult a lawyer at the beginning of next week but would like some advice.
I just received this RFE on my spouse's I-485 application. It states that while the applicant's name is spelt **i**** on the application it is spelt **ee**** on the birth and marriage registration certificate. The RFE states that they require some sort of document to show that name was officially changed. In a following note the RFE states that the document (I would assume the green card) that the USCIS will issue will be issued in the name on the birth certificate instead of on I-485 application if sufficient proof of registration of name change is not provided. Only a copy of the passport will not be treated as sufficient proof and supporting documentation that the name was registered with authority has to be provided for the USCIS to accept the name change.
Did anyone face this type of issue. What did you do. Any information would be appreciated as I have no clue about how to deal with this. I will ofcourse consult a lawyer at the beginning of next week but would like some advice.
Nikhil2
02-10 05:01 PM
Thanks for everybody's reply. I am still confused. Here is more info about my case.
I plan to transfer PD from EB3 to EB2.
My EB3 RIR was approved. The job description required BS and nothing else. I-140 hasn't been filed yet.
MY EB2 PERM was filed and pending. The job description required Master and nothing else.
I obtained the Master degree even before filing EB3.
Now, I plan to file the 1st I-140 based on my old LC. My attorney said it would be approved without any problem.
Then, I plan to file the 2nd I-140 based on new LC and request PD carryover. My attorney said that I would have problem at this time. Since both LCs belong to the same company and both have the same job title - Software Engineer. And, they have different job requirement.
Any more comments?
I think it all depends on what the job qualifications required are.
Hope this helps
I plan to transfer PD from EB3 to EB2.
My EB3 RIR was approved. The job description required BS and nothing else. I-140 hasn't been filed yet.
MY EB2 PERM was filed and pending. The job description required Master and nothing else.
I obtained the Master degree even before filing EB3.
Now, I plan to file the 1st I-140 based on my old LC. My attorney said it would be approved without any problem.
Then, I plan to file the 2nd I-140 based on new LC and request PD carryover. My attorney said that I would have problem at this time. Since both LCs belong to the same company and both have the same job title - Software Engineer. And, they have different job requirement.
Any more comments?
I think it all depends on what the job qualifications required are.
Hope this helps
TheCanadian
02-08 03:44 PM
Congrats!
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