krishnam70
03-26 08:07 PM
Hello all,
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If he lets you go you have no issues with future naturalization in case you have all your records, termination letter etc. I am unsure about the wages mentioned in your LCA. I think it is mandatory and can be challenged since employer is giving an undertaking that they have the ability to pay the amount mentioned in your LCA/I140.
You need to get good advise if they terminate you immediately after you get your GC will it show some malafide intentions/agreement between you and your employer which was there in place just to secure you a GC.
- cheers
kris
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If he lets you go you have no issues with future naturalization in case you have all your records, termination letter etc. I am unsure about the wages mentioned in your LCA. I think it is mandatory and can be challenged since employer is giving an undertaking that they have the ability to pay the amount mentioned in your LCA/I140.
You need to get good advise if they terminate you immediately after you get your GC will it show some malafide intentions/agreement between you and your employer which was there in place just to secure you a GC.
- cheers
kris
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vshar
03-13 11:29 PM
It is form G-639. You can get it from USCIS website.
Mogus
09-28 09:50 AM
Thank you very much for all your comments...This information is very helpful for me.:)
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01-05 06:35 PM
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anishNewbie
09-02 02:41 PM
Hey guys,
I am new to all this completely. So please do help me out. I am sorry if it is a repost..
My Qualification:
Bachelor's Degree in Computer Eng
Masters Degree in Computer Science
Nationality: India
Experience: 6 months (don't have docs to prove it though now..)
I would like to file my GC under EB2.
As per my little internet knowledge, is it true that for base requirements under EB2 are - MS + 0 years exp (Please correct me if i am wrong here)
I know one has to also prove that the job requires a MS degree ?? How can a lawyer suffice that requirement ?? Does 1 have to specify all latest hi-fi technologies for that ??
Are the other requirements of applying under EB2 ??
So to apply under EB2 one should belong to O*Net� JobZone 5, since i am comp eng/software developer i belong to category of O*Net� JobZone 4.
So for applying EB2 under O*Net� JobZone 4, do i have to show some experience related to that field/job ?? (Really confused about this one)
So say for example, I would be applying under :
OES/SOC Title: Computer Software Engineers, Applications
Level 1 Wage: $30.42 hour - $63,274 year
Level 2 Wage: $37.60 hour - $78,208 year
Level 3 Wage: $44.79 hour - $93,163 year
Level 4 Wage: $51.97 hour - $108,098 year
GeoLevel: 1
15-1031.00 Computer Software Engineers, Applications
Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team.
O*Net� JobZone: 4
Education & Training Code: 5-Bachelor's degree
So when i apply under JobZone 4(looks like it is a Bachelors degree level zone) for EB2, what should be my minimum level of wage as per PWD?
I heard it should be a minimum of level 2, is it true ????????
I am new to all this completely. So please do help me out. I am sorry if it is a repost..
My Qualification:
Bachelor's Degree in Computer Eng
Masters Degree in Computer Science
Nationality: India
Experience: 6 months (don't have docs to prove it though now..)
I would like to file my GC under EB2.
As per my little internet knowledge, is it true that for base requirements under EB2 are - MS + 0 years exp (Please correct me if i am wrong here)
I know one has to also prove that the job requires a MS degree ?? How can a lawyer suffice that requirement ?? Does 1 have to specify all latest hi-fi technologies for that ??
Are the other requirements of applying under EB2 ??
So to apply under EB2 one should belong to O*Net� JobZone 5, since i am comp eng/software developer i belong to category of O*Net� JobZone 4.
So for applying EB2 under O*Net� JobZone 4, do i have to show some experience related to that field/job ?? (Really confused about this one)
So say for example, I would be applying under :
OES/SOC Title: Computer Software Engineers, Applications
Level 1 Wage: $30.42 hour - $63,274 year
Level 2 Wage: $37.60 hour - $78,208 year
Level 3 Wage: $44.79 hour - $93,163 year
Level 4 Wage: $51.97 hour - $108,098 year
GeoLevel: 1
15-1031.00 Computer Software Engineers, Applications
Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team.
O*Net� JobZone: 4
Education & Training Code: 5-Bachelor's degree
So when i apply under JobZone 4(looks like it is a Bachelors degree level zone) for EB2, what should be my minimum level of wage as per PWD?
I heard it should be a minimum of level 2, is it true ????????
tammman
11-11 11:07 PM
i am trying to renew my passport, do we need to fill the form online and than submit it online or we have to print, instructions are confusing..pls help out
I'm in the same boat too and I have filled it online and printed it and it will print with scan code and some more pages which u need to fill later.
This is for SFO...
I'm in the same boat too and I have filled it online and printed it and it will print with scan code and some more pages which u need to fill later.
This is for SFO...
more...
LostInGCProcess
11-01 04:54 PM
I think you should send a copy of the 485 Receipt notice.. This is a classic, Right hand not knowing what the left hand does situation with USCIS..
Thank you. I'll do that.
Thank you. I'll do that.
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the_googly
03-25 05:05 AM
I recently applied and got my schengen visa. My case was pretty similar to yours. You should be able to use your AP document to apply for visa. They will also request you to show your travel itinerary. I do not see any problems if your return date on the travel itinerary is before your AP expiry date.
more...
gc_check
01-25 11:07 PM
Considering the state of the economy and considering that the most important poisiton to save is that of the primary applicant, I suggest that USCIS process cases of primary applicants asap.
Family members can contnue on EAD for long time; however if the principal applicant loses job and can not find another one, the entire family is done - pack bags and leave.
What do you think?
ssh --> I see from your profile your PD as 2001 and understand your frustration, waiting long. I like the idea what you has told... but not sure if it is practical.
Even I think, we need to ensure, the criteria for apply for EB immigration must be met @ the time the application is accepted. But after that, if the applicant status change in the interim, that should not jeopardize the entire applicaiton it self. With EB, they want to ensure, the status is met @ the time of approval, but given the present economic condition, any thing can happen, and hope USCIS, does not utilize this to penalize the law abiding legal immigrant folks for the delay by USCIS in processing application.
I'm not sure, The application eligibility should be verified/met at the time an application is accepted for processing and not @ approval is my view. But might not be acceptable to vast majority. Return the application immediately if criteria is not met, but not after many many years.
Family members can contnue on EAD for long time; however if the principal applicant loses job and can not find another one, the entire family is done - pack bags and leave.
What do you think?
ssh --> I see from your profile your PD as 2001 and understand your frustration, waiting long. I like the idea what you has told... but not sure if it is practical.
Even I think, we need to ensure, the criteria for apply for EB immigration must be met @ the time the application is accepted. But after that, if the applicant status change in the interim, that should not jeopardize the entire applicaiton it self. With EB, they want to ensure, the status is met @ the time of approval, but given the present economic condition, any thing can happen, and hope USCIS, does not utilize this to penalize the law abiding legal immigrant folks for the delay by USCIS in processing application.
I'm not sure, The application eligibility should be verified/met at the time an application is accepted for processing and not @ approval is my view. But might not be acceptable to vast majority. Return the application immediately if criteria is not met, but not after many many years.
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gregspirited
09-12 01:04 PM
I had my Labor go through without any issues. I haven't yet applied for 140.
what would happen if I apply for F-1 visa to pursue my studies as full time student since F-1 is a non-immigrant visa and I have cleared my labor.
I know I can't proceed with 140 since its a petition for immigrant status and my F-1 will be rejected. My question is does labor certification also affects F-1 visa application?
Thanks in advance
what would happen if I apply for F-1 visa to pursue my studies as full time student since F-1 is a non-immigrant visa and I have cleared my labor.
I know I can't proceed with 140 since its a petition for immigrant status and my F-1 will be rejected. My question is does labor certification also affects F-1 visa application?
Thanks in advance
more...
eucalyptus.mp
02-17 08:59 PM
I want to do H1 transfer . But I do not have pay stub of Jan and Feb 2009 . Right now I got a project which will be starting from March 1 to 31 March . But before that I want To Transfer my H1 . Doses H1 Transfer need recent Pay Stubs ?
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rajuseattle
02-28 11:12 PM
gckidhamal,
RFE is very clear, basically they are asking the documents, which has Picture ID, where your name was mentioned as Pravin, PRaveenkumar and Pravinkumar.
I dont think u will be able to produce the picture Id for the birth certificate, but for the passport or any other state issued ID, you might be able to have some kind of picture Id dcument which bears your photo.
Please consult a good attorney who can deal with this situation, this is very unusual circumstances where you appeared to have 3 different names in 3 different doucments and the USCIS IO is confused on how to deal with this situation and requesting the evidence just to make sure that he is issuing GC to appropriate person.
I know in india it is possible to have these kind of mistakes, but unfortunately USCIS doesnt understand it. you have to have to good attorney to respond this RFE.
RFE is very clear, basically they are asking the documents, which has Picture ID, where your name was mentioned as Pravin, PRaveenkumar and Pravinkumar.
I dont think u will be able to produce the picture Id for the birth certificate, but for the passport or any other state issued ID, you might be able to have some kind of picture Id dcument which bears your photo.
Please consult a good attorney who can deal with this situation, this is very unusual circumstances where you appeared to have 3 different names in 3 different doucments and the USCIS IO is confused on how to deal with this situation and requesting the evidence just to make sure that he is issuing GC to appropriate person.
I know in india it is possible to have these kind of mistakes, but unfortunately USCIS doesnt understand it. you have to have to good attorney to respond this RFE.
more...
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drona
09-07 02:54 PM
Please see the Washigton State chapter thread in the State Chapters forum. Please post there as well, we are activating the WA state chapter.
http://immigrationvoice.org/forum/showthread.php?t=12976
http://immigrationvoice.org/forum/showthread.php?t=12976
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sam_hoosier
12-04 04:17 PM
Hi,
I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )
Thanks,
Sam
Yes, you can :)
I have my EAD. Once I pass the 180 day limit for AC21 portability, can I move to a different state and a different job ? (provided salary and job specifications match )
Thanks,
Sam
Yes, you can :)
more...
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neoneo
04-14 02:10 AM
One more day gone. A few more to go. Really what more can you do ? You can't do beyond a point. The best suggestion would be to get more PEOPLE knowledgeable about this issue.
The other day I came across one of my acquaintences who is doing pretty good in his area, who came to the US in the mid 70's.We were discussing about things happening in our community, I casually mentoned to him about the Legal immigration issue and he was surprised to hear the EXISTENCE of these issues. That surprises me that so many Indians, who have migrated to the US over past 30 years are either unaware of these issues or just want nothing to do with it. But I'm sure there is a sizeable number who would want to chip in the cause.
Get in touch with people you know and tell them to send faxes to respective senators, call or just support the cause.
MODERATORS: Can u make the WebFax area non-user area, many dont want to register, but are willing to send Faxes etc.NumbersUSA dosent need u to register.
The other day I came across one of my acquaintences who is doing pretty good in his area, who came to the US in the mid 70's.We were discussing about things happening in our community, I casually mentoned to him about the Legal immigration issue and he was surprised to hear the EXISTENCE of these issues. That surprises me that so many Indians, who have migrated to the US over past 30 years are either unaware of these issues or just want nothing to do with it. But I'm sure there is a sizeable number who would want to chip in the cause.
Get in touch with people you know and tell them to send faxes to respective senators, call or just support the cause.
MODERATORS: Can u make the WebFax area non-user area, many dont want to register, but are willing to send Faxes etc.NumbersUSA dosent need u to register.
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img86
10-08 01:02 PM
Hi thanks a lot for the prompt reply. But I am curious to know the chances of getting my transfer petition approved from my current employer. I heard we should be in H1B status before apply for transfer and we should have minimum 3 paystubs from the employer who processed H1B.
So without having all these is there any chance to get my transfer petition approved?
So without having all these is there any chance to get my transfer petition approved?
more...
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looneytunezez
02-22 11:26 AM
I believe it is 180 days before your H1 expires.
It doesnt matter how many years are left on your H1.
It doesnt matter how many years are left on your H1.
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milmuk
08-24 06:47 PM
Hello experts,
I work for a small company,which is holding my H1.Through this employer,
I got a job confirmation from a canadian company,but due to my leagal status, the Canadian company is not willing to give me an offer.
They mentioned that H1 with EAD is a complex scenario for the canadian work visa processing.Is there any other option to work in Canada?
My details are as follows:
My details :
H1 - six year completion in Oct 2010.No H1 stamping on passport
EAD - valid upto Oct 2010. Applied for renewal in Aug 2010.
AP - valid till Dec 2010
Even though I had EAD, I never used it for employment.
I returned to US last month.I used AP at poe since I didn't have project.
Please advice.
Thanks
I work for a small company,which is holding my H1.Through this employer,
I got a job confirmation from a canadian company,but due to my leagal status, the Canadian company is not willing to give me an offer.
They mentioned that H1 with EAD is a complex scenario for the canadian work visa processing.Is there any other option to work in Canada?
My details are as follows:
My details :
H1 - six year completion in Oct 2010.No H1 stamping on passport
EAD - valid upto Oct 2010. Applied for renewal in Aug 2010.
AP - valid till Dec 2010
Even though I had EAD, I never used it for employment.
I returned to US last month.I used AP at poe since I didn't have project.
Please advice.
Thanks
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snakesrocks
05-25 07:57 AM
I filed I 765 with Vermont service center on April 30,2009 and even got the I 797 C receipt. When I tried to check the case online it gives a message that
Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance please call the National Customer Service Center at 1.800.375.5283.
Any one has the same issue?
Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance please call the National Customer Service Center at 1.800.375.5283.
Any one has the same issue?
smarth
10-04 09:00 PM
Which center did your application went? What is RD and ND?
lonedesi
06-02 04:02 PM
Everyone, please write to USCIS Ombudsman's office and complain about the issues we are having dealing with USCIS. Also, seek their assistance in having USCIS process our applications in a FIFO manner especially for the transferred cases. Also write to them about slow down in I-140 processing and requesting them to reinstate PP for I-140 petitions. Unless we write and put some presurre, things will not change. You can write about any of the issues you are facing with USCIS as they are available to assist us. I think its worth a shot for us folks.
--------------------------------------------------------------------------
CIS Ombudsman - Send Your Recommendations
Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.
Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.
The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.
Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Please note: If you are attempting to submit a case problem to the attention of the CIS Ombudsman, please follow the instructions listed under Case Problems.
Please note that the CIS Ombudsman is not part of USCIS. The CIS Ombudsman is a separate office within the Department of Homeland Security dedicated to improved national security, efficiency, and improved customer service in the immigration benefits process.
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
--------------------------------------------------------------------------
CIS Ombudsman - Send Your Recommendations
Your recommendations are accepted and encouraged. The Ombudsman is dedicated to identifying systemic problems in the immigration benefits process and preparing recommendations for submission to U.S. Citizenship and Immigration Services (USCIS) for process changes. The Ombudsman believes that process change recommendations from individuals like you represent one of the best sources for identifying systemic problems in the immigration benefits process.
Ideally, your recommendations for process changes should not only identify the problem you are experiencing, but should also contain a proposed solution that will not only benefit your individual case, but others who may be experiencing the same problem as well.
The CIS Ombudsman is dedicated to open and accessible communication with both individuals and employers and not only welcomes, but encourages your comments.
Send your comments, examples, and suggestions to the Ombudsman at cisombudsman@dhs.gov
Mailing Address:
Citizenship and Immigration Services Ombudsman
ATTN: Recommendations
United States Department of Homeland Security
Mail Stop 1225
Washington, D.C. 20528-1225
Please note: If you are attempting to submit a case problem to the attention of the CIS Ombudsman, please follow the instructions listed under Case Problems.
Please note that the CIS Ombudsman is not part of USCIS. The CIS Ombudsman is a separate office within the Department of Homeland Security dedicated to improved national security, efficiency, and improved customer service in the immigration benefits process.
http://www.dhs.gov/xabout/structure/editorial_0501.shtm
