ab2k7
07-17 04:28 AM
Thanks desi3933,
The article here from Murthy specifies the solution in a different way and doesn't mention the need of filing LC or 140 again if the LC was properly filed as roving employee. Will have to confirm with attorney. Hope this would help ppl in similar situations.
http://www.murthy.com/news/n_svcupd.html
I-485 Filing for Roving Employees
�MurthyDotCom
The USCIS indicated that, if a roving employee's I-140 petition is filed with Service Center A where the company is headquartered, but the employee moves to Service Center B's jurisdiction before the I-485 is filed, the employee may file the I-485 with either Service Center A or Service Center B. The USCIS also noted, however, that if the I-140 petition is filed at Service Center A, and then the I-485 is filed with Service Center B, the I-485 must be held until the I-140 is adjudicated. It is not clear if this means no action will be taken or if it simply cannot be approved until the I-140 petition is adjudicated. Roving employees are those who do not have fixed work sites, but can be moved from location to location, depending upon the needs of the employer. This is common with IT contractors. The safer approach would be to file the I-140 petition and the I-485 application in the same Service Center to avoid additional delays or the need to transfer the file from one Service Center to another.
In this instance when ever a consultant or "roving employee" moves to another city/state an LCA amendment is to be filed to accomodate USCIS rules. Whether this would have any adverse effect on LC/140/485 as far as refiling/ RFEs later is still not clear. I'll keep looking around for more credible info regarding the same. Pls point out of you guys know of any.
Thanks again in advance.
The article here from Murthy specifies the solution in a different way and doesn't mention the need of filing LC or 140 again if the LC was properly filed as roving employee. Will have to confirm with attorney. Hope this would help ppl in similar situations.
http://www.murthy.com/news/n_svcupd.html
I-485 Filing for Roving Employees
�MurthyDotCom
The USCIS indicated that, if a roving employee's I-140 petition is filed with Service Center A where the company is headquartered, but the employee moves to Service Center B's jurisdiction before the I-485 is filed, the employee may file the I-485 with either Service Center A or Service Center B. The USCIS also noted, however, that if the I-140 petition is filed at Service Center A, and then the I-485 is filed with Service Center B, the I-485 must be held until the I-140 is adjudicated. It is not clear if this means no action will be taken or if it simply cannot be approved until the I-140 petition is adjudicated. Roving employees are those who do not have fixed work sites, but can be moved from location to location, depending upon the needs of the employer. This is common with IT contractors. The safer approach would be to file the I-140 petition and the I-485 application in the same Service Center to avoid additional delays or the need to transfer the file from one Service Center to another.
In this instance when ever a consultant or "roving employee" moves to another city/state an LCA amendment is to be filed to accomodate USCIS rules. Whether this would have any adverse effect on LC/140/485 as far as refiling/ RFEs later is still not clear. I'll keep looking around for more credible info regarding the same. Pls point out of you guys know of any.
Thanks again in advance.
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whoever
02-07 01:12 PM
hammer, here is another poll very similar at http://immigrationvoice.org/forum/showthread.php?t=1671
Jen2010
12-06 04:55 PM
Dear BimmerFan,
Thank you very much for sharing your experience !!
I am in F-1 Visa and finishing my PhD and I have recently received a job offer to start next June.
The J1 waiver process is related to two visas J-1 that I had before I applied to the PhD program: I came to US in 2006 as exchange visitor scholar to do a research project for six months at X University with a J-1 visa, after this I came back to my country for 1 month and applied to another J-1 visa from August'06 through Dec'06 because I was invited again to continue doing research at this university (while applying to the PhD); after this I went my country and changed my visa to F-1 to start my PhD studies. I was aware that all J-1 visas have a restriction called two-year rule "INA 212(e)" but I did not have any problem to issue my F-1 visa in 12/2006.
Recently, I have found out that I need to issue a waiver for the two-year rule in order to be able to apply to a visa H-1B that my employer will sponsor after my OPT. I am preparing to apply now to the waiver, asking a No Objection Statement (NOS) from my embassy, I was planning to send the application next week to so that it doesn't delay my H-1 visa application next year and I don't have money to pay an attorney so I wanted to send it myself.
I am not sure if I should mention or not my offer of employment as one of the reasons of requesting the waiver ? Do you think it could be good or bad ??
Do you think I should pay an attorney ? of it is okay to do it independently ?
I do not have any commitment with my home country and I have not received any sponsorship from my country or US government during these programs. This rule applied to me because my profession is written in the Exchange Visitor Skill List of the US. Department of State.
Please advise,
Thanks !!!
Thank you very much for sharing your experience !!
I am in F-1 Visa and finishing my PhD and I have recently received a job offer to start next June.
The J1 waiver process is related to two visas J-1 that I had before I applied to the PhD program: I came to US in 2006 as exchange visitor scholar to do a research project for six months at X University with a J-1 visa, after this I came back to my country for 1 month and applied to another J-1 visa from August'06 through Dec'06 because I was invited again to continue doing research at this university (while applying to the PhD); after this I went my country and changed my visa to F-1 to start my PhD studies. I was aware that all J-1 visas have a restriction called two-year rule "INA 212(e)" but I did not have any problem to issue my F-1 visa in 12/2006.
Recently, I have found out that I need to issue a waiver for the two-year rule in order to be able to apply to a visa H-1B that my employer will sponsor after my OPT. I am preparing to apply now to the waiver, asking a No Objection Statement (NOS) from my embassy, I was planning to send the application next week to so that it doesn't delay my H-1 visa application next year and I don't have money to pay an attorney so I wanted to send it myself.
I am not sure if I should mention or not my offer of employment as one of the reasons of requesting the waiver ? Do you think it could be good or bad ??
Do you think I should pay an attorney ? of it is okay to do it independently ?
I do not have any commitment with my home country and I have not received any sponsorship from my country or US government during these programs. This rule applied to me because my profession is written in the Exchange Visitor Skill List of the US. Department of State.
Please advise,
Thanks !!!
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nixstor
11-04 02:27 PM
Here's my exact situation:
- My employer is company A
- I am assigned by Company A to Company B (corp-to-corp)
- Company B assigned me to Client X
- I want to move to Company Z
- Company Z would assign me to the same Client X
My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A
Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.
Any thoughts?
It depends on how big the company is. Companies like Bearingpoint, Accenture will take them seriously some times. If this is just yet another staffing firm, they are not going to waste their money for a lawyer and time on you. As others said, these contract papers have no value. (unless they spent like 10K on training you outside of the company).
- My employer is company A
- I am assigned by Company A to Company B (corp-to-corp)
- Company B assigned me to Client X
- I want to move to Company Z
- Company Z would assign me to the same Client X
My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A
Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.
Any thoughts?
It depends on how big the company is. Companies like Bearingpoint, Accenture will take them seriously some times. If this is just yet another staffing firm, they are not going to waste their money for a lawyer and time on you. As others said, these contract papers have no value. (unless they spent like 10K on training you outside of the company).
more...
GCWhru
08-20 11:41 AM
We are also in the same situation. Mine got approved on Aug 11th but no LUD on spouse's case.
We had a Infopass appointment today, very nice IO informed us that NC and BC are cleared and case is still pending at TSC.
He asked me to call 1800 and open a status inquiry (SR), but I requested him to open one for me, since I have/had very tough time with 1800. He was kind enough to open a SR and gave me the reference number too. He also informed me that I will be receiving a mail from USCIS within 30 days explaining the status of the case.
We had a Infopass appointment today, very nice IO informed us that NC and BC are cleared and case is still pending at TSC.
He asked me to call 1800 and open a status inquiry (SR), but I requested him to open one for me, since I have/had very tough time with 1800. He was kind enough to open a SR and gave me the reference number too. He also informed me that I will be receiving a mail from USCIS within 30 days explaining the status of the case.
gova123
08-27 12:38 PM
Go in person that would be best. Houston will not respond to mail or phone calls, Their whole switch board is messed up. I had tough time when I sent it to Houston.
Can we go in person, I thought they would encourage only in case of emergency. Any one know that if we can go to the consulate and get the passport renewed quickly for sure.
Thanks
Govardhan
Can we go in person, I thought they would encourage only in case of emergency. Any one know that if we can go to the consulate and get the passport renewed quickly for sure.
Thanks
Govardhan
more...
sammyb
03-24 08:37 PM
just listen to the show - wonderful performance - you were crisp and to the point ... your points on this EB mess and the closing comments were great ... the 2nd caller shows the typical American common man mentality towards EB community ...
Thanks ... wil listen to it from home ...
Thanks ... wil listen to it from home ...
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ss1026
04-10 03:56 PM
163,000 applns for general and more than 31,200 applns for advanced degree.
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.
I read this as saying this....
The 163k number includes the advance degree number. So it is 132K for general and 31k for advance
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.
I read this as saying this....
The 163k number includes the advance degree number. So it is 132K for general and 31k for advance
more...
InTheMoment
12-10 02:33 PM
I read somewhere that CBP officers are instructed to make a photocopy themselves if 2 originals are not given.
The photocopying is best left to them as the one you make has potential of having been tampered.
Some one few days ago posted that the she was was adviced by the lawyer to hand over Photocopies of AP and keep the original for herself.
So do you have to give them the original or have them take a photocopy of it and give you back the original ?
The photocopying is best left to them as the one you make has potential of having been tampered.
Some one few days ago posted that the she was was adviced by the lawyer to hand over Photocopies of AP and keep the original for herself.
So do you have to give them the original or have them take a photocopy of it and give you back the original ?
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DDash
04-06 03:43 PM
lazycis, jhaalaa, meridiani - Thanks for your inputs...you guys rock. :cool:
I believe Jhaalaa trying to caution me not to take chances and move to another employer, which could potentially cause RFE to my case. If so, thanks for you concern.
Meridiani thanks for the doc. I will read through it.
One more question, when I first filed my LC, I made x dollars, then I got a promotion and now making x+10K. When I move to a new employer, should I make x dollars? or x+10K? or is it okay to make x-10K? :confused:
I believe Jhaalaa trying to caution me not to take chances and move to another employer, which could potentially cause RFE to my case. If so, thanks for you concern.
Meridiani thanks for the doc. I will read through it.
One more question, when I first filed my LC, I made x dollars, then I got a promotion and now making x+10K. When I move to a new employer, should I make x dollars? or x+10K? or is it okay to make x-10K? :confused:
more...
gc28262
04-08 06:27 AM
Looking at this issue, isnt' it USCIS who is at fault here ?
How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?
This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.
How can they allow the employer to "reuse" the original labor when employee1 has already used it for his I-140 approval ?
This is definitely a USCIS mess. Employees/beneficiaries shouldn't be paying the price for USCIS's fault.
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NikNikon
May 23rd, 2005, 08:36 AM
The first one is definitely my fav, the only critique I have is it looks like the polarizer needed rotated so the darkened portion of sky would been horizontal instead angled.
more...
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summitpointe
01-31 02:02 PM
There is a high possibility that you will get an RFE and you will need to reply for the RFE.
Service centers does not consider three year degree course from India as degree equivalent from here. They want minimum four year degree. This may upset you. You may need to talk with your Attorney and look for an alternative to stay in US.
Service centers does not consider three year degree course from India as degree equivalent from here. They want minimum four year degree. This may upset you. You may need to talk with your Attorney and look for an alternative to stay in US.
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anindya1234
07-17 10:34 PM
You are OK. This is taken from the 485 instructions.
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
Actually my I-140 was approved from TSC; 485 was sent to TSC..but the employment letter in the package was addressed to NSC....will that be a problem?
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
Actually my I-140 was approved from TSC; 485 was sent to TSC..but the employment letter in the package was addressed to NSC....will that be a problem?
more...
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jonty_11
01-31 01:49 PM
I think we need to help ourselves, please contribute to IV and help yourselves.
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indianabacklog
02-01 02:14 PM
Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
Do you have any relevant work experience that can boost this application. Three years relevant experience can be seen as the equivalent of one years education.
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
Do you have any relevant work experience that can boost this application. Three years relevant experience can be seen as the equivalent of one years education.
more...
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delax
07-16 08:20 PM
Check this post from logiclife
http://immigrationvoice.org/forum/showthread.php?p=117422#post117422
Originally Posted by logiclife
IV core stands by the information it provided this afternoon about a solution that will be announced soon. If not on Monday, it will be annouced on Tuesday or Wednesday (Latest). These things could take time to process because of numerous departments and agencies involved and various procedures involved.
AILA has reported that decision has not yet been reached and wont be reached without lawsuit.
That information is not true based on what we know and we stick to our assertion that a solution that gives us relief has been worked out and a lawsuit will not be needed.
AILA/AILF is free to file its lawsuit if it feels the need to do that, however we have been hearing about them filing the lawsuit since July 2nd. And if they are so sure that lawsuit is the only way that solution will come out, then why dont we see the lawsuit yet ? After all, private parties and smaller lawfirms have filed lawsuit so what's the hold-up at AILA/AILF if they are so sure that no solution is possible without lawsuits ?
Logiclife - I think it was a great idea to delete your post above - I truly think that the efforts of IV need to be commended but lets not forget that it was equally a combined effort of ALL stakeholders involved. Lets be humble during this hour of aniticipation.
http://immigrationvoice.org/forum/showthread.php?p=117422#post117422
Originally Posted by logiclife
IV core stands by the information it provided this afternoon about a solution that will be announced soon. If not on Monday, it will be annouced on Tuesday or Wednesday (Latest). These things could take time to process because of numerous departments and agencies involved and various procedures involved.
AILA has reported that decision has not yet been reached and wont be reached without lawsuit.
That information is not true based on what we know and we stick to our assertion that a solution that gives us relief has been worked out and a lawsuit will not be needed.
AILA/AILF is free to file its lawsuit if it feels the need to do that, however we have been hearing about them filing the lawsuit since July 2nd. And if they are so sure that lawsuit is the only way that solution will come out, then why dont we see the lawsuit yet ? After all, private parties and smaller lawfirms have filed lawsuit so what's the hold-up at AILA/AILF if they are so sure that no solution is possible without lawsuits ?
Logiclife - I think it was a great idea to delete your post above - I truly think that the efforts of IV need to be commended but lets not forget that it was equally a combined effort of ALL stakeholders involved. Lets be humble during this hour of aniticipation.
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Lucky7
12-04 01:25 AM
I have been waiting since April 2001 for LC EB3 (India) and 4 weeks ago my Attorney calls me up tells me to see him ASAP.So i think Recruitment Instructions finally (LC was filed TR).
Wrong it turns out it is a Analysts Review and they come up with 3 problems:-
1. Job description 2 restrictive and tailored to applicants education and experience.
2. Applicant cannot claim job experience with same employer for job titled offered.
3. Wage is too low,currently making $54.00 an hour,they want $92.00 an hour.
So after addressing the job description and job experience issues and finally get my employer to agree to wage issues and we fax the paper work before the deadline.Have not heard a single thing for close to 5 weeks now.
Are any of you guys having problems with this issue and if so how long after did you get RI.If i dont get LC certified by end of 2007 i think any body with 2003 or earlier PD should file a class action lawsuit against DOL.
Also what happened to DOLs promise to start a date processing guideline,which was supposed to start 1st December 2006,so we would now if it was worthwhile to change from TR to RIR.
Wrong it turns out it is a Analysts Review and they come up with 3 problems:-
1. Job description 2 restrictive and tailored to applicants education and experience.
2. Applicant cannot claim job experience with same employer for job titled offered.
3. Wage is too low,currently making $54.00 an hour,they want $92.00 an hour.
So after addressing the job description and job experience issues and finally get my employer to agree to wage issues and we fax the paper work before the deadline.Have not heard a single thing for close to 5 weeks now.
Are any of you guys having problems with this issue and if so how long after did you get RI.If i dont get LC certified by end of 2007 i think any body with 2003 or earlier PD should file a class action lawsuit against DOL.
Also what happened to DOLs promise to start a date processing guideline,which was supposed to start 1st December 2006,so we would now if it was worthwhile to change from TR to RIR.
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Danko
01-06 07:36 AM
I have no interest in fragmenting the site by covering new topics that are less designer focused and more for developers.
Sounds like a conflict of interest then:
kirupa.com - Shocked Resource for Making Designers better Developers!
:beam:
Sounds like a conflict of interest then:
kirupa.com - Shocked Resource for Making Designers better Developers!
:beam:
vinzak
01-20 04:14 PM
I have observed that typically after becoming great, have a tendency to hide his/her EB3 roots. I mean, who'll hire you as a CEO or rocket scientist if they knew you used to be an EB3.
Obama's father was a Kenyan EB3, but Obama insists his father was an EB2. The labor certification that the white house has put out for Barack Obama is clearly a fake.
It's sad but true, America still judges you not by the content of your character but the color of your labor certification.
I propose that EB3s append "EB3" to their name (like Ganesh Teesravarg ME(Comp Sci.), EB3) so that they get more visibility, and ppl realize they live among us, and with some help can actually be productive members of society.
Obama's father was a Kenyan EB3, but Obama insists his father was an EB2. The labor certification that the white house has put out for Barack Obama is clearly a fake.
It's sad but true, America still judges you not by the content of your character but the color of your labor certification.
I propose that EB3s append "EB3" to their name (like Ganesh Teesravarg ME(Comp Sci.), EB3) so that they get more visibility, and ppl realize they live among us, and with some help can actually be productive members of society.
krish2005
11-09 08:47 PM
I am opposing STEM cell bill then, I dont want to see Kaurava's running around...::-)
:D
"Science is a double edged". I would support stem cell research if there are ways control it and not to jeopardize nature's protocols.
lol. I could imagine the comical kaurava clowns running around when you put that post. :D:D:D
:D
"Science is a double edged". I would support stem cell research if there are ways control it and not to jeopardize nature's protocols.
lol. I could imagine the comical kaurava clowns running around when you put that post. :D:D:D
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