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angeldee888

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Posts posted by angeldee888

  1. Being hurt by someone you love is never easy. I'm really sorry that you're going thru all this pain. Its never easy to see the bad things in your relationship because you love the man and you hope with all your heart that he loves you back the same way or even more.

    But the thing is, a man who wants you in his life will do everything he can to SHOW YOU that he wants you in it without you even having to tell him.

    A man who wants you in his life will do everything to KEEP YOU IN HIS LIFE ~ like finding a way to get you both to be together not by just a few days visit here and there a few times a year. THAT IS NOT A RELATIONSHIP. To me ... that's a SIDELINE.

    A man who loves you will be careful with your heart and will do his best to not hurt you INTENTIONALLY because he does not want you to be in pain and because he loves you and he wants you to be happy because BEING WITH YOU makes him happy.

    there is no perfect relationship in this world. One couples formula for making their relationship work does not mean that their same formula will work for another or ten thousand other relationships but the key is that BOTH of you find a way to make it work.

    BOTH means you and him. Not just you alone.

    When you feel alone in a relationship ... then WHY BE OR CONTINUE TO BE IN ONE?

    RELATIONSHIP = You + Him

    We all want to be loved and needed and cherished but to be with someone who makes you unhappy and hurting all the time with all the lying and the deceit is not the man for you.

    All the effort you put in being with him should be focused instead in finding the right man for you because you deserve that.

    You deserve the right kind of love and you deserve to be happy.

    I will pray for you.

    God bless.

  2. gcd ... first things first :

    your I140 cannot be approved if you're h1b is still being appealed or is pending. Before your I140 can be approved you have to have your labor cert first THEN the I140. There is something wrong with your situation or maybe you're a little confused.

    This is the flow :

    STEP 1 - H1B

    after this is approved then you move to apply for a Labor Cert (Step 2)

    STEP 2 - LABOR CERT

    Qualifying Criteria

    Applications filed on or after March 28, 2005, must file using the new PERM process and adhere to the new PERM Regulations;

    The employer must hire the foreign worker as a full-time employee.

    There must be a bona fide job opening available to U.S. workers.

    Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications. In addition, the employer shall document that the job opportunity has been and is being described without unduly restrictive job requirements, unless adequately documented as arising from business necessity.

    The employer must pay at least the prevailing wage for the occupation in the area of intended employment.

    Process for Filing

    1.Application. The employer must complete an Application for Permanent Employment Certification (ETA Form 9089). The application will describe in detail the job duties, educational requirements, training, experience, and other special capabilities the employee must possess to do the work, and a statement of the prospective immigrant's qualifications.

    2.Signature requirement. Applications submitted by mail must contain the original signature of the employer, alien, and preparer, if applicable, when they are received by the National Processing Center (NPC). Applications filed electronically must, upon receipt of the labor certification issued by ETA, be signed immediately by the employer, alien, and preparer, if applicable, in order to be valid.

    3.Prevailing wage. Prior to filing ETA Form 9089, the employer must request a prevailing wage determination from the State Workforce Agency (SWA) having jurisdiction over the proposed area of intended employment. The employer is required to include on the ETA Form 9089 the SWA provided information: the prevailing wage, the prevailing wage tracking number (if applicable), the SOC/O*NET (OES) code, the occupation title, the skill level, the wage source, the determination date, and the expiration date.

    4.Pre-Filing Recruitment Steps. All employers filing the ETA Form 9089 (except for those applications involving college or university teachers selected pursuant to a competitive recruitment and selection process, Schedule A occupations, and sheepherders) must attest, in addition to a number of other conditions of employment, to having conducted recruitment prior to filing the application.

    The employer must recruit under the standards for professional occupations set forth in 20 CFR 656.17(e)(1) if the occupation involved is on the list of occupations, published in Appendix A to the preamble of the final PERM regulation. For all other occupations not normally requiring a bachelor's or higher degree, employers can simply recruit under the requirements for nonprofessional occupations at 20 CFR 656.17(e)(2). Although the occupation involved in a labor certification application may be a nonprofessional occupation, the regulations do not prohibit employers from conducting more recruitment than is specified for such occupations.

    The employer must prepare a recruitment report in which it categorizes the lawful job-related reasons for rejection of U.S. applicants and provides the number of U.S. applicants rejected in each category. The recruitment report does not have to identify the individual U.S. workers who applied for the job opportunity.

    When you are approved and you have a letter from the DOL stating you are certified with your qualifications to work in the US then your company files for the I140.

    STEP 3 - I-140

    It is your employer who file for the I-140 petition, with the following.

    Filled Form I-140

    Approved PERM (Labor Certificate).

    I140 filing fee of $585( effective Nov, 23, 2010) by check or money order made payable to the relevant USCIS regional Service Center.

    Proof of the financial position of your employer/company in the form of an audited financial statement or a statement from the CFO of your company.

    Experience letters from all your previous employers.

    Other documents such as degree certificates, qualification letters etc. may be required.

    *Note: At this stage no documents required for the family member of the sponsored applicant.

    When the Form I-140 employment-based immigrant visa petition is submitted to the USCIS Service Center , the petitioner must indicate whether the beneficiary will apply for “consular processing” at an American Consulate overseas for an immigrant visa or will apply for adjustment of status (AOS or I-485) to permanent residence with the INS.

    When you i140 is approved then you file for the green card or what the call the adjustment of status also knows as I-485.

    So you see the confusion here when you are asking about your H1B appeal and being out of status but you said you already have the approved notice of the I140.

    If you have done all the steps above and you have your I140 then your next step is to apply for the GC ... but another confusing note here is that you said your H1B was filed in 2009. The Employment Based green card application takes more than 2 years to accomplish.

    You might wanna check and double check on your paperworks and who is filing for you? You might want to ask them to clarify the process and timelines with you.

    Best of luck!

  3. You can find the right verbage - but from my experience for filing your GC you should hire a lawyer rahter then just you filing.

    Hi Frontwheel ... I agree with Harsh 100%.. There are immigration lawyers for a reason. Especially now when the unemployment rate is sky high. Your employer will have to prove to DOL and INS why no other US citizen or legal perm resident is fit for your job. Hiring a lawyer is the safest way to go. At least for me it did.

    In my experience, after we placed the first ad ... two years later my attorney received a notice from the DOL that we had to RE-ADVERTISE MY POSITION once more. After spending more money and waiting 3 more months, it was only then that my Labor Cert was approved.

    After the labor cert was approved, I got my green card after 3 years.

    I know hiring a lawyer is expensive ... but in the end, for me, having a good immigration attorney was worth every penny I paid them because after all the roadblocks I had to go thru, they were the ones who saved me the time, trouble, headaches and panic attacks.

  4. Hi gcd, when I was still filing for my h1 years back, my lawyer told me that for as long as the application or appeal is in process then you should not be out of status.

    Who is handling your case? Is it an immigration attorney or your is it your company who is working on your H1 directly? You can double check with whoever is handling it just to make sure.

    Best of luck!

  5. As far as I know, when you have your H1B, you CAN go back to your birth country for a visit but the only down side are all the hassles you have to go thru when you come back from your birth country.

    example:

    1. Will the immigration from your birth country (Philippines) allow you to leave without giving you problems.

    2. US immigration recognizes the H1B but may question you because it may seem like you came as a tourist with an intent to look for a job here in the US without any plans of ever going back to the Philippines.

    You will still be able to travel to and back but it can be pretty nerve wracking once you're detained and questioned.

    I chose to not leave at all and waited until I got my green card before making plans to leave the US for this one and only reason : Its easier to travel in and out of the US with the permanent resident or green card in your hand. No more questions and long lines to wait in.

    Again, its a personal choice and not because I was afraid of not being able to come back to the US.

    If you still have more questions, you can always ask your immigration attorney =)

    Best of luck.

  6. Hitting the internet for job searches is a good way to start but their are two realities to consider :

    1. There are a lot of US Citizens and Legal Permanent Residents that are currently unemployed. It will be pretty difficult for a company to get an approval for H1B status for a non-citizen or LPR because they will be required by the DOL to show pretty darn good proofs why the applying alien is better to hire than the USC or LPR.

    2. It is still pretty difficult to find a job here in the US for USCs and LPRs. Not many companies are hiring and in fact, I know of some that are still doing lay offs. Until the US economy gets better, the search for jobs here is pretty much a fight amongst the unemployed. Some have even taken pay cuts just to survive.

    In the past, where there were about 20 - 50 applicants for one position, right now you're looking at roughly about 275 - 550 applicants (or more) for one position in a company. Most of them have masters degrees, more years and better work experience, etc etc.

    While there is no harm in checking and applying online, you need to advise your sister of the realities if in case she wonders why she has not received any contacts from prospective companies yet.

    Best of luck and wishing you and your sister all the best.

  7. I got my permanent resident card / green card without an interview. It was just sent in the mail once the visa bulletin board became current with my priority date.

    I came via tourist but a relative recommended me to a company who saw my credentials and wanted me to work for them. They sponsored me and my tourist visa changed to H1B.

    After H1B, I had to be labor certified. Once the Dept of Labor certified me, my adjustment of status / I-130 and I-485 were then sent.

    Got my green card in the mail last month without any interview.

    I guess its on a case to case basis. Most approval of AOS applications via employer petitions that I know of did not have to go thru an interview and the GCs were all received in the mail like mine.

    GCs via marraige are usually 100% sure of an interview before approvals.

  8. Thank you everyone for responding ... I was getting different answers from other people and just didnt know if I could move on from here.

    Congratulations to all who have received their PRC / adjustment of status approval and those who have become USCs already

    Wishing speedy results for the others who are still waiting. Before you know it ... what you have been waiting for is already in the mail.

  9. Hello everyone. I just got my adjustment of status about 2 months ago :D .... and it came just in time as my company seems to be on the verge of issuing furloughs for the entire staff. Instead of working 5 days, some will work only 4 days and others 3 days.

    I have offers to work for other companies with better benefits and higher pay.

    The problem is I got my PR card / adjustment of status via my employer who sponsored me.

    So my question is :

    Can I resign and leave my company who sponsored me and work for another company to better my way of life? I heard that I can only leave IF I WILL DO THE SAME LINE OF WORK as my sponsoring company but the new job offer is not the same line of work.

    My employers have no problem with me resigning and understand the situation that they cannot offer their employees more than what they can at this point. I can leave with their blessings which is good.

    Will this cause problems for me if I resign and work for another company especially when I file for citizenship after 4 years?

    Please help :)

    Thank you.

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