sripk
05-17 07:49 PM
I have a question though. If your new Job duties are 50% different then won't it affect your pending i485 application as AC21 requires new job to be same or similar to keep I485 valid? Also, Any new job will be similar and wondering if switching to a different company will help in this case? Will they be able to file a new EB2 PERM LC for me or will i get same response that i got from present company?
royus77
05-30 09:36 PM
Please help....I am in a little bit precarious situation here...
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
If your company A is a desi company(Mostly they try to profit on your exit also) he may try to sell the approved LC/1 -140 . So let be patient for another month and move . As far as the other things concerned you can get 3 years ext based on the I -140 ext and also you can port the PD to the new GC from company B .
Just check with the attorney before moving I just gave my advise based on my research in the forums.
Thanks
roy
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
If your company A is a desi company(Mostly they try to profit on your exit also) he may try to sell the approved LC/1 -140 . So let be patient for another month and move . As far as the other things concerned you can get 3 years ext based on the I -140 ext and also you can port the PD to the new GC from company B .
Just check with the attorney before moving I just gave my advise based on my research in the forums.
Thanks
roy
GCVictim
07-24 01:22 PM
I just applied I-485 with EAD/AP on July 2nd. my wife also has H1. I am the primary to 485.
Question:
My wife wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?
Please seniors advice on this. because she is going to get contract-to-hire position.
Question:
My wife wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?
Please seniors advice on this. because she is going to get contract-to-hire position.
sam_hoosier
06-20 04:44 PM
Gurus
Please advice on the usage of A number
I came here as student and OPT before, the OPT had a A number
In my approved I-140 i had a A number, both the numbers are different
While filing the forms for 485/EAD/AP and I-693 ( medical report ) i saw a field for A number
Which number must i put in the field
Regards
You would have this number only once your 485 is approved, so just leave it blank for now.
Please advice on the usage of A number
I came here as student and OPT before, the OPT had a A number
In my approved I-140 i had a A number, both the numbers are different
While filing the forms for 485/EAD/AP and I-693 ( medical report ) i saw a field for A number
Which number must i put in the field
Regards
You would have this number only once your 485 is approved, so just leave it blank for now.
more...
saimrathi
07-11 02:55 PM
I'm sure there may be a lot of immigrants in CA due to the IT sector..
gcforever
02-20 05:17 PM
Hello Friends,
My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.
Thank you,
------------------------
P.S : Yes, I have contributed to IV :)
You should use Tatkal scheme. I paid extra 90$ and got the passport within 2 days. Its worth.
Thanks.
My current passport is expiring in Jun 07. I have applied for passport renewal at Indian Embassy (Washington D.C.) in 3rd week of Jan 07 via courier. I may have to travel urgently to India by end of this month. Just wondering if anyone recently got their passport renewed at DC and what was the duration. It will help me to take the decision about departure date. Unfortunately DC is 5 hours drive from where I live. I am not sure even if take a day off and drive to DC to collect the passport they will even give it to me on the same day. Multiple attempts to contact DC office via phone/email were not helpful. No one picks the phone and their voice mail system is always full. Any advise on what I should to do know status of my passport renewal would be appreciated.
Thank you,
------------------------
P.S : Yes, I have contributed to IV :)
You should use Tatkal scheme. I paid extra 90$ and got the passport within 2 days. Its worth.
Thanks.
more...
Ann Ruben
01-08 11:26 PM
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
jvordar
07-12 11:34 PM
hello everybody... have been following this forums since couple days and finally joined it today... hope to post more in near future!!
more...
ramus
06-15 09:14 AM
Great.. Thank you..
Very good thred.
contribution close to 500$ so far wiling to contribute another 500$ in next 5 months.
Very good thred.
contribution close to 500$ so far wiling to contribute another 500$ in next 5 months.
nsync1979
06-18 03:08 PM
well my parents and in laws have been visiting us every year so its not that bad :)
more...
kaisersose
07-28 09:52 AM
I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.
I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.
Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.
Can I work directly on my H1B petition with out stamping visa?
Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.
Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?
It depends on the type of H-1 approval you have.
1. If it was applied as COS, then it will have an I-94 attached to it. This means on Oct 01, your status will change from L to H and you can no longer work for your L employer.
2. If it was approved as "visa to be issued abroad", then it is not valid until you get a H visa stamped at some Consulate.
I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.
Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.
Can I work directly on my H1B petition with out stamping visa?
Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.
Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?
It depends on the type of H-1 approval you have.
1. If it was applied as COS, then it will have an I-94 attached to it. This means on Oct 01, your status will change from L to H and you can no longer work for your L employer.
2. If it was approved as "visa to be issued abroad", then it is not valid until you get a H visa stamped at some Consulate.
sachug22
07-21 05:12 PM
As it is mentioned in the RFE, I have to reply with the sealed envlope and copy of letter and the yellow paper attached. I did not receive any yellow paper along with the mail. Did any one received like this ?
The gold coversheet is sent to lawyer, you only get a copy of the RFE letter. You can still respond to RFE without this letter just make sure you provide all the details (Receipt number, Alien number, RFE refernce, copy of RFE) when responding to this RFE.
The gold coversheet is sent to lawyer, you only get a copy of the RFE letter. You can still respond to RFE without this letter just make sure you provide all the details (Receipt number, Alien number, RFE refernce, copy of RFE) when responding to this RFE.
more...
shanti
08-03 02:31 PM
Ok, what I posted is from these guidelines http://www.hooyou.com/lc/perm_eb2vseb3.html , EB2 used to be easier before PERM, it is also possible if position is job zone 4 but SVP is 8 or higher to go via EB2- PERM, I hope you are right in disagreeing though.
Humhongekamyab
04-29 10:25 AM
Lot of people just say if u want to complaint about your employer who is exploiting go to DOL. There is no specific guidance to it. If anyone knows about it or done in the past please post the links here. How to know the blacklisted company and how to add a company as blacklisted.
Following are the most common criteria I heard
1) Employer did not ran the pay check even though he/she worked for that employer
2) Employer Deducts money for H1B filing, bench period etc.,etc.,
3) Employer Deducts money for GC lawyer and application expenses but did not provide information about lawyer or any progress of GC or partially information of GC.. (I heard from my friends company they filed around 80 people on July 2007 and collected money for lawyer expense but they did not had any lawyer)
4) Deducting money for Bench period in advance...
Here you go http://www.dol.gov/esa/whd/
Following are the most common criteria I heard
1) Employer did not ran the pay check even though he/she worked for that employer
2) Employer Deducts money for H1B filing, bench period etc.,etc.,
3) Employer Deducts money for GC lawyer and application expenses but did not provide information about lawyer or any progress of GC or partially information of GC.. (I heard from my friends company they filed around 80 people on July 2007 and collected money for lawyer expense but they did not had any lawyer)
4) Deducting money for Bench period in advance...
Here you go http://www.dol.gov/esa/whd/
more...
yabadaba
06-30 03:23 PM
Gautam Agarwal...who was planning on going to Wharton based on the july bulletin... have you heard anything from the ombudsman office on this speculation of retrogression???
samcam
05-18 04:35 PM
Currently 99 guests.. if you are a guest, please register...
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needhelp!
02-09 10:34 PM
my 5 year old had started one last week.. and we will be sending it out too!
kshitijnt
09-16 04:51 PM
This is all India specific and specific to EB2. I did not add years2006 and 2007 as my PD is in 2005. But I did do it upto dec 2005.
1. You can expect the spill over from EB1 in big way
2. You can expect spillover from EB2 ROW in a big way
This should help clear backlog atleast upto 2004 cases. However the interfiling from EB3 to EB2 could stop the backlog from being reduced.
1. You can expect the spill over from EB1 in big way
2. You can expect spillover from EB2 ROW in a big way
This should help clear backlog atleast upto 2004 cases. However the interfiling from EB3 to EB2 could stop the backlog from being reduced.
s_r_e_e
08-05 04:59 PM
Apply EB2 if you can.
kaisersose
07-17 10:22 AM
Folks,
Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?
EB2-I
PD: Jul 2004
I-140 approved
I-485: RD 02 Aug, 2007
You can answer this question for yourself if you read . The quick answer is, it does not mean anything. The system is totally random and trying to discern a pattern out of their actions is a futile exercise.
Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?
EB2-I
PD: Jul 2004
I-140 approved
I-485: RD 02 Aug, 2007
You can answer this question for yourself if you read . The quick answer is, it does not mean anything. The system is totally random and trying to discern a pattern out of their actions is a futile exercise.
bogy
05-25 01:52 AM
yep, thats why I am planning to do a masters. If all else fails.. migrate to canada :D
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