lj_rr
09-01 12:31 PM
It will be good if someone can provide the exact steps.
Hi
I have my Labor and 140 approved. (140 approved in Jan 2009)
But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
So I am planning to request both of this by making FOIA request to DOL and USCIS.
I have done some ground work for that. Now here are my questions.
1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
Or are both of this employer�s petitions?
2) I have heard that after six month of 140 approvals it become employee petition.
How much true is that?
If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.
Hi
I have my Labor and 140 approved. (140 approved in Jan 2009)
But my employer is not ready to provide me with copy of my approved PERM labor and 140. Just like any other employer.
So I am planning to request both of this by making FOIA request to DOL and USCIS.
I have done some ground work for that. Now here are my questions.
1) If I haven�t applied for 485 yet will USCIS/DOL release this document to me?
Or are both of this employer�s petitions?
2) I have heard that after six month of 140 approvals it become employee petition.
How much true is that?
If anyone like me (who haven�t applied 485 yet) got their copy of labor and 140 through FOIA. Please share your experience.
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extra_mint
04-22 11:49 AM
I got the exact same RFE and I am with the same employer (though company name changed due to merger) since start. I got RFE last week only so I am working on the response
Based on my research the response should be
List of job duties (this should match with what was in your Labor) and if the title differs then you can give details that new titile has same job duties as the old job title
Also I checked this is pretty normal RFE (many people get it)
Check the link below
http://immigrationplus.blogspot.com/2006/07/i-485-rfe-employment-verification.html[/URL]
Sorry, the reason I meant strange was due to the nature of questions - different from the RFE's received currently by many of the IV members.
Sorry for the confusion. But please do help me if you have any inputs.
In my response to the RFE should I say that my job title in my LC/I-140 position as being my current position or the one in H1-B visa application?
Based on my research the response should be
List of job duties (this should match with what was in your Labor) and if the title differs then you can give details that new titile has same job duties as the old job title
Also I checked this is pretty normal RFE (many people get it)
Check the link below
http://immigrationplus.blogspot.com/2006/07/i-485-rfe-employment-verification.html[/URL]
Sorry, the reason I meant strange was due to the nature of questions - different from the RFE's received currently by many of the IV members.
Sorry for the confusion. But please do help me if you have any inputs.
In my response to the RFE should I say that my job title in my LC/I-140 position as being my current position or the one in H1-B visa application?
sam_hoosier
05-22 11:23 AM
plss do not rush with ur filing in june....pls file after june 10th so that cut off dates move foward in july VB.
;)
People will be filing their I-485, not their EAD. EAD is something one gets after the 1-485 application has been pending for 6 months :)
;)
People will be filing their I-485, not their EAD. EAD is something one gets after the 1-485 application has been pending for 6 months :)
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mambarg
07-27 12:45 PM
If NSC had put all applications from July 2nd to July 17th on hold.
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
Did they open and timestamp it ? for received date ??????
If they did not , then I may be lucky.
Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.
Do you guys think ? they might see this and enter it as received date ?
more...
forgerator
11-08 04:38 PM
You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:
Bachelors plus 6-8 yrs experience
or alternatively
Masters plus 4-6 yrs experience.
I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:
Bachelors plus 6-8 yrs experience
or alternatively
Masters plus 4-6 yrs experience.
I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o
srinivas_o
01-08 10:53 AM
Thank you for the quick response.
You said there are 3 copies of AP. But my lawyer sent me only 2 copies. Is that a problem???
I recently entered US on AP. At the POE, I gave ONLY my passport and AP(it was 3 copies stapled together). Thats all.
The IO gave me one copy and said "you can keep one for your reference" and took the other 2. Then escorted to another room, where more people were waiting, and I had to wait for about 10 minutes and an officer called my last name and handed me over, my passport along with one copy of AP with some stamp on it.
I am still on H1, also got my EAD. I-485 is pending. The other documents that I carried was, a letter from my company stating that I work for them, and all my H1 copies...but I never showed any of those documents.
edit: While I was standing in line to be called by the IO, the person(indian) in front of me who was being served by the IO, gave many documents, eventhough the IO was saying "I don't need them". This guy was pro-actively telling her that he is working for so-and-so company, took some papers and was giving it to her, and she said politely that its not required...he was also entering on AP cause I saw that guy in the room.
So, Please don't over do. just give only the document that is asked for.
You said there are 3 copies of AP. But my lawyer sent me only 2 copies. Is that a problem???
I recently entered US on AP. At the POE, I gave ONLY my passport and AP(it was 3 copies stapled together). Thats all.
The IO gave me one copy and said "you can keep one for your reference" and took the other 2. Then escorted to another room, where more people were waiting, and I had to wait for about 10 minutes and an officer called my last name and handed me over, my passport along with one copy of AP with some stamp on it.
I am still on H1, also got my EAD. I-485 is pending. The other documents that I carried was, a letter from my company stating that I work for them, and all my H1 copies...but I never showed any of those documents.
edit: While I was standing in line to be called by the IO, the person(indian) in front of me who was being served by the IO, gave many documents, eventhough the IO was saying "I don't need them". This guy was pro-actively telling her that he is working for so-and-so company, took some papers and was giving it to her, and she said politely that its not required...he was also entering on AP cause I saw that guy in the room.
So, Please don't over do. just give only the document that is asked for.
more...
bkarnik
05-11 02:28 PM
For people like us in the far flung areas, it would be helpful if IV posts a transcript or better yet record the event and make it available online so that we can at least feel like we have participated :) Just an idea.
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jkays94
05-03 11:40 AM
Understood, I fully concur and if we remain on focus and on target with the message regarding legal immigrants we will get there. I will play my part by sending the reporter an email (as an individual incase the core has something in mind).
more...
amsgc
04-08 08:34 PM
If it's easy enough, please remove "United States" as a choice in the list of countries.
Then they will pick Afghanistan! :)
Lets encourage people to make a little bit of effort and update the data to reflect the correct PD and Country of chargeability.
Then they will pick Afghanistan! :)
Lets encourage people to make a little bit of effort and update the data to reflect the correct PD and Country of chargeability.
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Munna Bhai
07-12 09:57 AM
I don't believe so.
Only H1 transfers have no cap, apart from non-profits.......
Isn't?
What you said is wrong, if you are in H1b, you can switch to H4 and come back to H1 without cap but I need more input. Like if I am on H1b based on I-140 and if my spouse is on H1b non-profit. how it works!!
Only H1 transfers have no cap, apart from non-profits.......
Isn't?
What you said is wrong, if you are in H1b, you can switch to H4 and come back to H1 without cap but I need more input. Like if I am on H1b based on I-140 and if my spouse is on H1b non-profit. how it works!!
more...
eagerr2i
12-07 09:28 AM
Chang from Cap Exempt to Cap Number H1B requires that you file the change when the visa is available during the FY which in H1B case is April 1st. The years spent on Cap Exempt status like not for profits is counted towards the 6 Yr limit.
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green_card_curious
03-08 01:04 PM
Thanks Hopefulgc. What is AFAIK?
more...
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Euclid
03-19 09:43 PM
The firm I work for is also signed up for E-Verify. It's lawyers were cool with the receipt rule. I have also checked this with the international student's office at my grad school. I am absolutely sure this is OK to do.
Remember, that the I-9 receipt rule (and e-verify) is not just for international students. It is also meant for permanent residents and citizens who happen to be waiting for a lost document to be replaced. It is unthinkable that they would be asked to stay at home while the govt agencies mail them their documents.
Your HR is wrong. Find the relevant info on this from the DHS website and fight with them. Remember, unless you plan to work in the HR department, it is probably OK to pick a fight with them. :-)
Remember, that the I-9 receipt rule (and e-verify) is not just for international students. It is also meant for permanent residents and citizens who happen to be waiting for a lost document to be replaced. It is unthinkable that they would be asked to stay at home while the govt agencies mail them their documents.
Your HR is wrong. Find the relevant info on this from the DHS website and fight with them. Remember, unless you plan to work in the HR department, it is probably OK to pick a fight with them. :-)
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frostrated
07-06 12:44 PM
you should be fine. do you have a valid transit visa? i think you need to have one if you are travelling through the European Union.
more...
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goan2005
05-31 09:27 AM
I really feel good about this. The IV' core teams todays message really touched my heart.
Even if i loose, i like to loose "winner" and dont like to loose a "looser".
Keep fighting.
Even if i loose, i like to loose "winner" and dont like to loose a "looser".
Keep fighting.
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belmontboy
06-20 08:30 PM
There is no need to change the date on I-94. As long as you have the I-797 approval petition you are good. When you leave the country, you MUSTgive the I-94 to the airline authorities. If you go to Mexico by road, there is no one to take your I-94 and so you will have illegally left the US - which can lead to problems. If you fly, you are fine!
But still, unless you are going on vacation, do not waste your money.
Wrong!
I-94 is the one that determines how long u can stay.
I-94 can be extended while staying in US.
But still, unless you are going on vacation, do not waste your money.
Wrong!
I-94 is the one that determines how long u can stay.
I-94 can be extended while staying in US.
more...
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veni001
05-13 04:04 PM
I have my company�s lawyer that I have to use but he is not experienced with this. My company wouldn�t be happy if I suggest switching to another lawyer so I need to control this myself.
Actually what I realized out of my experience with GC processing � it�s better to be involved into this process as much as possible.
As per DOL employee should not be involved with this process period.:(
Actually what I realized out of my experience with GC processing � it�s better to be involved into this process as much as possible.
As per DOL employee should not be involved with this process period.:(
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GoGreen
07-18 10:32 AM
If EAD is not filed along with I485 application, Do we need to wait for I485 reciept to file EAD or a copy of 485 application is enough?
Thanks,
Rajeev
Can someone who might have some information help me and Rajeev by answering Rajee's question..thanks.
Thanks,
Rajeev
Can someone who might have some information help me and Rajeev by answering Rajee's question..thanks.
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nemu777
09-17 03:38 PM
Hi Vani,
I applied for H1B through a NJ based consultancy company for year 2010. I haven't got any receipt number though my employer claims to have fedexed my application on April 6th. Have u been able to get in touch with USCIS regarding your application. Pls update.
I applied for H1B through a NJ based consultancy company for year 2010. I haven't got any receipt number though my employer claims to have fedexed my application on April 6th. Have u been able to get in touch with USCIS regarding your application. Pls update.
Desi Unlucky
09-22 02:27 PM
I hope you meant people who filed for GC. I do not think IV has much in terms of goals to alleviate the issue with H-1
I asked 6 other H1B ppl today to register to this site.
I asked 6 other H1B ppl today to register to this site.
clif
07-29 08:10 AM
Two other issues could be:
1. You will not be able to travel on student visa. If you enter US on student visa, it is considered as abandonment of I-485 application.
2. You need recent salary statements for EAD renewal every year.
1. You will not be able to travel on student visa. If you enter US on student visa, it is considered as abandonment of I-485 application.
2. You need recent salary statements for EAD renewal every year.
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