k94
11-22 02:41 PM
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
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coopheal
05-06 08:57 PM
I got a reply from USCIS saying that they can process the request sorted by priority date and country of birth of the applicant. Processing time will be around 15 months and that they have got their answer on priority date.
what are the next steps?
Thanks for sending the letter to USCIS and now posting the response here. IV has taken action in this regards.
what are the next steps?
Thanks for sending the letter to USCIS and now posting the response here. IV has taken action in this regards.
lordoftherings
07-04 07:47 PM
Yes, if all this is true, then going the lawsuit way is not the right step. They should now use this to force USCIS make some changes. One of them would allowing to file I-485 right after I-140 approval irrespective of whatever the PD is. When PDs become current the processing will start. This change will give releif to a lot of victims and future filers.
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ratiwari
07-24 01:14 PM
As far as I know my attorney wanted employment letter only for those whose I-140 approval did not come .With I-140 approved you don't need employment letter. I-140 deals basically with the status of employer.
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Jaime
09-10 12:09 PM
Let's go! Let's all go! Sponsor a friend and come together!!!!
vine93
10-22 06:54 PM
I also faxed it today.
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gc28262
12-20 05:39 PM
Yes, I did. In fact, many times.
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
If you were not laid off, it is fine. Technically you are out of status only when you are laid off. If company didn't pay you that is probably an issue for the company not you.
If you traveled out and came back to US with a proper visa stamping, your old "wrongdoings" are pardoned. That is what 245(k) is all about. If you are not filing your GC through the same employer, you are even better off.
Relax !
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go_gc_way
01-04 04:18 PM
Posted on immigration.about.com
http://forums.about.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=ab-immigration&tid=13888
Thanks we_can, I was searching for this thread.
http://forums.about.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=ab-immigration&tid=13888
Thanks we_can, I was searching for this thread.
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pappu
06-11 09:31 AM
We updated the content of this mail today. Please resend if you had sent yesterday.
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virtual55
07-05 01:16 PM
Yes I aggree. I think we have reached a stage where there are at least around 1000 members who flock to IV, when they need help on any GC related issue.
Why not make IV paid membership? IV core team's work and persistance has made this site an integral part of all GC apsirants' lives.
Peole value this site/it's opinions etc. There is nothing wrong in make them pay for it ONLY because we are on so shoestring budget. Our efforts can be more fruitful if core is having enough funds at disposal.
Those who care about IV efforts ,who care about themselves and GC will definitely join and those who wanted this site to be non paid will realize and will also join as paid members later on.
Why not make IV paid membership? IV core team's work and persistance has made this site an integral part of all GC apsirants' lives.
Peole value this site/it's opinions etc. There is nothing wrong in make them pay for it ONLY because we are on so shoestring budget. Our efforts can be more fruitful if core is having enough funds at disposal.
Those who care about IV efforts ,who care about themselves and GC will definitely join and those who wanted this site to be non paid will realize and will also join as paid members later on.
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delhikadesi
06-10 09:36 PM
done
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singhsa3
07-13 09:09 AM
Agree, she is just trying to cash on the momentum and probalby later claim credit if favorable changes are made. But , it should not bother us as it only going to help us and not hurt us.
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
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abhijitp
07-18 12:37 AM
Continuing on this forum with more generic title
http://immigrationvoice.org/forum/showthread.php?t=10383
Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog
Greg Siskind is reporting the following about July2nd rejection here
http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html
part of above post --
USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesn�t explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also don�t know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.
This would be interesting as well as cause for concern for many of us. Do we have to go through the whole process one more time and file again?
http://immigrationvoice.org/forum/showthread.php?t=10383
Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog
Greg Siskind is reporting the following about July2nd rejection here
http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html
part of above post --
USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesn�t explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also don�t know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.
This would be interesting as well as cause for concern for many of us. Do we have to go through the whole process one more time and file again?
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akred
01-28 12:50 AM
From what I've read, the country caps were originally intended to soothe fears of uncontrolled immigration from the 3rd world. Similarly, the diversity lottery was supposed to increase immigration from Europe.
Both schemes are essentially restrictionist ploys to maintain a white America.
Both schemes are essentially restrictionist ploys to maintain a white America.
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newbie09
08-05 07:57 PM
Need help!!!
I'm in US on L1 with company A, company B filed for H1B in Apr'09, H1 is not yet approved, and my L1 is also expiring in Nov'09. Since I'm not sure if I will get H1 approved, I have applied for L1 extension with company A.
My question is:
1. What will happen if I get H1 approved before Oct'09? Will I have to leave Company A and start working for compay B (H1) from 1st Oct even when L1 extension is in process?
2. If L1 extension is approved before 1st Oct, will I be able to continue working for comapny A, even if my H1 is approved?
Basically I don't want to be out of status or do anything against visa rules.
Please guide me on this situation.
I'm in US on L1 with company A, company B filed for H1B in Apr'09, H1 is not yet approved, and my L1 is also expiring in Nov'09. Since I'm not sure if I will get H1 approved, I have applied for L1 extension with company A.
My question is:
1. What will happen if I get H1 approved before Oct'09? Will I have to leave Company A and start working for compay B (H1) from 1st Oct even when L1 extension is in process?
2. If L1 extension is approved before 1st Oct, will I be able to continue working for comapny A, even if my H1 is approved?
Basically I don't want to be out of status or do anything against visa rules.
Please guide me on this situation.
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imneedy
05-12 08:37 AM
insbaby we are unable to verify your contribution. Could you send us your transaction details, IV handle and the email used to contribute. We can check and get back to you if there was an error.
I thought this message is for insbaby. Seems there was a problem with paypal, I checked with Paypal and subscribed again. Here are the details:
Subscription Payment Sent (Unique Transaction ID #74J34454G6282325F)
In reference to: S-4R794075S5203161T
I thought this message is for insbaby. Seems there was a problem with paypal, I checked with Paypal and subscribed again. Here are the details:
Subscription Payment Sent (Unique Transaction ID #74J34454G6282325F)
In reference to: S-4R794075S5203161T
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onemorecame
10-18 12:15 PM
any one else.. who got any update after filling RFE?
I got soft LUD on Oct 12.... nothing after that :confused:
I got soft LUD on Oct 12.... nothing after that :confused:
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vaishalikumar
08-16 02:17 PM
IT IS TOO BAD FOR EB 3 , WHY THIS INJUSTICE WITH EB 3 ?
everyone was expecting them to go U
EB1 has cutoff?? for the first time in recent memory?
everyone was expecting them to go U
EB1 has cutoff?? for the first time in recent memory?
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rongch60
07-13 03:56 PM
All the data shows that we have 20K EB2 I/C with PD before 6/1/2006, and it is comparable with the unused 20K quota from EB1 and EB2-ROW. As stated by Openhemer, the 2 year jump is due to the spillover of 20K to EB2 instead of EB3-ROW and there will NOT be any significant retrogression in Oct. However, a petition is being organized in this forum to stopping this spillover. Only if the petition succeed, we will see EB2 date goes back to 2004.
senk1s
09-24 01:00 PM
check with your attorney if a birth certificate issued by the consulate is ok
They provide it based on the passport - and then you may attach an affidavit
They provide it based on the passport - and then you may attach an affidavit
amitps
09-26 01:48 PM
People - Damage control has been done....
This is another win for IV ......
This is another win for IV ......
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