Canuck
02-03 01:50 AM
People,
The country listed here is country of citizenship. We all know though that GCs are granted based on country of birth. Thus, there may be even more people charged to India than listed. Conversely, you may have a couple of Indian citizens who were not born in India that will fall in the ROW category...
The country listed here is country of citizenship. We all know though that GCs are granted based on country of birth. Thus, there may be even more people charged to India than listed. Conversely, you may have a couple of Indian citizens who were not born in India that will fall in the ROW category...
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xbohdpukc
04-06 11:12 PM
The faces from both sides - Major Lead and Minor Lead was looked as they didn't reach any agreement :( Frist was talking (number of times) about "Border Security Bill" at the end ...
that's the official title of the bill, nothing wrong with it.
they still have a cloture motion vote tomorrow morning, so we'll see.
that's the official title of the bill, nothing wrong with it.
they still have a cloture motion vote tomorrow morning, so we'll see.
snathan
03-09 03:11 PM
kminkeller....
I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.
Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.
Thanks.
Logically it should not have any issues. If its EB2, the requirement is going to be different...means different job. So there is no issue.
I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.
Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.
Thanks.
Logically it should not have any issues. If its EB2, the requirement is going to be different...means different job. So there is no issue.
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grupak
11-26 04:42 PM
To all IV members (and others), who have decided not to participate in the rally due to various reasons, I request you to give a very serious thought, and consideration, before reaching the final decision.
WD, I will either participate in the rally if my schedule allows it (I teach) or contribute towards it.
WD, I will either participate in the rally if my schedule allows it (I teach) or contribute towards it.
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nixstor
12-01 02:48 PM
Guys,
Is it ok to have a title of Business Analyst and do software development? Programmer Analyst makes more sense for the position. Like wise Is it ok to have a programmer analyst title for a systems administrator? What kind of issues can one expect if the title and job duties/resume are not in sync?
Thanks
Is it ok to have a title of Business Analyst and do software development? Programmer Analyst makes more sense for the position. Like wise Is it ok to have a programmer analyst title for a systems administrator? What kind of issues can one expect if the title and job duties/resume are not in sync?
Thanks
waiting_4_gc
07-20 02:06 PM
Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
2. will I get in trouble if I do not have EAD and my H1 expires?
3. Can I move to new employer using AC21 without EAD?
You can apply for EAD
I believe you have to have either EAD or valid H1B
You can move to new employer using AC21 WITH EAD
----------
Contributed $100.00 so far.
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
2. will I get in trouble if I do not have EAD and my H1 expires?
3. Can I move to new employer using AC21 without EAD?
You can apply for EAD
I believe you have to have either EAD or valid H1B
You can move to new employer using AC21 WITH EAD
----------
Contributed $100.00 so far.
more...
mrajatish
08-15 09:30 AM
The answer to your question: It depends on your situation.
If you like your job, and willing to wait another 1-2 years (I gather you are from rest of the world), just stick it out, get your GC and leave. It is not always easy to get EB2 140 approval, especially now.
If it was a difference of 3-4 years, it is worth taking the risk, but for a difference of a year, do you want to go through the trouble?
If you like your job, and willing to wait another 1-2 years (I gather you are from rest of the world), just stick it out, get your GC and leave. It is not always easy to get EB2 140 approval, especially now.
If it was a difference of 3-4 years, it is worth taking the risk, but for a difference of a year, do you want to go through the trouble?
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mbartosik
08-20 06:35 PM
I'm a UK citizen (waiting for GC), and one obversation that I have is:
If you are very good in your profession odds are that you'll suceed in either country. But if you are average (and by definition most are) then you'll be at a disadvantage with respect to the locals when you go somewhere new, especially if you don't have good contacts.
So I'd recommend thinking dispassionately about how good you are at your profession, and just as importantly how well that comes across in resume or interview. Do you have good contacts in UK?
I'm not sure if "indefinite leave to stay" gives you access to the whole EU, but it's a path to UK citizenship which does give you access to the whole EU job market (language barriers permitting). It does suck that UK gov effectively retrospectively changed the rules for "indefinite leave to stay", but at least in UK there is an end date (unless they push it out each year). Here for some there is no obvious end date for the waiting.
I also think that "indefinite leave to stay" may have a few strings (like GC six month in country requirement).
If you are very good in your profession odds are that you'll suceed in either country. But if you are average (and by definition most are) then you'll be at a disadvantage with respect to the locals when you go somewhere new, especially if you don't have good contacts.
So I'd recommend thinking dispassionately about how good you are at your profession, and just as importantly how well that comes across in resume or interview. Do you have good contacts in UK?
I'm not sure if "indefinite leave to stay" gives you access to the whole EU, but it's a path to UK citizenship which does give you access to the whole EU job market (language barriers permitting). It does suck that UK gov effectively retrospectively changed the rules for "indefinite leave to stay", but at least in UK there is an end date (unless they push it out each year). Here for some there is no obvious end date for the waiting.
I also think that "indefinite leave to stay" may have a few strings (like GC six month in country requirement).
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BharatPremi
03-19 07:59 AM
I need advice..My project ended yesterday and I have another opportunity to work on EAD. I know my current employer will not be able to find a job for me as has been the case earlier and he will remove me from payroll soon. Can I start working with new employer and do not resign from my current employer?
I need help on this as I do not want to terminate my job from my side.
Any advice will be appreciated.
Thanks,
You would be resigning not terminating in case of joining a new job. Conceptually termination and resignation are completely different. Termination may have positive or negative meaning whereas resignation generally have positive meaning. Written proof of resignation is always a good. You can not do that what you want to do and if you do perhaps it will lead you towards your own grave assuming your employer and you do not have very good terms and/or relations. wih each other Suppose say if you do that, employer would simply notify USCIS to terminate your H1 as you have not resume your duty since last "so&so dates" and he may proceeding for some legal action for the the loss of so and so dollars as you did not work without notification... I mean to say if you want to play the games then your employer also can play games and perhaps it may be the master since it had to deal with many people having same mentality and might have gained better experience in that so I would suggest not to take that route. If you do not have any problems with your employer , yes certainly you can do that but again it is not advisable.
I need help on this as I do not want to terminate my job from my side.
Any advice will be appreciated.
Thanks,
You would be resigning not terminating in case of joining a new job. Conceptually termination and resignation are completely different. Termination may have positive or negative meaning whereas resignation generally have positive meaning. Written proof of resignation is always a good. You can not do that what you want to do and if you do perhaps it will lead you towards your own grave assuming your employer and you do not have very good terms and/or relations. wih each other Suppose say if you do that, employer would simply notify USCIS to terminate your H1 as you have not resume your duty since last "so&so dates" and he may proceeding for some legal action for the the loss of so and so dollars as you did not work without notification... I mean to say if you want to play the games then your employer also can play games and perhaps it may be the master since it had to deal with many people having same mentality and might have gained better experience in that so I would suggest not to take that route. If you do not have any problems with your employer , yes certainly you can do that but again it is not advisable.
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uma001
02-01 01:31 PM
Congrats and dont forget to continue to stay on this forum to help others if they have any questions regarding green card process
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moonrah
08-27 10:41 AM
Does anybody know which is the current processing date for audited PERM cases? DOL claims March -May 2007 PDs, but I personalley know people filed in Oct 2007 and got audited due to Fragomen are approved. And also can somebody confirm if there is only one processing center (Atlanta) for PERM processing
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martinvisalaw
07-15 12:27 PM
Required documents for H1B Visa renewal lists the previous employers experience letter...
Please advise me....
Thanks,
Sangeetha K
Where are you reading this? As I mentioned, an experience letter should not be needed for a H-1B visa application.
Please advise me....
Thanks,
Sangeetha K
Where are you reading this? As I mentioned, an experience letter should not be needed for a H-1B visa application.
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peer123
04-09 11:15 AM
Friends,
I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation
1. I have approved I140 > 180 days in actually 300 days
2. I have approved EAD
3. mine is labor transfer case and I used an existing labor that matched my job profile
4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.
5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....
Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.
Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..
please help
bumping it up... - please provide your input
I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation
1. I have approved I140 > 180 days in actually 300 days
2. I have approved EAD
3. mine is labor transfer case and I used an existing labor that matched my job profile
4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.
5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....
Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.
Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..
please help
bumping it up... - please provide your input
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mps
04-21 02:25 PM
I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.
Good luck to everyone.
Congratulations on getting your GC !!!
I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.
Was there any LUD on I-140 case after your FP?
Regards
Good luck to everyone.
Congratulations on getting your GC !!!
I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.
Was there any LUD on I-140 case after your FP?
Regards
more...
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murali77
07-16 02:03 PM
Thanks. If I read this correctly, it means that everyone is eligible to apply for 485.
How can you say that ? Please explain
Murali
How can you say that ? Please explain
Murali
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chanduv23
07-06 09:49 PM
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
Issuing RFE or not is an individual decision taken by the officer. In most cases, RFE is issued when 140 gets revoked because an underlying job offer is a necessity. Even if you sent AC21 letter, as long as your 140 is still intact, the officer may chose not to issue an RFE.
Some people have received RFEs in more than one ocassion. Once when 140 was revoked and once during preadjudication process. So if for some reason USCIS decides to do a second round of preadjudication just because they have not other work or any specific reason then we may expect RFEs (This is something I made up - I don't think there will be another round of preadjudication.
Informing USCIS in advance helps rarely but maybe useful at times if you know your 140 could potentially be revoked and in a lot of cases 485 gets deined as a result. The MTR filing process can include a communication trail about informing USCIS which could be of help.
Cheers
Kris
Issuing RFE or not is an individual decision taken by the officer. In most cases, RFE is issued when 140 gets revoked because an underlying job offer is a necessity. Even if you sent AC21 letter, as long as your 140 is still intact, the officer may chose not to issue an RFE.
Some people have received RFEs in more than one ocassion. Once when 140 was revoked and once during preadjudication process. So if for some reason USCIS decides to do a second round of preadjudication just because they have not other work or any specific reason then we may expect RFEs (This is something I made up - I don't think there will be another round of preadjudication.
Informing USCIS in advance helps rarely but maybe useful at times if you know your 140 could potentially be revoked and in a lot of cases 485 gets deined as a result. The MTR filing process can include a communication trail about informing USCIS which could be of help.
more...
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BharatPremi
03-17 02:35 PM
You cant just divide 500000 by 3. The numbers are not same for all categories.
Eb1-3 all are granted 28% and I am assuming there as equal number of applications in each category though it would not be the case in reality but I was just giving a crude math example.This 500000 load was from EB1/2/3 only.In reality it is more scary for EB2/3 India particular last july filing as most filings should have been from EB2/3- China and India considering the H1 arrivals from these 2 countries during the year 2003-7. And yet in that example I did not mirror USCIS's limits such as 7%, load from previous filing which is not yet clear. Bottom line EB2 with 2004 PD will have to see a long road before becoming current.
Eb1-3 all are granted 28% and I am assuming there as equal number of applications in each category though it would not be the case in reality but I was just giving a crude math example.This 500000 load was from EB1/2/3 only.In reality it is more scary for EB2/3 India particular last july filing as most filings should have been from EB2/3- China and India considering the H1 arrivals from these 2 countries during the year 2003-7. And yet in that example I did not mirror USCIS's limits such as 7%, load from previous filing which is not yet clear. Bottom line EB2 with 2004 PD will have to see a long road before becoming current.
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ashkam
07-27 03:18 PM
I have a question, my attorney says that he has filed the application on 2nd July without my signature.
I have not given any authorization also.
I am worried if it is valid or not.
I don't know if they take authorization from my employer or it should be from me.
Please suggest.
Sorry to have to say this but they will probably reject your application. Signature is the most important thing they look for in any application.
I have not given any authorization also.
I am worried if it is valid or not.
I don't know if they take authorization from my employer or it should be from me.
Please suggest.
Sorry to have to say this but they will probably reject your application. Signature is the most important thing they look for in any application.
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jasmin45
07-16 07:10 PM
There's another thread with same details being discussed in the forum.
lskreddy
04-12 09:51 AM
Can you not reply anonymously? If you couldn't, if you respond, I don't think they would put your existing application in jeopardy if you respond truthfully. You certainly have a good reason to move and they seem to already know that.
If you are worried, why don't you wait until your H1's approved and then respond? Its never too late to report these scumbags and you would be doing a service to others who might fall trap.
If you decide to not report, I totally understand. It is fair to feel queasy with anything related to immigration here.
If you are worried, why don't you wait until your H1's approved and then respond? Its never too late to report these scumbags and you would be doing a service to others who might fall trap.
If you decide to not report, I totally understand. It is fair to feel queasy with anything related to immigration here.
Appu
04-02 10:31 PM
So if (for example) an H1B worked in the US for a few weeks before their visa became available, are they technically eligible for this? Or perhaps they were out of status for a week or two between jobs? I'm sure many H1's might have been in this situation. It's unclear who this applies to.
Yep, my thinking, exactly. Also, people going between F1 and H1 or between H1 and H4 could all claim a few weeks or months of "undocumented" status.
I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.
`(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--
``(A) was physically present in the United States before January 7, 2004; and
``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.
That's right, it doesn't. I have enquired my lawyer about this. She'll get back to me on Tuesday. I will post more information then.
Yep, my thinking, exactly. Also, people going between F1 and H1 or between H1 and H4 could all claim a few weeks or months of "undocumented" status.
I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.
`(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--
``(A) was physically present in the United States before January 7, 2004; and
``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.
That's right, it doesn't. I have enquired my lawyer about this. She'll get back to me on Tuesday. I will post more information then.
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