GoneSouth
01-24 11:07 AM
Get a second opinion from another attorney. Pay a consult fee if you need to. I've had several experiences with attorneys giving me suspicious answers, answers that don't match up with what I've researched, and just plain wrong advice.
If your attorney continues to give you bad / wrong advice, don't be afraid to fire them and get a new one, even if you've paid your fees up front. Avoiding trouble with a bad attorney will be more than worth the price paid for getting a new attorney.
- gs
(not bitter at all, hehe ;-) )
If your attorney continues to give you bad / wrong advice, don't be afraid to fire them and get a new one, even if you've paid your fees up front. Avoiding trouble with a bad attorney will be more than worth the price paid for getting a new attorney.
- gs
(not bitter at all, hehe ;-) )
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psaxena
05-04 11:16 AM
My case is in Nebarska.. is their an email for that location?
wow.... interesting post.
thanks.
i used ac21 to port and mailed uscis the info regarding the port. I wonder if i shud be resending that info using this new process.
Got to send this to my attorney and get her input.
wow.... interesting post.
thanks.
i used ac21 to port and mailed uscis the info regarding the port. I wonder if i shud be resending that info using this new process.
Got to send this to my attorney and get her input.
aubGC
03-19 09:24 AM
I think, you need 3 latest paystubs for your H1B transfer to another employer..
Please check with attorney for confirmation...Good Luck to you
Please check with attorney for confirmation...Good Luck to you
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SertTurk
07-19 05:10 PM
Yes, we have to go to Turkey for cosular processing since I accepted illegal employment and paid taxes for one year when we first came here.
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summerof98
10-24 01:38 PM
Under what circumstances can a Service Request be made?
mambarg
08-03 04:32 PM
This is exactly what everyone is doing.
All the 2001/2002 filers, converted themselves to EB2 to get a place in queue ahead.
Surely , you can file another EB2 140 and later when that becomes current, file another 485.
All the 2001/2002 filers, converted themselves to EB2 to get a place in queue ahead.
Surely , you can file another EB2 140 and later when that becomes current, file another 485.
more...
Sandeep
03-07 05:43 PM
The Program Assessment Rating Tool (PART) was developed to assess and improve program performance so that the Federal government can achieve better results. A PART review helps identify a program’s strengths and weaknesses to inform funding and management decisions aimed at making the program more effective. This is what the DOL's review (http://www.whitehouse.gov/omb/budget/fy2006/pma/labor.pdf) shows. It is very informative as we come to know that they themselves are admitting serious flaws
Page 211
Is the program design free of major flaws that would limit the program's effectiveness or
efficiency?
Answer: NO
Summary
The DOL admits that these are the problems:
- "current process is paper- intensive, duplicative in places, and inefficient"
- "vulnerability to fraud and abuse"
- The whole process is meaningless because "it could be years between the recruitment efforts described in an application to DOL and the time a labor certification issues or the alien adjusts to permanent resident status"
-"the certification itself lacks critical safeguards"
Page 213
Does the program have baselines and ambitious targets for its annual measures?
Answer: NO
"Program goals lack specific, ambitious annual targets. For example, the published backlog reduction targets would not result in elimination of the backlog in two years, as the program currently plans. And the goal to reduce processing time to six months for 90% of applications (currently 32 months) may not be either sufficiently tailored or ambitious for the new automated review process, if processing rates hold true to plan."
Summary
The DOL says that they have promised somethings but it is not doable !!!
Page 213
Are Budget requests explicitly tied to accomplishment of the annual and long- term performance goals, and are the resource needs presented in a complete and transparent manner in the program's budget?
Answer: NO
Like the rest of DOL, ETA does not have an integrated accounting and performance management system to identify the full cost of achieving this program's performance goals and support day- to- day operations.
Summary
The DOL says that they have no idea of how much it will cost. So how are they planning to go ahead and get the resources to clear off all the cases in the BECS?
Page 218
Do independent evaluations of sufficient scope and quality indicate that the program is effective and achieving results?
Answer: SMALL EXTENT
Ongoing stakeholder concerns and findings from program evaluations or OIG audits conducted in years past raise serious questions about the design,management, and accountability of the current program.
Summary
There are a lot of audits saying that there is something seriously wrong
Page 219
"The goal of eliminating the backlog by the end of FY 2006 is a result of an external evaluation conducted in 2002. Lengthy processing times are a majorconcern for program stakeholders. Though the goal is ambitious, there is a disconnect with the published targets, which cover only the state- level backlog of 270,000 cases (not the additional cases pending at the federal level) and would not accomplish the goal within two years."
Summary
Though they have stated that their goal is 2006 there is no way that is going to be true
And inspite of all this the program rates "ADEQUATE" ?
Page 211
Is the program design free of major flaws that would limit the program's effectiveness or
efficiency?
Answer: NO
Summary
The DOL admits that these are the problems:
- "current process is paper- intensive, duplicative in places, and inefficient"
- "vulnerability to fraud and abuse"
- The whole process is meaningless because "it could be years between the recruitment efforts described in an application to DOL and the time a labor certification issues or the alien adjusts to permanent resident status"
-"the certification itself lacks critical safeguards"
Page 213
Does the program have baselines and ambitious targets for its annual measures?
Answer: NO
"Program goals lack specific, ambitious annual targets. For example, the published backlog reduction targets would not result in elimination of the backlog in two years, as the program currently plans. And the goal to reduce processing time to six months for 90% of applications (currently 32 months) may not be either sufficiently tailored or ambitious for the new automated review process, if processing rates hold true to plan."
Summary
The DOL says that they have promised somethings but it is not doable !!!
Page 213
Are Budget requests explicitly tied to accomplishment of the annual and long- term performance goals, and are the resource needs presented in a complete and transparent manner in the program's budget?
Answer: NO
Like the rest of DOL, ETA does not have an integrated accounting and performance management system to identify the full cost of achieving this program's performance goals and support day- to- day operations.
Summary
The DOL says that they have no idea of how much it will cost. So how are they planning to go ahead and get the resources to clear off all the cases in the BECS?
Page 218
Do independent evaluations of sufficient scope and quality indicate that the program is effective and achieving results?
Answer: SMALL EXTENT
Ongoing stakeholder concerns and findings from program evaluations or OIG audits conducted in years past raise serious questions about the design,management, and accountability of the current program.
Summary
There are a lot of audits saying that there is something seriously wrong
Page 219
"The goal of eliminating the backlog by the end of FY 2006 is a result of an external evaluation conducted in 2002. Lengthy processing times are a majorconcern for program stakeholders. Though the goal is ambitious, there is a disconnect with the published targets, which cover only the state- level backlog of 270,000 cases (not the additional cases pending at the federal level) and would not accomplish the goal within two years."
Summary
Though they have stated that their goal is 2006 there is no way that is going to be true
And inspite of all this the program rates "ADEQUATE" ?
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amulchandra
02-06 07:39 PM
That's really nice. Even I heard a lot of success stories like your's. That's the reason I started approaching non-profit organizations for volunteering. But in may case it is working the other way round. May be because I am in to IT.
But this episode brought my morale down a little bit because for the first time I felt that I am an alien here.
Anyway I may have to think twice before approaching for volunteering again.....
But this episode brought my morale down a little bit because for the first time I felt that I am an alien here.
Anyway I may have to think twice before approaching for volunteering again.....
more...
indyanguy
06-29 07:28 PM
Thanks for the reply. Here's why it becomes more complicated. I asked my attorney about starting a new EB2 process (I have a MS from US). However, the attorney says he doesn't recommend starting a new PERM process as he strongly believes that this will affect the current EB3 I-140 application. He feels that USCIS will look at the ongoing EB3 application and deem it unnecessary to approve it (as I would have applied for a different position for EB2). Hence I might lose my PD !!
He suggests that I wait till my EB I-140 is approved. But that might take another year considering the slow NSC processing times!!
Any suggestions?
He suggests that I wait till my EB I-140 is approved. But that might take another year considering the slow NSC processing times!!
Any suggestions?
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glus
09-17 07:39 AM
Hi,
I can't wait. Sitting at my workplace now, I will be heading to DC right after work, not even stopping home. I am so happy I can be a part of this tremendous effort and unity of this unique group of people. I'll see you there. I'll try to make it to the situation room today at around 9pm if possible.
Regards,
Glus
I can't wait. Sitting at my workplace now, I will be heading to DC right after work, not even stopping home. I am so happy I can be a part of this tremendous effort and unity of this unique group of people. I'll see you there. I'll try to make it to the situation room today at around 9pm if possible.
Regards,
Glus
more...
bayarea07
03-20 05:44 PM
Well, if you go according to the Lawyer of this forum with which guys had a conference call (you can hear the recording thats on the home page of this site)
Then its advisable to apply in EB3 category and her reasoning was that with her experience she has seen lots of EB2 application in the past few years and very less EB3 apps and hence chances of EB3 being processed earlier than EB2 are quiet high.
I needed some advice on this situation I've found myself in.
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May, refiled Oct 07 with the current employer) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide on weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
Then its advisable to apply in EB3 category and her reasoning was that with her experience she has seen lots of EB2 application in the past few years and very less EB3 apps and hence chances of EB3 being processed earlier than EB2 are quiet high.
I needed some advice on this situation I've found myself in.
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May, refiled Oct 07 with the current employer) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide on weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
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Googler
07-18 10:13 PM
Hi Googler,
Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -
Clockwork,
The SOP --i.e. the step by step procedure given here in your 485 Stand Proc file (http://immigrationvoice.org/forum/attachment.php?attachmentid=138&d=1184798238) is badly outdated -- for example there is no mention of these horrifying name checks, how they are initiated, how they follow up(what is described there is the old version of background checks, none of that applies any more; the service center information is outdated etc etc.)
I think your "uscismanual" file is captured in the current CIS AFM (see link in Andy Garcia's post above) but it is not a step by step SOP, again there is no mention of security checks etc. As far as I know there is no publicly available version of the current SOP.
I wanted to point this out in case people go away thinking the world is still operating as described in that badly outdated file.
Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -
Clockwork,
The SOP --i.e. the step by step procedure given here in your 485 Stand Proc file (http://immigrationvoice.org/forum/attachment.php?attachmentid=138&d=1184798238) is badly outdated -- for example there is no mention of these horrifying name checks, how they are initiated, how they follow up(what is described there is the old version of background checks, none of that applies any more; the service center information is outdated etc etc.)
I think your "uscismanual" file is captured in the current CIS AFM (see link in Andy Garcia's post above) but it is not a step by step SOP, again there is no mention of security checks etc. As far as I know there is no publicly available version of the current SOP.
I wanted to point this out in case people go away thinking the world is still operating as described in that badly outdated file.
more...
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hope49
07-08 06:45 PM
Hi,
does anyone has experience working with satyam computers as a consultant on H1B ?
Thanks.
does anyone has experience working with satyam computers as a consultant on H1B ?
Thanks.
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Madhuri
11-26 12:09 PM
Is it really possible to move back to H1 with a new company from EAD, in case 1> you have approved 140
2> you have not used the entire of 3 year extension that you received b'cos of approved 140,and started using EAD.
I am not sure we can do this.
yes you can. Since your PD indicates your LC is >365 days old.
new H1 is same as transfer, there is no real difference in application etc. I assume you are moving from AOS-pending/EAD to an H1.
2> you have not used the entire of 3 year extension that you received b'cos of approved 140,and started using EAD.
I am not sure we can do this.
yes you can. Since your PD indicates your LC is >365 days old.
new H1 is same as transfer, there is no real difference in application etc. I assume you are moving from AOS-pending/EAD to an H1.
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November 21st, 2005, 02:38 PM
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rameshk75
02-12 03:14 PM
Am working for a GC sponsoring company and applied for 485 in August 2007 and received EAD, AP etc...
Can i change the company with a H1B transfer and invoking AC21? Am not willing to move to EAD.. My current H1B is valid until Sep'09.
Pls suggest the possiblities..
Can i change the company with a H1B transfer and invoking AC21? Am not willing to move to EAD.. My current H1B is valid until Sep'09.
Pls suggest the possiblities..
more...
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martinvisalaw
06-12 04:40 PM
You can apply for an EAD with a pending 485. However, I would be conservative in saying that you are really eligible for this only if you can avail of 485 portability. If the I-140 has been approved and the 485 has been pending for 180 days, then you are portable. If the I-140 has not been approved, the employer could revoke the I-140 and cause the 485 to be denied. This would cause an immediate end to your work authorization and Advance Parole also.
In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left). This way you could get a H-1B visa at a consulate and return in that status if necessary.
In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left). This way you could get a H-1B visa at a consulate and return in that status if necessary.
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rajarao
07-14 08:54 AM
I travelled thru Frankfurt last december. No need of Transit visa, no hassels; though Air-hostess that hands out I-94 card did not know what AP meant. I boarded at Bangalore airport and Lufthansa staff at check-in were aware of AP. At immigration in chicago, the guy gave me a short lecture- AP should be used only for emergency purpose etc; I jsut nodded and he stamped the I-94 and AP doc
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thakkarbhav
11-17 09:17 AM
DMV stopped issuing DL based on EAD card in Virginia. I guess it will be same for TX and other states. You need original I485 receipt to get one year extensiton. EAD no more valid document for extension.
arunoman
04-10 02:41 AM
Check with your attorney probably you can appeal to re open your case if you are sure that you have responded to the RFE "on time". Its very much possible.
meridiani.planum
02-29 12:09 PM
If your company is financially strong and can prove that they can pay your salary, then you will not have any problem. If your company is small and have only couple of consultants working and the earnings are less then you might have issues.
correct. Ability-to-pay is one of the 2 major causes of I-140 denials (education qualification typically being the other where you have a 3 year degree and your LC said 4).
If your employer is in good financial state you should be ok, if not, you might get a denial., so start preparing right now. Stay on H1, dont use EAD, just to be on the safe side... If you get a denial appeal immediately, and start another LC from another employer. Hope htat your appeal goes through (many people have successfully appeal ability-to-pay based denials)
correct. Ability-to-pay is one of the 2 major causes of I-140 denials (education qualification typically being the other where you have a 3 year degree and your LC said 4).
If your employer is in good financial state you should be ok, if not, you might get a denial., so start preparing right now. Stay on H1, dont use EAD, just to be on the safe side... If you get a denial appeal immediately, and start another LC from another employer. Hope htat your appeal goes through (many people have successfully appeal ability-to-pay based denials)
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