desi3933
07-10 12:44 PM
.....
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.
Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?
Permanent means job that is for for a term of indefinite or unlimited duration.
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
.....
H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?
AC-21 is not just for changing GC employer.
AC-21 is for
1. H-1B portability - starting new H1-B immediately after filing opf new petition
2. Extension of H-1B beyond 6 years - if labor is pending > 365 days or I-140 is approved/pending. Since each H-1B petition is linked to LCA and LCA is for temp job, each H1 petition is a new or extension of temp job.
3. Changing of GC employer - Please note that you can change your GC employer even without changing job, just by getting job offer from new employer, as GC job is for job starting after I-485 approval.
Do not confuse existing H-1B job with future GC job.
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
6. Again, Permanent job is a job that is expected to last unknown term and is not defined for a period.
Can you point us to a USCIS/DOL resource to confirm that definition of "permanent "job?
Permanent means job that is for for a term of indefinite or unlimited duration.
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf
.....
H-1B job is not permanent since they have end date specified by LCA and H-1B visa petition.
If *no* H1B job is "permanent," as you say, then how can that job be permanent after filing PERM or I-140? Second, following your argument, if you're on H-1B and changed employers using AC21, the new job wouldn't be considered "permanent," right? Third, if H-1B job is not "permanent," then which one is?
AC-21 is not just for changing GC employer.
AC-21 is for
1. H-1B portability - starting new H1-B immediately after filing opf new petition
2. Extension of H-1B beyond 6 years - if labor is pending > 365 days or I-140 is approved/pending. Since each H-1B petition is linked to LCA and LCA is for temp job, each H1 petition is a new or extension of temp job.
3. Changing of GC employer - Please note that you can change your GC employer even without changing job, just by getting job offer from new employer, as GC job is for job starting after I-485 approval.
Do not confuse existing H-1B job with future GC job.
H-1B is linked to LCA (Temp Job) (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) Note: The link clearly says
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
On the other hand, I-140 is linked to Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm) (aka GC labor)
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vin13
07-16 06:25 PM
If u want to be fair, fight to remove country quota and not fight among EB categories
xu1
05-03 11:58 AM
thanks for responding...any contradicting/second opinions? What is the exemption towards - both filing for 485 and processing of 485 too, right? Isn't it an exemption from the EB quota?
Exemption of a qualified alien from the availability of visa numbers. So yes, you can file for 485 however unavailable EB2/3/1 visa numbers are.
And I agree with the previous poster that should this SKIL ever pass, it does not matter under which category your employer filed your LC, you are able to go ahead and file for AOS with a post-graduate US STEM degree.
Exemption of a qualified alien from the availability of visa numbers. So yes, you can file for 485 however unavailable EB2/3/1 visa numbers are.
And I agree with the previous poster that should this SKIL ever pass, it does not matter under which category your employer filed your LC, you are able to go ahead and file for AOS with a post-graduate US STEM degree.
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willigetagc
08-18 02:34 PM
The other day you spent the entire day answering every question(s) people had. I even told my wife that our good friend is going to take all our worries out pretty soon. EB2 will no longer going accept porting so we will go faster and then guess what you didn't even file the law suit yet....you let us down!!
I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.
This is weird... It does'nt look like you are joking, so are you are indirectly demanding and taunting a Mr anonymous to take some action?
action from which you will benefit directly and is also something which you feel strongly about but will not do anything by yourself? :eek:
I have a humble suggestion for you, please concentrate on your work and read some books on ethics and leave the GC processing to CIS.
This is weird... It does'nt look like you are joking, so are you are indirectly demanding and taunting a Mr anonymous to take some action?
action from which you will benefit directly and is also something which you feel strongly about but will not do anything by yourself? :eek:
more...
abq_gc
09-28 02:42 PM
This is what my lawyer says about EAD card.
"" If you want to use your EAD card, you should wait 180 days after the USCIS
received your I-485 application. You do not need to return to your sponsoring
employer if you use your EAD card after the 180 day waiting period. ""
Any comments ?
Thanks,
abqgc
"" If you want to use your EAD card, you should wait 180 days after the USCIS
received your I-485 application. You do not need to return to your sponsoring
employer if you use your EAD card after the 180 day waiting period. ""
Any comments ?
Thanks,
abqgc
Janisaris
09-14 10:57 AM
I called and talked to a level 2 officer and she could not find us in the system.
Filed on July 19th. 140 approved from NSC in June 2006. NSC is receipting August 2nd applications. Very frustrationg and I dont know how long it will take.
Filed on July 19th. 140 approved from NSC in June 2006. NSC is receipting August 2nd applications. Very frustrationg and I dont know how long it will take.
more...
deepak
09-10 08:12 PM
Hi,
There are several restrictions/constraints for many ppl for not being able to devote time/money for the general cause. Let's not fret about the reasons. While it would help for all ppl to join forces that should not distract the group that is doing something about the issues.
And ppl on the sidelines - pls don't be a passive professional critique. However valuable your comments and ideas are they are useless without acting upon it - they are just like seeds sown in a barren land. The good work of the forum will continue without your presence. With your involvement we all can reach the goal that much more faster.
My Labor certification is actually filed in the state of IL. But i am on an assignment in MD till Sep 2010 (after filing for relevant amendments).
It's ~5 hrs drive for me to Baltimore/Washington-DC. So, coming every week for a meeting is not practical. I am extremely eager to support OUR cause given the commuting constraints. I have already written to our congress man here to bring to his notice the struggles of wannabee immigrants.
So, where do i sign up?
Harikris, I hear you. People are in different situations. I was not mad about moving to this country and for a long time, I preferred travelling instead. Then I reached a point where I preferred to be with my family and thought it is best if we move here and we filed for our GC at the same time. If it does not work out, I am entirely content moving back. Heck, even if it does work out, I might move back.
I am not crazy enough for my GC to spend all my waking hours trolling forums and calling people names. It is just not worth it. I do donate, the same way that I donate to the local zoo and botanical garden. I give them money to run something so that I and others may benefit from it. The people who run it are passionate about it and do it for themselves and others.
If things work out, everyone will benefit, the people who worked, and those who didn't, the people who donated and those who didn't. When India fought for its freedom, people donated money and time. I am ready to bet that less than 1% joined in the strugle. There were people who worked for the british government and there were people who went on with their lives. Everyone got freedom, the people who worked got recognized and remembered. That is life.
The ones who are desperate need others to pitch in to create a critical mass in terms of both money and numbers. I think this realization needs to sink in and insulting people into getting donations out of them is probably not a strategy that will work very well.
These forums are an excellent rallying point and I think more people being helpful and polite will go a long way.
Of course, I say all this with my leathery skin waiting to be called a useless idiot who writes bullshit.
There are several restrictions/constraints for many ppl for not being able to devote time/money for the general cause. Let's not fret about the reasons. While it would help for all ppl to join forces that should not distract the group that is doing something about the issues.
And ppl on the sidelines - pls don't be a passive professional critique. However valuable your comments and ideas are they are useless without acting upon it - they are just like seeds sown in a barren land. The good work of the forum will continue without your presence. With your involvement we all can reach the goal that much more faster.
My Labor certification is actually filed in the state of IL. But i am on an assignment in MD till Sep 2010 (after filing for relevant amendments).
It's ~5 hrs drive for me to Baltimore/Washington-DC. So, coming every week for a meeting is not practical. I am extremely eager to support OUR cause given the commuting constraints. I have already written to our congress man here to bring to his notice the struggles of wannabee immigrants.
So, where do i sign up?
Harikris, I hear you. People are in different situations. I was not mad about moving to this country and for a long time, I preferred travelling instead. Then I reached a point where I preferred to be with my family and thought it is best if we move here and we filed for our GC at the same time. If it does not work out, I am entirely content moving back. Heck, even if it does work out, I might move back.
I am not crazy enough for my GC to spend all my waking hours trolling forums and calling people names. It is just not worth it. I do donate, the same way that I donate to the local zoo and botanical garden. I give them money to run something so that I and others may benefit from it. The people who run it are passionate about it and do it for themselves and others.
If things work out, everyone will benefit, the people who worked, and those who didn't, the people who donated and those who didn't. When India fought for its freedom, people donated money and time. I am ready to bet that less than 1% joined in the strugle. There were people who worked for the british government and there were people who went on with their lives. Everyone got freedom, the people who worked got recognized and remembered. That is life.
The ones who are desperate need others to pitch in to create a critical mass in terms of both money and numbers. I think this realization needs to sink in and insulting people into getting donations out of them is probably not a strategy that will work very well.
These forums are an excellent rallying point and I think more people being helpful and polite will go a long way.
Of course, I say all this with my leathery skin waiting to be called a useless idiot who writes bullshit.
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royus77
07-02 08:27 AM
I am starting this thread for the july filers to track right from fedex delivery to Receipt Number, EAD and APO .Let post the details.
more...
smitin_2000
09-09 07:19 PM
visa bulleting indicates what is going to happen to EB3-I for 2009-10 year, in next 3-4 months it will again become U, with date around Nov'01, and that's it, unless CIR get passed (don't know when........) with some urgently needed fix for EB category, it is hopeless atleast for EB3-I folks
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markandeyan
08-25 02:09 AM
My application reached NSC on 19th July for self/wife and my son and received the receipt notices (partial) today.
PD : Oct 2006
EB-2, India
I140 - filed on 9th Feb 2007 and pending at NSC
485/EAD/AP reached NSC on 19th July for all 3 of us together in the same envelop.
RD : 19th July 2007
ND : 16th Aug 2007
Self : not received EAD receipt yet
Wife: not received 485 receipt yet
Son : All 3 receipts received.
PD : Oct 2006
EB-2, India
I140 - filed on 9th Feb 2007 and pending at NSC
485/EAD/AP reached NSC on 19th July for all 3 of us together in the same envelop.
RD : 19th July 2007
ND : 16th Aug 2007
Self : not received EAD receipt yet
Wife: not received 485 receipt yet
Son : All 3 receipts received.
more...
map_boiler
08-12 12:56 PM
did you move within the same city, or was this an out of state move?
- if within the same city, you could possibly check with people living at your old address...who knows, they could be helpful. generally usps does not deliver uscis mail without your name on the mailbox; also there is no mail forwarding for such mails
- check with uscis to see if the card was already mailed out, or otherwise try to get their help in tracking it down (given their customer service though, this could be difficult)
- your attorney should also receive a copy of the approval notice, so check with him/her. uscis sends the card and welcome notice only to you, but they (afaik) generally send out a copy of the approval notice to the attorney as well.
- if unable to resolve this in 30-days, file I-90 (see below). again, check with attorney before doing anything.
- can also consider getting I-551 stamp from local uscis office
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
Filing Fee if you are filing because:
• You never received your Permanent Resident Card; or
• Your Permanent Resident Card was issued with incorrect information because of a USCIS administrative error;
Then there is no fee required. Please review the Where to File Instructions, below, if you are filing for these reasons. Total filing fee = $0
If you are filing because your card was never received
• If USCIS mailed you a Permanent Resident Card more than 30 days ago and you have not received it; and
• It has been returned to USCIS by the Post Office as undeliverable; and
• You have not moved from the address you provided to USCIS during the application or immigrant visa process that led to the creation of the card not received;
My husband called USCIS today to check if they have correct address on file and alas they had old address. When we moved after filing for I-485/EAD/AP, we changed the address in Oct and also after we received receipt notices in Jan. We received EAD/AP/Finger printing notices at the present address for all three of us and now they are saying they had old address on my husband's I485 only, great!!!
They were not sure where the card/welcome notice/approval notice were mailed, to my old address or the attorney. Will check with the attorney today, if not what is the procedure as the card will return back. Thanks in advance.
- if within the same city, you could possibly check with people living at your old address...who knows, they could be helpful. generally usps does not deliver uscis mail without your name on the mailbox; also there is no mail forwarding for such mails
- check with uscis to see if the card was already mailed out, or otherwise try to get their help in tracking it down (given their customer service though, this could be difficult)
- your attorney should also receive a copy of the approval notice, so check with him/her. uscis sends the card and welcome notice only to you, but they (afaik) generally send out a copy of the approval notice to the attorney as well.
- if unable to resolve this in 30-days, file I-90 (see below). again, check with attorney before doing anything.
- can also consider getting I-551 stamp from local uscis office
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b3f7ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
Filing Fee if you are filing because:
• You never received your Permanent Resident Card; or
• Your Permanent Resident Card was issued with incorrect information because of a USCIS administrative error;
Then there is no fee required. Please review the Where to File Instructions, below, if you are filing for these reasons. Total filing fee = $0
If you are filing because your card was never received
• If USCIS mailed you a Permanent Resident Card more than 30 days ago and you have not received it; and
• It has been returned to USCIS by the Post Office as undeliverable; and
• You have not moved from the address you provided to USCIS during the application or immigrant visa process that led to the creation of the card not received;
My husband called USCIS today to check if they have correct address on file and alas they had old address. When we moved after filing for I-485/EAD/AP, we changed the address in Oct and also after we received receipt notices in Jan. We received EAD/AP/Finger printing notices at the present address for all three of us and now they are saying they had old address on my husband's I485 only, great!!!
They were not sure where the card/welcome notice/approval notice were mailed, to my old address or the attorney. Will check with the attorney today, if not what is the procedure as the card will return back. Thanks in advance.
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svanb
12-18 06:51 PM
Hi,
All the posts above are good coping measures, and some are used to actually deal with depressive symptoms. However they have missed the MOST important one! You used the term clinical depression. Please if you truly feel that way seek help, and seek it now, talk to your doctor or to a councilor. Though I won't go into details, I am speaking from personal experience. Sometimes things build up so much that we slip into such a state where we go beyond sadness and frustration and move to true depression.
From a site on depression: Depression is a disorder that affects your thoughts, moods, feelings, behavior and even your physical health. People used to think it was "all in your head" and that if you really tried, you could "snap out of it" or just "get over it." But doctors now know that depression is not a weakness, and it's not something you can treat on your own. Depression is a medical disorder with a biological and chemical basis.
Sometimes a stressful life event triggers depression. Other times depression seems to occur spontaneously with no identifiable specific cause. Depression is much more than grieving or a bout of the blues.
Depression, true clinical depression, is nothing you can cure with a trip to somewhere else, or having people point out to you how much better you are off than this person or that one. I am linking one of many sites that are out there, please read it and if you really do have the symptoms do what it suggests. Or Google "Clinical Depression" (beware of sites trying to sell drugs, usually easy to tell as they tend to recommend their drug as the only solutions.):
http://www.mayoclinic.com/health/depression/DS00175
Never be afraid to ask for help! The state of uncertainty can eat away at all of us and undermine our self confidence.
To all that are here; May all our dreams come true, our green card and our futures! The positive supporting words you have offered are always a help and a light of hope.
All the posts above are good coping measures, and some are used to actually deal with depressive symptoms. However they have missed the MOST important one! You used the term clinical depression. Please if you truly feel that way seek help, and seek it now, talk to your doctor or to a councilor. Though I won't go into details, I am speaking from personal experience. Sometimes things build up so much that we slip into such a state where we go beyond sadness and frustration and move to true depression.
From a site on depression: Depression is a disorder that affects your thoughts, moods, feelings, behavior and even your physical health. People used to think it was "all in your head" and that if you really tried, you could "snap out of it" or just "get over it." But doctors now know that depression is not a weakness, and it's not something you can treat on your own. Depression is a medical disorder with a biological and chemical basis.
Sometimes a stressful life event triggers depression. Other times depression seems to occur spontaneously with no identifiable specific cause. Depression is much more than grieving or a bout of the blues.
Depression, true clinical depression, is nothing you can cure with a trip to somewhere else, or having people point out to you how much better you are off than this person or that one. I am linking one of many sites that are out there, please read it and if you really do have the symptoms do what it suggests. Or Google "Clinical Depression" (beware of sites trying to sell drugs, usually easy to tell as they tend to recommend their drug as the only solutions.):
http://www.mayoclinic.com/health/depression/DS00175
Never be afraid to ask for help! The state of uncertainty can eat away at all of us and undermine our self confidence.
To all that are here; May all our dreams come true, our green card and our futures! The positive supporting words you have offered are always a help and a light of hope.
more...
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bluesky1
10-08 01:20 PM
Getting really worried now! What happened to our packages? I asked my lawyer and he said all the applications filed together with mine have received receipts except mine? Is that normal? Did you guys ask your lawyer? Did the applications filed together with yours all get receipts?
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ruby
07-20 11:50 AM
I have a suggestion regarding this (just a thought). Maybe some DC members can provide contact to core IV, so that when these guys go to DC, they can stay with IV members than staying in hotels. This will save some of their personal money. We should donate our airlines miles (I know this was discussed earlier also).
more...
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kdprasad
08-13 07:55 PM
Thanks kdprasad - where your I140 was approved from
Nebraska SC
Nebraska SC
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hpandey
12-16 01:41 PM
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Believe me dude when I say that GC is not the real problem of being depressed. There are other so many kinds of problems in life which have no bearing on whether you have a GC or not . I personally have some of them and I wish they were gone . They are my priority and to me GC is just a vague distant dream .. if it comes true well and good or else life goes on.
Health, family and friends come above anything and if you have all these lined up good and well they beat having a GC :)
Get busy with anything that you can find .. maybe try making some friends and you will find "its a wonderful life !"
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Believe me dude when I say that GC is not the real problem of being depressed. There are other so many kinds of problems in life which have no bearing on whether you have a GC or not . I personally have some of them and I wish they were gone . They are my priority and to me GC is just a vague distant dream .. if it comes true well and good or else life goes on.
Health, family and friends come above anything and if you have all these lined up good and well they beat having a GC :)
Get busy with anything that you can find .. maybe try making some friends and you will find "its a wonderful life !"
more...
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Googler
07-07 08:31 PM
All officials have talked about processing 60k visas in a month to avoid visas going waste.
None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
So, why the mad rush to give out all visas by 06/30?? We all know why..
Well on that she will just pass the buck to USCIS -- that was their problem -- and USCIS is DHS' problem not DOS (her Dept).
None was honest enough to say the unused visas expire on 09/30 NOT 06/30.
So, why the mad rush to give out all visas by 06/30?? We all know why..
Well on that she will just pass the buck to USCIS -- that was their problem -- and USCIS is DHS' problem not DOS (her Dept).
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desi3933
07-10 04:54 PM
And, yes, *legally* speaking, if an employment is at-will, it can't be "permanent." That is, if an employer fires you (for performance or downturn) , you just can't sue him on the ground that you were promised a "permanent" job, can you?
You are wrong, again!. ;)
I said this before, Permanent job does not mean "forever", it simple means it has no fixed end date (i.e. indefinite duration). That said, most of the Permanent Jobs are, in fact, at will jobs.
.
You are wrong, again!. ;)
I said this before, Permanent job does not mean "forever", it simple means it has no fixed end date (i.e. indefinite duration). That said, most of the Permanent Jobs are, in fact, at will jobs.
.
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danielp78
06-15 09:06 AM
My lawyer sent the applications on June 1st and we have the receipts already. They cashed the checks by June 6th.
alias
08-18 01:45 PM
I don think this issue concerns you. So , with all due respect, please BACK OFF.
Nope, you are wrong. Anyting spoken in this website concerns every aspirant immigrant member. You need to get that straight!
Nope, you are wrong. Anyting spoken in this website concerns every aspirant immigrant member. You need to get that straight!
thepaew
12-17 01:31 PM
Like many others on these forums, I have given up significant opportunities because I believed mistakenly that the GC mess would be cleared up in 2-3 years. Sometimes that does lead to extreme frustration - My wife often jokes that when I do actually receive my GC, I will have lost a very convenient excuse that the lack of one is holding me back. :-)
To those who are starting down this path, I have this piece of unsolicited advice. If you feel that you are depressed and this is affecting your health and/or your family, it may be best to move on - the world is a big place, full of opportunity; opportunities that cannot be quantified by an O*NET job code. Enjoy everyday while you can - you only live once.
To those who are starting down this path, I have this piece of unsolicited advice. If you feel that you are depressed and this is affecting your health and/or your family, it may be best to move on - the world is a big place, full of opportunity; opportunities that cannot be quantified by an O*NET job code. Enjoy everyday while you can - you only live once.
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