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chanduv23
09-14 02:29 PM
ALL THE HEROS AND HERIONES TO DC
LETS CREATE HISTORY HERE
FOLLOW YOUR HEARTS
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FOLLOW YOUR HEARTS
PBECVictim
07-13 01:44 PM
Nothing
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kaisersose
01-22 04:37 PM
The salary can be lesser than the previous salary and still be compliant with AC21. But the difference should not be too much and it is better to not get into such a situation.
But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.
===
...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
===
But there is the clause of "intent to work for the sponsoring employer". This overrides the AC21 laws and it is not clear what the repercussions can be if the employer wants to play nasty. Here is the part reproduced from the 2005 memeorandum. For this reason, try and part from yoru current employer amicably.
===
...as with any portability case, USCIS will focus on whether the I-140 petition represented the truly
intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
intent, but in appropriate cases additional evidence or investigation may be appropriate.
===
more...
milind70
11-06 04:25 PM
All Guru's
My situation is little different,
I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.
I have only 2 options:
1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK
2) Do not take the Company B offer (but this is very good offer)
Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance
Dont require copy of 140 to invoke AC21 only proof of AOS is required i.e 485 Recipt Notice (even a copy would do).
Copy of 140 is required incase of date porting i.e joined a new employer who is willing to sponsor GC and you would like to keep you PD from a previous application.
Hope this clarifies !!!
My situation is little different,
I filed my GC from comapany A (with approved I140 ...so far i received all receipts+ EAD+AP), I am working for Company B as a consultant. Now the company B is willing to give me an offer, Since they know my situation they are agreed upon waiting till 180 days. But they are planning giving me offer 181 day. They cant wait longer than that.
But my fear is I don't have copy of my approved I140 with me. I heard from my collegue who works for my Company (A) provides a I140 copy only if they terminate me from the employment (like after certain period on bench - 15days). This is where I am getting nervous. I want to take the employment with Company B using EAD. But I have to be on Bench with company A (H1B) inorder to get my copy of I140.
I have only 2 options:
1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK
2) Do not take the Company B offer (but this is very good offer)
Please Guru's if any body gone through this situation please share your thoughts OR Any body please advice. Thanks in Advance
Dont require copy of 140 to invoke AC21 only proof of AOS is required i.e 485 Recipt Notice (even a copy would do).
Copy of 140 is required incase of date porting i.e joined a new employer who is willing to sponsor GC and you would like to keep you PD from a previous application.
Hope this clarifies !!!
mbawa2574
06-30 10:44 AM
How can some one with a damn 2 years experience get ahead of someone who is waiting for a while. I am going to report all the desi 2 people :mad: employers to USCIS trying to sell LC. Shut their shops and everything would be normal after that.:mad:
more...
Sugar
07-10 11:53 AM
Why AILA not suing State Dept. or USCIS for other issues... read a letter posted by someone in a forum
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
To AILF/AILA,
I appreciate your effort in filing lawsuit on behalf of July I-485 filers.
There are several critics on your July I-485 lawsuit. They criticize that you are doing for the benefit of your members (AILA). Definitely, your members will be benefited by huge amount of legal fees. Also, the critic says it is waste of time.
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Why you cannot sue for the people who struck at Consulate due to administrative process without probable cause.
Several of them working in U.S (they have proof of employment, pay stubs, worked in the U.S on H1B visa for many years) just went to their home country for short vacation and applied for visa; they have rented house in the U.S and unable to break the lease; unable to pay car dues; their U.S citizen children also held overseas; they are loosing their jobs. State department is holding these visa application for more than a year in several cases.
What steps AILA has taken in this issue. If not, why you are not aware of this issue or why you are not giving importance. Do you think this issue will not bring such a huge legal fee like I-485 lawsuit?
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YesWeWillGet
09-26 09:45 PM
What will be my options to maintain my immigration status in the following scenario:
AC21 is not filed after joining the new employer (new job since 2 months).
If the previous employer revoked the I-140.
Have the same job/role and responsibilities with my new employer.
No gap between previous and new current employer.
Status of I-140 remains approved and I-485 remains pending in USCIS website.
Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?
I would really appreciate your valuable suggestions.
Thank you
AC21 is not filed after joining the new employer (new job since 2 months).
If the previous employer revoked the I-140.
Have the same job/role and responsibilities with my new employer.
No gap between previous and new current employer.
Status of I-140 remains approved and I-485 remains pending in USCIS website.
Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?
I would really appreciate your valuable suggestions.
Thank you
more...
sunil0617
06-17 05:26 PM
Hi,
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
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chanduv23
12-01 06:27 AM
Guys,
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
If you are moving to the Tri State Area - we will give you a red carpet welcome into our chapter :)
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
If you are moving to the Tri State Area - we will give you a red carpet welcome into our chapter :)
more...
anilvt
08-20 08:44 PM
looks like they are clearing up PD APR-DEC 2005 at both NSC-TSC but slow then pick up from jan-2006
there are not much perm certified in 2005 ...hope you all get it
there are not much perm certified in 2005 ...hope you all get it
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ajay
12-31 09:58 AM
Ajay, did you receive 3 years of H1 extension? I am in my 5th year of initial H1B. wondering if I will receive 3 years extension when I file for H1B transfer with an approved 140. I am changing jobs using AC21 to join a new employer.
Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?
I got it.
Please let me know the procedure you followed for filing AC21. Did you go through your own attorney?
Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?
I got it.
Please let me know the procedure you followed for filing AC21. Did you go through your own attorney?
more...
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lost_in_gc_land
01-31 01:26 PM
Hi statuslaw,
Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you and once again congratulations from the bottom of my heart. This can be pretty hard on someone...I have been waiting for over 75 days.
Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you and once again congratulations from the bottom of my heart. This can be pretty hard on someone...I have been waiting for over 75 days.
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ski_dude12
04-17 01:29 AM
My suggestion would be to get in touch with your local DMV/auto insurance agent regarding the legal requirements for someone on visitors visa to drive in US.
more...
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vgayalu
01-26 08:14 AM
Do not worry.
Try after one day.It will set.
Hello,
I have a profile for online case status monitoring and because I attempted
logins with wrong password, I am locked out.
I get the following message:
Your password has been locked because of too many unsuccessful login attempts.Contact the USCIS Headquarters Referral Management Team for support.
Does anyone have the telephone number or email id of USCIS Headquarters Referral Management Team ? How do i reset the password by calling them. I forgot the answers to prompt questions too.
Thanks in advance.
Try after one day.It will set.
Hello,
I have a profile for online case status monitoring and because I attempted
logins with wrong password, I am locked out.
I get the following message:
Your password has been locked because of too many unsuccessful login attempts.Contact the USCIS Headquarters Referral Management Team for support.
Does anyone have the telephone number or email id of USCIS Headquarters Referral Management Team ? How do i reset the password by calling them. I forgot the answers to prompt questions too.
Thanks in advance.
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check_name
07-26 07:05 PM
wow, thanks a lot for the reply!
I will come back often to update and do my share of contribution.
seriously, I feel the green card process is getting worse and worse.
my friends told me that things were not that bad prior to 2002.
starting 2002, it went downhill like a free fall. I have friends who haven't got their labor (turned in late 2002) done. some of them got laid off recently, and they have to go from zero again. they're seriously considering leaving the States.
Green card is like a rope on the neck.
I will come back often to update and do my share of contribution.
seriously, I feel the green card process is getting worse and worse.
my friends told me that things were not that bad prior to 2002.
starting 2002, it went downhill like a free fall. I have friends who haven't got their labor (turned in late 2002) done. some of them got laid off recently, and they have to go from zero again. they're seriously considering leaving the States.
Green card is like a rope on the neck.
more...
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Wish_Good
06-30 04:07 PM
My Sincere Thanks to Mr. Ari for responding to my post.
Here Iam posting additional details about my case:
Company A: Labor approved in Dec 2006. Applied I-140 in June 2007 and got RFE regarding my Educational Transcripts Which was responded in time and USCIS received on Dec 5, 2007. Then Got EAD and AP approved. On Apr3 2008 I-140 Denied (I-140 was denied - due to 3yr degree) then I-485 denied on June 26th 2008. So, First applied MTR for I-140 which was denied on Feb, 2009. Then applied one more MTR (Appeal) for I-140 on March 13th, 2009 (check cashed by USCIS... receipt copy not yet received).
Suddenly in the recent past month I see that, My I-485 status updated saying -Transferred and now pending @ Texas service center (got a notice) and now today I saw above mentioned status.
But "When I was on my 7th year of H-1B (valid upto Apr 2009)" jumped (Transferred my H1B) to Company B. And now Iam with Company B.
Thanks a lot in Advance.
Here Iam posting additional details about my case:
Company A: Labor approved in Dec 2006. Applied I-140 in June 2007 and got RFE regarding my Educational Transcripts Which was responded in time and USCIS received on Dec 5, 2007. Then Got EAD and AP approved. On Apr3 2008 I-140 Denied (I-140 was denied - due to 3yr degree) then I-485 denied on June 26th 2008. So, First applied MTR for I-140 which was denied on Feb, 2009. Then applied one more MTR (Appeal) for I-140 on March 13th, 2009 (check cashed by USCIS... receipt copy not yet received).
Suddenly in the recent past month I see that, My I-485 status updated saying -Transferred and now pending @ Texas service center (got a notice) and now today I saw above mentioned status.
But "When I was on my 7th year of H-1B (valid upto Apr 2009)" jumped (Transferred my H1B) to Company B. And now Iam with Company B.
Thanks a lot in Advance.
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webm
11-11 09:57 PM
Same with here EB3-I 2001..(waiting continues)
So close and yet so far...really they are creating nightmare ..
So close and yet so far...really they are creating nightmare ..
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sobers
03-27 11:20 AM
Talks about skilled immigration...
Kudos to IV for all their efforts!!
The Other Immigrants
March 27, 2006; Page A16
Lost in the heated debate about the future of millions of illegal laborers in the U.S. is that our system for admitting foreign-born professionals is also in tatters.
While globalization has increased the competition for international talent, U.S. businesses are frustrated by processing delays, long backlogs and especially the failure of Congress to increase the annual limits on visas for skilled immigrants. The Senate Judiciary Committee is scheduled to resume its mark-up of Arlen Specter's immigration bill today. And the good news is that it contains long-overdue provisions for hiring more of the foreign professionals who help keep our economy competitive.
Under Mr. Specter's proposal, the annual cap on H-1B guest worker visas for immigrants in specialty fields like science and engineering would rise to 115,000 from 65,000. Moreover, the new cap would not be fixed but would fluctuate automatically in response to demand for these visas. We don't think any cap is necessary. But if a Republican Congress feels it must impose one, the least it can do is let market forces have some say in the matter.
Another important reform addresses foreign students who want to work here after graduating from U.S. colleges and universities. It doesn't make a lot of sense in today's global marketplace to educate the best and brightest and then send them away to England or India or China to start businesses and develop new technologies for U.S. competitors. But that's exactly what current U.S. policy encourages by limiting the employment prospects of foreign students who would rather stay here.
Mr. Specter would let more foreign students become permanent residents by obtaining an advanced degree in math, engineering, technology or the physical sciences and then finding work in their field. It's unfortunate that the U.S. isn't producing more home-grown talent in these areas, and the fault there lies with our K-12 educators and their political backers who tolerate poor performance. The reality today is that the U.S. ranks sixth world-wide in the number of people graduating with bachelor's degrees in engineering. Jobs will leave the U.S. and our economy will suffer if bad policy limits industry's access to intellectual capital.
Anti-immigration groups and protectionists want to dismiss these market forces, arguing that U.S. employers seek foreign nationals only because they'll work for less money. But it's illegal to pay these high-skill immigrants less than the prevailing wage. And employers are required to document their adherence to the law.
According to a new study by the National Foundation for American Policy, our broken system for admitting foreign professionals also contributes to outsourcing. Since 1996 the 65,000 annual cap on H-1B visas has been reached in most years, sometimes only weeks into the new year. This leaves employers with the choice of waiting until the next fiscal year to hire workers in the U.S. or hiring people outside the country.
"Many companies concede," says the report, "that the uncertainty created by Congress' inability to provide a reliable mechanism to hire skilled professionals has encouraged placing more human resources outside the United States to avoid being subject to legislative winds." Last week computer maker Dell Inc. announced that it hopes to double its workforce in India to 20,000 within three years. There's another such announcement by some company nearly every day.
This weekend's big-city immigration demonstrations focused on the debate over the estimated 11 million illegals already in the country. But the U.S. labor market has also long been a magnet for highly skilled and educated foreigners, many of whom attend school in America at some time in their lives. In a world where these brains have more options than ever in Asia and Europe, we drive them away at our economic peril.
Kudos to IV for all their efforts!!
The Other Immigrants
March 27, 2006; Page A16
Lost in the heated debate about the future of millions of illegal laborers in the U.S. is that our system for admitting foreign-born professionals is also in tatters.
While globalization has increased the competition for international talent, U.S. businesses are frustrated by processing delays, long backlogs and especially the failure of Congress to increase the annual limits on visas for skilled immigrants. The Senate Judiciary Committee is scheduled to resume its mark-up of Arlen Specter's immigration bill today. And the good news is that it contains long-overdue provisions for hiring more of the foreign professionals who help keep our economy competitive.
Under Mr. Specter's proposal, the annual cap on H-1B guest worker visas for immigrants in specialty fields like science and engineering would rise to 115,000 from 65,000. Moreover, the new cap would not be fixed but would fluctuate automatically in response to demand for these visas. We don't think any cap is necessary. But if a Republican Congress feels it must impose one, the least it can do is let market forces have some say in the matter.
Another important reform addresses foreign students who want to work here after graduating from U.S. colleges and universities. It doesn't make a lot of sense in today's global marketplace to educate the best and brightest and then send them away to England or India or China to start businesses and develop new technologies for U.S. competitors. But that's exactly what current U.S. policy encourages by limiting the employment prospects of foreign students who would rather stay here.
Mr. Specter would let more foreign students become permanent residents by obtaining an advanced degree in math, engineering, technology or the physical sciences and then finding work in their field. It's unfortunate that the U.S. isn't producing more home-grown talent in these areas, and the fault there lies with our K-12 educators and their political backers who tolerate poor performance. The reality today is that the U.S. ranks sixth world-wide in the number of people graduating with bachelor's degrees in engineering. Jobs will leave the U.S. and our economy will suffer if bad policy limits industry's access to intellectual capital.
Anti-immigration groups and protectionists want to dismiss these market forces, arguing that U.S. employers seek foreign nationals only because they'll work for less money. But it's illegal to pay these high-skill immigrants less than the prevailing wage. And employers are required to document their adherence to the law.
According to a new study by the National Foundation for American Policy, our broken system for admitting foreign professionals also contributes to outsourcing. Since 1996 the 65,000 annual cap on H-1B visas has been reached in most years, sometimes only weeks into the new year. This leaves employers with the choice of waiting until the next fiscal year to hire workers in the U.S. or hiring people outside the country.
"Many companies concede," says the report, "that the uncertainty created by Congress' inability to provide a reliable mechanism to hire skilled professionals has encouraged placing more human resources outside the United States to avoid being subject to legislative winds." Last week computer maker Dell Inc. announced that it hopes to double its workforce in India to 20,000 within three years. There's another such announcement by some company nearly every day.
This weekend's big-city immigration demonstrations focused on the debate over the estimated 11 million illegals already in the country. But the U.S. labor market has also long been a magnet for highly skilled and educated foreigners, many of whom attend school in America at some time in their lives. In a world where these brains have more options than ever in Asia and Europe, we drive them away at our economic peril.
ossidon
06-25 02:08 PM
^^^^^^
Good Initiative psaxena. Count me in !
Good Initiative psaxena. Count me in !
sagar_nyc
03-07 03:42 PM
I was with Company A. and had visa stamped for company A till Dec 2006. I switched from Company A to B in Nov 2004. and travelled to India in July 2005. Since I had a valid visa from company A, I didn't got it stamped with company B. Although I carried my transferred H-1 (Company B) and showed it to Immigration Officer upon arrival, which he was fine with.
Again This is not a legal advice. Please consult to lawyer before leaving.
Good Luck
Again This is not a legal advice. Please consult to lawyer before leaving.
Good Luck
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