Monday, July 4, 2011

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  • cool4maverick
    01-11 08:36 PM
    It is really tough to get EB2 without work experience. Requiring a foreign langauge usually does not qualify for EB2 category automatically.

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  • sts_seeker
    06-04 05:42 PM
    Dear Experts I need this suggestion ASAP to prove I-140 ability to pay.

    My Priority Date EB3 is Apr, 2004 and Company is in Loss for '04,'05 and '06 and so can't prove Net assets is greater than liablities or revenue is greater than proffered wage. However Company recently has been approved for line of credit which is greater than(>) the proferred wage.

    The only way to show the ablity to pay is by showing the w2 that I have been paid the proffered wage since the priority date which is April 04. But I did not work from Jan'04 though mid of '05 because of health reason. During that time, I was paid by the disability insurance from the employer and I paid the tax for disability income while filing the W-2.
    After I joined back on mid on '05 I have been paid more than proferred wage till present(June'07).

    Does that satisfy the USCIS of the requirement of ability to pay or Not???

    I need help ASAP.
    Thanks everyone

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  • akred
    05-27 03:17 PM
    Bumping up.

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  • ak27
    02-20 09:29 AM
    I had spoken to couple of Attorneys and they have told me that H1B will done with in two weeks this year. Therefore, anyone looking to apply, get your ducts lined up.. There is not much time left..


    Taken from I-129 Instructions, page 13:

    When to File.
    Generally, a Form I-129 petition may not be filed more than six months prior to the date employment is scheduled to begin. Petitioners should review the appropriate regulatory provisions in 8 CFR which relate to the nonimmigrant classification sought.


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  • martinvisalaw
    10-12 04:56 PM
    Co. B can file the PERM at any time, but ideally one year before the current H-1B expires, even if that is 8+ years into your H-1B status. Provided that you have a PERM on file 365 days before the end of your H-1B status, the company can extend again based on that PERM #2. The filing does not have to be before the end of your 6th year.

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  • unluckydude
    06-01 10:00 AM
    My online 485 status shows "card/document production" for a long time now and I did not get the card yet. I had contacted USCIS several times thru lawyer and never got any reply. My lawyer said that could have been a mistake.

    I finally called hte USCIS directly and got the reply from the Phone rep that my 485 is approved and will open a ticket to find out why my card has not arrived. After a week or so I got a letter from USCIS quoting my earlier call and said my PD is Jan'04 and currently the availablity is only for Apr '02 and I have to wait till the PD is current for case.

    There was never an explanation about why my online status shows the card/document in production.

    In this case, what are my options ? Please help.

    Can't explain the kind of emotional and psychological trauma we go thru ever since we saw online status and subsequent messages from USCIS.

    -Unlucky Dude


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  • justice4all
    02-04 11:23 AM
    Thanks validIV for your reply.. I spoke to couple of attorneys regarding that.. one said its illegal and dont want to talk about it, other said that's the only option for my wife to go to job since she doesn't have an EAD.
    Lawyers reading this thread can throw some light..


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  • Lasantha
    06-07 11:53 AM
    I just wanted to share some good news. I had two approved LCs. One with PD EB3 ROW March 05 and the other with ROW EB3 March 06. I had already filed the I-140 for the March 06 but not for the March 05 one. That was because of the way the job requirement was worded in that LC. The attorney was not sure if it would be approved. Anyway since the earlier PD became current in June I decided to take a chance and file I-140 for that earlier PD LC with PP. And what do you know, it got approved today and that allowes me to file for AOS this month. It was a bit of a gamble with money but it worked!!! :cool:



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  • adnan_vijay
    12-02 04:53 PM
    my US green card holder mom partitioned for my green card in 2000

    my priority date became current in june this year

    my consular processing application has been lodge for almost 2 months now to USCIS.

    can I please ask when is the FBI name check done?

    how do I know if I pass the FBI name check?


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  • scorpionk
    05-17 08:24 AM
    Your first part of the question, so if I find an employer in Canada, then can I work for that company in the US without loosing the PR dates ? Are there are any complications to this ?

    What about the spouse and children, can they stay in the US too or do they have to stay in Canada ?

    Is the PR years counted only for the principal applicant or for all applicants?

    Any help would be appreciated.



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  • nashorn
    12-12 01:11 AM
    You can find out by calling USCIS. There is thread here teaching tricks to get to talk to a immigration/field officer. If you can do that, you can ask him/her, and may get the answer.

    By saying they wouldn't adjudicate your case becase its PD is not current, I meant they wouldn't approve your case. But they will look at your case. If something is wrong, they'll correct it or send you a RFE, both of which will result in updates. If everything is all right but only your PD is not current, they will "put in suspense" your case, which will result in an update too, and send your case to some on hold shelf. When your PD is current, they'll approve your case.

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  • gc_buddy
    07-24 01:27 PM
    To my knowledge, the PD field is always blank for EAD reciept notices.

    I e-filed EAD renewal. On the I-797 Notice of Action that they mailed me, the "Priority Date" field is blank. The same is true for my last EAD notice of action as well which I did not check last time. Is it normally blank?

    Is anybody else in the same boat?


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  • nozerd
    05-02 09:38 AM
    Check out this website. It has all the details you need

    if you click on the appropriate link it defines what a Canadian business should be.

    Hope this helps.

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  • rameshvaid
    04-03 09:05 PM
    I also mailed the letter but no response from anyone.



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  • snathan
    06-09 10:13 PM

    I have a friend that has a BS in Computer Engineering, and a MS in Electrical Engineering.
    Can you guys give me sample job description that will qualify for EB2. He has 3 years of experience but that was acquired before obtaining the degrees.

    Company is really flexible with job description.

    Thanks in advance.

    Are you the mouth piece for your friend...?

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  • ganguteli
    04-07 09:48 AM
    I have 2 lawyers to select from. Both are good. One of them is the lawyer company (his office locate in the same city) which is the most expensive. The other lawyer is really good and his expenses is pretty good.

    My question is that: Is it better to stuck with the company lawyer as he can handle the perm better. That may because he knows well where to advertise? Or it does not matter? I am just worried that the lawyer that live in another state will not know very well about the city and where he should advertise.

    As anyone think, I also want to make sure that he does not over advertise such that we may get many applicants?

    Please advise me if I should stuck with the company lawyer or it does not matter?
    Your lawyer cannot advertise. It is illegal. Your employer has to advertise. The lawyer works with your employer in the Perm process and your employer selects the candidate. So you do not control anything in the PERM process. Also, your employer needs to pay for Perm process and not you.


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  • Reggit
    10-13 12:44 AM
    Anyway that I can get a solid black line? It keeps preserving the opacity deficient coloring of the actual rectangle. More or less, the black line is getting the same 50% opacity as I made the rectangle. Don't want that. :P

    :pirate: Ar.

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  • laststraw
    04-15 12:26 PM
    Here is my estimate on the timeframe:

    Prepare job description etc. - 1 to 2 months (depends on company and attorney)
    Prevailing Wages - 2 months (this is based on the current centralized processing)
    Recruitment Process - 2 to 3 months (depends on company and attorney)
    PERM Labor approval - 9 months (if it gets audited, it would take around 2 years)
    I140 - 4 months (you can reduce it if you can file premium processing)
    I485 - This depends on the EB category & VISA dates - if it is EB3 India, it would probably be 7-10 years or more

    I am not trying to be pessimistic. This is based on what I have observed and read. I have been in this country for 10 years on H1B. I am currently waiting for my Prevailing Wages request to be processes (for my 3rd labor application). It is a long process, but as long as you are working for a good company that treats you well, you should be able to endure the pain.

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  • tradahoo
    11-05 09:53 PM
    Anyone out there knows the answer?

    I am currently working for Company A which sponsors my H1B. I wonder if I can work for another company on a part time basis. What's the requirement for concurrent H1B filing? And does concurrent H1B filing requires a new H1B application against the quota? Please provide guidance.

    06-03 08:31 PM


    This is going to help many.. thanks

    05-21 01:50 PM
    How can you MTR for the 485 which was denied based on a denied 140? What were the grounds for denial?

    It was due to attorney's mistake.

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