wandmaker
02-18 07:01 PM
Child born abroad to Lawful Permanent Resident (LPR) may be boarded if child was born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth and the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent.
Link for the document (http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/carrier_info_guide/carrier_info_guide.ctt/carrier_info_guide.pdf)
_______________________
Not a legal advice.
US citizen of Indian origin
Kudos to desi3933!
rajesh1972 - You should ask your wife to consider giving birth child in US land, who knows your baby may be a next president.
Link for the document (http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/carrier_info_guide/carrier_info_guide.ctt/carrier_info_guide.pdf)
_______________________
Not a legal advice.
US citizen of Indian origin
Kudos to desi3933!
rajesh1972 - You should ask your wife to consider giving birth child in US land, who knows your baby may be a next president.
wallpaper Sunburst Maple Fender
maverick_joe
05-05 10:07 AM
I totally agree, but as if there isnt a backlog at I-140 right now!! its been more than an year since I filed my I-140 ..I see a couple of LUDs but no approval in sight!
Does anyone else have the same story? I-140 pending for 12+ months now(transfered from NSC to TSC last month).
Years before, the back log was at Labor Stage, then when PERM Labor came into existance, the back log was at 485 stage, now with non-concurrent filing I think the I 140 will get backlogged.
Does anyone else have the same story? I-140 pending for 12+ months now(transfered from NSC to TSC last month).
Years before, the back log was at Labor Stage, then when PERM Labor came into existance, the back log was at 485 stage, now with non-concurrent filing I think the I 140 will get backlogged.
redcard
08-23 11:21 AM
People who did BSc and BA...have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..
Is there any use in comming here as a student?? anymore..
Stop crying.. no one forced you to come here to study.. you came by choice like the other people who came here to work on H1... you decided to stay here for working, again no one forced you ... you decided to apply for GC again no one forced you... you decided to join a good company who would not substitute a labor .. again no once forced you... you had options like all the other people who came here on BS or whatever degree.. maybe you made the wrong move when it came to GC and the other people made a smarter move.. so don't cry on that.. if you wish to cry .. cry for the labor substitution rule.. it will help
Is there any use in comming here as a student?? anymore..
Stop crying.. no one forced you to come here to study.. you came by choice like the other people who came here to work on H1... you decided to stay here for working, again no one forced you ... you decided to apply for GC again no one forced you... you decided to join a good company who would not substitute a labor .. again no once forced you... you had options like all the other people who came here on BS or whatever degree.. maybe you made the wrong move when it came to GC and the other people made a smarter move.. so don't cry on that.. if you wish to cry .. cry for the labor substitution rule.. it will help
2011 2007 Fender Stratocaster
Norristown
04-13 02:12 PM
I was in this situation few years back. I was on bench for 8 months (not paid). I chose not to reply to the DOL letter. I feared that accepting that I was on bench for 8 months will make you out of status.
Every time you go for H1 revalidation, you will be asked were you out of status any time.
Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.
Every time you go for H1 revalidation, you will be asked were you out of status any time.
Later I have done 3 H1 revalidations (Canada), no problems. If sending reply is not mandatory then keep quiet. Six months later my employer filed for bankruptcy.
more...
rajeshalex
12-10 02:18 PM
Check with the new company whether they can give an Employment verification letter which matches the roles mentioned in ur labor?
Designation and pay doesnt matter.
What matters is a permanenet job offer letter and duties should match the
labor.
Rajesh Alex
Designation and pay doesnt matter.
What matters is a permanenet job offer letter and duties should match the
labor.
Rajesh Alex
GCwaitforever
02-27 03:46 PM
I will offer a different perspective. There are IT packages for every application nowadays. If you have expertize in your own field (Bio Engineering or Finance for example), try to think of unmet needs in your functional expertize areas and come up with a software product. That will be the best use of your knowledge. And do not forget IV, when your product becomes a big hit and you become a millionaire.;)
more...
vik352
12-03 01:51 PM
Anyone?
2010 Standard Stratocaster®, Maple
eatpavbhaji
04-22 02:20 PM
I lost my major young life on green card (around 9 years) and I can just am pray that my labor will be used only for myself and not others.
LABOR SUBSTITUTION SHOULD BE ELIMINTED RIGHT AWAY.
ALL OF THEM WHO USED OTHER'S LABOR SHOULD BE INVESTIGATED COMPLETELY AND SHOULD BE GIVEN VISA NUMBERS LAST.
LABOR SHOULD BE ALLOWED TO CONTINUE FROM COMPANY TO COMPANY OTHERWISE COMPANY CAN PURPOSEFULLY FIRE EMPLOYEE TO GIVE OR SELL LABOR TO OTHERS.
Below comments have gone to comments for elimination of labor substitution.
TOP 10 reason to support rule to eliminate labor substitution.
1> So many years, labor applications were misused completely. Many Companies were filing fake labor and were using for anyone elsewith lower educated, lower experience people who wanted GC within 6 months instead of normal 4 to 6 years. It is like stealing someone's pocket.
2> One was waiting for years hoping his labor will get approved and after his labor was approved, company used for another person demonstrating complete exploitation of system.
3> Many company started selling labor applications as key business
4> Many companies were giving too less salary indicating that if employee joins with minimum salary and if they sign 6 years of bond then company will use USA's approved labor for anyone.
5> Most of the companies started asking money from employee. So if employee is saving $6000 per year, they have to work for free for entire year if they want GC.
6> Why one need to substitute labor when they can file new labor for new person anyway.
7> Companies started threatening employees that if employee don't do what they say, they will use his/her labor for other and he will loose all 2 or 3 years of labor approval. Why not...it was legal to take labor back and use it like playing cards!!
8> Everyone knew that they can buy approved labor and get their GC in few months and original owner will loose years.
9> Who is going to audit whos labor was used how ? Nobody in past from government asked or audited as how come one's GC came so fast and others with better capabilities/education took 5 times. Nobody in past from government asked or audited as if employee was important then why company never filed labor for him and all of sudden used pre-approved labor to have that employee.
10> Companies used to stock labor applications like grocery (actually like
gold...can buy/sell anytime !)...after all labor application is cheap and shortcut to save 2 to 3 years and sell in blackmarket.
LABOR SUBSTITUTION SHOULD BE ELIMINTED RIGHT AWAY.
ALL OF THEM WHO USED OTHER'S LABOR SHOULD BE INVESTIGATED COMPLETELY AND SHOULD BE GIVEN VISA NUMBERS LAST.
LABOR SHOULD BE ALLOWED TO CONTINUE FROM COMPANY TO COMPANY OTHERWISE COMPANY CAN PURPOSEFULLY FIRE EMPLOYEE TO GIVE OR SELL LABOR TO OTHERS.
Below comments have gone to comments for elimination of labor substitution.
TOP 10 reason to support rule to eliminate labor substitution.
1> So many years, labor applications were misused completely. Many Companies were filing fake labor and were using for anyone elsewith lower educated, lower experience people who wanted GC within 6 months instead of normal 4 to 6 years. It is like stealing someone's pocket.
2> One was waiting for years hoping his labor will get approved and after his labor was approved, company used for another person demonstrating complete exploitation of system.
3> Many company started selling labor applications as key business
4> Many companies were giving too less salary indicating that if employee joins with minimum salary and if they sign 6 years of bond then company will use USA's approved labor for anyone.
5> Most of the companies started asking money from employee. So if employee is saving $6000 per year, they have to work for free for entire year if they want GC.
6> Why one need to substitute labor when they can file new labor for new person anyway.
7> Companies started threatening employees that if employee don't do what they say, they will use his/her labor for other and he will loose all 2 or 3 years of labor approval. Why not...it was legal to take labor back and use it like playing cards!!
8> Everyone knew that they can buy approved labor and get their GC in few months and original owner will loose years.
9> Who is going to audit whos labor was used how ? Nobody in past from government asked or audited as how come one's GC came so fast and others with better capabilities/education took 5 times. Nobody in past from government asked or audited as if employee was important then why company never filed labor for him and all of sudden used pre-approved labor to have that employee.
10> Companies used to stock labor applications like grocery (actually like
gold...can buy/sell anytime !)...after all labor application is cheap and shortcut to save 2 to 3 years and sell in blackmarket.
more...
parablergh
08-12 08:36 PM
Hi, thanks
Point 2 looks doable..
Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1
It is possible to set the start date further out i.e. 6 weeks. This would just need to be indicated in the underlying LCA and form I-129.
If there is no urgent need for your family to travel to the U.S., I would recommend avoiding the possible hassle involved in having them show up and then rush to file a COS solely on their behalf. Keep in mind that a COS filed for dependents without being filed for the beneficiary (you) cannot be premium processed. Typically these petitions take anywhere from 2-5 months.
If you file for a COS on your own behalf, you can provide your family with a copy of the petition and approval notice establishing that you have received approval for H-1B status. They can then apply at a U.S. Consulate abroad to obtain visa stamps to enter the U.S. Generally people do not run into problems with this as long as they can establish therelationship to the beneficiary (marriage certificate for spouse and birth certificates for children).
If you have any additional questions I would highly recommend speaking to the legal group/team handling your petition as they are the most qualified to deal with your specific issues. Advice solicited via forums can often lead to incorrect and confusing answers.
Point 2 looks doable..
Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1
It is possible to set the start date further out i.e. 6 weeks. This would just need to be indicated in the underlying LCA and form I-129.
If there is no urgent need for your family to travel to the U.S., I would recommend avoiding the possible hassle involved in having them show up and then rush to file a COS solely on their behalf. Keep in mind that a COS filed for dependents without being filed for the beneficiary (you) cannot be premium processed. Typically these petitions take anywhere from 2-5 months.
If you file for a COS on your own behalf, you can provide your family with a copy of the petition and approval notice establishing that you have received approval for H-1B status. They can then apply at a U.S. Consulate abroad to obtain visa stamps to enter the U.S. Generally people do not run into problems with this as long as they can establish therelationship to the beneficiary (marriage certificate for spouse and birth certificates for children).
If you have any additional questions I would highly recommend speaking to the legal group/team handling your petition as they are the most qualified to deal with your specific issues. Advice solicited via forums can often lead to incorrect and confusing answers.
hair Stratocaster Maple Neck 2
GC092003
04-13 12:50 PM
I have same concerned. I have been waiting for too long to get my GC procee done. I can't live with current employer any longer. I am waiting for 1-485 to be filled. My PD is sept 03. Do you guys have any feeling if we can file it before this summer (like July)? Another concern is based on current situation with USCIS, it is about 8 month wait for I-485 to be processed. As you mentioned, it might be longer waiting time for this process since many people who had waited, will be filing. Please give me your feeling of feasibility date. Thanx.
more...
sunny1000
02-09 03:00 AM
well i got marriage ceremony , not civil yet...because i didn't know since he have this problem in court. and he says that they would let him out once he's in jail.. the chance of he goes to jail is 50 50... if goes he will get about 18 months. will still can do my papers?
I am not an expert here but, can you not get a certificate from the church that you are married while you are waiting for the official certifcate? see below:
http://boards.immigrationportal.com/showthread.php?t=258893&highlight=marriage+certificate+church
You can also search the above site for answers. But, in the end, please consult a good attorney who is familiar with both immigration and criminal law.
I am not an expert here but, can you not get a certificate from the church that you are married while you are waiting for the official certifcate? see below:
http://boards.immigrationportal.com/showthread.php?t=258893&highlight=marriage+certificate+church
You can also search the above site for answers. But, in the end, please consult a good attorney who is familiar with both immigration and criminal law.
hot 1974 Fender Stratocaster - WOW
nkd970
10-06 09:56 PM
Are there any new updates? My case was filed in Jun 07, responded to the query in NOV 07, and it is still pending?
What the &*^% is going on? !!@$%ing DOL.
:mad:
Mine was filed by Fragomen in June and responded to audit in November as well. If your case was filed by Fragomen you have no option but the wait. Sorry to disappoint you, but I am in exactly the same situation.
What the &*^% is going on? !!@$%ing DOL.
:mad:
Mine was filed by Fragomen in June and responded to audit in November as well. If your case was filed by Fragomen you have no option but the wait. Sorry to disappoint you, but I am in exactly the same situation.
more...
house Sunburst Maple Fender
n2b
07-17 02:12 PM
can you please help me link the connection between my request and my contribution to IV? I fail to undersand your point!
given that u have just joined the group, let me say welcome aboard...
u made a wise decision to join this effort.. however regretfully I beg to defer , for you to be too quick to ask questions or updates and be more patient..
please aks yourself..what did u do for IV....what can u expect...
if u are a very active member and did contribute to IV, please accept my apologies
given that u have just joined the group, let me say welcome aboard...
u made a wise decision to join this effort.. however regretfully I beg to defer , for you to be too quick to ask questions or updates and be more patient..
please aks yourself..what did u do for IV....what can u expect...
if u are a very active member and did contribute to IV, please accept my apologies
tattoo 1979 Fender Stratocaster
eb3_nepa
04-13 08:41 PM
The following doc, 'How the senate bill becomes a law' does not mention any waiting period after President's sign the bill to become a law
http://www.senate.gov/reference/resources/pdf/legprocessflowchart.pdf
My point exactly.
So then maybe the wait is only the 3 months (90 days) that Sen Sessions wishes to impose, correct?
http://www.senate.gov/reference/resources/pdf/legprocessflowchart.pdf
My point exactly.
So then maybe the wait is only the 3 months (90 days) that Sen Sessions wishes to impose, correct?
more...
pictures FENDER STRATOCASTER 1979
SivaMayam
07-17 07:35 PM
Dear Nachi,
I was listening to Rajiv's recent/previous conference call recordins(mp3 foramat can be found on main page) in which he said some of his clients were in similar situations and did not have any issues.
http://www.immigration.com/improving_immigration/conference_calls.html
Please listen to one of those(recent 2 recordings) you will get some answer. Also consult with your lawyer if you filed through an attorney. Keep all the papers ready just in case you need to refile...
Good luck
~S
I was listening to Rajiv's recent/previous conference call recordins(mp3 foramat can be found on main page) in which he said some of his clients were in similar situations and did not have any issues.
http://www.immigration.com/improving_immigration/conference_calls.html
Please listen to one of those(recent 2 recordings) you will get some answer. Also consult with your lawyer if you filed through an attorney. Keep all the papers ready just in case you need to refile...
Good luck
~S
dresses sunburst, maple neck).
posmd
04-13 10:54 AM
Sessions ammendment was for the previous SJC bill, which is dead right? I thought the basis of future bills is the Hagel Martinez compromise. Rest assured if it is, then the numbersusa agent in the senate Sessions will put that obstacle as an ammendment again, and since Dems already agreed it in SJC, it will probably take hold.
If I recollect it was 3 months for a review of the impact, then 3 months after that for implementation.
I am getting a little nervous about the CIR though. Not in the sense that it will be done or it won't. I just feel the USCIS will screw up its implementation very badly, and might end up causing our potential 3 yr waits to turn into 5-10 yr waits along with all these law breakers. We are already seeing the effect of 245i cases right now and that is a fraction of this tidal wave of illegals wanting legalisation.
In that sense a breakdown of CIR with some other resolution for our problem with PACE or TALENT might not be such a bad idea. It is like the old addage, be careful what you wish for.........!
If I recollect it was 3 months for a review of the impact, then 3 months after that for implementation.
I am getting a little nervous about the CIR though. Not in the sense that it will be done or it won't. I just feel the USCIS will screw up its implementation very badly, and might end up causing our potential 3 yr waits to turn into 5-10 yr waits along with all these law breakers. We are already seeing the effect of 245i cases right now and that is a fraction of this tidal wave of illegals wanting legalisation.
In that sense a breakdown of CIR with some other resolution for our problem with PACE or TALENT might not be such a bad idea. It is like the old addage, be careful what you wish for.........!
more...
makeup Fender American Standard
poorslumdog
09-04 12:47 PM
did you pray for people who died in katrina? or for iraq war casualties?
You missed the sarcasm...
You missed the sarcasm...
girlfriend FENDER AMERICAN STANDARD
logiclife
08-03 07:23 PM
Hi logiclife,
I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.
Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.
No, I dont have any code or INA section for that. And I never said that just the job title and dates of employment will suffice. No, that wont suffice, coz that only shows what happened in the past. The employer letter is supposed to assure USCIS that the job offer is still valid and if USCIS gives you greencard then the employer is still offering employment which was the basis for filing greencard. The future component is a must. What happened in past and what happened so far (up until 485 filing) is irrelevant. Therefore just the title and dates of employment ARE NOT ENOUGH.
What is relevant is the job described in labor cert is still available to you IN FUTURE and whether employer is willing to say it on a letter to USCIS that "Hey, take care of this guy's 485 coz I still plan to hire him on XYZ position IN FUTURE ".
I am telling you from my own experience with what my lawyer had prepared for my HR to sign.
My employer's letter simply states that A) they will pay me X amount at the minimum (which is my current salary) and B) the job is still being offered as per job described in ETA 750 and I-140.
That covers everything. Labor cert has job description. 140 has other credentials. If a letter with 485 says that job offer is still valid a per job described in labor and 140, that covers everything.
I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.
Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.
No, I dont have any code or INA section for that. And I never said that just the job title and dates of employment will suffice. No, that wont suffice, coz that only shows what happened in the past. The employer letter is supposed to assure USCIS that the job offer is still valid and if USCIS gives you greencard then the employer is still offering employment which was the basis for filing greencard. The future component is a must. What happened in past and what happened so far (up until 485 filing) is irrelevant. Therefore just the title and dates of employment ARE NOT ENOUGH.
What is relevant is the job described in labor cert is still available to you IN FUTURE and whether employer is willing to say it on a letter to USCIS that "Hey, take care of this guy's 485 coz I still plan to hire him on XYZ position IN FUTURE ".
I am telling you from my own experience with what my lawyer had prepared for my HR to sign.
My employer's letter simply states that A) they will pay me X amount at the minimum (which is my current salary) and B) the job is still being offered as per job described in ETA 750 and I-140.
That covers everything. Labor cert has job description. 140 has other credentials. If a letter with 485 says that job offer is still valid a per job described in labor and 140, that covers everything.
hairstyles 1961 Stratocaster with 3 color
mbartosik
05-30 01:25 PM
I don't know if you can upgrade to premium processing, and I don't know if you are allowed to pay for premium rather than employer. But in your position I would try to do I140 premium processing.
swarnapuri
12-23 01:32 PM
Check the message by saturnring11 in this thread. He linked the USCIS document which states that PD is retained by the employee once the I-140 is approved unless I-140 is revoked for Fraud.
http://immigrationvoice.org/forum/showthread.php?t=2368
Here is the link that he posted :
Look on Page 27 of the USCIS Press Release
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
http://immigrationvoice.org/forum/showthread.php?t=2368
Here is the link that he posted :
Look on Page 27 of the USCIS Press Release
http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf
vphope
02-18 05:28 PM
Hi boston_guy147
Are there any OPT Electrical Engineer positions?
A friend is looking ..
Is there an email/ph to contact you?
Thanks
This is possibly a repeat/trivial question for the gurus here - but I am seeking latest upto date information. So here it goes..
I have been on H1B since Oct06 ( after OPT), working for the same company as Electrical Engineer in full time position. I haven't traveled to India ( or anywhere out of US) since Aug 2003 when I came here for my MS.
I am planning to travel to India this Dec and probably to UK in July. And so I planned to get my H1B stamped from Canada in May/June. But my company attorney has advised me that its better to go for stamping in India - as because of the Tech Alert List, there have been significant delays for some people.
I wanted to know if anybody has any real time experience. And what is the advise of the gurus - India or Canada?
Thanks a lot - your help is much appreciated!
Are there any OPT Electrical Engineer positions?
A friend is looking ..
Is there an email/ph to contact you?
Thanks
This is possibly a repeat/trivial question for the gurus here - but I am seeking latest upto date information. So here it goes..
I have been on H1B since Oct06 ( after OPT), working for the same company as Electrical Engineer in full time position. I haven't traveled to India ( or anywhere out of US) since Aug 2003 when I came here for my MS.
I am planning to travel to India this Dec and probably to UK in July. And so I planned to get my H1B stamped from Canada in May/June. But my company attorney has advised me that its better to go for stamping in India - as because of the Tech Alert List, there have been significant delays for some people.
I wanted to know if anybody has any real time experience. And what is the advise of the gurus - India or Canada?
Thanks a lot - your help is much appreciated!
No comments:
Post a Comment