sanju
09-09 10:50 AM
My I-140 is approved in 2006 and now i have filed my I-485. My employer has not given me any kind of doucments like I-140 approved document or Labour Substitution document. The only form he gave is ETA 9035E after my substitue labour was approved. If I want to change job after 180 days using AC21 do I need any of doucments from this employer. If my employer is not ready to give , what is other alternative. Plesae advice.
It would be best to get the labor certification application to know the exact job title, job description and wage rate. If employer is not ready to share a copy of labor certification application, file FOIA application to get the copy of the labor certification application. It may take up to 1-2 months to process FOIA.
It is highly recommended to get copy of approved I-140. There may be other ways to handle this, but here is a way I would prefer. Ask your lawyer to send you copy of your 485 packet. If your 140 was approved prior to sending 485 application, the lawyer would have sent you a copy of approved I-140 with your 485 application to USCIS. If your current lawyer is not cooperating with you, you will have to get a new lawyer as soon as you change your job, of'course after getting copy of the labor certification application. When you have a new lawyer represent you, file a new G-28 form for your I-485 application, and ask the new lawyer to fill an application to get a copy of your I-140 approval notice.
It would be best to get the labor certification application to know the exact job title, job description and wage rate. If employer is not ready to share a copy of labor certification application, file FOIA application to get the copy of the labor certification application. It may take up to 1-2 months to process FOIA.
It is highly recommended to get copy of approved I-140. There may be other ways to handle this, but here is a way I would prefer. Ask your lawyer to send you copy of your 485 packet. If your 140 was approved prior to sending 485 application, the lawyer would have sent you a copy of approved I-140 with your 485 application to USCIS. If your current lawyer is not cooperating with you, you will have to get a new lawyer as soon as you change your job, of'course after getting copy of the labor certification application. When you have a new lawyer represent you, file a new G-28 form for your I-485 application, and ask the new lawyer to fill an application to get a copy of your I-140 approval notice.
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rajakannan
06-28 08:02 PM
if everyone is so confident tht "USCIS has to accept 485 thru JULY 31 no matter what" then why the rush by few to file on july 1st are they selfish and don;t care about others ??, can everyone join together and file on a particular day for the benefi of all ?
spindoctor
07-19 06:51 PM
She may not get a visitor's visa. Visitor's visa requires non-immigration intent, just like F-1. In your case, there is a very clear intent to immigrate, which may disqualify her from getting a visitor's visa.
Good point. Restart thinking process...what a mess...
Good point. Restart thinking process...what a mess...
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needhelp!
02-11 11:19 AM
Thank you zachs..
I forwarded the IV message to my company HR person and requested it to be cascaded to all the individuals in our company. He has agreed to forward. I hope we get additional letters sent out to WH.
Dear friends,
Please forward to your HR and request them to cascade to all employees seeking "legal" immigration.
I forwarded the IV message to my company HR person and requested it to be cascaded to all the individuals in our company. He has agreed to forward. I hope we get additional letters sent out to WH.
Dear friends,
Please forward to your HR and request them to cascade to all employees seeking "legal" immigration.
more...
BharatPremi
03-22 12:57 AM
Gurus,
Since EB2-India is current, I am exploring the possibility of interfiling.
Goal: Interfile in such a way that my new application under EB2 (New case
category) get attached with old case (EB3) priority date (07/2003) and
thus enable me to take advantage of EB2 current PD as declared in
April 2008 bulletin.
GC Application/s history:
-----------------------
OLD APPLICATION
Employer: xyz
Category: EB3-RIR Conversion-India
Priority Date: 07/2003
Labor approved
I-140 approved
I-140 approval date: 06/2007
AP and EAD approved
485 receipt date: 07/1*/2007
NEW APPLICATION
Employer: ZAB
Category: EB2-India
Priority Date: 06/2006
PERM LABOR approved
I-140 approved
I-140 approval date:08/2006
No AP/EAD/485 applied under this application
Notes: (1) Currently working for company CDE on EAD.
(2) "A" number on both I-140 are similar and different from "A" number
on 485 file.
(3) Occupation codes for both category are "Close" and matches the
job profile with current employment on EAD
Question: Is my goal achievable? If yes, then what to do and how to
proceed?
Thanks in advance for any help to sort this out.
- BharatPremi
Since EB2-India is current, I am exploring the possibility of interfiling.
Goal: Interfile in such a way that my new application under EB2 (New case
category) get attached with old case (EB3) priority date (07/2003) and
thus enable me to take advantage of EB2 current PD as declared in
April 2008 bulletin.
GC Application/s history:
-----------------------
OLD APPLICATION
Employer: xyz
Category: EB3-RIR Conversion-India
Priority Date: 07/2003
Labor approved
I-140 approved
I-140 approval date: 06/2007
AP and EAD approved
485 receipt date: 07/1*/2007
NEW APPLICATION
Employer: ZAB
Category: EB2-India
Priority Date: 06/2006
PERM LABOR approved
I-140 approved
I-140 approval date:08/2006
No AP/EAD/485 applied under this application
Notes: (1) Currently working for company CDE on EAD.
(2) "A" number on both I-140 are similar and different from "A" number
on 485 file.
(3) Occupation codes for both category are "Close" and matches the
job profile with current employment on EAD
Question: Is my goal achievable? If yes, then what to do and how to
proceed?
Thanks in advance for any help to sort this out.
- BharatPremi
appas123
09-06 08:47 AM
Good luck to all, with wishes for a Happy Diwali and a prosperous New Year.
ramee,
Here is what we did for the birth certificate RFE couple of years ago
1 - copy of 10th standard mark sheet with birth date on it
2 - copy of 12th standard mark sheet with birth date on it
3 - affidavit from two relatives on notarized paper stressing the date of birth, the relationship with the person in question, whether they witnessed the birth or in the hospital etc.
The four things (two marksheets and two affidavits) worked well for us. Good luck.
ramee,
Here is what we did for the birth certificate RFE couple of years ago
1 - copy of 10th standard mark sheet with birth date on it
2 - copy of 12th standard mark sheet with birth date on it
3 - affidavit from two relatives on notarized paper stressing the date of birth, the relationship with the person in question, whether they witnessed the birth or in the hospital etc.
The four things (two marksheets and two affidavits) worked well for us. Good luck.
more...
logiclife
01-09 12:00 PM
Hi,
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
Firstly, COBRA has pretty much nothing to do with AC21.
COBRA is a law related to job loss or job change to an employer who doesnt offer insurance or job change to a new employer who offers insurance only after a certain time (like one month or so).
I think the previous author is right. From the time you lose/resign from previous job, you have 60 days to fill out the COBRA paperwork. Do that as soon as possible, dont wait for 60 days.
Basics : Basically, what COBRA does is allow you to continue your health insurance (as-is without any changes, you cannot change deductibles or switch from HMO to PPO or vice-versa, whatever you had on last day of work, that would continue) at your own expense and the insurance would now be only between you and the insurance company. Your previous employer would be out of the picture. This can continue until 18 months.
Sometimes there is a third party company that will process the paperwork for your cobra and deal with insurance company. This third party company or service provider is usually retained and hired by your previous employer so that they dont have to deal with COBRA paperwork. Just like many employers outsource payroll paperwork to ADP or Paychex etc. So in that case, you would by asked by your previous employer to contact this service provider who will hook you up on COBRA coverage with existing benefits with your insurance provider.
You would be paying the entire premium amount every month. Basically, it can come down to about 1000-1400 dollars a month for a family of 3-4. Amount depends on state and also on your coverage quality.
Payments : Insurance companies are VERY VERY strict about the timeliness of the payment of insurance. If you are late one time, they will yank your insurance. So if you need COBRA be very very prompt about sending the payments.
Alternative work-arounds (Having it both ways) :):) : Here is what some people do. COBRA payments dont begin until about 45-60 days after you stop working for previous employer. So you have 45 - 60 days until you can get on board with your new employer's coverage.
So for 45 to 60 days, if you get COBRA, and you dont see a doctor, you just spend 1000-2000 dollars for nothing. ON the other hand, if you dont enroll and you are in a car wreck, you will be bankrupt for a long long time to come.
But there is a middle ground. Send in the paper-work and fill out all forms to enroll in COBRA. That way, you are formally enrolled in COBRA. However, before the first premium payment is due, (45-60 days later), you might be already on board with new insurance with new employer. So at that time, if you are already with new insurance and then your first payment is due, just dont send the payment. They will cancel the COBRA immediately. But then you have nothing to lose as you didnt need any coverage in intermediate 45-60 days and now you are already with new insurance.
On the flip side, if you actually need coverage (Doctor appt, surgery, etc) during 45-60 days while you are waiting for new insurance, then please send the first (and probably second payment if neccesary) for COBRA so that you are continously covered and your claims are not denied.
This is totally legal and I was advised to do this by my current company's HR. She said "Wing it". To paraphrase her, if you dont need coverage, then dont send payment and let them cancel. If you need coverage, then send them payment so that you are covered while you needed doctor/hospital. It works. No one likes to send a check of 1000-1500 dollars to insurance company for one month COBRA insurance if you end up not needing any benefits at all during that month. Right?
Links on COBRA :
DOL website info : http://www.dol.gov/dol/topic/health-plans/cobra.htm
I am joining new job using AC21 provision coming monday. My new employer does not provide medical insurance for the first month. I am eligible for after I complete 1 month.
So my question is: till the time I get medical coverage from new employer (approx. 20 - 30 days), can I invoke COBRA? I heard that one can not invoke COBRA if he or she is employed (only meant for un-employement) is this true?
Also, should I call my current insurance company for COBRA now, or I can wait if I really need to visit a doctor? is there a grace period for this? Because there is a possiblity that I may never would have to visit a doctor for next 20-30 days, but who knows!
Appreciate your answers.
Firstly, COBRA has pretty much nothing to do with AC21.
COBRA is a law related to job loss or job change to an employer who doesnt offer insurance or job change to a new employer who offers insurance only after a certain time (like one month or so).
I think the previous author is right. From the time you lose/resign from previous job, you have 60 days to fill out the COBRA paperwork. Do that as soon as possible, dont wait for 60 days.
Basics : Basically, what COBRA does is allow you to continue your health insurance (as-is without any changes, you cannot change deductibles or switch from HMO to PPO or vice-versa, whatever you had on last day of work, that would continue) at your own expense and the insurance would now be only between you and the insurance company. Your previous employer would be out of the picture. This can continue until 18 months.
Sometimes there is a third party company that will process the paperwork for your cobra and deal with insurance company. This third party company or service provider is usually retained and hired by your previous employer so that they dont have to deal with COBRA paperwork. Just like many employers outsource payroll paperwork to ADP or Paychex etc. So in that case, you would by asked by your previous employer to contact this service provider who will hook you up on COBRA coverage with existing benefits with your insurance provider.
You would be paying the entire premium amount every month. Basically, it can come down to about 1000-1400 dollars a month for a family of 3-4. Amount depends on state and also on your coverage quality.
Payments : Insurance companies are VERY VERY strict about the timeliness of the payment of insurance. If you are late one time, they will yank your insurance. So if you need COBRA be very very prompt about sending the payments.
Alternative work-arounds (Having it both ways) :):) : Here is what some people do. COBRA payments dont begin until about 45-60 days after you stop working for previous employer. So you have 45 - 60 days until you can get on board with your new employer's coverage.
So for 45 to 60 days, if you get COBRA, and you dont see a doctor, you just spend 1000-2000 dollars for nothing. ON the other hand, if you dont enroll and you are in a car wreck, you will be bankrupt for a long long time to come.
But there is a middle ground. Send in the paper-work and fill out all forms to enroll in COBRA. That way, you are formally enrolled in COBRA. However, before the first premium payment is due, (45-60 days later), you might be already on board with new insurance with new employer. So at that time, if you are already with new insurance and then your first payment is due, just dont send the payment. They will cancel the COBRA immediately. But then you have nothing to lose as you didnt need any coverage in intermediate 45-60 days and now you are already with new insurance.
On the flip side, if you actually need coverage (Doctor appt, surgery, etc) during 45-60 days while you are waiting for new insurance, then please send the first (and probably second payment if neccesary) for COBRA so that you are continously covered and your claims are not denied.
This is totally legal and I was advised to do this by my current company's HR. She said "Wing it". To paraphrase her, if you dont need coverage, then dont send payment and let them cancel. If you need coverage, then send them payment so that you are covered while you needed doctor/hospital. It works. No one likes to send a check of 1000-1500 dollars to insurance company for one month COBRA insurance if you end up not needing any benefits at all during that month. Right?
Links on COBRA :
DOL website info : http://www.dol.gov/dol/topic/health-plans/cobra.htm
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Rajwaitingon140
09-27 04:05 PM
Sorry Guys to post this question here....little confuse about category....please guys help me to find where can I see which category I applied...EB3 or EB2?
Many Thanks
RajWaitingon140
Many Thanks
RajWaitingon140
more...
sys_manus
01-28 09:49 AM
Well said..
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rsdang1
06-01 12:10 PM
Wonder how voting here helps - is this a site used by senate?
more...
smaram1
08-17 10:35 PM
Can you please tell me what should we write for this question?
12. Description of your case problem: Describe the case problem you are experiencing with USCIS. Attach additional pages if needed.
I am eligible for adjudication but for whatever reasons, my case is being overlooked.
Do i need to add that my name check is pending and based on 180 day rule, it should have been approved?
12. Description of your case problem: Describe the case problem you are experiencing with USCIS. Attach additional pages if needed.
I am eligible for adjudication but for whatever reasons, my case is being overlooked.
Do i need to add that my name check is pending and based on 180 day rule, it should have been approved?
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pray
08-22 01:08 PM
08/22/2007: October 2007 EB Visa Bulletin Prediction of AILA
Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
Please stay tuned.
Hope this is correct,will be able to get GC soon then,my EB2 PD is August 2003.
Based on the discussion with Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting, DOS, the AILA has just released the following predictions:
EB-1 (All Countries): Closely match to September 2007 VB
EB-2 (All Countries): Closely match to September 2007 VB
EB-3 (All Countries): Similar to January 2007 VB
EB-3EW (All Countries): 10/01/2001
EB-4: N/A
EB-5: C
Please stay tuned.
Hope this is correct,will be able to get GC soon then,my EB2 PD is August 2003.
more...
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BharatPremi
03-24 12:46 PM
BharatPremi, I PMed you. Check my message.
Thanks Buddy. I am waiting for my lawyer's response on this. I will share his opinion here on this board and I request others to do the same.
Thanks Buddy. I am waiting for my lawyer's response on this. I will share his opinion here on this board and I request others to do the same.
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boreal
12-12 01:11 PM
You wont be disappointed.
This country doesn't care about legal immigrants, all they care is about illegals and big businesses..Does anyone know how to go to Canada ? Please tell me ..please please...Or any other country other than India..doesnt matter even if it is Iraq..please tell me, I am tired of waiting for visa bulletins and putting my life on hold..please...
:-):-) Hehehehe folks..please continue from here, cant give more than this for now!!
This country doesn't care about legal immigrants, all they care is about illegals and big businesses..Does anyone know how to go to Canada ? Please tell me ..please please...Or any other country other than India..doesnt matter even if it is Iraq..please tell me, I am tired of waiting for visa bulletins and putting my life on hold..please...
:-):-) Hehehehe folks..please continue from here, cant give more than this for now!!
more...
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howzatt
07-19 02:32 PM
Please cite the source for the claim that an applicant has some sort of a choice about the skin test. I disagree with your claim for the following three reasons.
(1) See instructions to form I-693 (the medical form): http://www.uscis.gov/files/form/I-693.pdf "Applicants two years old or older will be required to have a tuberculin skin test."
(2) Also, while this next link is less authoritative than USCIS's link above, see this page on murthy: http://www.murthy.com/news/n_tbtest.html (dated mid May)
(3) Note also the USCIS memo (dated April) that went into effect by mid June:
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
This states that, unlike earlier, petitions filed without initial evidence are more likely to be rejected than to be RFE-ed. (See towards end of first page). "To avoid denial, USCIS urges applicants and petitioners to file complete
applications with all of the required initial evidence. The initial evidence for each application and petition type is clearly listed on the form instructions and in the regulations."
As always, please read the instructions to the forms. Most questions will have answers there.
And if the original poster found any of the answers in this thread useful, consider contributing to IV.
Thanks Anai for providing the confirmation!
(1) See instructions to form I-693 (the medical form): http://www.uscis.gov/files/form/I-693.pdf "Applicants two years old or older will be required to have a tuberculin skin test."
(2) Also, while this next link is less authoritative than USCIS's link above, see this page on murthy: http://www.murthy.com/news/n_tbtest.html (dated mid May)
(3) Note also the USCIS memo (dated April) that went into effect by mid June:
http://www.uscis.gov/files/pressrelease/RFEFactSheet041207.pdf
This states that, unlike earlier, petitions filed without initial evidence are more likely to be rejected than to be RFE-ed. (See towards end of first page). "To avoid denial, USCIS urges applicants and petitioners to file complete
applications with all of the required initial evidence. The initial evidence for each application and petition type is clearly listed on the form instructions and in the regulations."
As always, please read the instructions to the forms. Most questions will have answers there.
And if the original poster found any of the answers in this thread useful, consider contributing to IV.
Thanks Anai for providing the confirmation!
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vkrishn
11-21 10:32 PM
Hello all,
I am in San jose and infact i have been to Zoe Lofgren's office to check on my case status. Please PM me if i can be of any help.
I am in San jose and infact i have been to Zoe Lofgren's office to check on my case status. Please PM me if i can be of any help.
more...
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akhilmahajan
07-10 10:25 AM
There has to be some other way. LOU DOBB is not the only program for CNN which gets them ratings.
I guess we need to explore ways.
I guess we need to explore ways.
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chanduv23
10-10 12:25 PM
Once the dollar touches that low, expect huge salary cuts across the board for the employess of these companies.
Yeah, easy money overnight is not always possible. Business in general is never easy. Lot of people think it is. People used to easy money, can never adapt to tough times. Those capable hard working businessmen who can adapt to any situations are the real businessmen.
Yeah, easy money overnight is not always possible. Business in general is never easy. Lot of people think it is. People used to easy money, can never adapt to tough times. Those capable hard working businessmen who can adapt to any situations are the real businessmen.
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nrk
10-26 08:31 PM
My online status shows
On September 26, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or contact our customer service center at 1-800-375-5283.
This is very strange. However, I would like to know the reason that prompted you to inquire about your case status. What was the status that was showing on-line? Is it "application received and pending", the same usual statement?
On September 26, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or contact our customer service center at 1-800-375-5283.
This is very strange. However, I would like to know the reason that prompted you to inquire about your case status. What was the status that was showing on-line? Is it "application received and pending", the same usual statement?
rb_248
12-13 03:21 PM
Hi,
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
Congratulations on getting ahead. Make sure this is not a scam. Especially during such crisis times, we are very vulnerable.
Employer asking for financial agreement - hmmmmm...... After making sure this is not a scam, confirm again.
I have got a job offer & this employer has few pre-approved labors which he offered me if I join him.
I am on H1B visa since 3.5+ years & I am looking for the company to get my GC as soon as possible. I have BS + 10 years of IT experience in India/ USA/ UK, as Software Engineer/ Solution Architect / Project Lead/ Project Manager / Sr. PM etc.
I want to know :
1. Is it possible to use this pre-approved labor for me... if I have all matching skills & experiences to show in my resume (experiences/skills gained before that approval date of that labor)...? This approved labor shows the name of their previous consultant.
2. Is it necessary to file the labor substitution by the employer...if I want to use that approved labor...?
3. Is it possible for this employer to directly file my I-140 against this approved labor...?
4. What are the info/proofs to verify that this employer is really filling my I-140 against this labor... ? (This employer has their attorney & I could not have better communication with their attorney)
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------
Congratulations on getting ahead. Make sure this is not a scam. Especially during such crisis times, we are very vulnerable.
Employer asking for financial agreement - hmmmmm...... After making sure this is not a scam, confirm again.
satdal
11-06 12:41 PM
For me, my AP was approved (along with my wife and daughter) on Oct 1st 2006. My Notice date is Sept 10th. The LUD on AP was 10/04, which said that the approval was "mailed" on 10/02. Hwoever I recd it on 10/20 and I could see that it was mailed on 10/19 from USCIS office. So, atleast for APs, even the status shows that it's been approved and mailed as well, it seems that it's not the case. It's been taking couple of weeks to get them in hand. Hopefully this info helps some people who are still waiting for APs.
I also took an Infopass appt, as we didn't recv FP notices yet. I opened a SR, but nothing so far. It looks that I may not get before I go to infopass next week.
I also took an Infopass appt, as we didn't recv FP notices yet. I opened a SR, but nothing so far. It looks that I may not get before I go to infopass next week.
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