at0474
12-19 02:36 PM
Given the hopelessness of the situation in March, switched jobs and was unable to file labor for a variety of reasons. Now everyday I see people come over and tell me how they plan to switch jobs once the 6 month mandated hibernation is over...I feel like breaking something. Lot of them have even stopped working, confident that a new job awaits :mad:
8 years of paying taxes in this country and not even a piece of plastic to show for it. :mad:
--That ought to suck every bit of sanity left! I know "should have..would have..." doesn't matter anymore but I am curious why you did not opt to do labor substitution in june-july period. You should have had a crack at it.
I know people on h1 with consulting companies did better than those who got stuck with one permanent job.Stale career , stale pay and so on...
Do your best and make most of h1b.
8 years of paying taxes in this country and not even a piece of plastic to show for it. :mad:
--That ought to suck every bit of sanity left! I know "should have..would have..." doesn't matter anymore but I am curious why you did not opt to do labor substitution in june-july period. You should have had a crack at it.
I know people on h1 with consulting companies did better than those who got stuck with one permanent job.Stale career , stale pay and so on...
Do your best and make most of h1b.
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alterego
06-13 06:06 PM
The benefits to the porting are obvious. However let me share with you the considerations:
1) You have to change jobs presumably on another H1b visa in order to do so. There is inherently a risk in this when you do not have a green card. You'd certainly be a brave soul to change jobs on an EAD based on your EB3 petition while trying for an EB2 petition. How would you justify the same/similar requirement?
2) PERM labor certification is not going to be what it was previously given the current oversight.
3) Ported cases will definitely get more scrutiny (and probably more RFEs) from the USCIS.
4) Premium processing of 140 petitions is for a narrow subset of 140 filers who need to extend their H1b visas, failing which you are likely to take well over a year to get you 140 approved and therefore your PD ported.
5) Political calculations and the elections will be over by later this year, there will definitely be the impetus to address immigration as an urgent issue in the new political cycle and there will likely be a solution. If you are at the 485 stage, with a retrogressed PD as your only issue then you have one problem, if you are at an earlier stage then you may not be approvable at the stage when they are "generous".
If even after all this you feel your best chances are with EB2 then you should go ahead.
Good luck.
1) You have to change jobs presumably on another H1b visa in order to do so. There is inherently a risk in this when you do not have a green card. You'd certainly be a brave soul to change jobs on an EAD based on your EB3 petition while trying for an EB2 petition. How would you justify the same/similar requirement?
2) PERM labor certification is not going to be what it was previously given the current oversight.
3) Ported cases will definitely get more scrutiny (and probably more RFEs) from the USCIS.
4) Premium processing of 140 petitions is for a narrow subset of 140 filers who need to extend their H1b visas, failing which you are likely to take well over a year to get you 140 approved and therefore your PD ported.
5) Political calculations and the elections will be over by later this year, there will definitely be the impetus to address immigration as an urgent issue in the new political cycle and there will likely be a solution. If you are at the 485 stage, with a retrogressed PD as your only issue then you have one problem, if you are at an earlier stage then you may not be approvable at the stage when they are "generous".
If even after all this you feel your best chances are with EB2 then you should go ahead.
Good luck.
emmie
12-09 02:28 PM
Thank you very much for the response. I actually want to put 5 years minimum experience though my lawyer said that it is too much. He would recommend either 2 year or 0 year work experience for this position with M.S. degree. Accordingly, we come down to 2 years with M.S. degree. After receiving the audit letter, my lawyer said I should have put 0 year instead of 2 years. I was also told by my lawyer to give him the answer about the following questions:
1. Why does the company require 2 years of work experience?
2. Why does the company require M.S. degree for this position?
3. Why does all skills and programs require for this position?
4. How long it take to obtain those skills and programs?
I�m very confused and have no idea what to answer why the company require M.S. degree since it is the requirement. Have anybody also have the format of the audit letter?
Also, if I have to be outside of the country by taking vacation due to this H1B issue that is going to reach the 6th year, do I have to be employed full time with the company and get pay as well? Thank you very much.
1. Why does the company require 2 years of work experience?
2. Why does the company require M.S. degree for this position?
3. Why does all skills and programs require for this position?
4. How long it take to obtain those skills and programs?
I�m very confused and have no idea what to answer why the company require M.S. degree since it is the requirement. Have anybody also have the format of the audit letter?
Also, if I have to be outside of the country by taking vacation due to this H1B issue that is going to reach the 6th year, do I have to be employed full time with the company and get pay as well? Thank you very much.
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javadeveloper
03-17 10:17 PM
Here is my situation, someone please suggest me:
I am using EAD to work for my GC sponsoring company and I got laid off. My HR says that they are going to inform USCIS that I am no longer working for them. HR also says that they won’t cancel my approved I-140 and going to rehire me once I get the new project.
My question:
When I joined them there is information to USCIS.I just filled I-9 form and gave it to the company, no information to USCIS. Now when I got terminated what is the need for the company to inform this to USCIS? Anyhow I am going to join them once I get the new project in couple of months. Is it a new law? Will there be any problem at the POE if travel outside US and come back using AP? Is there any chance that USCIS sends me RFE?
Thanks In Advance
I am using EAD to work for my GC sponsoring company and I got laid off. My HR says that they are going to inform USCIS that I am no longer working for them. HR also says that they won’t cancel my approved I-140 and going to rehire me once I get the new project.
My question:
When I joined them there is information to USCIS.I just filled I-9 form and gave it to the company, no information to USCIS. Now when I got terminated what is the need for the company to inform this to USCIS? Anyhow I am going to join them once I get the new project in couple of months. Is it a new law? Will there be any problem at the POE if travel outside US and come back using AP? Is there any chance that USCIS sends me RFE?
Thanks In Advance
more...
casinoroyale
02-07 11:17 AM
Yes, this is not falling in place with their processing dates. But i think, you should be getting your approval any time. May be, have your attorney contact Vermont center for inquiry. Or you can call the customer service directly.
I filed for H-1 extension on Aug 23rd. Still not approved. Dont know why they have dates at Oct.......
I filed for H-1 extension on Aug 23rd. Still not approved. Dont know why they have dates at Oct.......
diptam
07-28 02:03 PM
Also there could be election year effect because most of the resources at NSC are directed to work on Naturalization cases but why to single out just EB3 cases ? Didn't they have sufficient approved EB2 140 at hand to give them a 485 ?
I never imagined being stuck for 15 months for a 140 - at the most 9-12 months was my worst case analysis. My plans of porting from Eb3 to Eb2 got ruined , job change AC21 all preparations went haywire. I've already renewed EAD card once but can't use it confidently unless this Eb3 140 is approved .
How come EB3 at TSC is going smoothly - didn't they get the directive like NSC to stop working on EB3 140 's ?
....................
But here is something very interesting I just noticed from the list. A bunch of the approvals for July 2007 filers occurred during Jan-Feb 2008, but after that NOTHING!! I can only speculate that under some directive, they were ordered not to touch our cases after that timeframe. I *think* it was because they wanted to use up the EB2 visas, so they only worked on that moving forward, that's why ~ 80% of July-Aug EB2 140's have been processed so far.
But again I reiterate, many of us will see the silver lining & feel the sunshine this year .................
I never imagined being stuck for 15 months for a 140 - at the most 9-12 months was my worst case analysis. My plans of porting from Eb3 to Eb2 got ruined , job change AC21 all preparations went haywire. I've already renewed EAD card once but can't use it confidently unless this Eb3 140 is approved .
How come EB3 at TSC is going smoothly - didn't they get the directive like NSC to stop working on EB3 140 's ?
....................
But here is something very interesting I just noticed from the list. A bunch of the approvals for July 2007 filers occurred during Jan-Feb 2008, but after that NOTHING!! I can only speculate that under some directive, they were ordered not to touch our cases after that timeframe. I *think* it was because they wanted to use up the EB2 visas, so they only worked on that moving forward, that's why ~ 80% of July-Aug EB2 140's have been processed so far.
But again I reiterate, many of us will see the silver lining & feel the sunshine this year .................
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gotgc?
12-20 09:28 AM
bumping...
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bsbawa10
04-18 07:41 PM
I have sent letter twice. They forward it as it is to USCIS and send a reply back that it has been forwarded to USCIS for action. Then you receive a letter or call from USCIS that your case cannot be considered unless your PD becomes current.
more...
ambals03
04-11 11:07 AM
How much money is being raised and how it is being used ?
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acecupid
08-04 12:08 PM
Mumbai consulate.
They asked for zero documents.
I had taken a ton of documents
Salary slips
Tax returns
I129 petition copy
H1 approval
Name it I had it
But he asked me nothing
Does mumbai consulate still require you to submit documents in advance (4-5 days) of the interview date ?
They asked for zero documents.
I had taken a ton of documents
Salary slips
Tax returns
I129 petition copy
H1 approval
Name it I had it
But he asked me nothing
Does mumbai consulate still require you to submit documents in advance (4-5 days) of the interview date ?
more...
GCIsLuck
10-05 01:54 PM
I received IRS tax audit check for year 2005 last week. I guess mostly I can defend my audit and I have scheduled an appointment with IRS tax manager for next week
However god forbid if I have to pay penalty on audit,I was wondering this would impact anything on my 485 process. Does it have any impact
Appreciate your thoughts.
If anyone faced this problem please, please give ur ideas
However god forbid if I have to pay penalty on audit,I was wondering this would impact anything on my 485 process. Does it have any impact
Appreciate your thoughts.
If anyone faced this problem please, please give ur ideas
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aamchimumbai
03-12 11:33 AM
You need to have your old I-140 approved to port PD to your new I-140. If the old 140 is not approved by the time you file you new 140...thats fine. At a later stage when your old 140 gets approved have your lawyer send a letter to the processing center with PD porting request for the new one. At that time your new 140 can be in processing stage.
Hope this helps.
The category of I-140 from my previous employer is EB2 and the new PERM i will apply from my new employer will also be in EB2. Just wanted to know if application for I-140 and date porting can go together or i have to wait for new I-140 to get approved inorder to port priority date.
Thanks.
Hope this helps.
The category of I-140 from my previous employer is EB2 and the new PERM i will apply from my new employer will also be in EB2. Just wanted to know if application for I-140 and date porting can go together or i have to wait for new I-140 to get approved inorder to port priority date.
Thanks.
more...
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karthkc
02-29 11:26 AM
please don't post information you are not sure of. unless employer withdraws H1 there is no way USCIS can know of this. (Employers are not legally bound to file for H1 withdrawal) Also I would like to know the source of your 'zero tolerance' policy in regards to H1. In fact they forgive upto 6 months of 'unauthorized' employment when processing I-485. (http://www.murthy.com/news/n_nscuna.html). If they wanted to have 'zero tolerance' they would have forced employers to withdraw H1 or atleast inform USCIS of layoff.
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
This is not fear mongering. You DO NOT have a grace period for H1B termination as you do on F1-OPT or anything similar.
The right way to stay in H1 status is to get a transfer BEFORE the termination date on your H1B.
In reality however, USCIS may not look at it from a zero tolerance policy while ACTUALLY adjudicating the case. They may approve the transfer if the paystubs are "RECENT" enough or may send an RFE. The usual criteria for recent is two weeks or sometimes upto a month. Anything longer is at your own risk.
The 6 month period hoolahous refers to in the link is for "UNAUTHORIZED EMPLOYMENT" meaning working for an employer other than your H1b sponsoring entity usually the H1B petition is still valid. I believe that is not the case here.
If you would like to stay on H1 status, my suggestion would be to apply for a transfer with another employer before the end date of your current job.
If that does not work, you always have the option of using EAD to get another job, but in the meantime your status should be fine as you have filed for your 485 and you will be in AOS.
As always, check with an attorney for your specific situation and use your best judgement.
Good Luck!
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
This is not fear mongering. You DO NOT have a grace period for H1B termination as you do on F1-OPT or anything similar.
The right way to stay in H1 status is to get a transfer BEFORE the termination date on your H1B.
In reality however, USCIS may not look at it from a zero tolerance policy while ACTUALLY adjudicating the case. They may approve the transfer if the paystubs are "RECENT" enough or may send an RFE. The usual criteria for recent is two weeks or sometimes upto a month. Anything longer is at your own risk.
The 6 month period hoolahous refers to in the link is for "UNAUTHORIZED EMPLOYMENT" meaning working for an employer other than your H1b sponsoring entity usually the H1B petition is still valid. I believe that is not the case here.
If you would like to stay on H1 status, my suggestion would be to apply for a transfer with another employer before the end date of your current job.
If that does not work, you always have the option of using EAD to get another job, but in the meantime your status should be fine as you have filed for your 485 and you will be in AOS.
As always, check with an attorney for your specific situation and use your best judgement.
Good Luck!
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ingegarcia
06-17 04:42 PM
I do not think this is standard. I worked for a consultant company for 7 years and never saw an agreement like that!!
The only major issue I see here is "Reasonable notice period"? what is considered to be sufficient notice period? If they say it is 2 weeks, then I dont see a problem in that. Most companies would expect that you provide them with atleast 2 weeks notice before leaving employment. This is normal. But without specifying anything of that sort, it is scary. After you sign the agreement, the company might come back and say, the sufficient notice period is 3 months, Then you are screwed. So, clear those things up.
As far as the accuracy is timesheets are concerned, those are pretty much standard language. Since you will get your timesheet signed by your client manager and always have a copy of this timesheet, you will be safe. Also, tranfering your billing is always part of any non-compete agreement. Not just with Desi consultants.
So, the only thing I see is the broader scope of the reasonable notice period. IF you can get that cleared and have the number of days of notice period expected in the agreement, you should be ok.
The only major issue I see here is "Reasonable notice period"? what is considered to be sufficient notice period? If they say it is 2 weeks, then I dont see a problem in that. Most companies would expect that you provide them with atleast 2 weeks notice before leaving employment. This is normal. But without specifying anything of that sort, it is scary. After you sign the agreement, the company might come back and say, the sufficient notice period is 3 months, Then you are screwed. So, clear those things up.
As far as the accuracy is timesheets are concerned, those are pretty much standard language. Since you will get your timesheet signed by your client manager and always have a copy of this timesheet, you will be safe. Also, tranfering your billing is always part of any non-compete agreement. Not just with Desi consultants.
So, the only thing I see is the broader scope of the reasonable notice period. IF you can get that cleared and have the number of days of notice period expected in the agreement, you should be ok.
more...
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krishnam70
02-15 02:32 PM
What you are advising her/him to do is lie to USCIS that he/she is sick when she is not. This is on the same lines as doing what those guys behind bars did, brining people on H-1B from India to the US without actually having a job for them.
Again, its people like you that is giving genuine legal immigrants a bad name, and putting us all (including yourself) in the LONG immigration queue!
I see that you have written letters and participated in other campaigns. None of those will materialize if you're teaching others to missuse the H-1B system. How hard is it for you to understand that these are the kinds of loopholes because of which we are stuck with no visa numbers?
Pllleeeease dont act sacrosant.. dont tell me you never faked your resume about your project to get a break.
The reason the DESI body shop companies got raided and charged are because they
1. filed H1 from IOWA because they knew that the wait period was few weeks and then used those.
2. They used faked/forged documentation to do that, not one but probably hundreds of cases. You dont get charged with mail forgery etc for nothing
3. They used those H1's to employ the candidates in other areas which beats the LCA from IOWA since they got certified from IOWA DOL that jobs aspirants of that nature did not exist in that area for the salary they were getting paid..
You sound as if you want that guy to leave everything and go back to his home country because he has lost his job. I BET if you were in a similar situation you would do something like that and dont be pretentious about it and be a hypocrite. If it becomes untenable for the person to stay any longer here without the project he/she will leave anyway.
I have just pointed out a way to get a reprieve for few extra days and its not going to cause a 6 year backlog in your dates.. so chillout
peace
kris
Again, its people like you that is giving genuine legal immigrants a bad name, and putting us all (including yourself) in the LONG immigration queue!
I see that you have written letters and participated in other campaigns. None of those will materialize if you're teaching others to missuse the H-1B system. How hard is it for you to understand that these are the kinds of loopholes because of which we are stuck with no visa numbers?
Pllleeeease dont act sacrosant.. dont tell me you never faked your resume about your project to get a break.
The reason the DESI body shop companies got raided and charged are because they
1. filed H1 from IOWA because they knew that the wait period was few weeks and then used those.
2. They used faked/forged documentation to do that, not one but probably hundreds of cases. You dont get charged with mail forgery etc for nothing
3. They used those H1's to employ the candidates in other areas which beats the LCA from IOWA since they got certified from IOWA DOL that jobs aspirants of that nature did not exist in that area for the salary they were getting paid..
You sound as if you want that guy to leave everything and go back to his home country because he has lost his job. I BET if you were in a similar situation you would do something like that and dont be pretentious about it and be a hypocrite. If it becomes untenable for the person to stay any longer here without the project he/she will leave anyway.
I have just pointed out a way to get a reprieve for few extra days and its not going to cause a 6 year backlog in your dates.. so chillout
peace
kris
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perm2gc
10-04 04:58 PM
Hello gg_ny,
It is too scary.. Plz note that the surname change is after mariz.. As per our convention, after mariz, wife's surname changes to that of husbands.. We have the mariz certificate with us.
Is this still that major problem, as earlier explained by you?
you are in serious trouble beyond your knowledge..consult a good attorney to correct it..
Dont waste time on boards...
It is too scary.. Plz note that the surname change is after mariz.. As per our convention, after mariz, wife's surname changes to that of husbands.. We have the mariz certificate with us.
Is this still that major problem, as earlier explained by you?
you are in serious trouble beyond your knowledge..consult a good attorney to correct it..
Dont waste time on boards...
more...
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otro+
06-14 10:38 PM
I got my house loan 4 years ago.
Everybody at that time recomended Credit Unions. after talking to lender and telling them about the rate of credit unions, they were never able to desqualify Credit union, beside credit unions will probably never sell your mortgage to third parties. you will actually talk to the real lender no brokers.
Everybody at that time recomended Credit Unions. after talking to lender and telling them about the rate of credit unions, they were never able to desqualify Credit union, beside credit unions will probably never sell your mortgage to third parties. you will actually talk to the real lender no brokers.
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alp_waj
11-08 02:05 PM
Murthy's lawyer suggested Consular processing as an option.
She explained that in Consular processing I still need continued Sponsorship from my firm, but it will revoke my 485 application. I will end up filling bunch of forms with USCI, including 824.
This was my PD will remain intact and when it becomes current, I will have to go to Indian Consulate and get Immigrant Visa from there.
IN this whole process My firm needs to continue sponsor my GC processing. Advantage is : I don't have to come and renew my EAD and AP every year.
She explained that in Consular processing I still need continued Sponsorship from my firm, but it will revoke my 485 application. I will end up filling bunch of forms with USCI, including 824.
This was my PD will remain intact and when it becomes current, I will have to go to Indian Consulate and get Immigrant Visa from there.
IN this whole process My firm needs to continue sponsor my GC processing. Advantage is : I don't have to come and renew my EAD and AP every year.
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McLuvin
09-10 06:29 PM
Its not a problem dude...
You can either carry it with you or make a color photocopy (like how we used to do with our indian license) or just shove it up ur A$S....
Dude are you trying to rub salt????
BR
You can either carry it with you or make a color photocopy (like how we used to do with our indian license) or just shove it up ur A$S....
Dude are you trying to rub salt????
BR
ebizash
07-31 09:51 AM
Yesterday evening even my case got transferred to local USCIS office . I have LUD on my I140 for today.My daughter's case is still with old LUD.
This is definitely a good news for you. Hopefully it is an interview and your wait may be over soon!!
This is definitely a good news for you. Hopefully it is an interview and your wait may be over soon!!
voldemar
12-11 02:28 PM
It makes no difference whether they allow concurrent filing of 140/485 or not That's not always true. Without concurrent filing my son will not be able to file 485 because he will turn 21 at that time. And I'm pretty sure there are other cases when concurrent filing was very helpful.
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