wahwah
04-03 08:22 PM
dont worry about actual salary being higher than LC salary.
i had the same issue last year...my bonus put my total salary over $50K than what was listed on the LC. i checked with my lawyers and they said that was fine.
Just curious - Have you heard of a case being rejected just because the salary was higher than the original LC ?? (Assuming job title/description are same or similar). I think it will be almost impossible for them to reject just because is higher!! Govt. cannot dictate the upper limit of salaries (in private sector).
i had the same issue last year...my bonus put my total salary over $50K than what was listed on the LC. i checked with my lawyers and they said that was fine.
Just curious - Have you heard of a case being rejected just because the salary was higher than the original LC ?? (Assuming job title/description are same or similar). I think it will be almost impossible for them to reject just because is higher!! Govt. cannot dictate the upper limit of salaries (in private sector).
wallpaper japan-tsunami-debris-trash-
unitednations
04-23 01:04 PM
Do you know any example of I-485 got rejected after using AC21?
My lawyer says they haven't seen any case like this before. I want to make sure before I change jobs.
Thanks,
USCIS has known to send straight denials even though they are supposed to send NOID when an employer revokes 140. There are many examples where people sent in ac21 or not.
However; in just about every case it eventually got reopened. In the mean time there are many anxious moments while waiting for uscis to reopen the case (can't get ead renewed/ if outside the country wouldn't be allowed back on AP).
USCIS sometimes takes their time reopening the case (upto 7 or 8 months). If you don't have h-1b then there is no legal basis to stay here while waiting for the case to reopen. Can't work, etc. However; if you overstay by six months and they don't reopen the case then the 3 and 10 year bars will kick in and you can kick the greencard away.
Key thing is whether employer revokes 140. If they do then it causes anxious moments. USCIS has also started to revoke approved I-140's on their own when companies respond to rfe's on other candidates 140's (ie., ability to pay for all people together). If uscis revokes it on their own then ac21 does not protect you at all.
My lawyer says they haven't seen any case like this before. I want to make sure before I change jobs.
Thanks,
USCIS has known to send straight denials even though they are supposed to send NOID when an employer revokes 140. There are many examples where people sent in ac21 or not.
However; in just about every case it eventually got reopened. In the mean time there are many anxious moments while waiting for uscis to reopen the case (can't get ead renewed/ if outside the country wouldn't be allowed back on AP).
USCIS sometimes takes their time reopening the case (upto 7 or 8 months). If you don't have h-1b then there is no legal basis to stay here while waiting for the case to reopen. Can't work, etc. However; if you overstay by six months and they don't reopen the case then the 3 and 10 year bars will kick in and you can kick the greencard away.
Key thing is whether employer revokes 140. If they do then it causes anxious moments. USCIS has also started to revoke approved I-140's on their own when companies respond to rfe's on other candidates 140's (ie., ability to pay for all people together). If uscis revokes it on their own then ac21 does not protect you at all.
meimmi
04-07 11:28 AM
Hi Everybody, I have a question to the people who already invoked AC21? Do we need the I-485 receipt to invoke AC21 or can we use I-797C(Biometrics notice) as proof of AOS pending? My employer and employer's attorney did not agree to give me the I-485 receipt. I filed FOIA but did not get anything yet. I could file EAD and AP online and send the biometrics notice as supporting doc, received EAD and AP is pending. Does anybody know if there is any other way to get the I-485 receipt or is it really needed for AC21?
2011 Earthquake and tsunami hit
belmontboy
11-13 01:14 PM
Please bump this thread today so that it is always at the top
bump!!!
bump!!!
more...
boreal
03-22 12:21 PM
But doesn't Pagal PD is Feb '05. Then how could he go for " GREEN " ? EB2 right now is current for Feb 15, 2004.
just a guess, they must be pre-adjudicating - pending a visa number. So, looks like (again a guess), if they pre-adjudicate before the FP expiry date, then you are good, otherwise, they will ask you to go to FP again...
just a guess, they must be pre-adjudicating - pending a visa number. So, looks like (again a guess), if they pre-adjudicate before the FP expiry date, then you are good, otherwise, they will ask you to go to FP again...
hopelessinseattle
03-08 09:39 AM
When I was hired last spring, I was not told about GC retrogression by my employer. I beleive they should have explained in graphic detail and if they done so I would not have left a good job and my home in Canada to move to an American nightmare.
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
more...
paskal
10-24 06:28 PM
see below
also please be good anough to add some details to your profile, simple things like category, PD, country etc don't reduce your anonymity in any way
Good Afternoon IV members,
Best wishes to all of you who are seeking advice or are in a visa process of any sort.
My question here if any one could kindly help me: I came to work in 2002 with a J1 visa, stayed for the 3 stipulated years under the J1 visa. I wanted to changed my visa for a H1B so I got a waiver, and then I went through the process the year that they had the lottery for H1B, I made the lottery, but sadly after paying all my fees, sending all the documents that my lawyer asked my employer for that time, I did not obtain an H1B.
I do not understand this. The waiver H1 is specofically exempt from the H1B quota, why did you need the lottery? If you made the lottery though, why did you not get the H1B?
Last year I could come back with another J1, I stayed in my country for 3 years, so my new employer applied for a J1 without using my waiver, as there was not need for it.
Why did you not get an H1B this time?? Why come back on a J1 after all that history?
Now my question, I do want to change my status from my present J1 to an H1B, and I would like to know if I can use the previous waiver that I obtain with my first J1 in order to waive the 2 year residency restriction on my present J1 so that I could apply for the H1B with a new employer?
You cannot. The J1 is a "scarlet letter". Each time you take one, you need a waiver for it. You will have to get one again. By the way, did you have a physician J1? My answer about the H1B being exempt was based on that presumption.
Any advice is greatly appreciated.
Have a great weekend,
Valle
also please be good anough to add some details to your profile, simple things like category, PD, country etc don't reduce your anonymity in any way
Good Afternoon IV members,
Best wishes to all of you who are seeking advice or are in a visa process of any sort.
My question here if any one could kindly help me: I came to work in 2002 with a J1 visa, stayed for the 3 stipulated years under the J1 visa. I wanted to changed my visa for a H1B so I got a waiver, and then I went through the process the year that they had the lottery for H1B, I made the lottery, but sadly after paying all my fees, sending all the documents that my lawyer asked my employer for that time, I did not obtain an H1B.
I do not understand this. The waiver H1 is specofically exempt from the H1B quota, why did you need the lottery? If you made the lottery though, why did you not get the H1B?
Last year I could come back with another J1, I stayed in my country for 3 years, so my new employer applied for a J1 without using my waiver, as there was not need for it.
Why did you not get an H1B this time?? Why come back on a J1 after all that history?
Now my question, I do want to change my status from my present J1 to an H1B, and I would like to know if I can use the previous waiver that I obtain with my first J1 in order to waive the 2 year residency restriction on my present J1 so that I could apply for the H1B with a new employer?
You cannot. The J1 is a "scarlet letter". Each time you take one, you need a waiver for it. You will have to get one again. By the way, did you have a physician J1? My answer about the H1B being exempt was based on that presumption.
Any advice is greatly appreciated.
Have a great weekend,
Valle
2010 The earthquake and tsunami
rck4evr
09-19 09:30 AM
It was a great rally. Awesome job by the IV core team. It was very well organized. I thank all the IV core team members for that. I got to meet macaca and lots of other people.
Big round of applause to the CA members for showing up in such big numbers. I wished more people should have attended from the DC, NJ, MD and other neighboring states.
Overall it was a great day for IV !!!!
Big round of applause to the CA members for showing up in such big numbers. I wished more people should have attended from the DC, NJ, MD and other neighboring states.
Overall it was a great day for IV !!!!
more...
GCOP
09-22 01:23 PM
Try this link
http://judiciary.house.gov/hearings/calendar.html
Information is correct and it can be confirmed on Judiciary Committee website.
I dont see same info at given link ? did they take it out ?
http://judiciary.house.gov/hearings/calendar.html
Information is correct and it can be confirmed on Judiciary Committee website.
I dont see same info at given link ? did they take it out ?
hair Tweet middot; Comments. Houses are
nixstor
07-05 09:51 AM
Done digging - also dig the comments while you are there.
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
Ams
1146 members and guests. Can you take a min and digg the post and comments before we all get buried? I just dugg all comments to positve and they are now at 0. Folks are actively -ve digging our comments.
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
Ams
1146 members and guests. Can you take a min and digg the post and comments before we all get buried? I just dugg all comments to positve and they are now at 0. Folks are actively -ve digging our comments.
more...
GCIsLuck
10-05 07:40 PM
One of my colleagues got audit for two consecutive years and he received his green card last month.
My worry is what if we pay panalty after IRS final decission on audit ?
Did your friend have to pay the penalty any any of those audits.
Thanks
My worry is what if we pay panalty after IRS final decission on audit ?
Did your friend have to pay the penalty any any of those audits.
Thanks
hot A woman in Ofunato, Japan
ronhira
09-23 02:23 PM
What do you think we should expect from a president who is "socially conservative" and "fiscally liberal".
I expected Obama to be another FDR, but I now feel he is very far from being FDR.
FDR had 8 years & over 55 years after his presidency to make his impression today..... u r judging obama with his first 2 years of his presidency....... where is fairness here?
previous administration created this situation where the economic cycle had literally stopped..... people were not spending money, banks were not giving loan, companies were not expanding/hiring, companies were laying off causing unemployment..... in such times economy needs fusion of cash so that there is enough money in rotation for the economy to continue before customers return and the economic cycle is back on track...... bush (as seen in the video), McCain or any other person would have done the exact same thing becoz there is no other way...... the only other option of not doing anything would have ended up with the country in economic depression....... then u would have blame obama for creating economic depression......
lets talk @ "fiscally liberal"..... darling of the right wing, george bush.... started two wars..... spending over 2 trillion dollars, gave 1.4 trillion dollar tax-cuts to the top 1% who are rich..... this is around $3.5 trillion dollars of unpaid spending taking this country into massive national debt...... and now u r blaming obama for being "fiscally liberal".....
this world would stop if it were for the ideologues..... "fiscally liberal" is just one idea which works during specific times, it doesn't work all the time...... but the situation obama inherited "fiscally liberal" was the need of the hour, otherwise we would all be in economic depression..... today people have the luxury of being an ideologues becoz this country is not in economic depression...... but wasn't it "fiscally conservative" republicans who led the country to the economic depression by spending their way to verge of collapse..... y blame obama for being "fiscally liberal"?
@ social issues, he has so much on his plate & his focus is economy...... but he has shown leadership on gitmo, don't ask don't tell, stem cell research etc..... in his first two years....... don't hang by his neck....... give this guy a chance......
after 2 years of bush presidency... if people would say anything about bush.... they were branded as unpatriotic...... now with 100 times worst situation at hand.... u'll not give this guy a chance but rather throw dirt all over.......
I expected Obama to be another FDR, but I now feel he is very far from being FDR.
FDR had 8 years & over 55 years after his presidency to make his impression today..... u r judging obama with his first 2 years of his presidency....... where is fairness here?
previous administration created this situation where the economic cycle had literally stopped..... people were not spending money, banks were not giving loan, companies were not expanding/hiring, companies were laying off causing unemployment..... in such times economy needs fusion of cash so that there is enough money in rotation for the economy to continue before customers return and the economic cycle is back on track...... bush (as seen in the video), McCain or any other person would have done the exact same thing becoz there is no other way...... the only other option of not doing anything would have ended up with the country in economic depression....... then u would have blame obama for creating economic depression......
lets talk @ "fiscally liberal"..... darling of the right wing, george bush.... started two wars..... spending over 2 trillion dollars, gave 1.4 trillion dollar tax-cuts to the top 1% who are rich..... this is around $3.5 trillion dollars of unpaid spending taking this country into massive national debt...... and now u r blaming obama for being "fiscally liberal".....
this world would stop if it were for the ideologues..... "fiscally liberal" is just one idea which works during specific times, it doesn't work all the time...... but the situation obama inherited "fiscally liberal" was the need of the hour, otherwise we would all be in economic depression..... today people have the luxury of being an ideologues becoz this country is not in economic depression...... but wasn't it "fiscally conservative" republicans who led the country to the economic depression by spending their way to verge of collapse..... y blame obama for being "fiscally liberal"?
@ social issues, he has so much on his plate & his focus is economy...... but he has shown leadership on gitmo, don't ask don't tell, stem cell research etc..... in his first two years....... don't hang by his neck....... give this guy a chance......
after 2 years of bush presidency... if people would say anything about bush.... they were branded as unpatriotic...... now with 100 times worst situation at hand.... u'll not give this guy a chance but rather throw dirt all over.......
more...
house Japan Tsunami and Earthquake
jthomas
04-02 04:29 PM
Thanks for your answers
tattoo Japan#39;s main island of Honshu
EndlessWait
05-30 03:29 PM
It's because you, me, or any temporary legal immigrant will go back home if some law changes, and new batch of H1 B people will come in to fulfill industry requirement, but for illegal, route from South America is a one way street to USA and no going back. Plus, if temporary legal immigrants leave, US Govt. got to keep all our social security, retirement saving etc. if you think from their angle (US govt.), I guess for them, it makes more sense to legalize illegal (so at-least govt. can get some share of money from their taxes) because no matter what govt. do, illegal are never going to go back.
After one has been here for 10 yrs. , does US have any Internation tax treaty with INDIA to give back social secuirty benefits or return the taxes back, if one goes back.
I dont care about GC, Indian govt. must get our social security taxes back. This is a legitimate concern atleast. I guess Indian govt. can take this issue up for sure.
After one has been here for 10 yrs. , does US have any Internation tax treaty with INDIA to give back social secuirty benefits or return the taxes back, if one goes back.
I dont care about GC, Indian govt. must get our social security taxes back. This is a legitimate concern atleast. I guess Indian govt. can take this issue up for sure.
more...
pictures Tsunami Hits Japan After 8.9
mgos
07-14 08:18 PM
The you in Michael Moore's letter I copied within quotes refers to CNN!
dresses Japan tsunami and earthquake
laborchic
06-18 01:30 PM
Seems like there are few doctors around downtown NYC Jacob Javits Federal Immigration Building. Rates are reasonable as well.. Has anyone been to any of these places??
more...
makeup Japan earthquake and tsunami:
gcdreamer05
09-22 12:50 PM
GOOD NEWS
09/23/2008
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
http://judiciary.house.gov/hearings/calendar.html
great info man, our hopes are now back again !!!!!!!!!!!!!!!!!!!!!!
09/23/2008
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
http://judiciary.house.gov/hearings/calendar.html
great info man, our hopes are now back again !!!!!!!!!!!!!!!!!!!!!!
girlfriend the tsunami and earthquake
rock945
10-03 10:34 AM
you might also need a copy of your approved Labour application.
I am not sure if you can get the documents directly from the UCIS becuase the documents belong to your employer and not you.
you can try through Freedom of Information Act(foia.com). but it might take a while to get the documents.
I am not sure if you can get the documents directly from the UCIS becuase the documents belong to your employer and not you.
you can try through Freedom of Information Act(foia.com). but it might take a while to get the documents.
hairstyles Ontario visiting Japan are
Ramba
01-10 06:27 PM
If he stayed for 180 days and used AC21 then AC21 WILL protect this person
Not exactly. That person has more leverage, even if he/she does not worked 180 days after filing 485. How? If that first guy worked considerable period of time with that employer in H1B status, and if that guy was working with that employer when that (fradulant?) employer filed LC and 140, he has a strong intent to work for that employer. In no court employer can win. Even if that guy left with in 2 months after 485 filing date, he is so safe.
Read the recent AC21 memo. It clarly says one can leave the sponsering employer before 6 months of 485 pending, if the intent is strong in both parties at the time of filing 485. The AC21 rule is that, a if 485 is not adjudicated in 180 days, it is a valid one for a new job which is similar to the orginal one. That does not mean that one has to wait atleast 6 months to change the job.
Here is the part of memo
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Not exactly. That person has more leverage, even if he/she does not worked 180 days after filing 485. How? If that first guy worked considerable period of time with that employer in H1B status, and if that guy was working with that employer when that (fradulant?) employer filed LC and 140, he has a strong intent to work for that employer. In no court employer can win. Even if that guy left with in 2 months after 485 filing date, he is so safe.
Read the recent AC21 memo. It clarly says one can leave the sponsering employer before 6 months of 485 pending, if the intent is strong in both parties at the time of filing 485. The AC21 rule is that, a if 485 is not adjudicated in 180 days, it is a valid one for a new job which is similar to the orginal one. That does not mean that one has to wait atleast 6 months to change the job.
Here is the part of memo
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
thomachan72
03-01 12:56 PM
Ask your parents (anyone of them) to visit the registrar at the municipal office of your home town. The registrar will issue the birth certificate once your parents submit an affidavit to the office. Hope this helps.
nmdial I dont think the registrar will issue a birth certificate based on affidavit from the parents.
Usually for people who dont have birth registered at birth or hospital records we have to obtain a non-availibility certificate from the local authority. Along with this certificate we submit a notarized affidavit signed by one/both the parents. Now we have learnt that this affidavit has to be signed in the presence of the registrar. Hopefully that should be ok then.
nmdial I dont think the registrar will issue a birth certificate based on affidavit from the parents.
Usually for people who dont have birth registered at birth or hospital records we have to obtain a non-availibility certificate from the local authority. Along with this certificate we submit a notarized affidavit signed by one/both the parents. Now we have learnt that this affidavit has to be signed in the presence of the registrar. Hopefully that should be ok then.
nogc_noproblem
05-12 01:57 PM
No, it is wrong, as you can see from the link, this is the correct address effetive July 30, 2007.
What I understood from my lawyer is to send the renewal documents to address at the bottom of I-485 notice. I may have understood wrong.
Regards
GCCovet.
What I understood from my lawyer is to send the renewal documents to address at the bottom of I-485 notice. I may have understood wrong.
Regards
GCCovet.
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