ameryki
07-16 11:42 AM
Hello,
I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.
Thank you
While I do not have first hand experience. I do not believe the IO will care about your employment status or employer given that you have an AP don't recall anyone here saying that they were asked about the employer when using AP to enter.
I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.
Thank you
While I do not have first hand experience. I do not believe the IO will care about your employment status or employer given that you have an AP don't recall anyone here saying that they were asked about the employer when using AP to enter.
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optimist578
02-12 01:48 PM
Currently its taking the same amount of time at both Nebraska & Texas service centers.
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
My regular I-140 case took Nov - Feb at NSC.
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
My regular I-140 case took Nov - Feb at NSC.
rajpatelemail
01-15 06:40 AM
Are we screwed by DOL ? -Changing Environment of PERM Labor Certification Application
From immigratgion-law.com Mathew Oh Blog link--->>>
01/15/2009: Changing Environment of PERM Labor Certification Applications
I reported quite earlier and repeatedly the changes in the PERM application process, most noticeably since August 2007. The change was in part triggered by the political pressures relating the various release of fraud investigation reports involving foreign labor certifications. Accordingly, the DOL adopted "integrity" as the focus and goal for the PERM program beginning from FY 2008. As part of the move, it has been reengineering the PERM and termporary labor certification programs including revision of the filing forms (ETA 9089 and ETA 9035). The rule making process for such changes has lately been completed and as a preparatory step to launch the reengineered foreign labor certification program, they have just announced that they are scheduling briefing sessions in the first part of February 2009 for the public and stakeholders to introduce the new program. Initial information indicated that the new program was going to be launched in the late Spring, but this briefing schedules more or less imply that the change in PERM application may come somewhat sonner than the "late" Spring. The reengineered ETA 9089 incorporates many features that are intended and targeted to achieve integrity of the labor certification process. For the reasons, the DOL performance report lowered the target processing time from less than two months in earlier days to six months. Surprisingly, though, even before they launched the new PERM program, the processing times have already reached six months or longer, partly owing to the lawsuit settlement and case loads with earlier priority dates under the settlement turned into the regular non-audit processing queue. Reportedly, this and other factors have caused recent priority date cases caught and frozen in the processing queue. Until recently, no approval of cases with priority dates later than May 2008 has been reported. However, people start seeing reports during the last few days that June 2008 cases have been adjudicated and certified, implying that the impact of the aftermath of the lawsuit settlement started diminishing. However, the immigrant community may not see any dramatic changes in the processing times in the future because of the upcoming launch of the reengineered PERM program.
Another environment, other than program focus on "integrity," that will cause continuous and difficult labor certification process is the economic recess producing massive unemployment. Since availability of certification of PERM applications should be footed on "unavailability" of qualified and "available" U.S. workers, it appears that the Office of Foreign Labor Certification is launching mechanisms to achieve "integrity" of labor certification under the ever increasing unemployment rate since rising unemployment implies that more and more qualified U.S. workers may be available in the labor markets in various areas and regions. One mechanism which they have already announced is to conduct research of unemployment rate in the job site locations and its surrounding areas by reaching commercial and noncommercial websites before they adjudicate the applications. Related to this mechanism, it appears that the adjudicators may mobilize "supervised recruitment" mechanism to require the employer's rerecruitment activities under the supervision of the OFLC when they consider or suspect the employers' claims of unavailability of U.S. workers are considered dubious considering various circumstances, including the changing labor market conditionss and high unemployment situation in the areas. Potential use of the second mechanism may be implied from the FAQs on Supervised Recruitment which the office has just released on its website. The announcement states that clean supervised recruitment cases may be completed in about six months, but it is obvious that most of these cases may take much and much longer than six months. Another fall-out of potential focus on supervised recruitment mechanism is the accompanying policy of pogtential increased debarment of employers and lawyers who are suspected to file PERM applications with misrepresentations. Accordingly, the byproduct of exercise of the supervised recruitment will be more likely increase in the number of debarment of employers and their representatives.
Under the changing environment, what should the employers do? (1) They should quickly familiarize themselves with the new PERM program. Since the new form requires different standards and procedures, their ongoing receruitment may produce a result that does not conform with the new program. Participation in the upcoming breafing sessions in San Diego and Washington D.C metropolitan area in the first week of February may be one way to achieve it. (2) Employers and representatives may initiate their own research on the changing labor market situation in the area where the application is filed and may be prepared for potential supervised recruitment decisions of the agency, should they find the unemployment rate is exceedingly high or the employers themselves have the record of lay-off of their own employees. All of these may have to be done before they develop recruitment plans and strategies. (3) Employers should review and comply, as closely as possible, with the O*Net job zones and acceptable level of education, experience, and special requirements under the O'Net system. ghe more the employer deviates in requirement from the job zone standards, the more they may face challenges including audits and even supervised recruitment. Considering the prediction of further increase of unemployment rate and deterioration of nation's economy this year, the foregoing may be a challenging task for the employers
From immigratgion-law.com Mathew Oh Blog link--->>>
01/15/2009: Changing Environment of PERM Labor Certification Applications
I reported quite earlier and repeatedly the changes in the PERM application process, most noticeably since August 2007. The change was in part triggered by the political pressures relating the various release of fraud investigation reports involving foreign labor certifications. Accordingly, the DOL adopted "integrity" as the focus and goal for the PERM program beginning from FY 2008. As part of the move, it has been reengineering the PERM and termporary labor certification programs including revision of the filing forms (ETA 9089 and ETA 9035). The rule making process for such changes has lately been completed and as a preparatory step to launch the reengineered foreign labor certification program, they have just announced that they are scheduling briefing sessions in the first part of February 2009 for the public and stakeholders to introduce the new program. Initial information indicated that the new program was going to be launched in the late Spring, but this briefing schedules more or less imply that the change in PERM application may come somewhat sonner than the "late" Spring. The reengineered ETA 9089 incorporates many features that are intended and targeted to achieve integrity of the labor certification process. For the reasons, the DOL performance report lowered the target processing time from less than two months in earlier days to six months. Surprisingly, though, even before they launched the new PERM program, the processing times have already reached six months or longer, partly owing to the lawsuit settlement and case loads with earlier priority dates under the settlement turned into the regular non-audit processing queue. Reportedly, this and other factors have caused recent priority date cases caught and frozen in the processing queue. Until recently, no approval of cases with priority dates later than May 2008 has been reported. However, people start seeing reports during the last few days that June 2008 cases have been adjudicated and certified, implying that the impact of the aftermath of the lawsuit settlement started diminishing. However, the immigrant community may not see any dramatic changes in the processing times in the future because of the upcoming launch of the reengineered PERM program.
Another environment, other than program focus on "integrity," that will cause continuous and difficult labor certification process is the economic recess producing massive unemployment. Since availability of certification of PERM applications should be footed on "unavailability" of qualified and "available" U.S. workers, it appears that the Office of Foreign Labor Certification is launching mechanisms to achieve "integrity" of labor certification under the ever increasing unemployment rate since rising unemployment implies that more and more qualified U.S. workers may be available in the labor markets in various areas and regions. One mechanism which they have already announced is to conduct research of unemployment rate in the job site locations and its surrounding areas by reaching commercial and noncommercial websites before they adjudicate the applications. Related to this mechanism, it appears that the adjudicators may mobilize "supervised recruitment" mechanism to require the employer's rerecruitment activities under the supervision of the OFLC when they consider or suspect the employers' claims of unavailability of U.S. workers are considered dubious considering various circumstances, including the changing labor market conditionss and high unemployment situation in the areas. Potential use of the second mechanism may be implied from the FAQs on Supervised Recruitment which the office has just released on its website. The announcement states that clean supervised recruitment cases may be completed in about six months, but it is obvious that most of these cases may take much and much longer than six months. Another fall-out of potential focus on supervised recruitment mechanism is the accompanying policy of pogtential increased debarment of employers and lawyers who are suspected to file PERM applications with misrepresentations. Accordingly, the byproduct of exercise of the supervised recruitment will be more likely increase in the number of debarment of employers and their representatives.
Under the changing environment, what should the employers do? (1) They should quickly familiarize themselves with the new PERM program. Since the new form requires different standards and procedures, their ongoing receruitment may produce a result that does not conform with the new program. Participation in the upcoming breafing sessions in San Diego and Washington D.C metropolitan area in the first week of February may be one way to achieve it. (2) Employers and representatives may initiate their own research on the changing labor market situation in the area where the application is filed and may be prepared for potential supervised recruitment decisions of the agency, should they find the unemployment rate is exceedingly high or the employers themselves have the record of lay-off of their own employees. All of these may have to be done before they develop recruitment plans and strategies. (3) Employers should review and comply, as closely as possible, with the O*Net job zones and acceptable level of education, experience, and special requirements under the O'Net system. ghe more the employer deviates in requirement from the job zone standards, the more they may face challenges including audits and even supervised recruitment. Considering the prediction of further increase of unemployment rate and deterioration of nation's economy this year, the foregoing may be a challenging task for the employers
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arihant
05-25 07:34 PM
There was no provision for validating visas in the US, at least not in our Brownback amendment. I am not aware of that being a rider on any other amendment -- but I wouldnt' rule it out
We will have to do a post-final-bill-with-amendments analysis.
Please hold on till that becomes available.
Thanks,
Berkeleybee
It was in Cornyn ammendment.
We will have to do a post-final-bill-with-amendments analysis.
Please hold on till that becomes available.
Thanks,
Berkeleybee
It was in Cornyn ammendment.
more...
gc_check
06-13 08:21 AM
IV core shud approach republicans who are saying no amnesty to law breakers.
Let us approach them and convince them to bring amendments to reward law abiding people like us.
Core along with the lobbyist will certainly be looking for all available options, to work on.... But this is affected by the funds they have also.... Non-core can assist with the action items proposed by the core and with the funds.
Let us approach them and convince them to bring amendments to reward law abiding people like us.
Core along with the lobbyist will certainly be looking for all available options, to work on.... But this is affected by the funds they have also.... Non-core can assist with the action items proposed by the core and with the funds.
santa123
09-10 08:02 AM
http://mumbai.usconsulate.gov/cut_off_dates.html
:mad:
:mad:
:mad:
:mad:
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vnsriv
07-20 03:32 PM
Can you not get a letter from your church/temple in India?
Mnay people in India have only the church/temple marraige registration. THEN THEY REGISTER THEIR MARRAIGE (MAY BE AFTER FEW YEARS) IN THE SU-REGISTRARS OFFICE.
Such a marriage letter, affidavits and your new US marraige certificate shoudl work fine. If an rfe COMES, YOU MIGHT NEED TO EXPLAIN WHY YOU GOT Married in US agian.
Excerpt from US Embessay
Religious Ceremonies
In India, a religious marriage ceremony is considered a legal marriage. However, for Hindus, Jains, Sikhs and Buddhists, the certificate issued by the temple or gurudwara may not be legally sufficient for all purposes. Rather, members of these religions may seek a formal marriage certificate from the Registrar of Marriages. If one of the parties is a U.S. citizen, the registrar may request a �no objection letter� from the U.S. Embassy or Consulate, and also may request proof of termination of any previous marriages, before a marriage certificate will be issued.
If the parties are married in a Christian, Muslim, Parsi, Jewish, Baha�i or other religious ceremony, the certificate issued by the religious authority (e.g., the church�s marriage certificate, the mosque�s nikah nama, etc.) generally is sufficient proof of marriage, and no certificate from the marriage registrar is necessary.
Mnay people in India have only the church/temple marraige registration. THEN THEY REGISTER THEIR MARRAIGE (MAY BE AFTER FEW YEARS) IN THE SU-REGISTRARS OFFICE.
Such a marriage letter, affidavits and your new US marraige certificate shoudl work fine. If an rfe COMES, YOU MIGHT NEED TO EXPLAIN WHY YOU GOT Married in US agian.
Excerpt from US Embessay
Religious Ceremonies
In India, a religious marriage ceremony is considered a legal marriage. However, for Hindus, Jains, Sikhs and Buddhists, the certificate issued by the temple or gurudwara may not be legally sufficient for all purposes. Rather, members of these religions may seek a formal marriage certificate from the Registrar of Marriages. If one of the parties is a U.S. citizen, the registrar may request a �no objection letter� from the U.S. Embassy or Consulate, and also may request proof of termination of any previous marriages, before a marriage certificate will be issued.
If the parties are married in a Christian, Muslim, Parsi, Jewish, Baha�i or other religious ceremony, the certificate issued by the religious authority (e.g., the church�s marriage certificate, the mosque�s nikah nama, etc.) generally is sufficient proof of marriage, and no certificate from the marriage registrar is necessary.
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munshiviral
10-26 02:55 PM
Hi Guys,
Thanks for the feedback. Still I am little bit confused so here are my very specific questions.
1. Can I work for a US firm which has office in India while staying in India?
2. I asked about EAD because I thought that I am still employed with US firm the only difference is that my work location is India and not US. I still get pain in US salary, in that case do i need EAD? Can my GC process continue without me visiting US now and then?
3. Can I still renew my AP/EAD while i am out of US working for US firm and getting paid in US salary but work location in India?
Thanks,
Mickey
Thanks for the feedback. Still I am little bit confused so here are my very specific questions.
1. Can I work for a US firm which has office in India while staying in India?
2. I asked about EAD because I thought that I am still employed with US firm the only difference is that my work location is India and not US. I still get pain in US salary, in that case do i need EAD? Can my GC process continue without me visiting US now and then?
3. Can I still renew my AP/EAD while i am out of US working for US firm and getting paid in US salary but work location in India?
Thanks,
Mickey
more...
glus
01-24 01:29 PM
I just checked with my Lawyer. I am a July 2 receipt guy and my 180 days got over. Currently my wife moved from her H1B(not stamped yet, she moved from H4 to H1) to EAD and I am still on H1B.
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
It is generally advisable to remain in H1 as long as possible. Your attorney does not seem to be providing right info. No, there can't be any issues when you renew EAD. EAD have no dependence on H1 status.
My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).
Please advise
It is generally advisable to remain in H1 as long as possible. Your attorney does not seem to be providing right info. No, there can't be any issues when you renew EAD. EAD have no dependence on H1 status.
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roseball
04-19 10:49 PM
The reason you did not get an approval with I-94 is that it seems your current status is valid only till May and I am not sure if your attorney included the documents (I-20) mentioning that you will be enrolled in Kaplan from June - Oct......USCIS wont approve a H1 with I-94 if you do not show evidence that you have valid status till Oct 1st.....
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Sakthisagar
04-06 02:56 PM
I think 3 years degrees and experience are ok for EB3 category.
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psvk
05-20 12:32 AM
mrane1,
Did you get back the documents from USCIS ? I too have done similar mistake sending the applications 2 days in advance. Not sure when would I get the application back.
Did you guys get a receipt notice, In my case I did.
Did you get back the documents from USCIS ? I too have done similar mistake sending the applications 2 days in advance. Not sure when would I get the application back.
Did you guys get a receipt notice, In my case I did.
more...
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WeShallOvercome
07-18 12:05 PM
I think it has to be either you or your lawyer. No third party should get any communication from USCIS. So I guess you'll get it - if at all they send it back.
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ramraj_02
10-20 09:20 AM
On a different note, how safe it is to go for Visa stamping in Canada. My visa stamp in passport expired last year, my H1B is valid untill end of 2007. Will it be ok to go to canada for visa stamping at this stage. Please let me know if anybody has any good/bad experiences with this process.
Thanks
Hi, I have been through canada for my last visa stamping, Went to montreal had no problem at all.
Thanks
Hi, I have been through canada for my last visa stamping, Went to montreal had no problem at all.
more...
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qasleuth
05-06 12:51 AM
My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?
Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.
As per your post, your employer did not pay you for 3 months and yet he filed a case for breaking a contract. What contract does he say you have broken ?
Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.
As per your post, your employer did not pay you for 3 months and yet he filed a case for breaking a contract. What contract does he say you have broken ?
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Munshi75
09-12 10:19 AM
We went through the similar situation few weeks back. My wife's employer took her out of payroll for sometime as she could not get her EAD approved on time. But we had to convince the manger that the delay was infact the result of USCIS processing our application late and they checked our EAD application receipt notice to make sure that we applied beyond the 90 day mark . This would help immediate managers to make a decision infavour of us when in talks with higher-up's.
Also if the application has been pending beyond 75 day , USCIS would allow you to make expedite request.
Thanks
Also if the application has been pending beyond 75 day , USCIS would allow you to make expedite request.
Thanks
more...
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optimist578
01-02 11:11 AM
What is the reason specified by applicants who have their Labor approved but I-140 pending, to extend their H-1 visa beyond the 6-yr limit ?
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map_boiler
06-29 12:11 PM
Yes.
if an A# is present in the I-140 receipt should that be used to fill the 485/EAD forms ?
thanks
if an A# is present in the I-140 receipt should that be used to fill the 485/EAD forms ?
thanks
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mayhemt
02-26 01:19 PM
Yes, it is called Consular Processing. You can apply using I140; Only Caveat being, visa number should be available (Priority date should be current) when attending the consular interview and the visa is employment/family based immigrant visa (unofficially green card) - not non-immigrant visas like H1/B1/L1.
krishmunn
04-25 04:22 PM
I have had a bad experience working with ICICI Lombard insurance. Issues i had with ICICI
1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.
.
Was this a recent experience ? ICICI claims to have a network through United Health Care; not sure if it is true .
As for US v/s India, none of the US insurance companies selling these travel health insurance are licensed and regulated by US authorities. Most , if not all, of these are underwritten by carriers at Lloyds of London.
I would say there is not a single travel insurance company (US or India) which provides good service.
1) They do not have any rates negotiated with US hospitals. I have seen when your insurance does not have a negotiated rate, an emergency room can cost upto $5000 vs a negotiated rate of $1000 (based on real experience). But there is a cap on how much ICICI will pay for each kind of service which means my out of pocket would have been quite a bit.
.
Was this a recent experience ? ICICI claims to have a network through United Health Care; not sure if it is true .
As for US v/s India, none of the US insurance companies selling these travel health insurance are licensed and regulated by US authorities. Most , if not all, of these are underwritten by carriers at Lloyds of London.
I would say there is not a single travel insurance company (US or India) which provides good service.
hpandey
11-12 11:05 AM
Why have you created 56,098 threads on the same topic?
If the number of threads is really 56,098 then it means that the number of threads are more than the number of IV Members :)
This is interpreted as hijacking a web-forum so that no one else can use it. I wish someone would do something about it. Spamming never did good for any agenda.
If the number of threads is really 56,098 then it means that the number of threads are more than the number of IV Members :)
This is interpreted as hijacking a web-forum so that no one else can use it. I wish someone would do something about it. Spamming never did good for any agenda.
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