kris04
08-18 06:17 PM
:confused:Hi all,
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.
Good Luck
HTH
kris
My Profile
----------
GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)
I have a situation,
I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.
My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
This is required to prove that there is no fraud happened while filing my case.
As you all know, in this current situation, I can not go back and ask employer �A� about that letter.
Any suggestions etc please provide.
Just to remember
REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES
Thanks,
Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.
Good Luck
HTH
kris
My Profile
----------
GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)
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gc_lover
07-24 12:17 PM
Can I file concurrently I-140 and I-485 if the labor is approved but haven't received the hard copy? What do I need to attach to these applications to substitute for the hard copy?
If you have a screenshot of approval, you can use that to file concurrently!
I am in exact same situation, except I have already filed on July 2nd. I am not very sure about this whole thing, but some lawyers are saying this only applies to people filing from July 17 to Aug 17th, I dont know. I will keep my fingers crossed and see what will happen to my application.
If you have a screenshot of approval, you can use that to file concurrently!
I am in exact same situation, except I have already filed on July 2nd. I am not very sure about this whole thing, but some lawyers are saying this only applies to people filing from July 17 to Aug 17th, I dont know. I will keep my fingers crossed and see what will happen to my application.
yestogc
03-04 10:21 PM
I am apologetic if my message sent any wrong signals anywhere.
But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.
But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.
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adi787
08-30 09:18 PM
hey guys..
I heard uscis is introducing new procedure for LC. any one knows any details.
I heard uscis is introducing new procedure for LC. any one knows any details.
more...
bestin
06-19 02:38 PM
Thanks for responding so quick.I thought its not upto us to prove as it is in their records.Dont you think that they will acknowledge Bachelors+5 yrs exp equivalent to Masters based on this?
My labor didnt mention Masters either.
http://law.justia.com/us/cfr/title08/8-1.0.1.2.8.0.1.5.html
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a petition on Form I�140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
My labor didnt mention Masters either.
http://law.justia.com/us/cfr/title08/8-1.0.1.2.8.0.1.5.html
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a petition on Form I�140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
franklin
07-05 11:04 AM
EB2 ROW has never retrogressed.
It can become unavailable when 140k visas are used for the year
It can become unavailable when 140k visas are used for the year
more...
edaltsis
10-19 08:19 PM
/\ Bump /\
Why this ^ BUMP ^ message? Is it to increase the number of posts and become a senior ?
Why this ^ BUMP ^ message? Is it to increase the number of posts and become a senior ?
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j0se
09-15 06:52 PM
that was quite a journey!! i think half way through it i realised that i will not be making this effect again (at least too kickly...)
www.alt-student.co.uk/bs5.htm
i have to say that flash MX's 'distribute to layers' feature came in really handy for this
thanks again
sleep = true
:)
www.alt-student.co.uk/bs5.htm
i have to say that flash MX's 'distribute to layers' feature came in really handy for this
thanks again
sleep = true
:)
more...
gc_aspirant_prasad
07-13 05:24 PM
done
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coopheal
12-05 11:41 AM
While I have never worked on OS level, my company attorney has made a mistake. God knows why, but it is mentioned in my LC approval, the job code is: 15-1032 Computer Software Engineers, Systems Software :mad:
I found this link.
http://www.bls.gov/oes/current/oes_stru.htm
I found this link.
http://www.bls.gov/oes/current/oes_stru.htm
more...
eb2waiter
06-20 06:08 PM
There are atleast 100 immigration doctor centers, and you will get an appointment in 1 week. Also they do package deals, so you can go brokeback (mountain) in 3 days.
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Filipo
07-11 11:46 AM
they might be annoyed...and the message thats represent the flowers will become meaningless...
more...
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amitjoey
01-09 11:30 AM
Please see some answers I am guessing:
1. Do I Need an airport transit visa since iam travelling visa France ?
No idea. Do not think so.
2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal) If you mail it it takes a week, over the counter should be much-much faster - same dayThey do it same day for Visa. I believe that they should do it for new passport too. Indian consulate has good information on their website.
3. Can I travel with an expired H4 visa ? you can always go back to India - travel to India is fine since you are a citizen of India (guessing). Comming back you need a visa, and your expired visa wont do. you need a valid H4 visa that is stamped in your passsport, by US Consulate. You have to get an approved I-539 here before you leave for India. Then on your visit to India, you can schedule an appointment at the US consulate to get the Visa (Appointment has to be scheduled way in advance and nowadays there are other requirements like mailing the papers in advance- please check on website)
Please check with a lawyer or consult lawyers website for other requirements.
My opinion, please do not rely on this information
Iam on H4 and my visa expired on oct 31 '06 , I have apllied for extension on oct 20 '06 , but havent got my extension yet, I have another problem my passport is expiring on Feb 13 '07. WIll be going to Houston to get my fresh passport this weekend.
I have to visit India this month end and have booked my tickets trhough delta, from Us to India via Paris(France).
I have 3 questions :
1. Do I Need an airport transit visa since iam travelling visa France ?
2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal) [.
3. Can I travel with an expired H4 visa ?
Please Help ???
1. Do I Need an airport transit visa since iam travelling visa France ?
No idea. Do not think so.
2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal) If you mail it it takes a week, over the counter should be much-much faster - same dayThey do it same day for Visa. I believe that they should do it for new passport too. Indian consulate has good information on their website.
3. Can I travel with an expired H4 visa ? you can always go back to India - travel to India is fine since you are a citizen of India (guessing). Comming back you need a visa, and your expired visa wont do. you need a valid H4 visa that is stamped in your passsport, by US Consulate. You have to get an approved I-539 here before you leave for India. Then on your visit to India, you can schedule an appointment at the US consulate to get the Visa (Appointment has to be scheduled way in advance and nowadays there are other requirements like mailing the papers in advance- please check on website)
Please check with a lawyer or consult lawyers website for other requirements.
My opinion, please do not rely on this information
Iam on H4 and my visa expired on oct 31 '06 , I have apllied for extension on oct 20 '06 , but havent got my extension yet, I have another problem my passport is expiring on Feb 13 '07. WIll be going to Houston to get my fresh passport this weekend.
I have to visit India this month end and have booked my tickets trhough delta, from Us to India via Paris(France).
I have 3 questions :
1. Do I Need an airport transit visa since iam travelling visa France ?
2. How long will it take to get my fresh passport if I applied over the counter on emergency system (Tatkaal) [.
3. Can I travel with an expired H4 visa ?
Please Help ???
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crazymish
03-05 02:15 PM
Hi People,
I have been hearing a few things on the renewal and I cant seem to get a concrete picture here. Would appreciate a look here.
I am applying for an advance parole renewal for my wife, me and her, we did not apply for the GC at the same time, I applied during the hullabaloo July 2007 times under the old fee structure and she was applied later on in the following year 2008 under the new fee structure of $1010 as a derivative under my application. Her I-797 receipt notice indicates that a fee of $1010 was paid out. My I-797 indicates $300 odd as separate fees.
Given the above, is she exempt from paying the $305/$340 for the Advance Parole/EAD. A USCIS agent that I talked to says that anything after July 30th 2007 is exempt but she could well be reading from a piece of paper without actual knowledge of the intricacies. A paralegal at my lawyer's office said that she needs to pay, but somehow I am not convinced.
Would appreciate a little insight here.
Thx,
M
I have been hearing a few things on the renewal and I cant seem to get a concrete picture here. Would appreciate a look here.
I am applying for an advance parole renewal for my wife, me and her, we did not apply for the GC at the same time, I applied during the hullabaloo July 2007 times under the old fee structure and she was applied later on in the following year 2008 under the new fee structure of $1010 as a derivative under my application. Her I-797 receipt notice indicates that a fee of $1010 was paid out. My I-797 indicates $300 odd as separate fees.
Given the above, is she exempt from paying the $305/$340 for the Advance Parole/EAD. A USCIS agent that I talked to says that anything after July 30th 2007 is exempt but she could well be reading from a piece of paper without actual knowledge of the intricacies. A paralegal at my lawyer's office said that she needs to pay, but somehow I am not convinced.
Would appreciate a little insight here.
Thx,
M
more...
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roseball
10-26 04:42 AM
Shouldnt be any problem..But I suggest to file for withdrawal asap if your wife is not planning to leave the country immediately...Because, she is legally out of status if she has not started working since Oct 1st (Though one can argue on this as she has a AOS pending too)...If she leaves the country immediately, she doesnt even have to file a withdrawal...She can leave the country and either enter on AP and use EAD to work or get a H4 Visa stamped, enter on H4 and use EAD to work....Either way, I dont see any issues here....
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ImmInd
12-01 12:38 PM
Yes! I have my H1-B Case Filing Receipt Notice with EAC number.
I see the same message (as you posted) when I tried to see the status first time around Mid Nov. I thought it may take few days or a week to appear online (based on the past). But, same message till now!!
Something is not linked right and may be due to some upgrade USCIS were doing in last few months. Not Sure!!!
I see the same message (as you posted) when I tried to see the status first time around Mid Nov. I thought it may take few days or a week to appear online (based on the past). But, same message till now!!
Something is not linked right and may be due to some upgrade USCIS were doing in last few months. Not Sure!!!
more...
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GC_1000Watt
01-08 03:39 AM
no, when you go for visa stamping the first thing they typically do is stamp a 'cancelled without prejudice' on yuor old visa, and they also usually take your I-94. So if you do get a 221(g), then the typical option is to either wait it out or take the passport back and go to the home country.
P.S: fix the subject, it is too generic...
Thanks man. And let me know how do I change the subject title? I don't see an option.
P.S: fix the subject, it is too generic...
Thanks man. And let me know how do I change the subject title? I don't see an option.
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newuser
07-29 08:19 PM
Quoting what reason did the DMV confiscated your driver's license?
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saileshdude
10-07 11:46 PM
Jungalee,
I sent you a PM. Can you reply to that? Thanks a lot
I sent you a PM. Can you reply to that? Thanks a lot
pd_recapturing
07-18 04:49 PM
--------------------------------------------------------------------------------
Hi guys, I have a approved EB3 I-140 with PD of May 2004. I recently applied a new EB2 I-140 under the PP to port PD and got RFE. RFE has been replied by my lawyer on 07/06 and we are waiting for their decision any moment.Now, as I am going to apply my I-485, what will be my best bet? to go with approved EB3 I 140 or go with receipt notice of pending PP EB2 I-140? If I go with EB3 I140, can I amend my application at a later point of time with EB2 I 140? Please help.
Hi guys, I have a approved EB3 I-140 with PD of May 2004. I recently applied a new EB2 I-140 under the PP to port PD and got RFE. RFE has been replied by my lawyer on 07/06 and we are waiting for their decision any moment.Now, as I am going to apply my I-485, what will be my best bet? to go with approved EB3 I 140 or go with receipt notice of pending PP EB2 I-140? If I go with EB3 I140, can I amend my application at a later point of time with EB2 I 140? Please help.
walking_dude
11-21 11:17 AM
Don't hide anonymously like a Turkey. Eat Turkey (Fight for your cause)
Happy Thanksgiving
Happy Thanksgiving
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