alex77
08-01 01:38 PM
She is one of the pro-immigration leader and deserves a Thank You. Updated her Wiki profile with the below:
'Congresswoman Zoe Lofgren has shown exemplary leadership and conviction when she made USCIS honor the decision of July 2007 Visa Bulletin and again accepting employment-based I-485 (Adjustment of Status) filings. USCIS had earlier reversed their decision and had stopped accepting the application for adjustment of status. With Zoe's timely involvement and pressure from pro-immigration skilled professionals, USCIS re-started acceping the applications and thus avoided a costly litigation against them.'
Please feel free to edit/append. :)
'Congresswoman Zoe Lofgren has shown exemplary leadership and conviction when she made USCIS honor the decision of July 2007 Visa Bulletin and again accepting employment-based I-485 (Adjustment of Status) filings. USCIS had earlier reversed their decision and had stopped accepting the application for adjustment of status. With Zoe's timely involvement and pressure from pro-immigration skilled professionals, USCIS re-started acceping the applications and thus avoided a costly litigation against them.'
Please feel free to edit/append. :)
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franklin
02-13 10:49 AM
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
Interesting! Thanks for the correction
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
Interesting! Thanks for the correction
saint_2010
07-11 05:09 PM
Thanks Aah_GC
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psk79
05-28 12:29 AM
from my understanding it wil start right away.. which means we will loose some time overlapping between the EAD's.
more...
eb2dec2005
10-01 07:57 PM
I sent an email blast to my friends and got the first response already. The person contributing is not a member of the site but understands the issue.
His confirmation number is 86FZ6-TMC55
My receipt number is : 5533-1428-2079-6501
His confirmation number is 86FZ6-TMC55
My receipt number is : 5533-1428-2079-6501
eldrick
07-31 03:46 PM
Last week, I submitted my documents to my lawyer but until now I haven't received any confirmation from my employer yet if my application has been filed already. We are not allowed to contact our lawyer directly so I'm just relying on my employer about this. I'm quite concerned coz there's no way for me to find out if they have filed it or not.
Is there a way? Please help me please. Thank you
Is there a way? Please help me please. Thank you
more...
ruby
05-03 12:04 PM
I have few united air miles, which I can donate.
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snathan
05-24 04:01 PM
Please work with hellomms and provide all the information to him to proceed further.
more...
k94
11-22 02:46 PM
I presume that you have a lawyer. They should work with you HR group to get the ads set and sent to the BPC.
Based on the Federal Register, the only labour certifications that cannot be converted are those that already have a job order initiated through the BPC, as part of the supervised recruitment process.
Based on the Federal Register, the only labour certifications that cannot be converted are those that already have a job order initiated through the BPC, as part of the supervised recruitment process.
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ghost
07-19 02:19 PM
Ok , just got off the phone with my lawyer.He says we can not file a I485 because the priority date is not current. EB3 is showing 01OCT01 and we can only file that form the bulletin is showing April2002. He says we are not eligible for that...
So now you are getting a feel of the whole mess we all are into. Welcome to the club!
Anyways, from all your posts I gather that your wife's GC application is in EB3 category with a Priority Date (PD) of April 2002.
You've never mentioned your country of citizenship but as of July 2006, the PD is not current for any one. Check out the bulletin at: http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html
Click on July 2006 and scroll all the way to the section of "Employment Based" Table. The first column (employment based) of this table lists categories. Yours, EB3, is 3rd. Now, depending on your country of citizenship you can check the available PD. Department of State updates this web page every month but because of current retrogression problem there is not a lot of movement for EB3 PD's.
You have other options like changing your employer and porting your PD to the new employer. Search in the forums for "Porting Priority Date" for more information. You should talk to your lawyer about this possibility.
Good Luck!
So now you are getting a feel of the whole mess we all are into. Welcome to the club!
Anyways, from all your posts I gather that your wife's GC application is in EB3 category with a Priority Date (PD) of April 2002.
You've never mentioned your country of citizenship but as of July 2006, the PD is not current for any one. Check out the bulletin at: http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html
Click on July 2006 and scroll all the way to the section of "Employment Based" Table. The first column (employment based) of this table lists categories. Yours, EB3, is 3rd. Now, depending on your country of citizenship you can check the available PD. Department of State updates this web page every month but because of current retrogression problem there is not a lot of movement for EB3 PD's.
You have other options like changing your employer and porting your PD to the new employer. Search in the forums for "Porting Priority Date" for more information. You should talk to your lawyer about this possibility.
Good Luck!
more...
modvik
05-25 07:45 PM
It was in Cornyn ammendment.
Did the Cornyn Amdmt make it into the bill?
Did the Cornyn Amdmt make it into the bill?
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aranya
07-03 06:27 PM
What if previous employer withdraws approved I140 after changing jobs? In my case it has been more than 180 days after approval of 140/485. Is the PD still portable?
YES
YES
more...
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bchauhan
08-09 01:19 PM
It is your passport number
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leoindiano
02-24 12:26 PM
I have a freind whose DUI came up when he went to stamping in CANADA...They gave him the visa after 10 days, after clearance from FBI, This is most likely the same...If the charges are reduced before you filed I-485, then it should not be a problem. You just show them the proof. Having attorney with you will definitely help.
more...
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STAmisha
07-27 03:12 PM
Can I interfile even if PD is unavailable?
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alex77
08-01 01:38 PM
She is one of the pro-immigration leader and deserves a Thank You. Updated her Wiki profile with the below:
'Congresswoman Zoe Lofgren has shown exemplary leadership and conviction when she made USCIS honor the decision of July 2007 Visa Bulletin and again accepting employment-based I-485 (Adjustment of Status) filings. USCIS had earlier reversed their decision and had stopped accepting the application for adjustment of status. With Zoe's timely involvement and pressure from pro-immigration skilled professionals, USCIS re-started acceping the applications and thus avoided a costly litigation against them.'
Please feel free to edit/append. :)
'Congresswoman Zoe Lofgren has shown exemplary leadership and conviction when she made USCIS honor the decision of July 2007 Visa Bulletin and again accepting employment-based I-485 (Adjustment of Status) filings. USCIS had earlier reversed their decision and had stopped accepting the application for adjustment of status. With Zoe's timely involvement and pressure from pro-immigration skilled professionals, USCIS re-started acceping the applications and thus avoided a costly litigation against them.'
Please feel free to edit/append. :)
more...
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snathan
02-09 02:39 PM
Guys Please contribute...Thats the need of hour.
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000
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print0104
08-30 09:05 PM
um...but at the time my new employer offering me a position with an official offer letter, my current H1b status could be expired for over 3 to 4 months...(I am sure they want me to work for them since the partner there is my previous boss)
Shouldn't I take any action to protect my current H1b status???Like file a H1b transfer application which I know would definitely be rejected since I am unable to get a pay stub.
By the way, I didn't file I-140 or I-485 since my previous Labor Certificate is still in process for over 2 years (filed on July 2005)!!!Please consider these factors in my case~
Thank you guys~
Hello, guys, I really need your help~~
Is anybody here who could really analyse me situation???
Thank you so much~~
Shouldn't I take any action to protect my current H1b status???Like file a H1b transfer application which I know would definitely be rejected since I am unable to get a pay stub.
By the way, I didn't file I-140 or I-485 since my previous Labor Certificate is still in process for over 2 years (filed on July 2005)!!!Please consider these factors in my case~
Thank you guys~
Hello, guys, I really need your help~~
Is anybody here who could really analyse me situation???
Thank you so much~~
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gc_mania_03
09-11 11:06 PM
Folks,
We need to understand that we have chosen a tough but worthy effort in the form of this forum. As such it may be depressing to see the slow movement in DC.
We should not be setting ourselves some timelines like the ones stated in this email thread, and then feel depressed about seeing no positive results within that timeline...there are too many factors outside our control to do anything like that...
I think we are better off than we where we were last year, when the awareness was nil, and that backlog legislation only favored the RNs and the PTs, while we saw ourselves powerless...
Lets help the core team..and not get depressed over short timelines...I see light at the end of our efforts...may not be phenomenal..but I am sure it will make a difference...for each of us...
gc_mania_03
We need to understand that we have chosen a tough but worthy effort in the form of this forum. As such it may be depressing to see the slow movement in DC.
We should not be setting ourselves some timelines like the ones stated in this email thread, and then feel depressed about seeing no positive results within that timeline...there are too many factors outside our control to do anything like that...
I think we are better off than we where we were last year, when the awareness was nil, and that backlog legislation only favored the RNs and the PTs, while we saw ourselves powerless...
Lets help the core team..and not get depressed over short timelines...I see light at the end of our efforts...may not be phenomenal..but I am sure it will make a difference...for each of us...
gc_mania_03
saimrathi
08-19 05:36 PM
I second that motion.. Great job..
summitpointe
02-29 08:07 AM
If your company is financially strong and can prove that they can pay your salary, then you will not have any problem. If your company is small and have only couple of consultants working and the earnings are less then you might have issues.
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