ashutrip
06-18 08:52 AM
Hello Leo,
I am not a lawyer so don't take my word ... but this is what I have heard.
Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...
You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.
Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.
Regards,
GreenMe
my freind labor thru PERM is taking upto 150-180 days if ur application is in Atlanta.....they are hatching the files......saala when dates are current my labor in not clear......kya karega pandu jab kismet saala g&%*$u
I am not a lawyer so don't take my word ... but this is what I have heard.
Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...
You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.
Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.
Regards,
GreenMe
my freind labor thru PERM is taking upto 150-180 days if ur application is in Atlanta.....they are hatching the files......saala when dates are current my labor in not clear......kya karega pandu jab kismet saala g&%*$u
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HV000
03-09 01:49 PM
Can somebody suggest/recommend a good immigration attorney in Chicago for filing G-28 and filing AC21? Thanks!!
reddymjm
05-05 06:00 PM
I am sorry...I know this is irrelevent question here. I want to start new thread. How to start. I am not able find it. :(
Please help and don't give reds.
On home page clikc on forums. Then select a topic. You should see new thread there.
Please help and don't give reds.
On home page clikc on forums. Then select a topic. You should see new thread there.
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sayonara
09-19 01:38 PM
Did everyone get receipt and transfer notice? I ask because I only got Transfer notice, and lawyer is not responding about whether he received a receipt notice(with July 2nd date ) also.
TIA
TIA
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ganguteli
06-19 05:09 PM
You made a good point...US media highlights issues based on what it likes and presents it to the people the way they want it to be. US hates 'Ahmedinejad' so they are highighting the opponents..as if the opponent would have been any different for the US..
Do you think Indian Media is fair and impartial?
They do not have the courage to criticize Sonia Gandhi and family?
Do you think Indian Media is fair and impartial?
They do not have the courage to criticize Sonia Gandhi and family?
Munna Bhai
01-18 12:51 PM
INS doesn't process Labor Certification. So it was either DOL who denied Labors or INS/USCIS who denied 140's. The latter is doubtful, because 140 is filed only with an approved Labor (except for EB1s and NIW), but everything is possible with USCIS. There is a will there is a way, there is no will there are excuses (not enough visas, too many of you, too few processing capacity, we gotta protect American workers from you, damn job stealers, etc.)
yes, everything is possible with USCIS but not at I-485 stage!! You can't say at I-485 why can't you hire americans?? They have to give different reason for denial.
yes, everything is possible with USCIS but not at I-485 stage!! You can't say at I-485 why can't you hire americans?? They have to give different reason for denial.
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krajani2007
08-15 03:18 PM
Unless:
i) Has company A paid you all your wages?
If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
===> Since I am working on hourly basis, My wages are high compared to LCA wage. However I was not paid 3 weeks on Bench.
ii) Content of Non-Compete agreement:
If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
===> Contract says I cannot join clients client or End client , Direct or indriect. There is no geographical Limit and it is for 1 year.
iv) LCA for new work location:
If you work for more than 6 months in a county, new LCA should be applied for that location.
===> I guess the LCA is there as I am working for 3 years in the same area (Different County). I found both the projects myself.
Try to negotiate with A. Usually these lawsuits don't run their course.
Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.
If all fails, You MUST consult an attorney.
IMHO, you should've consulted before you took the job.
===> Never realized that the clause existed until they mentioned (Working with same company for 4 years)
__________________
-------------------
Contributed $100.00
DC Rally
Labor Applied: June'08
i) Has company A paid you all your wages?
If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
===> Since I am working on hourly basis, My wages are high compared to LCA wage. However I was not paid 3 weeks on Bench.
ii) Content of Non-Compete agreement:
If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
===> Contract says I cannot join clients client or End client , Direct or indriect. There is no geographical Limit and it is for 1 year.
iv) LCA for new work location:
If you work for more than 6 months in a county, new LCA should be applied for that location.
===> I guess the LCA is there as I am working for 3 years in the same area (Different County). I found both the projects myself.
Try to negotiate with A. Usually these lawsuits don't run their course.
Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.
If all fails, You MUST consult an attorney.
IMHO, you should've consulted before you took the job.
===> Never realized that the clause existed until they mentioned (Working with same company for 4 years)
__________________
-------------------
Contributed $100.00
DC Rally
Labor Applied: June'08
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kondur_007
08-04 10:07 AM
Hey, great example and at a good time.
This is the second major area that needs a great improvement (first being the legislative changes to increase visa numbers somehow). I can't tell, which one of these two issues is more important.
Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries.
Regardless, I am glad to see one more example of "Gandhigiri at work". At least he got his GC.
This is the second major area that needs a great improvement (first being the legislative changes to increase visa numbers somehow). I can't tell, which one of these two issues is more important.
Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries.
Regardless, I am glad to see one more example of "Gandhigiri at work". At least he got his GC.
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needhelp!
10-22 05:37 PM
I can't do it all by myself...
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doomdoom
03-17 11:02 AM
Me also got RFE for 485. My priority date is 2006 Aug. Mine was related to medical report. Dr corrected the mistake and replied back.
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anu_t
08-13 06:05 PM
joining back to EB2 company is the only option I see. But if EB2 company doesn't exist , this is a unique situation. Talk with the lawyer immidiately.
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GCwaitforever
03-07 06:55 PM
Tagging members who paid so far and who has not is a start for the membership drive. Once we cover the registered members and encourage them to contribute, then we can move on to our friends and companies.
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485Mbe4001
11-24 05:48 PM
to the one who left the comment 'pos'..its not, i am just stating a fact, i have been in EB3 with a pd of mid 2002 and have been studying this mess for a long time now. I did not reply to the OP's next question because meridiani.planum had already posted a reply
I would suggest trying for EB2 if possible. Due to the recent change in the visa allocation from vertical to horizontal most of the countries in EB 3 will be affected and movement will be slow. I dont know the number of applicants from Russia but dont expect any additional visa due to spillover. We have an applicant from Russia in our company, he applied in Eb2 and received his GC in 2 and a half years. Most of the EB3s are still rotting waiting for 4-6yrs.
I would suggest trying for EB2 if possible. Due to the recent change in the visa allocation from vertical to horizontal most of the countries in EB 3 will be affected and movement will be slow. I dont know the number of applicants from Russia but dont expect any additional visa due to spillover. We have an applicant from Russia in our company, he applied in Eb2 and received his GC in 2 and a half years. Most of the EB3s are still rotting waiting for 4-6yrs.
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saxx
01-26 05:05 AM
Perlin circles man, that's great.
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tb2904
12-21 11:11 AM
I was in a kind of similar situation couple of times
1. I had a valid US visa and I was traveling from Cincinnati to New Delhi via Paris on Air France. My flight from Cincinnati got delayed and I missed my connecting flight in Paris. All the passengers that had the green card or US citizenship were allowed to stay in Hotel outside the airport. But, since I am an Indian national and did not have a transit visa, France custom officer told me that I am "illegally" in France. He was nice guy and advised me to stay the night at the airport terminal and board the plane to India next day.
2. My visa on my passport expired and I had the H1 extension papers with me. I was traveling on Air France from Cincinnati to New Delhi and my flight was via Paris. The airline staff at Cincinnati did not allow me to board the plane as I did not have a valid US visa on my passport. I had to drive down to Chicago to get the transit visa.
Bottom line, if you don't have a green card it is better/safe to get a transit visa. France is a tourist friendly country and they process the visa much faster than other embassy provided you have had western country visa before (which in your case you do).
1. I had a valid US visa and I was traveling from Cincinnati to New Delhi via Paris on Air France. My flight from Cincinnati got delayed and I missed my connecting flight in Paris. All the passengers that had the green card or US citizenship were allowed to stay in Hotel outside the airport. But, since I am an Indian national and did not have a transit visa, France custom officer told me that I am "illegally" in France. He was nice guy and advised me to stay the night at the airport terminal and board the plane to India next day.
2. My visa on my passport expired and I had the H1 extension papers with me. I was traveling on Air France from Cincinnati to New Delhi and my flight was via Paris. The airline staff at Cincinnati did not allow me to board the plane as I did not have a valid US visa on my passport. I had to drive down to Chicago to get the transit visa.
Bottom line, if you don't have a green card it is better/safe to get a transit visa. France is a tourist friendly country and they process the visa much faster than other embassy provided you have had western country visa before (which in your case you do).
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flyingninja
10-29 03:57 AM
Hi,
I have been working on H1B for past 6 years and just came last week to visit Mumbai and get visa stamping. (My Labor & I-140 is cleared in 2009, I am working for my employer for past 5 years). I applied for H1 extension in April 2010 in premium and got visa approval in 2 weeks with no RFE).
We (I and my wife) have stamped visa once before in Delhi, 2007 with no problems, so this time I was expecting a routine re-stamping from Mumbai consulate. However, the lady at the interview counter asked me few questions and documents such as contract paper between my employer and vendor etc. (I was not carrying it with me) so she gave me a 221 (g) letter with the list of documents they would need to see.
Petitioner Documents:
1. A copy of petition with all supporting documents as filed to USCIS (including full I-129, cover letter for USCIS and educational equivalency report)
2. Petitioners Income Tax Return for the last two tax years and financial statements.
3. A notarized list of all the petitioners employees. The list should show all employee's name, their specific job titles, start and end dates, their individual salaries, their immigration status, and which project/client they are working with.
4. State Unemployment Wage Reports, showing all wages paid to each employee in state, for the past three quarters as filed to (this should be actual form filed to the state authorities and wages paid during the quarter) for all states.
5. A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
6. A letter from the client company sponsoring the project and a copy of the contract between the U.S. based petitioner and the client company, stating the timing, terms and agreement for your project.
7. A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
From the visa applicant:
1. Certified copies of your comp academic credentials.
2. Evidence of previous work experience in the petitioned field.
3. Evidence of extension of legal status in the U.S.
4. Your federal income tax returns and W-2 forms for tax years(previous 2 years)
5. Copies of all pay slips and monthly bank statements for the following period (previous 2 years)
I have done MS in Computer Science from US and got stamped from Vancouver in 2005 and then in 2007 (Delhi with the same employer). I have all the necessary documents for myself (there is 2-3 week of unpaid leave in early 2009). The interviewing lady did mention that my employer has some indicators in the system that he is not in good standing.
Knowing this, could someone please advise me what are my options?
1. I am working on getting relevant documents from my employer, do you think I still might run into problems?
2. I have a direct vendor between my employer and client, I am thinking of approaching the direct vendor to file for H1B and transfer, do you think that could be a problem?
I have been working on H1B for past 6 years and just came last week to visit Mumbai and get visa stamping. (My Labor & I-140 is cleared in 2009, I am working for my employer for past 5 years). I applied for H1 extension in April 2010 in premium and got visa approval in 2 weeks with no RFE).
We (I and my wife) have stamped visa once before in Delhi, 2007 with no problems, so this time I was expecting a routine re-stamping from Mumbai consulate. However, the lady at the interview counter asked me few questions and documents such as contract paper between my employer and vendor etc. (I was not carrying it with me) so she gave me a 221 (g) letter with the list of documents they would need to see.
Petitioner Documents:
1. A copy of petition with all supporting documents as filed to USCIS (including full I-129, cover letter for USCIS and educational equivalency report)
2. Petitioners Income Tax Return for the last two tax years and financial statements.
3. A notarized list of all the petitioners employees. The list should show all employee's name, their specific job titles, start and end dates, their individual salaries, their immigration status, and which project/client they are working with.
4. State Unemployment Wage Reports, showing all wages paid to each employee in state, for the past three quarters as filed to (this should be actual form filed to the state authorities and wages paid during the quarter) for all states.
5. A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
6. A letter from the client company sponsoring the project and a copy of the contract between the U.S. based petitioner and the client company, stating the timing, terms and agreement for your project.
7. A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
From the visa applicant:
1. Certified copies of your comp academic credentials.
2. Evidence of previous work experience in the petitioned field.
3. Evidence of extension of legal status in the U.S.
4. Your federal income tax returns and W-2 forms for tax years(previous 2 years)
5. Copies of all pay slips and monthly bank statements for the following period (previous 2 years)
I have done MS in Computer Science from US and got stamped from Vancouver in 2005 and then in 2007 (Delhi with the same employer). I have all the necessary documents for myself (there is 2-3 week of unpaid leave in early 2009). The interviewing lady did mention that my employer has some indicators in the system that he is not in good standing.
Knowing this, could someone please advise me what are my options?
1. I am working on getting relevant documents from my employer, do you think I still might run into problems?
2. I have a direct vendor between my employer and client, I am thinking of approaching the direct vendor to file for H1B and transfer, do you think that could be a problem?
more...
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abhijitp
08-02 05:30 PM
Greg has picked this from ..
http://www.bibdaily.com/pdfs/Jan%20Pederson%208-2-07.pdf
and except for India everyother country looks good per this prediction.. I dont understand why this partisan attitude..
Although I don't want to spend any more time thinking about this so called "prediction", it is not because I am from India that I am calling this bad news. For any category if dates retrogressed to how things were before the June 07 visa bulletin, it is not good news to me.
http://www.bibdaily.com/pdfs/Jan%20Pederson%208-2-07.pdf
and except for India everyother country looks good per this prediction.. I dont understand why this partisan attitude..
Although I don't want to spend any more time thinking about this so called "prediction", it is not because I am from India that I am calling this bad news. For any category if dates retrogressed to how things were before the June 07 visa bulletin, it is not good news to me.
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mdipi
11-07 03:27 PM
thanks for the great comments! deff do a tut! i think ppl would love it! and we can get our PS7 section. well off do do another tut. i feel bored.
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sparky_jones
10-01 11:26 AM
I found this thread on ImmigrationPortal.com forum with suggestions from "ginnu", who appears to be a well-respected, knowledgeable and trusted member on that forum. Has anyone successfully tried this approach?
http://www.immigrationportal.com/showthread.php?t=263279
http://www.immigrationportal.com/showthread.php?t=263279
tigerk
10-02 09:57 AM
Yes you can apply, but you need to have a Co-signee who is either a US citizen or Permanent resident
Radhika
07-01 08:22 PM
Mostly of the people just think its just giving the annonymous name,phone numbers and getting the benefit of the decision .Please read these point and understand carefully before jumping.
Please be aware, though, that USCIS is likely to examine plaintiffs� adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding �discovery.�
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
Let them ask questions and many as RFEs. why to worry we are here as legal Immigrants. I am ready to take the pain which is far better. and it si best way to make them realize.
Please be aware, though, that USCIS is likely to examine plaintiffs� adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding �discovery.�
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
Let them ask questions and many as RFEs. why to worry we are here as legal Immigrants. I am ready to take the pain which is far better. and it si best way to make them realize.
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