chanukya
05-17 10:55 PM
Sorry about my statement, I stand corrected, if you are US Masters and above plus member of profession, you still are not exempt from LC Process, however, special handling of LC in your case will take place, like the measure by DOL will be looking for US Citizens equally qualified ratehr than able, willing and qualified.
USCIS Section 212(a)
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts
(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.''.
Bottom line US Masters and above still need LC, Only thing is they are not counted against Quota....which is the biggest releif ever...
USCIS Section 212(a)
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts
(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.''.
Bottom line US Masters and above still need LC, Only thing is they are not counted against Quota....which is the biggest releif ever...
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vipatel3
10-19 03:55 AM
Hi ,
Do you know anyone whose documents were sent back in error by USCIS staff on confusion over Fees increase ? How did it impact re-filing
Do you know anyone whose documents were sent back in error by USCIS staff on confusion over Fees increase ? How did it impact re-filing
GlobalCitizen
07-26 09:05 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
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javadeveloper
07-18 10:08 PM
found this one too
http://candleforlove.com/forums/index.php?showtopic=14653
http://candleforlove.com/forums/index.php?showtopic=14653
more...
whiteStallion
03-31 12:27 AM
Congratulations !
LOL123
02-13 03:41 PM
Folks,
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
more...
Riakapoor
09-16 04:10 PM
you can apply for UI - Unemployment insurance, NOT Unemployment benefit. The first is an insurance, the second a benefit that will impact your GC application.
Does that not effect our GC process at all? Do you know the time limit to apply for UI? I mean with in how many days after getting laid off can I apply for UI?
Thanks a ton!
Does that not effect our GC process at all? Do you know the time limit to apply for UI? I mean with in how many days after getting laid off can I apply for UI?
Thanks a ton!
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InTheMoment
08-04 02:24 PM
Sure...cannot deny your experience, but since my spouse had gone twice to the SS office, first to change her name and then to remove the restrictions after GC and I as well; on all occasions we were never asked for the old SS nor did they take it when we offered. They specifically mentioned that they do not need to see old cards. So if you surrendered, good for you.
That said, I would say, it is better to destroy old SS cards to avoid confusion in our records as well as... why have old useless cards with SS numbers on them lurking around anyways. I shredded ours at home :p
We cannot keep 2 Social Security cards at the same time.
They took my card and put into a drawer containing old returned card.
I have seen an american women infront of me apply for a new card after her name change(after marrige). They took her old card and put into the drawer.
You can apply for a new card without the old card if you inform the card is lost.
You can replace your Social Security card if it is lost or stolen. You are limited to three replacement cards in a year and 10 during your lifetime.
Name change, taking out the restrictions will not count towards the replacement limit.
That said, I would say, it is better to destroy old SS cards to avoid confusion in our records as well as... why have old useless cards with SS numbers on them lurking around anyways. I shredded ours at home :p
We cannot keep 2 Social Security cards at the same time.
They took my card and put into a drawer containing old returned card.
I have seen an american women infront of me apply for a new card after her name change(after marrige). They took her old card and put into the drawer.
You can apply for a new card without the old card if you inform the card is lost.
You can replace your Social Security card if it is lost or stolen. You are limited to three replacement cards in a year and 10 during your lifetime.
Name change, taking out the restrictions will not count towards the replacement limit.
more...
mambarg
08-15 12:15 PM
INS has already issued receipts for July 2nd filer.
IF you are before it , then you have to file again by tomorrow.
Why take risk.
They might have lost application .
Second filing is justified in your case.
IF you are before it , then you have to file again by tomorrow.
Why take risk.
They might have lost application .
Second filing is justified in your case.
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nk2006
07-05 12:58 PM
possible reasons
(i)USCIS dont want to see a large number applications - as Ombudsman report indicated their performance is measured based on how much time it took to process an application. If they accept 485 applications only to keep them longer it will skew their performance benchmarks to their disadvantage. (ii)Also they just dont want to work for the rest of this financial year. By making visas unavailable their work load might have come down dramatically.
(iii)Ego clashes between some higher ups between DOS and USCIS; OR the communication gap between these two orgs is just too much.
(iv) Too may anti-immigrant who wants to screw legal-immigrants at any given opportunity. This is possible too...on numbersusa website there are special instructions/appeals to USCIS staff to do a few things and also to get some info on H1b filings, I140 filings etc. Maybe these activist employees have grown in size with tacit support from higher ups.
Of course all of these are just speculations. BUT I still could not understand why USCIS went out of its way (processing 60k applicaitons in one month; 18k in one day is certainly going way toooooooo much out of their way based on their normal efficiency) to process. I am sure they might have approved many cases which they could not have done normally. Finding out this aspect should might yield a very good story for a journalist - we should highlight this aspect in our letters to media.
(i)USCIS dont want to see a large number applications - as Ombudsman report indicated their performance is measured based on how much time it took to process an application. If they accept 485 applications only to keep them longer it will skew their performance benchmarks to their disadvantage. (ii)Also they just dont want to work for the rest of this financial year. By making visas unavailable their work load might have come down dramatically.
(iii)Ego clashes between some higher ups between DOS and USCIS; OR the communication gap between these two orgs is just too much.
(iv) Too may anti-immigrant who wants to screw legal-immigrants at any given opportunity. This is possible too...on numbersusa website there are special instructions/appeals to USCIS staff to do a few things and also to get some info on H1b filings, I140 filings etc. Maybe these activist employees have grown in size with tacit support from higher ups.
Of course all of these are just speculations. BUT I still could not understand why USCIS went out of its way (processing 60k applicaitons in one month; 18k in one day is certainly going way toooooooo much out of their way based on their normal efficiency) to process. I am sure they might have approved many cases which they could not have done normally. Finding out this aspect should might yield a very good story for a journalist - we should highlight this aspect in our letters to media.
more...
Al6200
05-06 09:02 AM
I never said it was. What I am saying is that it's off topic considering what he wants to achieve.
He will? Why?
Again, that's got nothing to do with the desire to learn Win32.
And so can using the WPF in .NET, but how does that help with learning Win32?
Sorry for going a little off topic... I just was showing him some things related to Win32, like if I showed him MFC or COM.
Anywho, Win32 is a pretty cool API. One thing I'd recommend is Visual Studio's help files, or just creating a project in visual studio where the Win32 code is written in automatically, and then studying that code.
If you're not using Visual Studio, a highly recommend you use it as a compiler. There is a scaled down free version.
He will? Why?
Again, that's got nothing to do with the desire to learn Win32.
And so can using the WPF in .NET, but how does that help with learning Win32?
Sorry for going a little off topic... I just was showing him some things related to Win32, like if I showed him MFC or COM.
Anywho, Win32 is a pretty cool API. One thing I'd recommend is Visual Studio's help files, or just creating a project in visual studio where the Win32 code is written in automatically, and then studying that code.
If you're not using Visual Studio, a highly recommend you use it as a compiler. There is a scaled down free version.
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retropain
09-05 01:47 PM
The CIR includes increases in legal immigration. If the dems take the house, then the house alongwith the already pro-immigrant senate will pass big increases in immigration (family and eb). If i was a republican, i would try to pass CIR after the november elections and before the new congress in January, when he party still has some control. If the dems solve the immigration issue in the next congress when they have the reins, the hispanic vote will heavily tilt democratic for a long time to come.
more...
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mantagon
07-15 01:06 PM
EAD is not a status. So how does her status change?
Well, the first statement is true; the second, however is not. When one starts to work on EAD, his/her status changes to AOS, assuming his/her I-485 is pending. So, in this case, she will no longer be considered being on H4.
Well, the first statement is true; the second, however is not. When one starts to work on EAD, his/her status changes to AOS, assuming his/her I-485 is pending. So, in this case, she will no longer be considered being on H4.
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smuggymba
07-28 02:26 PM
Your Payments When You Are Outside The United States (http://ssa.gov/international/countrylist4.htm) ??? What does this mean .... looks like you can claim benefits.
hmm..we need to double check then. there was a huge discussion here, can u search that thread...i'll check also
hmm..we need to double check then. there was a huge discussion here, can u search that thread...i'll check also
more...
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nozerd
01-17 09:35 AM
Go ahead and apply for a birth certificate from your nearest US Embassy/Consulate.
You will need one anyway when you do file I 485 or CP so might as well keep it ready now.
You will need one anyway when you do file I 485 or CP so might as well keep it ready now.
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gc_in_30_yrs
09-12 07:20 PM
If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.
But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.
more...
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aj1234567
12-21 12:40 PM
Hi-
Can any body please tell me how to start new thread in this forum..
Thanks
Aj
Can any body please tell me how to start new thread in this forum..
Thanks
Aj
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eb3stuck
09-22 07:20 PM
Well, I don't see a problem with that. If you can file 485 without clearing 140, why can't you file 485 without clearing labor?
We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.
I think this is still in USICS control to allow I485 to file even if priority date is not current.
We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.
I think this is still in USICS control to allow I485 to file even if priority date is not current.
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Life2Live
12-10 01:00 PM
It looks like it is not even safe using AC21 after 180 days. Look at the following thread:
http://immigrationvoice.org/forum/showthread.php?t=15993
His I-140 revoked after 2.5 years...ridiculous..
http://immigrationvoice.org/forum/showthread.php?t=15993
His I-140 revoked after 2.5 years...ridiculous..
gjoe
11-09 07:07 PM
Lawyers are suckers. There are like leeches ( always there are exceptions though)
San_Chez
03-19 01:33 PM
Hello jnrajan and King37:
I am planning to apply to Canadian PR. Can you help me with information?
Many thanks!
I am planning to apply to Canadian PR. Can you help me with information?
Many thanks!
