bigboy007
12-10 04:23 PM
Pay scale : My initial labor is approved with Company A with Payrange of 48K thereafter i am getting around 79K with the same employer and around the time when my 140 is applied and approved + 485 filed.
Now new job with be around around payscale of 85k etc how does it effect ? based on following lines i used to get similar amount when my 140 is filed.
PPL SAY
The Yates Memo (2005) explained that a difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial, as long as the case meets occupational classification requirement. However, a significant discrepancy in salary may be a factor in determining whether the new job is "same or similar."
Now new job with be around around payscale of 85k etc how does it effect ? based on following lines i used to get similar amount when my 140 is filed.
PPL SAY
The Yates Memo (2005) explained that a difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial, as long as the case meets occupational classification requirement. However, a significant discrepancy in salary may be a factor in determining whether the new job is "same or similar."
chanduv23
06-12 09:32 AM
I went through it. I was fired but made to resign, and this happened in my 6th year H1b. I was given a 2 month severence check but lawyer told me it is not safe to assume that the severence period makes my stay legal. 30 to 60 days is safe period for h1b transfer.
Desi companies come of help in such cases. I found a project within 20 days and got my h1b transferred to a desi company and reapplied for Gc in PERM and also got extensions. Now I am back in track, also got 3 year h1b extension based on approved 140.
This is one big thing people never realise. The more the retrogression, the more are chances for people into falling into these situations.
Layoffs and firings are common and everyone goes through it no matter what great employee u r, u r only an employee and not the boss.
As per my definition layoff, firing, no pay hikes, working long hours, no promotions, non equal treatment among co workers, giving u crappy work, making ur work miserable etc..... everything is the same.
Desi companies come of help in such cases. I found a project within 20 days and got my h1b transferred to a desi company and reapplied for Gc in PERM and also got extensions. Now I am back in track, also got 3 year h1b extension based on approved 140.
This is one big thing people never realise. The more the retrogression, the more are chances for people into falling into these situations.
Layoffs and firings are common and everyone goes through it no matter what great employee u r, u r only an employee and not the boss.
As per my definition layoff, firing, no pay hikes, working long hours, no promotions, non equal treatment among co workers, giving u crappy work, making ur work miserable etc..... everything is the same.
raju123
07-08 05:06 PM
I don't know the thinking of some people. immigration-law has nicely covered flower campaign. What is the reason to criticize?
We have very fewwwwwww friends for our cause. Mathew Oh is one of them. Do you guys want to loose few friends???? Are we going to win any battle without others support???
Please delete your negative comments and I request not to do any negative comments for like minded organization or person.
We have very fewwwwwww friends for our cause. Mathew Oh is one of them. Do you guys want to loose few friends???? Are we going to win any battle without others support???
Please delete your negative comments and I request not to do any negative comments for like minded organization or person.
sanjay02
11-21 12:55 PM
I saw the following status on I-131
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On November 21, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Does it mean that I-131 is approved?
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On November 21, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Does it mean that I-131 is approved?
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forever_waiting
01-06 02:21 PM
It has happened several times in the past when a members thought a certain bill had a lot of scope...then started advocating on the forums for IV to take up the cause and start lobbying for it...and if it didnt work out or no one showed interest, IV core team ended up receiving brickbats that they never put in the neccessary efforts. This is just a fact.
The advocacy and lobbying for any bill doesnt follow the "top-down" but the "bottom-up" approach. IV can coordnate lobbying and advocacy at the national level but requires our members across the country to meet with their lawmakers to get specific responses on whether they will support that bill.
IV usually lobbies or works on bills that seem to have some traction in Congress. If members are very sure that there are other bills that should be focussed on - they should gather together the numbers (i.e. members who think this will help), meet with lawmakers in their districts - try to find co-sponsors for the bills. Then, if truly a momentum exists - the IV core team can step in and help with additional lobbying.
I have met 3 congressmen in my area - one is an anti-immig and the other two fully support EB legislation but at this point are judging the climate in the new Congress.
As another member stated IV is "me and you". And the bottomline is asking IV to take up a cause is not the right approach. Advocacy and the momentum has to be started by the members.
The advocacy and lobbying for any bill doesnt follow the "top-down" but the "bottom-up" approach. IV can coordnate lobbying and advocacy at the national level but requires our members across the country to meet with their lawmakers to get specific responses on whether they will support that bill.
IV usually lobbies or works on bills that seem to have some traction in Congress. If members are very sure that there are other bills that should be focussed on - they should gather together the numbers (i.e. members who think this will help), meet with lawmakers in their districts - try to find co-sponsors for the bills. Then, if truly a momentum exists - the IV core team can step in and help with additional lobbying.
I have met 3 congressmen in my area - one is an anti-immig and the other two fully support EB legislation but at this point are judging the climate in the new Congress.
As another member stated IV is "me and you". And the bottomline is asking IV to take up a cause is not the right approach. Advocacy and the momentum has to be started by the members.
franklin
06-21 12:27 AM
I think if PD remains current and continues to be current after october, then the I-485s are processed and approved as per the receipt date(RD). So your RD matters if everything continues to be current. If they retrogress, then I-485s are still processed as per I-485 RD, regardless of PD, but if the that PD is not current, then it it will be "placed in suspense" until such PD will become current.
I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
The above is just my theory. I could be totally off, so don't come to any conclusions.
This is my understanding too
I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
The above is just my theory. I could be totally off, so don't come to any conclusions.
This is my understanding too
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obelix
03-02 11:38 AM
Looks like your PD is current. You might get your GC anytime. That is another factor I would consider if your GC gets approved before you get married.
Filing six months in advance seems to be a better idea.
Thanks for your input. I had incorrect information attached under my signature. I've not even started GC filing yet.
Filing six months in advance seems to be a better idea.
Thanks for your input. I had incorrect information attached under my signature. I've not even started GC filing yet.
alterego
04-11 04:59 PM
I would definitely be cautious about the plan you have mentioned. Here is the reason. You applied as an attending/practicing hospitalist through labor for a future job offer and you are moving into a trainee position. Should you be called for an interview or get a RFE at the AOS stage(not that uncommon nowadays), you would have to demonstrate how it is that doing an oncology fellowship better qualifies you to be a future hospitalist. That would be difficult. You could take a chance and get away but know that you will be taking one.
Even in cases of Physician NIW when you have completed the stipulated 5 yr commitment, lawyers are unwilling to give the all clear to do a fellowship on the EAD. They seem to be in consensus that you can move into another attending internist job but that is as far as they will go.
Even in cases of Physician NIW when you have completed the stipulated 5 yr commitment, lawyers are unwilling to give the all clear to do a fellowship on the EAD. They seem to be in consensus that you can move into another attending internist job but that is as far as they will go.
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kshitijnt
07-11 10:37 PM
As long as your old I140 is not withdrawn, you can file 485. I think even if it is withdrawn, there still might be a chance, check with your NEW lawyer.
mbartosik
06-22 05:15 PM
They charge $2, blimey, that's nothing. They want to increase to $9, hey increase it to $100 and to the job properly!
If I was stuck in name check I'd happy write them a check for $900 not just $9.
This is a typical example of how doing things on the cheap is just plain stupid.
If they are going to do a name check for the 12,000,000 to 20,000,000 then how does that affect them. In computing we have to write systems that scale, I doubt their system will scale to cope with an extra 20,000,000 checks.
If I was stuck in name check I'd happy write them a check for $900 not just $9.
This is a typical example of how doing things on the cheap is just plain stupid.
If they are going to do a name check for the 12,000,000 to 20,000,000 then how does that affect them. In computing we have to write systems that scale, I doubt their system will scale to cope with an extra 20,000,000 checks.
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prem_goel
12-03 10:17 PM
Thanks for the update. I have an appointment at Nogales in mid-Dec.
Can you please let me know what the Banamex draft looks like? Also, any help regarding supporting docs would be helpful.
They gave the banamex draft for $151. It just looks like a normal receipt (like grocery store receipts in US). Why do you ask?
See my previous reply for supporting docs.
Can you please let me know what the Banamex draft looks like? Also, any help regarding supporting docs would be helpful.
They gave the banamex draft for $151. It just looks like a normal receipt (like grocery store receipts in US). Why do you ask?
See my previous reply for supporting docs.
AirWaterandGC
05-12 10:09 AM
Thank you for taking action on AILA's Contact Congress website. If you'd like to get more involved in our advocacy efforts, please contact AILA's Manager of Grassroots Advocacy, Jenny Levy.
Your message was sent to:
Senator Richard J. Durbin (D-IL)
Senator Barack Obama (D-IL)
Representative J. Dennis Hastert (R-IL 14th)
This is a suggestion for members using AILA tool. While we appreciate AILA for creating these useful tools, IV is not part of this AILA campaign.
If you want to use the AILA tool. Use your own letter and not AILA letter. Make sure not to use words like 'H1B' and 'illegal/undocumented' in the letter. Lawmaker offices will look at it and will not even care to read it fully. They will assume it is for H1B increase or about illegal immigration. Sometimes you will get an automated reply that has nothing to do with your issues you raised in your letter.
There are some good letter templates in http://immigrationvoice.org/forum/showthread.php?t=3999
and some of them do not use H1B word at all. They are totally focussed on 'Green card'. You can choose to use any one of them. As we see the progress on CIR IV will have its own webfax and call the lawmakers campaign.
Your message was sent to:
Senator Richard J. Durbin (D-IL)
Senator Barack Obama (D-IL)
Representative J. Dennis Hastert (R-IL 14th)
This is a suggestion for members using AILA tool. While we appreciate AILA for creating these useful tools, IV is not part of this AILA campaign.
If you want to use the AILA tool. Use your own letter and not AILA letter. Make sure not to use words like 'H1B' and 'illegal/undocumented' in the letter. Lawmaker offices will look at it and will not even care to read it fully. They will assume it is for H1B increase or about illegal immigration. Sometimes you will get an automated reply that has nothing to do with your issues you raised in your letter.
There are some good letter templates in http://immigrationvoice.org/forum/showthread.php?t=3999
and some of them do not use H1B word at all. They are totally focussed on 'Green card'. You can choose to use any one of them. As we see the progress on CIR IV will have its own webfax and call the lawmakers campaign.
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abhaykul
06-08 03:52 PM
Guys,
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
mmaxima
07-23 09:43 AM
I got a RFE for employment letter not matching closely to the PERM job ads. My 140 is under premium process. The new emplyment letter has been resubmitted. How long does it take for USCIS to make dicision on my case? Will it be process in priority because it's a premium process? Or there is no premium process after RFE? Thanks.
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pandu_hawaldar
06-04 11:09 AM
I don't think its necessary to have kind of a verification letter from bank. I only sent paper statements for past 6 months, that's it. I printed the same online and also did order in mail through 1-800 number of BOA free of charge. As a matter of fact, in my situation at that time, I was not worried about sending this verification letter, because we give enough docs for our genuineness and I thought monthly statements would suffice.
I guess you should close the account with that bank (or atleast make it non-active) and open one locally.
My $0.02 :).
I guess you should close the account with that bank (or atleast make it non-active) and open one locally.
My $0.02 :).
alterego
12-10 07:00 PM
I wonder how it is they justify over 70K visas to EB2ROW, keeping it current all year, when EB2 I was so retrogressed and got only 15K. FIFO my foot. This is the most mismanaged, subjective thing I have ever seen. Translated for us, luck of the draw.
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krishna_brc
05-30 07:11 AM
Hi gurus, Please advise
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
lazycis
09-27 02:26 PM
Title 8 C.F.R. � 205.1(a) states, in pertinent part, that:
The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval:
(3) If any of the following circumstances occur before the beneficiary’s or self-petitioner’s journey to the United States commences … (A) Upon written notice of withdrawal filed by the petitioner or self-petitioner with any officer of the Service who is authorized to grant or deny petitions.
You cannot port revoked petition, because it does not exist anymore.
The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval:
(3) If any of the following circumstances occur before the beneficiary’s or self-petitioner’s journey to the United States commences … (A) Upon written notice of withdrawal filed by the petitioner or self-petitioner with any officer of the Service who is authorized to grant or deny petitions.
You cannot port revoked petition, because it does not exist anymore.
eb3_nepa
04-17 04:32 PM
Not sure if this is for us legal immigrants or against us. It says "hardworking americans". We are not americans yet. It could well mean that join the fight AGAINST H1Bs..
gxr
10-02 09:44 AM
Mine is EB3 with a RD of Oct 6.
LUD was on Oct 26, 2006. No news after that. No RFEs as well.
LUD was on Oct 26, 2006. No news after that. No RFEs as well.
sameer2730
06-21 05:12 AM
File electronically this time. Its not hard and less chances of error. Make sure you provide the correct country of citizenship. It is right after your address and a lot of people including myself chose USA there.
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