xu1
08-15 09:55 AM
I am not sure whether to go for EB2 filing in PERM or wait one more year to file i485 (hope PD will reach 2003 september by next year october ). Even if i start EB2 perm now it's going to take at least one year to clear labor and i140 (if every thing smooth).
It should be worth it, because you didn't indicate the company would revoke your eb3+I140 approval.. Why not give it a try?
And if you start EB2 perm now, if everything's smooth, you may be cleared within 6-7 months (say, premium I140 is allowed for Eb2 then)
It should be worth it, because you didn't indicate the company would revoke your eb3+I140 approval.. Why not give it a try?
And if you start EB2 perm now, if everything's smooth, you may be cleared within 6-7 months (say, premium I140 is allowed for Eb2 then)
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sathyaraj
11-14 01:19 PM
The EAD process has changed. You do not need FP for EAD approval.
kris04
07-06 07:44 PM
Why would you need an EVL from your new employer or inform the USCIS of your job change, in this case? AC21 does not require you to "file AC21" (whatever that means), contrary to what has been advised in this forum many times. Please Google "Yates memo;" see, e.g., http://www.shusterman.com/pdf/ac21-51205.pdf. Here are my attorney's comments in this regard:
"AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."
I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"
with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.
Cheers
Kris
"AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."
I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"
with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.
Cheers
Kris
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EndlessWait
06-20 12:10 PM
.. bumping
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abby17
04-15 12:58 PM
Hello, I think I made a mistake. I recently went from GC to citizenship and it cost me my job. I was
fired shortly after becoming a citizen. I am from a country other than yours. Sorry about that. There is no particular website that represents immigration from the country I immigrated from.
The employer replaced me with a visa card holder. After I trained him, I was fired and my boss was fired.
I am a skilled programmer with advanced degree. Employers from the dice.com website refuse to even acknowledge my resumes. Being unemployed is no way to be a new citizen. So I am ready to give up searching and move to India,in search of programming work. All I want to do is write code. I do not desire to make a point or to annoy anyone, I just want to work and write source code and try to get on with my life.
What are my chances to find work with the giant IT corporations of India? I am ready to move today. Can I revoke my US citizenship and immigrate to your country??? Sorry sorry sorry if this offends anyone, I do not mean to annoy any of you. I just want to have a job and write code and I will be on my way.
Thank you, thank you, thank you, for permitting me to present my delima to this your website.
abby
fired shortly after becoming a citizen. I am from a country other than yours. Sorry about that. There is no particular website that represents immigration from the country I immigrated from.
The employer replaced me with a visa card holder. After I trained him, I was fired and my boss was fired.
I am a skilled programmer with advanced degree. Employers from the dice.com website refuse to even acknowledge my resumes. Being unemployed is no way to be a new citizen. So I am ready to give up searching and move to India,in search of programming work. All I want to do is write code. I do not desire to make a point or to annoy anyone, I just want to work and write source code and try to get on with my life.
What are my chances to find work with the giant IT corporations of India? I am ready to move today. Can I revoke my US citizenship and immigrate to your country??? Sorry sorry sorry if this offends anyone, I do not mean to annoy any of you. I just want to have a job and write code and I will be on my way.
Thank you, thank you, thank you, for permitting me to present my delima to this your website.
abby
puvathoor
02-17 11:02 AM
"U" does not mean quota is done for FY 08...it may be "U" becoz for those categoreis, quarterly quota exhausted....USCIS normally does not grab the entire FY's quota at one time...they do it quarterly basis.
Even i think definitely before Oct itself, EB2 India moves ahead.
Pasted below is language from the Jan 2008 Visa Bulletin..
-------------------
D. INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE RETROGRESSION FOR JANUARY
It has been necessary to once again retrogress the India Employment Second preference cut-off date. This is a direct result of continued heavy applicant demand for numbers by CIS for adjustment of status cases despite the retrogression which occurred for December. It is likely that the annual limit for this category will be reached within the next few months, at which time the category would become “unavailable” for the remainder of fiscal year 2008.
-----------------
Based upon the above information in the Jan 2008 VB, I cannot digest that they use visa numbers on a quarterly basis.. I can appreciate visa numbers becoming available in later part of 2008 FY because of spillover from the other categories ( EB1) or ROW categories..
Also, Agree that credibility of this quote is to be questioned.. This is a very specific date / comment (I doubt State dept can predict April #s a month in advance of the actual date of release. Additionally, as discussed in many forums, because of the new no NC required if > 180 days, a lot of older PD applications in all categories will start getting visa # allocated. This is probably starting only in late Feb and pick up steam in March... I would think that state dept will wait and see how many visa # s are being allocated before making a drastic move on any visa categories..
I did some more searches on the Search engines and it did return out this statement across a few law firms' websites..
http://www.subhani-law.com/subhanilaw_subidx_news.aspx?main_idx=GAdmin2003551 43026
So the potential of a movement in the 2nd half because of spill over from Eb1 India / China to Eb2 India / China remains..
There is reason to be optimistic..
Even i think definitely before Oct itself, EB2 India moves ahead.
Pasted below is language from the Jan 2008 Visa Bulletin..
-------------------
D. INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE RETROGRESSION FOR JANUARY
It has been necessary to once again retrogress the India Employment Second preference cut-off date. This is a direct result of continued heavy applicant demand for numbers by CIS for adjustment of status cases despite the retrogression which occurred for December. It is likely that the annual limit for this category will be reached within the next few months, at which time the category would become “unavailable” for the remainder of fiscal year 2008.
-----------------
Based upon the above information in the Jan 2008 VB, I cannot digest that they use visa numbers on a quarterly basis.. I can appreciate visa numbers becoming available in later part of 2008 FY because of spillover from the other categories ( EB1) or ROW categories..
Also, Agree that credibility of this quote is to be questioned.. This is a very specific date / comment (I doubt State dept can predict April #s a month in advance of the actual date of release. Additionally, as discussed in many forums, because of the new no NC required if > 180 days, a lot of older PD applications in all categories will start getting visa # allocated. This is probably starting only in late Feb and pick up steam in March... I would think that state dept will wait and see how many visa # s are being allocated before making a drastic move on any visa categories..
I did some more searches on the Search engines and it did return out this statement across a few law firms' websites..
http://www.subhani-law.com/subhanilaw_subidx_news.aspx?main_idx=GAdmin2003551 43026
So the potential of a movement in the 2nd half because of spill over from Eb1 India / China to Eb2 India / China remains..
There is reason to be optimistic..
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gc_peshwa
01-26 07:00 PM
IMHO this is a tremendous start. If at all the lawmakers do get serious about this proposal we need to lobby hard to include MS students and EB community as part of one of the amendments. If President Obama can mention MS students in in speech to the nation I feel he would atleast support it.
The topic of STEM students getting stapled green cards should be relatively less controversial.
The topic of STEM students getting stapled green cards should be relatively less controversial.
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hopelessGC
04-21 01:45 PM
Yes, you can move to H4 and then to H1-B as long as that H1-B is filed within 12 months. Otherwise, your application will be subject to 65K cap limit
H4 can be filed onself, I have seen some of my friends do it. To file AOS once PD is current, it is essential that one be in H1-B status.
Guys, let us refrain from making incorrect statements. This can affect someone's decision negatively. Post answers only if your are sure that it is a correct answer or have personal experience.
H4 can be filed onself, I have seen some of my friends do it. To file AOS once PD is current, it is essential that one be in H1-B status.
Guys, let us refrain from making incorrect statements. This can affect someone's decision negatively. Post answers only if your are sure that it is a correct answer or have personal experience.
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edaltsis
11-12 10:26 AM
One of my friends got his H1 Transferred w/o pay stub. It depends on the lawyer, some can manage to get this done and it also depends on USCIS officer who deals your case. Try to hire a good lawyer and they should be able to help you out.
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vandanaverdia
09-09 02:52 PM
Just sent the details on email.
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jonty_11
01-15 02:53 PM
I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.
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gcseeker2002
01-20 05:00 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.
There are hundreds of eb3s including me, waiting for last several years, to do the work that all the other waiting eb3s would be proud of, but sadly enough, we have not yet got the greeeeeeeeeeeeeen caard :D
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.
There are hundreds of eb3s including me, waiting for last several years, to do the work that all the other waiting eb3s would be proud of, but sadly enough, we have not yet got the greeeeeeeeeeeeeen caard :D
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chi_shark
09-04 12:35 PM
did you pray for people who died in katrina? or for iraq war casualties?
Guys,
Here is the list of people who recently died in my village. Let us all pray for their soul to rest in peace. Please understand that when we can pray for YSR..we can do for these people also. Every life has the same value...dont you agree..
1. Rasu Devan
2. Kenkai ammal
3. Gandhi mathi (lady only).
Please all do pray for the poor souls. From today onwords I will post all the dead people list in IV and let us all pray for them. Thanks for your support and prayer. Please let your freinds and family know about this and ask them to join in our prayer. Once again thanks guys.
You are more than welcome to give red dots.
Guys,
Here is the list of people who recently died in my village. Let us all pray for their soul to rest in peace. Please understand that when we can pray for YSR..we can do for these people also. Every life has the same value...dont you agree..
1. Rasu Devan
2. Kenkai ammal
3. Gandhi mathi (lady only).
Please all do pray for the poor souls. From today onwords I will post all the dead people list in IV and let us all pray for them. Thanks for your support and prayer. Please let your freinds and family know about this and ask them to join in our prayer. Once again thanks guys.
You are more than welcome to give red dots.
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Juan28210
11-03 03:59 PM
Hi,
I'm on H1b visa. My employer refuses to pay for my medical insurance. Does anyone know if this is legal?
Thanks.
I'm on H1b visa. My employer refuses to pay for my medical insurance. Does anyone know if this is legal?
Thanks.
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abd
03-05 10:18 AM
My I-140 got approved without RFE EB2 on 03/02/07.
RD 07/27/06
LUD 08/16/06
Approval Date 03/02/07.
Now joining endless wait for 485 filing.
RD 07/27/06
LUD 08/16/06
Approval Date 03/02/07.
Now joining endless wait for 485 filing.
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vejella
08-01 11:07 PM
2008 quota can never be used in 2007.
I mean most of the 2008 quote WILL BE used not already been used..
I mean most of the 2008 quote WILL BE used not already been used..
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keerthi
05-13 02:26 PM
Many thanks for that reply.
My core responsibility in the organization is Engineering. As a side note, I also manage the Engineering team. I suppose that L1-B suits my role.
I would also let my employer know of the H1-B option. In the meantime, I will ask my employer to withdraw the L1-B appeal from AAO and file a new L1-B with proper documentation or a H1-B.
But, can we apply for a H1-B when my L1-B is pending in the AAO?
My core responsibility in the organization is Engineering. As a side note, I also manage the Engineering team. I suppose that L1-B suits my role.
I would also let my employer know of the H1-B option. In the meantime, I will ask my employer to withdraw the L1-B appeal from AAO and file a new L1-B with proper documentation or a H1-B.
But, can we apply for a H1-B when my L1-B is pending in the AAO?
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pappu
11-21 06:49 AM
Should we mail paulmcd@cmp.com (Paul McDougall )of information Week.
See: http://www.informationweek.com/news/showArticle.jhtml?articleID=194700008&subSection=All+Stories
sure. send it.
The article says---
"A lobby group backed by IBM, Microsoft, Intel, and other tech industry giants is urging Congress to pass a new research and development tax credit and increase the supply of H1-B immigrant visas before the current session adjourns."
H1B visa is not an immigrant visa. It is a non immigrant visa. Everybody confuses H1B visa as the immigrant high skilled visas (Gcs). Moreover this article has no mention of greencards.
Gcs are not part of their agenda as per their website-- http://www.itaa.org/policy/immigration/
We will be neglected and our voice will not be heard if we dont do anything. IV core is working hard but they cannot do it alone without the help from each and every member. Each IV member is important to our success. We cannot afford to leave it to others to do it for us. The collective muscle of our efforts will create miracles for us. I see from a total of 450+ members that logged in yesterday only 12 people sent emails to 60 min. This kind of response to calls for action will not help our cause. Same goes for the state chapters. How many of us have actually gone to the state chapter thread and signed up? Pls. ask this yourself before posting new messages on the forum.
See: http://www.informationweek.com/news/showArticle.jhtml?articleID=194700008&subSection=All+Stories
sure. send it.
The article says---
"A lobby group backed by IBM, Microsoft, Intel, and other tech industry giants is urging Congress to pass a new research and development tax credit and increase the supply of H1-B immigrant visas before the current session adjourns."
H1B visa is not an immigrant visa. It is a non immigrant visa. Everybody confuses H1B visa as the immigrant high skilled visas (Gcs). Moreover this article has no mention of greencards.
Gcs are not part of their agenda as per their website-- http://www.itaa.org/policy/immigration/
We will be neglected and our voice will not be heard if we dont do anything. IV core is working hard but they cannot do it alone without the help from each and every member. Each IV member is important to our success. We cannot afford to leave it to others to do it for us. The collective muscle of our efforts will create miracles for us. I see from a total of 450+ members that logged in yesterday only 12 people sent emails to 60 min. This kind of response to calls for action will not help our cause. Same goes for the state chapters. How many of us have actually gone to the state chapter thread and signed up? Pls. ask this yourself before posting new messages on the forum.
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simple1
10-06 03:57 PM
smuggymba, every one knows you are an anti immigrant. dont waste time here with fake posts.
Why should I make the fact gaps public and train anti immigrants like you ?
simple1 - whenever I see ur reply, it's regarding a toll alert. Same with ronhira guy. All you 2 two do is issue toll alert whenever someone asks a question.
H1-B audits are a reality and he is asking about a visit that he got because clearly no one expects it. What's the problem? What fact gaps did ur james bond brain find?
Why should I make the fact gaps public and train anti immigrants like you ?
simple1 - whenever I see ur reply, it's regarding a toll alert. Same with ronhira guy. All you 2 two do is issue toll alert whenever someone asks a question.
H1-B audits are a reality and he is asking about a visit that he got because clearly no one expects it. What's the problem? What fact gaps did ur james bond brain find?
desitechie
07-14 08:43 PM
One should be good enough.
americandesi
06-06 07:08 PM
The contract that you signed is valid only if UBS and your vendor have a work order between them stating that you will be offering your services to UBS from such and such date. As you failed the background check, I assume that they never executed such a work order.
Your vendor is asking for trouble. They're supposed to pay you the prevailing wage from the day you started working with them until the termination of employment. Moreover termination of employment is applicable only if they notify USCIS to cancel your H1. In such a case they're supposed to provide a return flight ticket for you and your dependents.
Your employer obviously doesn't know the rules governing H1 and is trying to play scare tactics with you. All you need to do now is to find another employer and transfer your H1. Then file a complaint with DOL to recover the backwages for the period you were on bench.
Your vendor is asking for trouble. They're supposed to pay you the prevailing wage from the day you started working with them until the termination of employment. Moreover termination of employment is applicable only if they notify USCIS to cancel your H1. In such a case they're supposed to provide a return flight ticket for you and your dependents.
Your employer obviously doesn't know the rules governing H1 and is trying to play scare tactics with you. All you need to do now is to find another employer and transfer your H1. Then file a complaint with DOL to recover the backwages for the period you were on bench.
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