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  • asiandude2
    05-17 10:12 PM
    Ammendment 4005 to CIR by Cornyn under the SKIL ACT states that:

    (b) LABOR CERTIFICATIONS.--Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--

    (1) by striking ``or'' at the end of subclause (I);

    (2) by striking the period at the end of sub- clause (II) and inserting ``; or''; and

    (3) by adding at the end the following:

    (III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.


    We already know that following people are exempt from obtaining Labor Certifications for Green Card Processing:

    (I) is a member of the teaching profession, or
    (II) has exceptional ability in the sciences or the arts.


    If this Cornyn amendment passes does it mean that people with "a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.'' will also be exempt from obtaining LC for Green card processing.





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  • gcformeornot
    04-08 05:47 PM
    1). I just mailed (paper filing) I-765 for renewal of EAD. Reason: Last year, because of a tiny/immaterial mistake (in e-filing) my EAD was delayed to close to 120 days..

    2) As per filing instructions (feb,2010) I donot think you have any choice/option as to where to file.

    Make your own choice, good luck.
    are 2 locations based on states where you live.

    Dallas and Phoenix.
    If you live in:

    Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Guam, or the Commonwealth of Northern Mariana Islands.

    Mail your application to:

    USCIS Phoenix Lockbox

    For U.S. Postal Service (USPS) deliveries:



    USCIS

    PO Box 21281

    Phoenix, AZ 85036

    For Express mail and courier deliveries:


    USCIS

    Attn: AOS

    1820 E. Skyharbor Circle S

    Suite 100

    Phoenix, AZ 85034




    Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Oklahoma, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or West Virginia




    USCIS Dallas Lockbox

    For U.S. Postal Service (USPS) Deliveries:



    USCIS

    PO Box 660867

    Dallas, TX 75266



    For Express mail and courier deliveries:



    USCIS

    Attn: AOS

    2501 S. State Hwy. 121 Business

    Suite 400

    Lewisville, TX 75067





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  • Green.Tech
    03-03 12:36 PM
    Hi everyone, I am seeking some help:

    -My wife's Labor Certification was approved on Oct-09-2006
    -Priority Date: April-30-2001

    We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.



    Sounds like you are one of those fake profiles.

    No answer for you. Come back 1 year! (I hope you watch Seinfeld) :)





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  • anirudh74
    03-18 12:09 PM
    Don't count on it.Even if it is introduced it will hit a road block in the house.So go and do what you need to do.Its foolish to base all your plans on CIR. I am sorry to say this , but this is the reality and there is very little that anybody can do to influence this.



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  • gcseeker28
    07-27 02:21 PM
    Hello Gurus,
    I am a first timer posting in this fantastic forum.
    I am in a very confusing situation wherein I need your help

    EB2 priority date: April 2007
    I 140 approved.
    I 94 expired in August 2010

    So, I applied for 7th year H-1B extension in February and I got a RFE with the query to prove that I am working at the client's place.
    I submitted all the documents except for the client's letter. Yesterday, I got a denial mail for which I dont know the exact reason.
    I am presuming its related to the client's letter.
    My lawyer said that we can open a MTR within 30 days.

    What are the options and todo list I have?
    1. I have a very good rapport with the client and I can get the client's letter.
    If I get it, how long will it take to approve my case?

    2. I am still working. Is it legal if I work as long as the appication is being processed.
    3. Once I get my EAD, will it matter if H-1B gets rejected?

    Please help me!





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  • LookingForGC
    01-26 10:26 PM
    Congrats! Enjoy the freedom.



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  • willigetagc
    08-15 09:06 AM
    Hi,

    If I am working with X company & Y company is ready to file GC.
    (Assuming Y has no objections even if I do not join the company at all)
    Is it mandatory for the candidate to join company Y at certain stage which has file GC?
    I would appreciate your comments.

    Regards,
    Sanjeev.

    Yes and no. Yes it is mandatory by definition. No because there are ways around. You could go join a school to get higher education. You could ask Y to terminate your employment.

    Better still. AFter your GC is approved, get a letter from Y that "unfortunately the position is no longer available. You are most welcome to try for jobs in other areas". Then submit your resume and go for an interview or two, if called. Keep all records, emails. Then you are completely off the hook!!!





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  • sounakc
    07-29 01:39 PM
    ^^^^^



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  • raju6855
    02-02 08:31 AM
    Its been over 3 weeks since my wife have H4 interview and the passport is still under "admin processing". This week her AP came and I have mailed it to her and now we want to get the passport back and travel on AP.

    Now if anyone knows or done the process of getting the passport back from Delhi Consulate, can they please explain?

    Thx





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  • sundevil
    06-19 10:04 PM
    This time around its unchartered territory with these flood gates open. As for current ways there is a chance(still only chance there is no science) you will get the rcpt date by then, but who knows what will go on.
    Guys, this thing is so important, do not play games with it and screw up you application. Unless travel is absolutely must, forget about it. All lawyers including mine are suggesting to cut short any visits, cancel any existing plans and don't make new plans. The dates could retrogress to stone age, do you really want to take a chance and wait for the next opportunity, if something doesn't work out.



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  • rockstart
    03-22 09:15 AM
    Your post is confusing. Can you please add details. Is her visa (stamping) denied or her I 797 (H4 approval I forget the number its I5XX something) that was not approved? I am assuimg its the later. Any case its always prudent to exit the country immediately in order to maintain status.





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  • indio0617
    05-02 03:43 PM
    Well, good lawyer or bad lawyer, everyone here knows, that they never reveal the true story of what and where the company messed up.
    I want to just find out that, if I transfer to a new company with 14 months left on that 6 year limit, do I have enough time to transfer H1, file brand new Perm, file a brand new I 140 , get approved, and get three year extention instead of on year? a small window for timing here. Should I stick with the same company?
    Any input is appreciated.
    thanks.....


    Yes. You definitely have time to do all that. PERM should take max 4 months total time, I-140 via premium processing will not take more than 2 weeks. So, you need not worry about the timeline at all.

    If you want to move to a new employer go for it.



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  • solaris27
    08-15 08:58 AM
    http://boards.immigration.com/blog.php?b=36





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  • hopefulgc
    03-08 12:57 PM
    AFAIK, I-140 is the underlying petition for the I-485. If I-140 is denied, the i-485 is automatically denied.
    Move fast, start a PERM and see if u can lock in a date.


    i missed the second part of your question.

    i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
    Hope this helps.



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  • Maverick1
    11-16 01:45 PM
    Let me restate to make sure I understood your question right :

    Are you currently working as described in "A" and going to join a job as described in "B" ?

    They don't look similar to me. If your LC was files verbatim as described in "A" and the new job description from your new employer is going to be as described in "B" you will have an issue.

    As always the standard disclaimer : Take a legal advise. But it appears even to a lay man that they are not same/similar as described by you.



    Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met

    Job A: Techincal Consultant
    - Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
    - Basic working understanding of SQL Server, Oracle and related query language and tools
    - Consulting development experience in IT or Systems Integration
    - Excellent communication skills; written and verbal.

    Job B: Project Manager
    - Accomplishes project objectives by planning and evaluating project activities.
    - Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
    - Identifies resources needed and assigns individual responsibilities.
    - Manages day-to-day operational aspects of a project and scope.
    - Reviews deliverables prepared by team before passing to client.
    etc etc.


    On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?





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  • chanduv23
    03-04 11:58 AM
    >> Do you have a Green Card?
    This is not a legal question. If question is posted on web-site, that can be reported.

    Like in said my earlier post, employer can not ask for kind of employment authorization.


    ________________________
    Not a legal advice.
    US citizen of Indian origin

    Thanks desi - as always ur source of information is great. Lets get some view points from IV lawyers on this issue.

    If that is the case, what about employment websites? Maybe they need to be notified to change their options?



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  • casper21
    07-29 10:46 AM
    Can someone give answer to my question??? Please..................





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  • skd
    08-15 01:20 PM
    Probably because Lot of people in IV are hurting because of people who jumped the line by using somebody else�s LC and people are getting ahead of some one who are there in line for 6-8 years.\

    I am NOT the one who gave you red. I never give anyone red even if i don't like the post..

    I will just give you my "green"





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  • go_guy123
    09-25 10:53 AM
    No worries,

    go and check here: The Oh Law Firm (http://www.immigration-law.com/Canada.html)

    in the above link go locating the following news line, read and enjoy

    ""08/14/2009: Will USCIS Discontinue Concurrent I-140/485 Filing Procedure, Replaced by Preregistration and Two-Tier Filing System? ""

    Hmmm....more money for USCIS, 2 times filing and double fees.





    tikka
    08-09 08:18 AM
    U definitely and and will :)

    /\/\/\/





    dingudi
    10-25 03:25 PM
    Guys,

    Today I saw a weird online status sequence for my spouse's EAD. At first when I checked it said that "card production has been ordered. Please wait 30 days to receive it." I checked again after couple of hours and the online status reverted back to the usual receipt notice status which says something like this

    " On August 10, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice."

    This was the message I was receiving when I got the receipts initially.

    But for my EAD today it is says "card production ordered...." and this message is still being displayed whenever I check it. So I am not sure why for my spouse's EAD the status went from "card production ordered" to previous receipt notice status.


    I-485 July 2nd
    I-485 ND Sept 10
    No FP yet.
    EAD/AP receipts received.
    Edit/Delete Message



     
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