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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El Hacko
August 14th, 2006, 10:56 PM
d15...if it is in the budget I would go for the D80 over it's smaller brothers. I like the addition of the larger viewfinder (and the replaceable cover is a big plus imo) and the larger sensor. You may also find the 100 iso setting appealing. I can't say much about the other features Nikon offers and what would be appealing to you as I am a Canon user but I am guessing you've already done lots of homework as you near decision time.
From the little I know about Nikon, It looks like they have a good selection of lenses as you build up your gear. So far as quality of images I can't speak bad of Nikon from what I've seen. You sound like your commited to Nikon and I won't try to change that but I will say the D80 looks better for the extra $$$
From the little I know about Nikon, It looks like they have a good selection of lenses as you build up your gear. So far as quality of images I can't speak bad of Nikon from what I've seen. You sound like your commited to Nikon and I won't try to change that but I will say the D80 looks better for the extra $$$
setpit_gc
05-28 12:10 AM
Tsc
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jonty_11
12-14 02:15 PM
Class of admission means the class/status she was admitted into the country with. So I think u should use H4. I think u should mail it together...
more...
eb2dec2005
02-22 07:05 PM
hi,
My I140 was approved in 2006 and based on that i got a 3 year extension on my H1 visa. I filed for I485 in July 2007 and have an approved EAD and AP extension too.
Around 3 months back i joined a company as a permanent employee using my EAD.
I did not inform my employer about the new employment because he had already cancelled my Health insurance etc, after 3 months vacation in india and another 2 months without a project.So i wasn't on his payroll since April '08.
I recently got an update on my H1 application with the following message.
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
I am assuming it has to do with cancellation of my H1.
I am not sure if my I140 is cancelled or not.Is there a way i could check this?
I also saw a soft LUD on our I485's on Feb 10th. Does the cancellation of my H1 have any effect on the I485 applications?
Its been an endless wait for this GC since 10 years of my stay in this country.Now iam worried whether the H1 cancellation would jeopardise everything.
Since i was without project for a long time, i had to join the new job using EAD.
Please let me know your opinions.
My I140 was approved in 2006 and based on that i got a 3 year extension on my H1 visa. I filed for I485 in July 2007 and have an approved EAD and AP extension too.
Around 3 months back i joined a company as a permanent employee using my EAD.
I did not inform my employer about the new employment because he had already cancelled my Health insurance etc, after 3 months vacation in india and another 2 months without a project.So i wasn't on his payroll since April '08.
I recently got an update on my H1 application with the following message.
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending.
I am assuming it has to do with cancellation of my H1.
I am not sure if my I140 is cancelled or not.Is there a way i could check this?
I also saw a soft LUD on our I485's on Feb 10th. Does the cancellation of my H1 have any effect on the I485 applications?
Its been an endless wait for this GC since 10 years of my stay in this country.Now iam worried whether the H1 cancellation would jeopardise everything.
Since i was without project for a long time, i had to join the new job using EAD.
Please let me know your opinions.
amitga
04-15 02:54 PM
There are mainly three things that happen after FP
Wait
More Wait
Endless Wait
Wait
More Wait
Endless Wait
more...
GCcomesoon
09-26 12:44 PM
hermione,
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
Hi
I read that you have called FBI to know about the name check status.Whats thier contact no ?What inputs do they ask to get your case status ?
Let everyone know
Thanks
GCcomesoon
How to know if name check has been done. Is there a number to call to confirm NC clearance?.
We had FP on 9/19 and saw LUD on 9/20. Called FBI yesterday and they say they sent results to uscis. Does it mean FP and NC clearance? Or NC is a separate entity. Please, let me know
Hi
I read that you have called FBI to know about the name check status.Whats thier contact no ?What inputs do they ask to get your case status ?
Let everyone know
Thanks
GCcomesoon
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rajuram
09-15 11:09 PM
Hawaii is an outlying US state. Going to Hawaii should be no different than flying between two cities within continental US.
Please double check on the advice before traveling. I know from personal experience that when you travel to South Padre Island, which is very much a part of the US, on the way back you are stopped at a check point. If you are not a citizen, or a permanent resident, then you have to show your papers.
Please double check on the advice before traveling. I know from personal experience that when you travel to South Padre Island, which is very much a part of the US, on the way back you are stopped at a check point. If you are not a citizen, or a permanent resident, then you have to show your papers.
more...
ItIsNotFunny
01-16 11:31 AM
I voted. Please do it now.
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vdlrao
06-11 07:36 AM
what I have heard seems to be right. But partially though.
more...
sk.aggarwal
03-25 08:00 PM
Yes, you can go out of US and use that time to recapture as long as you go within 6 yrs of H1. This is my understanding from my conversation with lawyer working to file my perm. I am planning to travel to India for a month or two once I know the exact time I need. Please help to advice if my understanding is inacccurate.
link to another thread
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/2204-summary-of-extending-h-1b-visa-past-6-years.html
link to another thread
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/2204-summary-of-extending-h-1b-visa-past-6-years.html
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ski_dude12
02-22 07:21 PM
Did you inform USCIS that you are changing jobs using EAD and invoking AC21?
more...
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dkshitij
09-30 03:14 PM
Sorry to bust your bubble. But this is not a India only forum. Immigration voice intends to represent all immigrants.
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eb3_nepa
07-27 05:49 PM
Lets put it this way.
If you already have an H1B and are using your ead just as a back up, then no, you do not have to renew right away, you can re-apply as long as you have copies of your applied I-485 etc.
If you do not have an H1B but you also do not plan to work for a while (in the case of some dependants), then again, NO you do not need to renew right away.
However if the EAD is your PRIMARY document without which you cannot work, but you DO want to work, then YES you do want to renew it before the current ead expires.
If you already have an H1B and are using your ead just as a back up, then no, you do not have to renew right away, you can re-apply as long as you have copies of your applied I-485 etc.
If you do not have an H1B but you also do not plan to work for a while (in the case of some dependants), then again, NO you do not need to renew right away.
However if the EAD is your PRIMARY document without which you cannot work, but you DO want to work, then YES you do want to renew it before the current ead expires.
more...
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chanduv23
07-05 04:25 PM
This has been discussed, we can't help.
It takes time for people to come on same page.
Lot of lawyers have conference calls with their clients - discuss what "their clients" must do.
One good thing is a lot of our members under the IV umbrella have the zeal to do something. Looking at the Munnabhai threads etc...
It is a matter of time before we get organized. IV core is working hard on various aspects.
Before anyone does anything under the IV umbrella - please contact sertasheep or pappu or macaca.
It takes time for people to come on same page.
Lot of lawyers have conference calls with their clients - discuss what "their clients" must do.
One good thing is a lot of our members under the IV umbrella have the zeal to do something. Looking at the Munnabhai threads etc...
It is a matter of time before we get organized. IV core is working hard on various aspects.
Before anyone does anything under the IV umbrella - please contact sertasheep or pappu or macaca.
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crystal
08-16 06:00 PM
That is incorrect.
Both are different.
I was told by my attorneys para leagal (so who knows if this is true or not....) that the ITIN number is the same number that will be issued in the form of ssn.
Both are different.
I was told by my attorneys para leagal (so who knows if this is true or not....) that the ITIN number is the same number that will be issued in the form of ssn.
more...
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delhirocks
03-30 04:00 PM
Double check with Halifax, as far as I remember Halifax does not entertain 3rd country nationals. I went through this when I was in Boston. Based on my research at that time (2003), I conculded the only options I have available are Montreal & Toronto (I went to Montreal).
Things might have changed since then.
Things might have changed since then.
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like_watching_paint_dry
03-15 01:13 PM
u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off
It's not an optional or goodwill thing. With a little bit of googling around here's what I found:
Notify the INS and pay for transportation. Most employment-related visas require the employer to notify the INS when an alien has been fired so that INS can revoke the visa. "Employers are obligated to pay for return travel for that employee back to their home country," Topoleski tells HRWire. Employers who do not comply with these responsibilities are risking being subject to continuing wage obligations for the employee. "The employer's payment obligation ends only if there has been a 'bona fide' termination of the employment relationship, which the DoL will deem to have occurred when the employer notifies the INS of the termination, the H-1B petition is canceled, and the return fare obligation is fulfilled," says Topoleski.
Link: http://www.visalaw.com/news/HRWIRE%20Article%20on%20downsizing.htm
You can complain to DOL if due wages were not paid. I would try and hurt these kind of desi consultancy companies where-ever possible just for having poor ethics.
It's not an optional or goodwill thing. With a little bit of googling around here's what I found:
Notify the INS and pay for transportation. Most employment-related visas require the employer to notify the INS when an alien has been fired so that INS can revoke the visa. "Employers are obligated to pay for return travel for that employee back to their home country," Topoleski tells HRWire. Employers who do not comply with these responsibilities are risking being subject to continuing wage obligations for the employee. "The employer's payment obligation ends only if there has been a 'bona fide' termination of the employment relationship, which the DoL will deem to have occurred when the employer notifies the INS of the termination, the H-1B petition is canceled, and the return fare obligation is fulfilled," says Topoleski.
Link: http://www.visalaw.com/news/HRWIRE%20Article%20on%20downsizing.htm
You can complain to DOL if due wages were not paid. I would try and hurt these kind of desi consultancy companies where-ever possible just for having poor ethics.
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TUnlimited
09-15 12:38 AM
I stop worrying about it and finally got all the receipt notice.
Is there menthal link between USCIS actions and their Clients?:D
Sort of if you do worry about things, they intentionally make it difficult for you, and if you drop it, they think - Well, this fella does not seem to worry about thing, let's make him happy!
Is there menthal link between USCIS actions and their Clients?:D
Sort of if you do worry about things, they intentionally make it difficult for you, and if you drop it, they think - Well, this fella does not seem to worry about thing, let's make him happy!
go_guy123
12-28 10:14 AM
The Congressional starter pistol on comprehensive immigration reform (CIR) has been fired skyward with the release of a 644-page mish-mash of proposed changes to the Immigration and Nationality Act that will both please and infuriate pro- and anti-immigration combatants in the Capitol and throughout the land. Introduced by Rep. Luis V. Gutierrez (D-IL), the bill with three names (the ��Comprehensive Immigration Reform for America�s Security and Prosperity Act of 2009,�� the ��Comprehensive Immigration Reform ASAP Act of 2009,��and the ��CIR ASAP Act of 2009��) is the first sortie in the coming Congressional ground war over immigration policy. With the release...
More... (http://blogs.ilw.com/angelopaparelli/2009/12/cir-asap-an-immigration-hard-slap-to-business.html)
These are the kind of poison pills that derailed previous CIRs.
Amnesty for illegals and as a pacifier to "antis" more conditions/rules for H1B/L1.
The business community as well as skilled immigrants start opposing the CIR and it
comes crashing.
More... (http://blogs.ilw.com/angelopaparelli/2009/12/cir-asap-an-immigration-hard-slap-to-business.html)
These are the kind of poison pills that derailed previous CIRs.
Amnesty for illegals and as a pacifier to "antis" more conditions/rules for H1B/L1.
The business community as well as skilled immigrants start opposing the CIR and it
comes crashing.
dsneyog
01-15 09:03 AM
You are really lucky! I guess since my application was fresh I could not efile. Or I read many posts about how paper filing is way to go to get faster approvals. I think with USCIS everything seems unpredictable.
I am really hoping that mine comes soon.
I e-filed my AP application on Dec 29 at TSC and got the approval email yesterday ... Got approved in 2 weeks.
I am really hoping that mine comes soon.
I e-filed my AP application on Dec 29 at TSC and got the approval email yesterday ... Got approved in 2 weeks.
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