GreenCardLegion
03-25 06:36 PM
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
Thanks.
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
Thanks.
wallpaper White Blackberry Curve 3G:
pappu
07-30 10:25 AM
Pappu - I agree with you in totality that it is an opportunity wasted when people focus on the individual issues. But, after listening in on a couple of calls, I find the whole call to be not much of use as they always defer the question with 'we have asked the TSC to find out' or 'that is for the USCIS to answer'.
I appreciate a channel of communication and a watchdog for USCIS activities but when communicating regarding problems with USCIS, I see ombudsman's office as a level of indirection. They seem to identify problems, pass on as a report that gets nowhere or gets partially addressed.
If USCIS took cues and had allowed a conference call with the USCIS leadership directly, or if one of us (could be me but I need some ideas as to how to approach) could do such a thing, we could see far more benefit in gathering more significant problems and getting them answered.
I would rather hear the news from the 'horse's mouth' than listening to someone who barely has an influence. I would gladly stand corrected if history has shown otherwise.
USCIS leaders too have meetings where organizations can take part. But one has to go to DC and take part in them during office hours. IV has met with their leadership a few times for our admin fixes.
Other avenue to meet USCIS is via their state offices. I had passed this information to state chapter leaders many months ago so that they start building relationship with the office in each state assigned the task of interfacing with community groups like IV in each state. I know MI chapter had reported that they established contact but do not know if they pursued it further and if other chapters too succeeded in making progress.
These calls with Ombudsman are important because they are attended by USCS and probably other officials from DHS. It is a time to talk about policy matters, recommendations, response of these recommendations from USCIS, and delays in their implementation. That can help bring positive changes for everyone rather than questions about individual cases. Just my opinion.
I appreciate a channel of communication and a watchdog for USCIS activities but when communicating regarding problems with USCIS, I see ombudsman's office as a level of indirection. They seem to identify problems, pass on as a report that gets nowhere or gets partially addressed.
If USCIS took cues and had allowed a conference call with the USCIS leadership directly, or if one of us (could be me but I need some ideas as to how to approach) could do such a thing, we could see far more benefit in gathering more significant problems and getting them answered.
I would rather hear the news from the 'horse's mouth' than listening to someone who barely has an influence. I would gladly stand corrected if history has shown otherwise.
USCIS leaders too have meetings where organizations can take part. But one has to go to DC and take part in them during office hours. IV has met with their leadership a few times for our admin fixes.
Other avenue to meet USCIS is via their state offices. I had passed this information to state chapter leaders many months ago so that they start building relationship with the office in each state assigned the task of interfacing with community groups like IV in each state. I know MI chapter had reported that they established contact but do not know if they pursued it further and if other chapters too succeeded in making progress.
These calls with Ombudsman are important because they are attended by USCS and probably other officials from DHS. It is a time to talk about policy matters, recommendations, response of these recommendations from USCIS, and delays in their implementation. That can help bring positive changes for everyone rather than questions about individual cases. Just my opinion.
copsmart
02-01 09:15 AM
The worst meter I have ever seen is the Chennai Auto rickshaw meter. :D
Your electric meter is much tampered than that! Congratulations!!! Your meter broke the record!
BTW, did you check the meter reading?
The guy who collected the reading might have noted a wrong number. Probably, he noted the numbers from the adjacent meter. :)
Your electric meter is much tampered than that! Congratulations!!! Your meter broke the record!
BTW, did you check the meter reading?
The guy who collected the reading might have noted a wrong number. Probably, he noted the numbers from the adjacent meter. :)
2011 Logo, lackberry pictures
chanduv23
03-16 09:22 AM
guys I am in a similar boat....unfortunately, my wife did not get matched this year because we were only trying for programs that sponsor H1....We have heard bad stories about J1.....but in that process she missed getting a residency spot this year......do you guys mind sharing which hospitals your wives are doing their residency at?.....any suggestions for us?....do they know of any open positions?
thanks
Lot of people seeking h1b with excellent qualifications and credentials could not make it this year. This may get even worse based on retrogression.
What is really happening is, most of residency application initial screening is done by residency coordinators. They don't know what is happening around. They follow protocols, say a program has 20 seats and 500 applications, they will filter based on citizen, GC and some H1b/J1 etc.... Now due to retrogression, a lot of h4 not having EAD or GC which was not case earlier as people keep getting GC or EAD and fall have more competition in the EAD/GC area, but now it is like, out if 500 applications alomst 300 would be h1b /J1 seekers and programs decide to filter a lot fo them and just interview a few. Out of few h1b/j1 seekers getting interviewed, many may have UK clinical experience (they are most preferred as they are considered a perfect fit).
On the other hand, a lot of h1b/J1 seekers have strong strong recomendations. Especially those doctors who have son's/daughters/nephew/relatives etc... all community hospitals fill up some of their h1b/J1 seats in this manner. And this is also a growing trend.
Some people join hospitals as research/observerships/externships and do their best to create an impression, and in some cases these candidates are considered for a resdency onn h1b/J1.
So, it is not a straight forward process.
You may try St Barnabas, Bronx Lebanon hospital, and other programs in Bronx, where some seats do get left out even till the end, and I have heard that if you keep persistantly approaching them and show interest they will consider if they have an option.
But overall, retrogression seems to be a main cause for flooding of H1b seekers in residency, this has made it relatively easy for GC/EAD/Citizen to get into residency programs without competition
thanks
Lot of people seeking h1b with excellent qualifications and credentials could not make it this year. This may get even worse based on retrogression.
What is really happening is, most of residency application initial screening is done by residency coordinators. They don't know what is happening around. They follow protocols, say a program has 20 seats and 500 applications, they will filter based on citizen, GC and some H1b/J1 etc.... Now due to retrogression, a lot of h4 not having EAD or GC which was not case earlier as people keep getting GC or EAD and fall have more competition in the EAD/GC area, but now it is like, out if 500 applications alomst 300 would be h1b /J1 seekers and programs decide to filter a lot fo them and just interview a few. Out of few h1b/j1 seekers getting interviewed, many may have UK clinical experience (they are most preferred as they are considered a perfect fit).
On the other hand, a lot of h1b/J1 seekers have strong strong recomendations. Especially those doctors who have son's/daughters/nephew/relatives etc... all community hospitals fill up some of their h1b/J1 seats in this manner. And this is also a growing trend.
Some people join hospitals as research/observerships/externships and do their best to create an impression, and in some cases these candidates are considered for a resdency onn h1b/J1.
So, it is not a straight forward process.
You may try St Barnabas, Bronx Lebanon hospital, and other programs in Bronx, where some seats do get left out even till the end, and I have heard that if you keep persistantly approaching them and show interest they will consider if they have an option.
But overall, retrogression seems to be a main cause for flooding of H1b seekers in residency, this has made it relatively easy for GC/EAD/Citizen to get into residency programs without competition
more...
worriedsoul
09-25 04:32 PM
They forgot to metion one more track, "Are you jewish?", as they have lots of programs for jewish people to migrate into united states. I was suprised to meet so many of so called jews in my office from all over the world (mainly from Russia, Ukarine and such..) who come in through those programs. They are eligible to apply for green card as soon as they enter United States and get it in no time. And can apply for citizenship after 5 years just like everyone else.
desidude
08-04 02:48 PM
Mine is pending at NSC since 7th May 2007 under EB2. I can't explain my frustation in words... Don't know what to do...
more...
seahawks
09-09 11:52 PM
Will there be merchandise sold locally when we come for the rally for us to buy since there may be no time for us to order and get it on time back in Seattle? We leave Seattle on Friday early hours (Sep 14th)
2010 White Blackberry Torch 9800
yabadaba
06-22 05:31 PM
yes typically it is the Service center that has approved your 140
more...
GCSeekerCT
08-22 07:35 AM
Again, I thank the community here for being supportive and hearing me out.
After considering your valuable suggestions, it only makes sense in waiting at this point, per my evaluation as well.
What are a few months in the game where I have waited this long ?
Just for the record, a major factor in this decision is that "I am not being abused by my current employer". (this is for someone in our situation who IS being abused or given a hard time by the employer)
If one wanted to, one can get out of a messy situation with the employer, thanks to AC21.
Thanks much
After considering your valuable suggestions, it only makes sense in waiting at this point, per my evaluation as well.
What are a few months in the game where I have waited this long ?
Just for the record, a major factor in this decision is that "I am not being abused by my current employer". (this is for someone in our situation who IS being abused or given a hard time by the employer)
If one wanted to, one can get out of a messy situation with the employer, thanks to AC21.
Thanks much
hair BlackBerry Torch 9800 is now
rkotamurthy
09-30 08:10 PM
bump ^^^^
more...
krishmunn
03-04 12:24 PM
I had a similar situation but there are no client site involved (in my case my office itself moved to a new location , albeit in the same Metro).
I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)
*******
655.715 Definitions.
Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;
***
20 CFR 655.734 (a) (2)
(2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.
(b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.
****
Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),
1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .
2) When one move to a different Metro (or out of commutable area), a new LCA is required.
It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.
Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.
I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)
*******
655.715 Definitions.
Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;
***
20 CFR 655.734 (a) (2)
(2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.
(b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.
****
Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),
1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .
2) When one move to a different Metro (or out of commutable area), a new LCA is required.
It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.
Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.
hot N4BB spotted that Vodafone UK
Dhundhun
07-10 01:43 AM
.. X made appeal and you continued working with X. Why do you think this to be illegal?
.. Y applied for H-1B transfer and it got approved. So why do you think problem in joining Y?
.. I think passport validity of six months used to be OK for Visa Stamping. Check this one. Preferably it is better to get new passport - people are getting some times stuck for months in PIMS.
.. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.
.. Y applied for H-1B transfer and it got approved. So why do you think problem in joining Y?
.. I think passport validity of six months used to be OK for Visa Stamping. Check this one. Preferably it is better to get new passport - people are getting some times stuck for months in PIMS.
.. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.
more...
house The Blackberry Torch White has
harsh
01-12 02:04 PM
Any body else from Alabama? Please sign up here if you are from alabama. Lets start our state chapter activities. I am willing to take the lead to start the activities. So all you alabama residents please sign up.
tattoo BlackBerry Torch in white
nortam1
09-15 02:04 PM
Can't see them. Already refreshed and deleted cookies.
Anyway, can anyone tell me what's the processing date for EAD I485 based at NSC?
Anyway, can anyone tell me what's the processing date for EAD I485 based at NSC?
more...
pictures Blackberry+torch+in+white
digitalborealis
01-10 06:22 AM
No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.
D
D
dresses Blackberry+torch+white+
lostinbeta
10-21 01:19 AM
I actually agree with rev now.... I think the location of the text is what is making it look like there are too many empty spaces.... where if you offset the text it will be one big open space instead of a bunch of big ones.
I think that will make it look better.
I think that will make it look better.
more...
makeup Blackberry+torch+in+white+
tnite
06-18 12:10 PM
thanks tnite!!!... u r right my opt/h1b overlaped comfortably and i was never out of status
But the problem is that you have to send in a copy of your H1B visa for I485.
The visa will mention the fact that it was issued in May 2007
USCIS might ask you 'Place of last entry: 2000" and how come you have a visa with a issue date of May 2007.
That means that you were at a US port of entry recently.
I think putting your canadian date is the best option.(My opinion)
You can always tell USCIS that you were issued a visa in Canada and technically you left the US and came back again in May 2007
But the problem is that you have to send in a copy of your H1B visa for I485.
The visa will mention the fact that it was issued in May 2007
USCIS might ask you 'Place of last entry: 2000" and how come you have a visa with a issue date of May 2007.
That means that you were at a US port of entry recently.
I think putting your canadian date is the best option.(My opinion)
You can always tell USCIS that you were issued a visa in Canada and technically you left the US and came back again in May 2007
girlfriend Blackberry+torch+release+
wandmaker
03-15 11:02 AM
is appreciated at IV. This is in addition to any other contributions (either time or money) to IV. :)
I meant "Recurring monthly Contribution" :)
Let us setup a recurring contribution funding drive -
Needhelp / janilsal - can you guys set one up, I will keep bumping with my pledges as usual.
I meant "Recurring monthly Contribution" :)
Let us setup a recurring contribution funding drive -
Needhelp / janilsal - can you guys set one up, I will keep bumping with my pledges as usual.
hairstyles Blackberry+torch+white+
arnab221
11-02 12:42 PM
There we go again .. So much Hoopla.. and then we are back to square one .. Thats Normal these days .
immi2006
05-31 09:45 AM
My close friend mentioned - recently aged parents of a Cisco Systemss manager came from Madras. They arrived in SFO and were asked to go back, since they had come here a year before and had asked for an extension of visa from 6 months to 1 year, they stayed and then went back. They came back this year to visit and were denied entry at Port of ENtry. His parents were in 75 years range and have vowed not to come back.
I believe their doucmented were in order otherwise. So it is tough to take things for granted.
I believe their doucmented were in order otherwise. So it is tough to take things for granted.
gova123
08-14 03:31 PM
I-485 AD: Jul-02-2007
I-485 ND: Jul-31-2007
still waiting for fingerprint notice.
You don't need no FP if your AD of I-485 is Jul 02...., Just kidding my friend....
Anyway, I have applied along with my wife on Jul 19, No receipts yet......
I-485 ND: Jul-31-2007
still waiting for fingerprint notice.
You don't need no FP if your AD of I-485 is Jul 02...., Just kidding my friend....
Anyway, I have applied along with my wife on Jul 19, No receipts yet......
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