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lazycis

01-15 03:00 PM

Thank you; my reading of the law is also the same. However, a few of years ago (post-2001) both inside and outside counsel hired by my company came to a different conclusion. Hence, my parsing of the words.

Yeah, that's the beauty of being a lawyer, you can interpret the same thing differently, get your money and do not bear any responsibility :)

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h12gc

04-29 05:50 AM

Thanks Krupa for your reply.

Could any one please clarify on below points.I hope this posting will also help other new members who got their EAD

1.Can I take an offer with a consulting firm for suppose 3 months con_w2 ?This firms will give me offer letter stating that I will work with them for only 3 months.I cannot file AC 21 since it is temporary employment.In my case since my original employer is intended to hire me permanently once GC is approved and supporting the GC process for this RFE Can I take this contract employment with out filing AC 21? As such I don't see any point in filing AC 21 in my case even if I find full time employment with the end client since my original employer is ready to hire me once GC is approved as GC is for future employment.Please clarify me on this.

2.I'm trying to avoid AC 21 as the job title and duties should be same or similar.In my case my LCA says that job title: Software Engineer Job duties says I work as Oracle CRM Functional. salary $90k

As per my expertise: I can work in Oracle apps manufacturing,Finance,supply chain,CRM,

Business Analyst:Finance,Health care,ERP,Insurance

QA Analyst: Functional QA (ERP or any other applications)
SAP QA,People soft QA,Oracle apps QA etc


All the above jobs are paid average $110k(Minimum 90k)

My question is suppose If I take a job as a QA Engineer to test an ERP product.Then definitely it will not fall in my LCA job title or duties.But to perform this job definitely I need to have strong ERP Back ground.It will become very hard to prove since my LCA duties says I work as Oracle CRM Functional(only one particular domain).So to avoid trouble I just want to respond this RFE with my original employer offer letter stating he is still intended to hire me once GC is approved.So that I can work in the above stated areas with different firms.Please clarify me on this

3.I heard so many people are receiving the RFE on I 485.Is it normal practice or USCIS is trying to adjudicate as many cases as possible by the end of september.Any guess?

Thanks for reading my post.Any inputs will be appreciated

Thanks
h12gc

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KabAyegaMeraGc

10-22 04:31 PM

I was eligible for EB-2 but as company wouldn't file any case in EB-2.

My lawyer suggests the best way to get it faster is to apply for a new EB-2 (fm a new company) and go for consular processing. I am still researching that option.

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indiablues

12-28 08:31 AM

Thank you everyone for the reply.

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pnara2

01-03 09:20 PM

Just think that you read a joke!

US Govt will try and squeeze every single penny whereever possible, especially, considering the high unemployment rates lingering around lately!

Infact Indian govt should learn how to milk money from the US corporates who operate in India. Probably they do now but unfortunately the benefits are not reaped by the common masses in india!

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msgoud

03-08 03:29 PM

thanks all for suggestions
His company is filing for LCA today and will see where it takes

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sanju

02-03 06:22 PM

Thanks! And no, I have not gotten my green card, not even close!!

However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?

Because data you are referring is incorrect and fake. Data you are referring is produced by a business to make people come to that site.

And, if you seem know the answer, then why are you asking? Sorry that I wasted my time replying to your initial post.


.

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GCBy3000

07-17 03:35 PM

Congratulations. You are very very lucky looking at the big UUUUUUUU for EB2 from next month.

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mohican

02-18 06:17 PM

raj 1998-i hope u realize that ur question/comment is not in synch with the theme for this thread. Please ensure that you post your questions/comment on the appropriate thread so as to be able to get some kind of response.

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tnite

10-05 09:28 AM

My PERM approval came through Aug 14, so all done in a hurry. 140/485 (concurrent-mailed) /ead/ap sent aug 16th, received on aug 17.

Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.

My question...from anyone else's experience/info

Will I get a RFE for the PERM LC hard copy or a rejection?

How does that affect my pending EAD/485? think i know answer..all goes down, right?

I hope I get a RFE, not rejectiong on 140.
anyone have any info, experience, please share..

I dont think you will get a rejection. RFE is the most likely answer
Am I 100% sure, No

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p1234

10-04 06:29 PM

DON'T BELIEVE ANYTHING this guy says...read this thread (the posts towards the end)
http://immigrationvoice.org/forum/showthread.php?t=21835

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MeraNaamJoker

08-13 03:04 PM

This seems to be a unique situation.

If the company does not object to your approval then you should be fine.

Please try to contact them or thier lawyer. (hopefully the lawyer is still in business :-) )

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gc_chahiye

07-16 06:47 PM

...
If USCIS receives both the applications, it will return the second application as a duplicate. I don't kow if they keep the money though ...


do you know this for sure? (ie. do you know someone for whom USCIS returned the second application as a duplicate because one I-485 was pending)?

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desi chala usa

06-07 05:57 PM

The actual category determine at the stage of I-140 as you ask USCIS to consider the case as EB2 or EB3 but to ask the EB2 or EB3 at I-140 stage the job description as well educational requirements should be filled in labor such a way so you can support the EB2/EB3 at I-140 stage.

Hope this help.

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HumHongeKamiyab

03-16 12:05 PM

Thanks Yagw. Appreciate your response. That is the part I am not certain: If they ask for Copies of Tax return?

Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?

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smerchas

03-17 04:28 PM

Hi guys,

This is a strange one. I entered the US on my K1 visa about a month ago, so I have my I-94. The problem is, my future husband...we marry on 27th March, has just gone and got himself a fabulous job in Bangkok. I'm from the UK and we've now been told I cannot leave the US and join him, until I have my advance parole which could take 3 to 4 months. We've spent the best part of the last year apart because of the damn K1 visa and I'm losing money, as I haven't been able to work (we were living in hong kong when we met). We are now both in Hawaii and I've been told I can work on the I-94, but that it expires and I need to apply for an EAD, which again could take months....so I'm stuck in the US, not being able to work, going stir crazy when my husband is in a different bloody country..!!

There has to be a way around this. We don't intend to come back to the states for a long time, but don't really want to abandon the AOS, as we'll have to go through all the visa process again. Has anyone had any experience writing an expedite letter for the travel permission..!!

This is ridculous...its like I've been kidnapped and cannot leave the US.....I'm outraged!!

Any help will be so much appreciated. Now, I wish my husband was not bloody american...hahaha. sorry people....!!

thanks

Smerchas

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dolicus

08-27 12:11 PM

Can you please Post the Dates of when you applied for I-140 & when you were APPROVED.
Thx

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freedom1

01-22 04:18 PM

i got similar message, but this was for Advance Parole not 485...

Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

Current Status: Document OTHER THAN CARD manufactured and mailed.

On ... we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

Your AP might be on your way!

Freedom1.

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Carlau

01-10 09:24 PM

If S.2611 is going to be discussed, isn't it possible that they ammend where it says that the spouse of the Blue card status worker (previously illegal worker) can work for any employer, that the same applies for the H-1B spouses? The L-1spouses can work too so why do we H-4s have to suffer?



"... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

.2611
Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
________________________________________
TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
Subtitle A--Temporary Guest Workers
CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
SEC. 613. AGRICULTURAL WORKERS.
(a) Blue Card Program-
(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
(A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
(B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
(C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
(2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
(3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
(4) TERMINATION OF BLUE CARD STATUS-
(A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
(B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

(b) Rights of Aliens Granted Blue Card Status-
(1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
(i) QUALIFYING EMPLOYMENT- The alien has performed at least--
(I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
(II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
(ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
...
(C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
(D) PAYMENT OF TAXES-
(i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
(I) no such tax liability exists;
(II) all outstanding liabilities have been paid; or
(III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
....

(2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
(B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
(i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
(ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
(iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
(C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
(i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
(ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
(iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.

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rameshvaid

09-02 03:02 PM

Hi there,
I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
2. Does the port of entry officer sees the arrest even I expunge the case?
3. any other scenarios I might encounter?
Any suggestions are highly appreciated
Thank you

At the POE the IO will surely know abt your arrest. Have all your documents from the court and show it to them and you will be allowed to come in.

Expungement can be done only after 12 months and u should not have any other record against you.

Just relax,, do not repeat the mistake and cross the boarder if you have to peacefully.. You will be just fine..

RV

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viswanadh73

01-04 03:21 PM

thanks

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