anilkumar0902
09-18 12:06 PM
EB-2 , PD: Oct 2005, Filed at Nebraska, I-485 Received Date: 07/31/07, Notice Date: 09/05/07. Section: Unknown for me and my wife.
Last week, called up USCIS and mentioned about my case. The person who took the call, said nothing can be done and that i need to wait for the application to be processed.
I called up today again and spoke with a different lady and she patiently listened to the details and placed a Service Request to USCIS about the details. She wanted me to call back in 45 days if nobody contacts me about the same.
But, looks like many folks who applied in NSC, are facing this issue of "Section: Unknown"...Not sure, if we need to be worried or not. But hope everything works out well at the end.
Last week, called up USCIS and mentioned about my case. The person who took the call, said nothing can be done and that i need to wait for the application to be processed.
I called up today again and spoke with a different lady and she patiently listened to the details and placed a Service Request to USCIS about the details. She wanted me to call back in 45 days if nobody contacts me about the same.
But, looks like many folks who applied in NSC, are facing this issue of "Section: Unknown"...Not sure, if we need to be worried or not. But hope everything works out well at the end.
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gc_chahiye
10-05 05:08 PM
If it is certain that he/she is not eligible for EB2, why should apply in EB2 and get denied. It is better to apply in EB3 to get it approved. The best option is apply in EB3 now. After few years (once he got 5 year exp), apply new LC and 140 with EB2 and transfer the PD. That will be the wise decision. In the current situation, it is funny to talk about EB2 and EB3 for a persion with PD 2007, particularly Indian orgin.
I agree with Ramba here. Go with EB3 now and get the I-140 approval so you can lock in the PD. After a few years can apply again in EB2 (through this, or some other employer) and port the PD over. Best of both worlds.
I agree with Ramba here. Go with EB3 now and get the I-140 approval so you can lock in the PD. After a few years can apply again in EB2 (through this, or some other employer) and port the PD over. Best of both worlds.
kandhu
08-14 05:34 PM
Congrats Wandmaker!
Hope you will continue to Visit IV and help the community with your vast immigration knowledge.
Hope you will continue to Visit IV and help the community with your vast immigration knowledge.
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vjkypally
08-06 12:17 PM
Where you moved from NSC to TSC or did you file at TSC?
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AB1275
12-12 01:01 PM
No I am not......the lawyer said we reapply either with the prevailing rate of EB2 or EB3.
I spoke to another lawyer and she said as my 5th year end in the first week of Feb 09, I dont have much choice.......file another PERM immediately and concurrently find another company that has existing ads.
To add to all this, I just came to know my company wants to transfer the file to another lawyer! I dont know if thats a good idea!
I spoke to another lawyer and she said as my 5th year end in the first week of Feb 09, I dont have much choice.......file another PERM immediately and concurrently find another company that has existing ads.
To add to all this, I just came to know my company wants to transfer the file to another lawyer! I dont know if thats a good idea!
sintax321
09-04 03:32 PM
You are right that picture explains everything=)
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EB3_SEP04
07-01 07:37 PM
Hi All,
I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.
Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.
Preferred Vendor X > the Client C
Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.
Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.
Preferred Vendor X > the Client C
Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?
Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.
Can he do so? - Theoratically yes, practically: highly unlikely.
if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
- a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
-many consulting companies do not pay salary while the guy is on "bench"
- they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences
- a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?
In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.
bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.
Good luck buddy!
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thomachan72
09-08 01:19 PM
Both Shaktisagar and Greyhair make very valid points. Which side wins the argument well only time will tell. Nothing works the way it ideally should. The world is evolving and this recession and all this policies are all part of the evolution. People have started rethinking the value of having money versus true peace/hapiness slowly. In the US the disparity was partly hidden by the "plastic". Everybody was given a plastic and everybody could buy and live the "dream". Well that has just about ended to some extent. The problem is that, it is just about begining in Indian/china/brazil and russia.
What brings real peace/hapiness? Once 3rd world citizens (like Indians) get over the issue of "am I better than my neighbour?" India will progress towards its real goal very fast. The real goal being true peace and hapiness rather than the pseudo/fancy/fantasy/unreal/materialistic world that is propagated by the media.
If only we all had easy access to our inner ability for tremendous patience to tide over this process of evolution.......But it lies beyond our reach while we lie rolling in the misery created by our thoughts and desires.........
What brings real peace/hapiness? Once 3rd world citizens (like Indians) get over the issue of "am I better than my neighbour?" India will progress towards its real goal very fast. The real goal being true peace and hapiness rather than the pseudo/fancy/fantasy/unreal/materialistic world that is propagated by the media.
If only we all had easy access to our inner ability for tremendous patience to tide over this process of evolution.......But it lies beyond our reach while we lie rolling in the misery created by our thoughts and desires.........
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aviko21
10-06 01:31 AM
nah i did call my lawyer who told me that i will recieve the AP and to fax him a copy for his files when i eventually do get it!
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Dhundhun
03-19 12:11 AM
I am also thinking on same line. I requested lawyer to provide me details.
Hi guys,
My wife doesnt have SSN yet. We both have our 485's pending. I have my SSN.
To get the Economic stimulus amount, we both have to file taxes with our SSNs. Since we dont her SSN, we cannot file before APR 17th.
So,
I am going to apply for a tax filing extension (which gives me 6 mths)
Simultaneously, I am going to apply for her EAD
Hopefully EAD takes 4 mths
Then I will apply for SSN
and then file our taxes with both our SSNs
hopefully, we get our economic stimulus after that.
Does this sound reasonable? or is there any other way I can do this?
Thanks.
Good luck to everybody.
Hi guys,
My wife doesnt have SSN yet. We both have our 485's pending. I have my SSN.
To get the Economic stimulus amount, we both have to file taxes with our SSNs. Since we dont her SSN, we cannot file before APR 17th.
So,
I am going to apply for a tax filing extension (which gives me 6 mths)
Simultaneously, I am going to apply for her EAD
Hopefully EAD takes 4 mths
Then I will apply for SSN
and then file our taxes with both our SSNs
hopefully, we get our economic stimulus after that.
Does this sound reasonable? or is there any other way I can do this?
Thanks.
Good luck to everybody.
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reddymjm
03-11 01:02 PM
I just emailed mine to info@immigrationvoice.org.
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ghost
02-07 10:54 AM
Thanks for the update !
I am watching this... looks pretty interesting :)
and by this time all of you must have heard that Sen. Schumer is reaching out to Sen. Graham and Sen. Murkowski and other stakeholders to revive the legislation....please support IV lobbying plan in the first week of April by your presence or contribution or spreading the word! These things don't happen out of the blue - there is a strategy and methodical approach to everything IV does!
I am watching this... looks pretty interesting :)
and by this time all of you must have heard that Sen. Schumer is reaching out to Sen. Graham and Sen. Murkowski and other stakeholders to revive the legislation....please support IV lobbying plan in the first week of April by your presence or contribution or spreading the word! These things don't happen out of the blue - there is a strategy and methodical approach to everything IV does!
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go_guy123
09-10 03:36 PM
If person is working for same company after MS then he/she cannot use experience for GC for same company. One of my friend got GC who was working for same company since he graduated and got GC under EB2. He had 4 years of exp after MS when he applied but could not show
Its not a major issue since MS itself is viewed as 5 years of experience. The question is whether the company and DOL is willing to accept business necessity clause for Masters/5 years experience. By default most occupation fall into Job Zone 4 (EB3) unless shown business necessity and proved during an Audit.
Doctors, Lawyers etc fall into Job Zone 5 (EB2)
Its not a major issue since MS itself is viewed as 5 years of experience. The question is whether the company and DOL is willing to accept business necessity clause for Masters/5 years experience. By default most occupation fall into Job Zone 4 (EB3) unless shown business necessity and proved during an Audit.
Doctors, Lawyers etc fall into Job Zone 5 (EB2)
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krustycat
03-11 09:12 AM
Anyone Know How To Start New Thread?
Use New Thread button
http://immigrationvoice.org/forum/newthread.php?do=newthread&f=5
But if you need to change employer you might open your new thread in this forum: AC21 Portability after 180 days of 485 filing.
How does USCIS know about salary ?
They have your previous W-2, taxes or paystubs from your previous applications and extensions (such as H1, Perm, I-140) and they'll ask for your W-2 or tax return if your application is non-concurrent and your I-140 was approved at least one year before. Otherwise they'll ask for your company's tax return or financial statements to check their ability to pay.
485 non-concurrent check list:
1. copy of all of the pages of the Passport (valid for 6 months or longer);
2. Copy of recent I-94, Arrival/Departure Record, front and back side;
3. Copy of all Approval Notices (i.e., H-1, H-4, L-1, L-2 and etc�) from first entry to the U.S. ;
4. Copy of I-20 (s), student visa, if applicable;
5. Copy of Employment Authorization Document (i.e., from practical training while on F-1 status), if applicable;
6. Birth Certificate or One affidavit and School Leaving Certification along with a Non-Availability Certificate or Two Affidavits of Birth along with a Non-Availability Certificate;
7. Petitioner, U.S. Citizen�s Income Tax returns along with W-2�s for the period after I-140 was approved;
8. Alien beneficiary�s Income Tax returns along with W-2�s for the period after I-140 was approved;
9. Medical Examination including immunizations in a sealed envelope;
10. Birth Certificate from each applicant (original language and translated if language is different than english), additional to item 6 for dependents, if applicable;
11. Marriage Certificate (original language and translated if language is different than english), if applicable;
12. Divorce Certificate (original language and translated if language is different than english), if applicable; and
13. Photographs (4) from each applicant
IRS also send the w2 information to USCIS? No.
whats the criteria of judging the salary? Is it w-2 or pay stub ?
Either way that fit best for you should be OK, but usually is W-2 or/and tax return. You can attach a note stating if you used personal leave or sick leave. I don't know if that's useful. I think that in some situations less documents you send, less questions they'll ask. Anyway, they'll issue a RFE if they want something more from you.
The fact is that they don't judge your salary, they just judge your company's ability to pay you in a future employment. They have to prove that ability before approve your GC. If you are currently getting paid as much as the proposed salary, you should be fine.
Use New Thread button
http://immigrationvoice.org/forum/newthread.php?do=newthread&f=5
But if you need to change employer you might open your new thread in this forum: AC21 Portability after 180 days of 485 filing.
How does USCIS know about salary ?
They have your previous W-2, taxes or paystubs from your previous applications and extensions (such as H1, Perm, I-140) and they'll ask for your W-2 or tax return if your application is non-concurrent and your I-140 was approved at least one year before. Otherwise they'll ask for your company's tax return or financial statements to check their ability to pay.
485 non-concurrent check list:
1. copy of all of the pages of the Passport (valid for 6 months or longer);
2. Copy of recent I-94, Arrival/Departure Record, front and back side;
3. Copy of all Approval Notices (i.e., H-1, H-4, L-1, L-2 and etc�) from first entry to the U.S. ;
4. Copy of I-20 (s), student visa, if applicable;
5. Copy of Employment Authorization Document (i.e., from practical training while on F-1 status), if applicable;
6. Birth Certificate or One affidavit and School Leaving Certification along with a Non-Availability Certificate or Two Affidavits of Birth along with a Non-Availability Certificate;
7. Petitioner, U.S. Citizen�s Income Tax returns along with W-2�s for the period after I-140 was approved;
8. Alien beneficiary�s Income Tax returns along with W-2�s for the period after I-140 was approved;
9. Medical Examination including immunizations in a sealed envelope;
10. Birth Certificate from each applicant (original language and translated if language is different than english), additional to item 6 for dependents, if applicable;
11. Marriage Certificate (original language and translated if language is different than english), if applicable;
12. Divorce Certificate (original language and translated if language is different than english), if applicable; and
13. Photographs (4) from each applicant
IRS also send the w2 information to USCIS? No.
whats the criteria of judging the salary? Is it w-2 or pay stub ?
Either way that fit best for you should be OK, but usually is W-2 or/and tax return. You can attach a note stating if you used personal leave or sick leave. I don't know if that's useful. I think that in some situations less documents you send, less questions they'll ask. Anyway, they'll issue a RFE if they want something more from you.
The fact is that they don't judge your salary, they just judge your company's ability to pay you in a future employment. They have to prove that ability before approve your GC. If you are currently getting paid as much as the proposed salary, you should be fine.
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kittu1991
03-18 04:54 PM
She can apply for EAD now and once she gets it she can apply for SSN.
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gcseeker2002
05-29 03:50 PM
I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?
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eldrick
08-16 02:12 PM
Thank you guys.
What is bothering me is that they told us the Wrong Information PLUS lawyer was just asking for filling fees(which is 745) during the time of signature but now Company is charging even for legal fees.
I believe they want to earn extra money from us. What should we do now about this wrong info?
You think we have no choice here but to pay?
I'm sorry and thanks for your help.
What is bothering me is that they told us the Wrong Information PLUS lawyer was just asking for filling fees(which is 745) during the time of signature but now Company is charging even for legal fees.
I believe they want to earn extra money from us. What should we do now about this wrong info?
You think we have no choice here but to pay?
I'm sorry and thanks for your help.
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aprajimmi
06-13 09:56 AM
Guys,Please do something for priority dates to be current.We are despirately waiting from 4years to file I-485...EAD...I-140 is approved long back.Atleast in this summer we are hoping......
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RayP
12-11 02:31 AM
wow !! Good... so you too applied after your EAD had expired... and you continued to work on H1. That gives me a good feeling... thanks. Can you share your situation a little more (or I can give my email seperately). I was also wanting to know if you ae aware whether EAD can be applied from outside the US, just in case I had to do that...
cagedcactus
11-06 07:21 AM
My Mother in law flew with them, and her experience was good.
How old are your folks? Sometimes, this may sound a bit cheesy, but getting wheelchair always helps. What that does is, it guarantees your folks will be at the correct gates, at right times.
I got her a wheelchair, and she had a smooth transition.....
hope that helps...
How old are your folks? Sometimes, this may sound a bit cheesy, but getting wheelchair always helps. What that does is, it guarantees your folks will be at the correct gates, at right times.
I got her a wheelchair, and she had a smooth transition.....
hope that helps...
monikainusa
03-22 09:14 AM
the notice says:
based on the document you have submitted to us and the information elicited in your interview with an american consuller officer we are not able to issue
you an h-4 temporary visa because :
the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with
a appropriate laws and regulations
I have provided all the documents including client letter.please advise.. also does it revoke my husband's H1B visa ?
based on the document you have submitted to us and the information elicited in your interview with an american consuller officer we are not able to issue
you an h-4 temporary visa because :
the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with
a appropriate laws and regulations
I have provided all the documents including client letter.please advise.. also does it revoke my husband's H1B visa ?
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