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  • stucklabor
    03-11 11:01 AM
    Akela,

    I am not sure if line 14 of the ETA carries much significance. You can always submit your qualifications during I140.

    Can you get a copy of ETA 750 Form A? That will tell you if the job requirements were filed under EB2 or Eb3.


    Guys,
    Please answer me the following question?

    I have a masters from US and over 2 years of exp when I joined my company. They filed for my LC. There is nothing in form 750 B ETA that says if I am EB-2 or EB-3. In fact the line line 14 is blank which says list documents that support education, training, experience..etc. to be submitted during I-140. I suspect though on ETA 750 form A they made the advertisement as if I am eb-2. So the question is I do not see anything on line 14 of ETA form B. Is that a big blunder.
    Did my lawyer blunder or I am ok?
    My labor is not cleared yet. So no way to check I-140.

    I know few things
    ETA 750 FORM A probably filed as EB-2 (I have to believe my lawyer, they say I have been filed as EB-2 on repeated request).
    ETA 750 form B of which I have a copy of (it was the one that I had to fill), line 14 says Item 14. Documentation. List any documents submitted with this form as evidence of the alien's qualifications. These may include statements from past employers, diplomas, and educational or training certificates. now this column is blank. Is that a problem? Did my lawyer made a big unrectified mistake.

    Thanks,
    akela

    Thanks in advance,
    Akela
    Did my lawyer blunder or I am ok?

    Thanks in advance,
    Akela





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  • leoindiano
    08-13 09:42 AM
    All those who wanna dance the K K Menon style with both palms spread out and shaking with each movement - from the movie Honeymoon Travels Pvt Ltd - raise your hand!

    The song is - Sajnaji Vaari Vaari Jaaunji Main...Tuhi to mera sarkar hai... aisa mera pyaar hai ... - I can imagine us singing this to the GREEN CARD ... :D :D

    KK menon, that song is hilarious.....





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  • simple1
    10-07 04:03 PM
    you can be legally self employed/direct-contractor/consultant (fulltime, same or similar with earnings >= the one in perm) in EAD after Ac21.

    Before jumping in, Talk to good attorney to find out the a2p and evl processes for self employed after ac21.

    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Question 8. Can an alien port to self-employment under INA �204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
    "same or similar" occupational classification as the job for which the original I-140 petition was filed.
    Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
    through an RFE to the adjustment applicant for relevant information about these issues. Third, as
    with any portability case, USCIS will focus on whether the I-140 petition represented the truly
    intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
    of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
    140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
    to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
    intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
    intent, but in appropriate cases additional evidence or investigation may be appropriate.





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  • ajay
    12-24 11:38 AM
    I have not informed uscis about the change although I updated my address in their website. As regards AC 21, if I am ready to file it my current employer said they will be ready to support it but I haven't started that process yet.



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  • logiclife
    06-02 05:35 PM
    IV on Bay Area TV - FOX-2 (KTVU)

    Pratik Dakwala of Immigration Voice was interviewed by KTVU, a local Fox affiliate of San Francisco Bay area. The name of the interviewer was Priya David.
    The program will be telecast between 5PM and 6PM Pacific standard time and the interview is about 5-6 minutes long.

    Dont live in Bay area:
    If you dont live in San Francisco/San Jose area, you can see the link that they would upload on website : http://www.ktvu.com/index.html. We will post the link here once available.

    If you live in San Francisco/Bay area:
    This will be probably available only in Bay Area and nearby areas where they can have KTVU Fox-2. The good thing is, since this is a local channel, I dont think you need cable to see this. However, if you do have cable I am sure you can see it, but then I am not sure whether it will be channel 2 or some other channel.

    This is one more media coverage event in the series of events that has helped immigration voice highlight the problems of legal employment-based immigrants. Other media stories that covered Immigration Voice can be found here(also a menu item on home page): IV in the News (http://www.immigrationvoice.org/index.php?option=com_weblinks&catid=19&Itemid=27)



    Thanks.





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  • ajm
    05-04 08:18 PM
    My thoughts exactly! Here is a thread I opened on the subject a couple of weeks ago:
    http://immigrationvoice.org/forum/showthread.php?t=600

    The idea makes such good economic sense (the government would be price discriminating to increase its revenue) that if USCIS were a private entity they would have implemented something like this a long time ago. But unfortunately it is not and we have to suffer under a "one size fits all" system.



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  • risksk8board
    01-18 05:05 AM
    very impressive.





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  • andycool
    02-11 05:03 PM
    Hi everyone,

    Today i got an alert form USCIS that the pending 485s (for my wife and myself) have been transferred from NSC to TSC. Wanted to see if others with 485s pending at NSC have seen similar action.

    My priority date is Oct 2005 and my 485 has been pending at NSC since July 2007.

    Did you move to a different state after filing at NSC ??



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  • maddipati1
    11-20 07:02 PM
    1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.


    hari,

    did your lawyer told you that u can go out of US while AP is still pending?

    Krishna is correct. read the I-131 instructions carefully.

    i am in the same boat. waiting for AP and trip planned with tight schedule.





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  • sent4dc
    08-27 02:41 PM
    First of all, let me thank you all for sharing your insight. This site is a treasury of information.

    I'm trying to find a government site with all the forms and fees to apply for the H1B extension and can't seem to accomplish it. Does anyone know the link?

    Thanks again!



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  • gcdedo
    05-25 06:40 PM
    Does anybody have actual TEXT from Managers Amendment from Thomas?





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  • loveNpeace
    08-02 10:29 PM
    Hello,
    okay thanks for your replies..let me reiterate my situation.
    I have an Indian passport and I recently got my conditional GC (based on marriage to a USC).I am currently on a holiday in Australia .I got my single entry,3month visit visa to Australia,which was stamped across"Not valid for further travel" at the Sydney airport.

    Now my concern..I need to visit India in Sep and I was wondering if I could leave for India and return to Australia without having to apply for a visit visa again,now that I have my GC.
    Do I need to apply for visitor visa again to enter Australia ,eventhough I have a US GC (which enables anyone travel any country without a visa) and Indian passport.
    Please help answer my question....

    Thank you
    Tina



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  • javadeveloper
    08-20 04:20 PM
    A consulting company that i had approached in early 2007 had filed my
    H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.

    I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.

    Some concerns i need help with -
    1)How does the contracting company withdraw or VOID my H1. ?
    2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
    3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
    5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
    6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??

    Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.

    Thank you!

    You are supposed to get LCA from your employer.If you don't get it you can complain to DOL using Wh4 form(http://www.dol.gov/esa/forms/whd/WH-4.pdf I heard some form is available to cancel the pending H1 , but not sure.





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  • Waitnwait
    02-23 07:13 PM
    Do you have to refile 485? i am assuming you have already filed as you said you have EAD. i thought interfiling can be done by just sending a letter to USCIS and there is no need to refile 485.



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  • anilvt
    08-10 05:15 PM
    count me too





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  • Pagal
    12-09 10:54 AM
    Hello,

    The campaigns are never wasted ... agreed that we are small in numbers, but it is all the more reason to strengthen the campaigns.



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  • go_guy123
    10-21 04:32 PM
    Reviewed by the judiciary commitee... they are reviewing it...

    On asking about the timeline the lady at that no. said she
    didnt know by what time will they be done ...

    You profile has no information...





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  • dealsnet
    05-06 04:10 PM
    Your earlier post regarding same story about your friend. Now you are telling it is your case. Which one is true.???
    Are you making story and make sensation??
    Guys see her earlier post.
    http://immigrationvoice.org/forum/showthread.php?p=329024#post329024

    Urgent:h1 visa holder leaving country without informing employer!

    --------------------------------------------------------------------------------

    Please help!

    One of my friends holding h1 visa had to travel outsdie the country for a family emergency. She informed her employer at the earliest opportunity she had, after reaching India. Now her employer had filed a law suit against her, stating that it is against law to leave the country without informing the employer! Is this true? Will she be in trouble? The employer had not paid her salary for past 2 months. She is ok with not continuing her employment with this employer if they are not willing to give the pay slips, and is ok with staying in India for a while. But she is worried that, will this case cause her any issue in future, when she return back to USA?

    Any valuable suggestion will be highly appreciated.

    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.





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  • eb3India
    04-09 01:24 PM
    Hasn't he given many speeches like this before as well? I mean he has been giving speeches on immigration since 2004 yet nothing has happened so far. He addressed it on State of the Union speech, prime-time speech from the oval office, and countless other occasions but what has been the end result - NOTHING. I wouldn't keep my hopes very high just because Bush said so. It�s all up to the congress now.

    I know have gave many speeches and nothing happend, itz all about politcs, location was Arizona where he wanted to show many Reps about how border security is improved,

    This is his first speech after STRIVE has been introduced, I am just forseeing on coming debate all over the media again,





    zoozee
    06-11 04:18 PM
    Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?

    Zee.





    krishna_brc
    02-15 11:26 PM
    Hi,

    Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?

    My I-485 is still pending past 180 days and I-140 is approved.

    Thanks so much in advance for replying.

    You can take any job as long as the duties of the new job falls under the
    Job Code 15-1021.00. which is your original approved labor job code.

    Any thing other than that is a straight NO.

    ALSO PLEASE UPDATE YOUR PROFILE