mzafar125
11-12 11:56 AM
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jelo
02-10 12:05 AM
My labor got approved in Jun 2006, I 140 approved in Oct 2007 and I am a July 2007 filer. My employer got a NOIR on I 140 saying this:
Please provide evidence that supports your answer to question 9; Part C (Employer Information) of the approved ETA 9089 processed in Jun 2006. "Is the employer a closely held corporation, partnership, or sole proprietorship in which the alien has an ownership interest, or is there a familial relationship between the owners, stockholders, partners, corporate officers, incorporators, and the alien?"
And then it lists, what could be the documentation to prove this relationship. My Employer is sure that he gave NO for that question but I am not sure. I am in parolee status working for the same employer on H1b. I do not have any kind of relation with the employer at any time.
What if the employer by mistake answered it as YES? what are my options, can I still fight? what could be the documentation, incase we answered NO to the question. Please help me what could be my options.
Please provide evidence that supports your answer to question 9; Part C (Employer Information) of the approved ETA 9089 processed in Jun 2006. "Is the employer a closely held corporation, partnership, or sole proprietorship in which the alien has an ownership interest, or is there a familial relationship between the owners, stockholders, partners, corporate officers, incorporators, and the alien?"
And then it lists, what could be the documentation to prove this relationship. My Employer is sure that he gave NO for that question but I am not sure. I am in parolee status working for the same employer on H1b. I do not have any kind of relation with the employer at any time.
What if the employer by mistake answered it as YES? what are my options, can I still fight? what could be the documentation, incase we answered NO to the question. Please help me what could be my options.
mbartosik
04-08 06:59 PM
I just spoke with Siva, and the funding might not be the issue with DoL. This might be a case of the "mythical man month" (training more people takes time).
If USCIS think it practical then keeping priority dates may be something that the law makers will consider.
Maybe law makers would consider allowing concurrent PERM filing while waiting for BEC.
Soon we will have an opportunity to call the DoL on their word. They have estimated all data entry will be done by end of June. If they don't have it done for then the law makers may be more receptive to further measures. The lack of concurrent PERM filing is I think an administrative rule, and thus if DoL does not shape up with regard to its estimate of end of June 2006 for data entry, then the law makers could very easily override the adminstrative rule. The trouble then might be that PERM is flooded with 100,000 applications. So portability of priority date looks to be the best bet with essentially zero cost in terms of fees, queues and administration.
If USCIS think it practical then keeping priority dates may be something that the law makers will consider.
Maybe law makers would consider allowing concurrent PERM filing while waiting for BEC.
Soon we will have an opportunity to call the DoL on their word. They have estimated all data entry will be done by end of June. If they don't have it done for then the law makers may be more receptive to further measures. The lack of concurrent PERM filing is I think an administrative rule, and thus if DoL does not shape up with regard to its estimate of end of June 2006 for data entry, then the law makers could very easily override the adminstrative rule. The trouble then might be that PERM is flooded with 100,000 applications. So portability of priority date looks to be the best bet with essentially zero cost in terms of fees, queues and administration.
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abcd_1234
05-30 09:23 AM
Hi
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
more...
QuickGreenCard
10-25 06:06 PM
Hi all,
I have a peculiar situation. I have applied for H1b and got approval notice. But when I went to apply for SSN for employment, the SSN employees could not find the new approved status in their system. Their system only shows my previous US entry status, H4.
They have accepted my application by marking it as SUSPECT in their system, meaning that they forwarded my application to USCIS for verification of my H1B approval status.
They said that it could take anywhere from 1 week to 4 weeks for verification. Does anyone run into this situation??
Please post your experiences.......
Last but not the least:
When I checked my H1B status on USCIS website it still shows that the application has been received and is still pending, eventhough I have the approval notice sent by them....
Do we need to do anything to let them know that the status hasnt been updated in their online system??
Thanks for the help.........
I have a peculiar situation. I have applied for H1b and got approval notice. But when I went to apply for SSN for employment, the SSN employees could not find the new approved status in their system. Their system only shows my previous US entry status, H4.
They have accepted my application by marking it as SUSPECT in their system, meaning that they forwarded my application to USCIS for verification of my H1B approval status.
They said that it could take anywhere from 1 week to 4 weeks for verification. Does anyone run into this situation??
Please post your experiences.......
Last but not the least:
When I checked my H1B status on USCIS website it still shows that the application has been received and is still pending, eventhough I have the approval notice sent by them....
Do we need to do anything to let them know that the status hasnt been updated in their online system??
Thanks for the help.........
nc14
08-13 02:57 PM
I am from Cincinnati Ohio and would like to be a part of the effort.
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Blog Feeds
09-07 07:00 PM
What a shameful story. DOJ announcement on the indictment of six individuals (http://www.nytimes.com/2010/09/04/us/04trafficking.html) for engaging in a conspiracy to commit forced labor and document servitude. The charges arise from the defendants� alleged scheme to coerce the labor and services of approximately 400 Thai nationals to work on U.S. farms.
The Justice Department announced that a federal grand jury in Honolulu
indicted Mordechai Orian, an Israeli national; Pranee Tubchumpol, Shane Germann and Sam
Wongsesanit of Global Horizons Manpower Inc., located in Los Angeles; and Thai labor
recruiters Ratawan Chunharutai and Podjanee Sinchai for engaging in a conspiracy to commit
forced labor and document servitude. The charges arise from the defendants� alleged scheme tocoerce the labor and services of approximately 400 Thai nationals brought by the defendants to the United States from Thailand from May 2004 through September 2005 to work on farms
across the country under the U.S. federal agricultural guest worker program. Orian, Tubchumpol and Chunharutai are also charged with three substantive counts of compelling the
labor of three Thai guest workers.
If convicted, Orian and Tubchumpol each face maximum sentences of 7 0 years in prison,
Chunharutai faces a maximum sentence of 65 years in prison, Germann and Wongsesanit each face a maximum sentence of 10 years in prison, and Sinchai, who was recently charged in Thailand with multiple counts of recruitment fraud, faces a maximum sentence of five years in prison if convicted in the United States.
Instead of achieving the American dream, the workers arrived into an American nightmare. This company forced them to live groups of men in labor camps, charging each of them thousands of dollars and forbidding them from living off company grounds. Instead of permanent residency and green cards, the workers received temporary, ten-month H-2B guest worker visas, which allow no path to more permanent status. And since H-2B visas bind workers to a single employer, company answered workers� complaints with threats of deportation. Such acts are in contrary to the spirit of the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html) and we call for harsh punishment for these individuals.
More... (http://www.visalawyerblog.com/2010/09/h2b_visa_attorney_972010_six_p.html)
The Justice Department announced that a federal grand jury in Honolulu
indicted Mordechai Orian, an Israeli national; Pranee Tubchumpol, Shane Germann and Sam
Wongsesanit of Global Horizons Manpower Inc., located in Los Angeles; and Thai labor
recruiters Ratawan Chunharutai and Podjanee Sinchai for engaging in a conspiracy to commit
forced labor and document servitude. The charges arise from the defendants� alleged scheme tocoerce the labor and services of approximately 400 Thai nationals brought by the defendants to the United States from Thailand from May 2004 through September 2005 to work on farms
across the country under the U.S. federal agricultural guest worker program. Orian, Tubchumpol and Chunharutai are also charged with three substantive counts of compelling the
labor of three Thai guest workers.
If convicted, Orian and Tubchumpol each face maximum sentences of 7 0 years in prison,
Chunharutai faces a maximum sentence of 65 years in prison, Germann and Wongsesanit each face a maximum sentence of 10 years in prison, and Sinchai, who was recently charged in Thailand with multiple counts of recruitment fraud, faces a maximum sentence of five years in prison if convicted in the United States.
Instead of achieving the American dream, the workers arrived into an American nightmare. This company forced them to live groups of men in labor camps, charging each of them thousands of dollars and forbidding them from living off company grounds. Instead of permanent residency and green cards, the workers received temporary, ten-month H-2B guest worker visas, which allow no path to more permanent status. And since H-2B visas bind workers to a single employer, company answered workers� complaints with threats of deportation. Such acts are in contrary to the spirit of the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html) and we call for harsh punishment for these individuals.
More... (http://www.visalawyerblog.com/2010/09/h2b_visa_attorney_972010_six_p.html)
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kirupa
03-24 11:09 PM
Added!
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same_old_guy
10-27 05:32 PM
That's not completely true. There are improvements in UCIS processing. If you check H1 or I-140 processing time 2 years back , it was much worse then. I dont think USCIS processing time is a problem for us right now. Of course it would be nice to have faster service for H1 and I-140 or 485.
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gcpain
06-25 11:09 AM
I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.
1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?
2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )
3. Will I485 as future employment has any problems?
4. Can I use AC21 after 180 days on my I485 future employment application?
5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.
I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.
1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?
2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )
3. Will I485 as future employment has any problems?
4. Can I use AC21 after 180 days on my I485 future employment application?
5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.
I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.
more...
lskreddy
07-01 10:48 AM
Yes & Yes
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loudobbs
08-28 04:56 PM
Hi
I am planning on using AC21 to switch employers. since it says that the new job should be in the same job classification, how do I know what classification my labor was approved in? I have a copy of the approval notice and under occupation it says consultant and it has the following code after it:
189167030. anybody knows what this code means or how I can find out my jobe code?
I am planning on using AC21 to switch employers. since it says that the new job should be in the same job classification, how do I know what classification my labor was approved in? I have a copy of the approval notice and under occupation it says consultant and it has the following code after it:
189167030. anybody knows what this code means or how I can find out my jobe code?
more...
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mrdelhiite
08-11 11:59 AM
hello all,
i filed my application on july 2nd to nebraska service center. Now i am filing my wife' application using the new updated 485 form. i sent my application to nebraska service center. i live in florida and in the new form i have noticed that they are asking people from florida to send 485 application to texas service center.
i am confused as to where i should send my application. i am attaching a sheet which asks mailroom to attach my wife's new application to already filed my application ( sent on 2nd july with no recepit ).. i am just confused that if i send my application to texas will it get attached to my primary already filed application... any one in same situation or any insite please help.
thanks
-M:confused:
i filed my application on july 2nd to nebraska service center. Now i am filing my wife' application using the new updated 485 form. i sent my application to nebraska service center. i live in florida and in the new form i have noticed that they are asking people from florida to send 485 application to texas service center.
i am confused as to where i should send my application. i am attaching a sheet which asks mailroom to attach my wife's new application to already filed my application ( sent on 2nd july with no recepit ).. i am just confused that if i send my application to texas will it get attached to my primary already filed application... any one in same situation or any insite please help.
thanks
-M:confused:
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sumanitha
04-05 09:55 PM
I read this article in Morningstar and felt bad!
More Americans Give Up Citizenship As IRS Gets Aggressive Overseas (http://news.morningstar.com/newsnet/ViewNews.aspx?article=/DJ/201004050814DOWJONESDJONLINE000053_univ.xml)
The number of American citizens and green-card holders severing their ties with the U.S. soared in the latter part of 2009, amid looming U.S. tax increases and a more aggressive posture by the Internal Revenue Service towards Americans living overseas.
According to public records, just over 500 people worldwide renounced U.S. citizenship or permanent residency in the fourth quarter of 2009, the most recent period for which data are available. That is more people than have cut ties with the U.S. during all of 2007, and more than double the total expatriations in 2008.
An Ohio-born entrepreneur, now based in Switzerland, told Dow Jones he is considering turning in his U.S. passport. Mounting U.S. tax and reporting requirements are making potential business partners hesitate to do business with him, he said.
and the story continues................... :mad:
More Americans Give Up Citizenship As IRS Gets Aggressive Overseas (http://news.morningstar.com/newsnet/ViewNews.aspx?article=/DJ/201004050814DOWJONESDJONLINE000053_univ.xml)
The number of American citizens and green-card holders severing their ties with the U.S. soared in the latter part of 2009, amid looming U.S. tax increases and a more aggressive posture by the Internal Revenue Service towards Americans living overseas.
According to public records, just over 500 people worldwide renounced U.S. citizenship or permanent residency in the fourth quarter of 2009, the most recent period for which data are available. That is more people than have cut ties with the U.S. during all of 2007, and more than double the total expatriations in 2008.
An Ohio-born entrepreneur, now based in Switzerland, told Dow Jones he is considering turning in his U.S. passport. Mounting U.S. tax and reporting requirements are making potential business partners hesitate to do business with him, he said.
and the story continues................... :mad:
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bkarnik
11-07 11:57 AM
Any members in Iowa, please post here.
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pappu
01-03 07:07 AM
could someone send a scanned copy of this artcle by email so that it can be posted?
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jatinr
08-10 07:38 PM
:confused:
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for_gc
06-19 02:12 PM
Its quite likely that we may get some quick relief on alternate vehicles (bills) for minor things like the ability to apply I485 when the visa is not current. We should not count that out ... Not sure what boat you are in but I am waiting for applying my I485.
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kirupa
10-27 08:41 PM
Yeah, it needs to be made to match the size of the template.
yabayaba
10-21 08:06 AM
Funny, Low level workers wont come legally by getting ..All the laws for namesake, no one is going to implement this.Indian govt is toatlly corrupt.
pasupuleti
05-16 01:37 PM
My friend used AC21. He switched jobs after 6 months of filing for 485. He had a query on his 485 seeking experience letters for previous and current employment. He filed those and his 485 approved.
As the title suggest, it is meant for folks who have invoked AC21 (1-140 approved, I-485 filed & pending more than 6 months, job desc almost similar) successfully and unsuccessfully.
If you have successfully transferred, can you comment on the experience, any denial notices that you had to overcome? Have you got the green card finally?
If unsuccessful, what issues are you facing? Is there some work around or going back to desh is the only option?
Thoughts/Comments--from AC21 league members.
Thanks
Mohican
As the title suggest, it is meant for folks who have invoked AC21 (1-140 approved, I-485 filed & pending more than 6 months, job desc almost similar) successfully and unsuccessfully.
If you have successfully transferred, can you comment on the experience, any denial notices that you had to overcome? Have you got the green card finally?
If unsuccessful, what issues are you facing? Is there some work around or going back to desh is the only option?
Thoughts/Comments--from AC21 league members.
Thanks
Mohican
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