snathan
05-17 05:02 PM
I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM
Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.
Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.
We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.
Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.
This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.
Your new job duties must be more 50% than the current job...otherwise you can not file for new PERM
wallpaper Rihanna / Chris Brown
fptmark
05-17 12:56 AM
Hey Jason,
Thanks for posting your solution. I spent 6 hours trying to figure out what the heck was going as I had the *exact* same problem. A 1 line fix - gotta luv it!!!
Thanks Again!!!
Mark
http://social.msdn.microsoft.com/Forums/en-US/csharplanguage/thread/39cbc46a-2ad5-4300-8f08-4ca1469d6f76/
Found my answer:
DialogAddTo.RestoreDirectory = true;
added that line before .showDialog() and it fixed the problem...
Thanks for posting your solution. I spent 6 hours trying to figure out what the heck was going as I had the *exact* same problem. A 1 line fix - gotta luv it!!!
Thanks Again!!!
Mark
http://social.msdn.microsoft.com/Forums/en-US/csharplanguage/thread/39cbc46a-2ad5-4300-8f08-4ca1469d6f76/
Found my answer:
DialogAddTo.RestoreDirectory = true;
added that line before .showDialog() and it fixed the problem...
sdudeja
01-12 10:46 PM
Its nice to see teachers on this forum. I came on H1 through the company GTRR. You can get their contact number from their site.I wanted to ask Sirvi that how about working with an NGO. Did you file your GC under EB2. I filed mine under EB3. Please tell me something about it.
If someone knows regarding more sponsors for teachers let me know. I know some school systems in and around Georgia sponsor directly.
If someone knows regarding more sponsors for teachers let me know. I know some school systems in and around Georgia sponsor directly.
2011 hair Rihanna and Chris Brown
indyanguy
09-09 11:50 AM
What I heard from one of my friend that now a days DOL issues RFE left and right but if company is ready to file for new labor and if they have open position for it .. Don't wait. Even if you get RFE you will be in line ahead of many who is thinking to apply for Eb2..
By RFEs, I assume you mean the request Business Necessity letter to clarify why this person is needed for the advertised position?
By RFEs, I assume you mean the request Business Necessity letter to clarify why this person is needed for the advertised position?
more...
gcnirvana
09-15 05:03 PM
...on whether you did a Bachelors or Masters. Also you can wait till December to get your Degree and then apply for the GC.
HTH
GCNirvana
HTH
GCNirvana
kshitijnt
10-08 05:13 PM
In US the nice thing about SSA is unemployment and disability security.
But 10 years is a long time to wait on a temporary visa to get your social security back.. There were some discussions to reduce this to 3 years but that talk is dead now.
In India, the best part is 100% compulsory employer contribution. But
Indian PF sucks with rising inflation and lack of accountability.
And we all know how the employers would "Package" their "contribution".
This latest development will sting Indian origin GC holders and US citizens who go back to work in India and MNC employees working abroad.
What are you talking about? My parents retired with good benefits from GPF and PPF (no stock investment). In the article is was estimated that Indian workers are contributing $1.5 Billion dollars in SSA taxes each year. Not everyone works here for 10 years to get the benefits. Hence its only natural for India to charge US citizens working in India if repatriation of benefits is not allowed.
But 10 years is a long time to wait on a temporary visa to get your social security back.. There were some discussions to reduce this to 3 years but that talk is dead now.
In India, the best part is 100% compulsory employer contribution. But
Indian PF sucks with rising inflation and lack of accountability.
And we all know how the employers would "Package" their "contribution".
This latest development will sting Indian origin GC holders and US citizens who go back to work in India and MNC employees working abroad.
What are you talking about? My parents retired with good benefits from GPF and PPF (no stock investment). In the article is was estimated that Indian workers are contributing $1.5 Billion dollars in SSA taxes each year. Not everyone works here for 10 years to get the benefits. Hence its only natural for India to charge US citizens working in India if repatriation of benefits is not allowed.
more...
psam
10-21 01:13 AM
. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.
I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.
I don't think you will get in trouble with IRS. Because your W2 will have less salary stated. However for H1-B purpose, you salary will drop from what was probably stated on your H1-B application. No one is going to notice this. But just don't do this, when your H1-B stamping or renewal is near, so that you will have full salary mentioned in your recent paystubs.
--I am PC. Not an attorney or tax consultant :)
I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.
I don't think you will get in trouble with IRS. Because your W2 will have less salary stated. However for H1-B purpose, you salary will drop from what was probably stated on your H1-B application. No one is going to notice this. But just don't do this, when your H1-B stamping or renewal is near, so that you will have full salary mentioned in your recent paystubs.
--I am PC. Not an attorney or tax consultant :)
2010 Chris Brown and Rihanna happy
pappu
02-09 12:29 PM
We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.
Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference
Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference
more...
aranya
01-15 10:40 AM
Two things
1] H1b application may not be filed by the beneficiary i.e. you cannot file it. Your employer or his representative (lawyer) has to apply.
2] The lawyer fees may be paid by either the employer or the employee - no USCIS requirments/laws.
1] H1b application may not be filed by the beneficiary i.e. you cannot file it. Your employer or his representative (lawyer) has to apply.
2] The lawyer fees may be paid by either the employer or the employee - no USCIS requirments/laws.
hair Chris Brown and Rihanna
amslonewolf
11-09 01:36 PM
I am sure many of you would agree with the below observations -
I lost money in the 2001 stock market because I believed that the market could never down based on all the glorious research reports..
I lost money again in 2005 as I bought a house believing that a house value can only go up, again reading all the real estate boom that was happening around.
Now, I keep reading that the Indian market is oh-so good that everyone should go back to India to live in the villas and ride around in the chauffeured cars:)
Hmm, as always, I have been the last one to get on the boat before it went under. So, with all pun intended, what Indian ETF should I start investing and when should I buy my one-way ticket :rolleyes:
As my mom always says - Mountains always look smooth from a distance. This time I think I will stay put and wait it out for my GC..
I lost money in the 2001 stock market because I believed that the market could never down based on all the glorious research reports..
I lost money again in 2005 as I bought a house believing that a house value can only go up, again reading all the real estate boom that was happening around.
Now, I keep reading that the Indian market is oh-so good that everyone should go back to India to live in the villas and ride around in the chauffeured cars:)
Hmm, as always, I have been the last one to get on the boat before it went under. So, with all pun intended, what Indian ETF should I start investing and when should I buy my one-way ticket :rolleyes:
As my mom always says - Mountains always look smooth from a distance. This time I think I will stay put and wait it out for my GC..
more...
sparky_jones
10-01 11:26 AM
I found this thread on ImmigrationPortal.com forum with suggestions from "ginnu", who appears to be a well-respected, knowledgeable and trusted member on that forum. Has anyone successfully tried this approach?
http://www.immigrationportal.com/showthread.php?t=263279
http://www.immigrationportal.com/showthread.php?t=263279
hot Chris Brown and Rihanna.
dkupadhyay
11-24 11:59 AM
Thanks for your response.
The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?
The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?
more...
house Chris Brown and Rihanna
Simran21
10-01 05:35 AM
While taking a VISA appointment , there is a question which says "Are you applying for same visa class that expired in the last 12 months?"
Here are my doubts
1. I had a H1 B VISA which expired in May 2007 processed by my previous employer. As I am applying for the same VISA class , but though a differnt employer, should the answer be 'YES'?
2. Since my daughter will be appearing for the H4 VISA interview for the FIRST TIME, Is she also eligible to come along with me if I choose "YES" to the question "Are you applying for same visa class that expired in the last 12 months?".
Thanks in advance.
Here are my doubts
1. I had a H1 B VISA which expired in May 2007 processed by my previous employer. As I am applying for the same VISA class , but though a differnt employer, should the answer be 'YES'?
2. Since my daughter will be appearing for the H4 VISA interview for the FIRST TIME, Is she also eligible to come along with me if I choose "YES" to the question "Are you applying for same visa class that expired in the last 12 months?".
Thanks in advance.
tattoo Chris Brown and Rihanna
Anders �stberg
March 4th, 2004, 01:47 AM
No disrespect. Just wondered what it would look like from every angle.
Oh, did you mean one at a time? :)
Fred
http://www.dphoto.us/forumphotos/data/581/334Stair_Kal.jpg
That's great! The lines in the photo really works well with this idea. Creative! :)
Oh, did you mean one at a time? :)
Fred
http://www.dphoto.us/forumphotos/data/581/334Stair_Kal.jpg
That's great! The lines in the photo really works well with this idea. Creative! :)
more...
pictures Chris Brown and Rihanna
Rb_newsletter
06-12 04:45 PM
http://www.newsreview.com/reno/content?oid=1010431
Reid revives immigration issue
By Dennis Myers
dennism@newsreview.com
More stories by this author...
U.S. Sen. Harry Reid of Nevada, the Democratic floor leader, said last week he was getting ready to lead the Senate back into the politically risky waters of immigration.
At the end of his remarks before an Asian-American and Pacific Islander Summit in D.C., Reid said, �Finally, we will again pursue comprehensive immigration reform that respects both our nation�s laws and the people from all nations who want to live in America, work hard and pay their fair share of taxes. And it is critical that we bring families together by cutting down on the long waits for prospective immigrants trying to join their immediate family members in the United States. I am committed to reforming our system in a way that is tough, fair and practical.�
He was immediately faced with skepticism and outright hostility. Though the senator was vague on details, one website promptly posted the headline, �Why Does Reid Want to Ram Immigration Amnesty Through Senate?�
More seriously, GOP Sen. Saxby Chambliss of Georgia questioned whether Congress has time to deal with immigration this year when it already has health care reform and 13 appropriations bills on its plate: �I don�t see how, from a time perspective, where they can have a floor debate on immigration. We haven�t even had any hearings this year on it.�
Reid revives immigration issue
By Dennis Myers
dennism@newsreview.com
More stories by this author...
U.S. Sen. Harry Reid of Nevada, the Democratic floor leader, said last week he was getting ready to lead the Senate back into the politically risky waters of immigration.
At the end of his remarks before an Asian-American and Pacific Islander Summit in D.C., Reid said, �Finally, we will again pursue comprehensive immigration reform that respects both our nation�s laws and the people from all nations who want to live in America, work hard and pay their fair share of taxes. And it is critical that we bring families together by cutting down on the long waits for prospective immigrants trying to join their immediate family members in the United States. I am committed to reforming our system in a way that is tough, fair and practical.�
He was immediately faced with skepticism and outright hostility. Though the senator was vague on details, one website promptly posted the headline, �Why Does Reid Want to Ram Immigration Amnesty Through Senate?�
More seriously, GOP Sen. Saxby Chambliss of Georgia questioned whether Congress has time to deal with immigration this year when it already has health care reform and 13 appropriations bills on its plate: �I don�t see how, from a time perspective, where they can have a floor debate on immigration. We haven�t even had any hearings this year on it.�
dresses Chris Brown amp; Rihanna Mad At
waitnwatch
05-25 07:40 PM
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
more...
makeup Judge Tell Chris Brown
a2006
04-04 03:16 PM
Thanks for your responses. The hospital staff told us it would take 60-90 days to get the SSN. I am stuck until that arrives because only then can I apply for the passport. Any way to get around it?
You don't need SSN to apply for a passport for a baby. PIO card takes about two weeks to process in SFO. I dont think there is any fast processing available for PIO.
You don't need SSN to apply for a passport for a baby. PIO card takes about two weeks to process in SFO. I dont think there is any fast processing available for PIO.
girlfriend rihanna pictures chris brown
mmk123
04-16 07:32 PM
My parents are scheduled to travel on Monday via delta flight to India via Paris. As you all know all European flights are either cancelled or postponed and paris airport is currently closed. Their I-94 date is 19-April.
They will travel on next available flight if we find that monday flight is cancelled (which is likely). Assuming that their travel is cancelled or postponed, it is evident that they will most likely pass their I94 date.
What should we do in such situation? Just trying to understand any steps we need to take in advance if we have to notify any authority etc.
Appreciate your help,
thanks!
They will travel on next available flight if we find that monday flight is cancelled (which is likely). Assuming that their travel is cancelled or postponed, it is evident that they will most likely pass their I94 date.
What should we do in such situation? Just trying to understand any steps we need to take in advance if we have to notify any authority etc.
Appreciate your help,
thanks!
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voldemar
03-21 10:51 AM
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Yes you will be subject to cap.No, if you had H1 before (in 6 years) you are not subject to cap.
Yes you will be subject to cap.No, if you had H1 before (in 6 years) you are not subject to cap.
SunnySurya
08-04 10:09 AM
How about some green dots guys for sharing such a inspirational story...
niklshah
01-06 10:27 AM
February visa bulletin will be out this week any day.
What is the opinion of gurus who analysed that latest USCS numbers about dates? what do you predict?
thanks for changing the title... now let the guess work begin....
What is the opinion of gurus who analysed that latest USCS numbers about dates? what do you predict?
thanks for changing the title... now let the guess work begin....
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