abhijitp
03-17 06:52 PM
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fide_champ
04-09 08:33 AM
It's sad that such a thing happened if it ever happened. The POE officer definitely is going out of his jurisdiction to deny entry to the H1B person. Personally i never had any issues while entering US from Newark,NJ POE. The last time i entered the only question he asked me was "who makes more money, you or your wife" and the officer was very friendly and cracked some jokes as well.
So i have to question the validity of such news if it's coming from a third-party.
So i have to question the validity of such news if it's coming from a third-party.
bodhi_tree
06-06 01:59 PM
We got the "welcome" and "card production ordered" email for my wife and I today too. It was a long frustrating wait at times but I am glad its over for us now. Our best wishes to those that are still waiting.
No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.
Here are our dates for those interested in tracking.
PD: Jan 29, 2004, EB2
Ohio labor approved - Oct 2004
45 day letter - Jan 2005
Labor approved from Dalla BEC - June 2006
I I140 regular, non concurrent approved - Sept 2006
I 485 sent to Nebraska - July 13 2007
EAD approved - Oct 2007
I485 approval email - June,06, 2008
No RFE at any stage, straight forward case, never called them for status or infopass. Took them about 4.5 years.
Here are our dates for those interested in tracking.
PD: Jan 29, 2004, EB2
Ohio labor approved - Oct 2004
45 day letter - Jan 2005
Labor approved from Dalla BEC - June 2006
I I140 regular, non concurrent approved - Sept 2006
I 485 sent to Nebraska - July 13 2007
EAD approved - Oct 2007
I485 approval email - June,06, 2008
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cdeneo
03-07 02:28 PM
Can someone please shed light on this - I was looking for the same information.
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
Thank for all the advise.
---------------------------------
Contributed $100.
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
Thank for all the advise.
---------------------------------
Contributed $100.
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swissgear
09-14 02:46 PM
Well, I have not received RFE mail yet. I have changed my employer because our division was sold to Canadian firm and they moved everything to Montreal.
After changing my employer (in June), I applied for EAD/AP and both got approved within 3-4 weeks w/o any issues/RFE.
I have not filed for AC21 and used EAD to switch job. I think my previous employer might have notified USCIS about H1B case (as I had valid H1B too). Again as per attorney, it takes months if not year for USCIS to work on such notifications.
I had travelled to India last year July and came on AP as I could not get H1B stamp in India. The US consulate took more than few months to approve the my application and by that time I had already come to US on AP as suggested by my employer's attoteny.
As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!
After changing my employer (in June), I applied for EAD/AP and both got approved within 3-4 weeks w/o any issues/RFE.
I have not filed for AC21 and used EAD to switch job. I think my previous employer might have notified USCIS about H1B case (as I had valid H1B too). Again as per attorney, it takes months if not year for USCIS to work on such notifications.
I had travelled to India last year July and came on AP as I could not get H1B stamp in India. The US consulate took more than few months to approve the my application and by that time I had already come to US on AP as suggested by my employer's attoteny.
As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!
sanjaymk
07-17 12:58 PM
Hello All-
Looks like they are monitoring this website and they have removed it now. There is no misunderstanding here, I copied and pasted it from their website so the question of mis-understanding doesn't arise.
It doesn't matter because they would have sent that fax to the Senators before and the senators would have a copy of that fax.
I am trying to write a strong letter to dis-credit that organization and their smear tactics and false propoganda. If nothing, then I would like to use the lettter posted by one of the posters here as a webfax and send the fax to the senators.
Kindly, don't assume that they removed point #2 so they could be let off, what happens if they add something like this in the future and nobody notices it.
Ideally, we should ask them to expose their membership accounts so that their lie of having 455000 volunteers is proved a blatant lie.
Thanks,
Sanjay.
Looks like they are monitoring this website and they have removed it now. There is no misunderstanding here, I copied and pasted it from their website so the question of mis-understanding doesn't arise.
It doesn't matter because they would have sent that fax to the Senators before and the senators would have a copy of that fax.
I am trying to write a strong letter to dis-credit that organization and their smear tactics and false propoganda. If nothing, then I would like to use the lettter posted by one of the posters here as a webfax and send the fax to the senators.
Kindly, don't assume that they removed point #2 so they could be let off, what happens if they add something like this in the future and nobody notices it.
Ideally, we should ask them to expose their membership accounts so that their lie of having 455000 volunteers is proved a blatant lie.
Thanks,
Sanjay.
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BharatPremi
07-13 10:23 AM
To those guys:
Who are against Ms Murthy or any other law firms please educate yourselves before start whining. I am not going into more detail but I think Delax has fairly explained... Some entities may be working in the background for our cause and can not go public about their activities... You would say how do you know? For that you will have to learn the art of "Reading between the lines" .. And if you can not do that please shut your mouths. Everybody is playing their parts fairly.
Who are against Ms Murthy or any other law firms please educate yourselves before start whining. I am not going into more detail but I think Delax has fairly explained... Some entities may be working in the background for our cause and can not go public about their activities... You would say how do you know? For that you will have to learn the art of "Reading between the lines" .. And if you can not do that please shut your mouths. Everybody is playing their parts fairly.
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GCAmigo
12-27 09:02 AM
My son who is in high school goes for a federal funded summer program every year.. he is cursing me now as he cannot claim the $1000 stipend since he doesn't have an SSN..
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rajuseattle
07-14 05:31 PM
ajthakur,
You should have wait for at least 6 months before switching jobs.
You can talk to the attorney who can give you some advice on AC-21.
Per Ac-21 provisions you r very safe if you switch jobs after 180 days, even without letting USCIS know about it. Yours is a different situation as you switched job just 1 month after filing I-485, and it could be difficult for any attorney to make AC-21 arguments in your favour.
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Please cosult with a competent immigration attorney and try to make argument using the AC-21...thats your last hope to save your PD.
USCIS will know about your job switching as they have all the information when you transfer your H1B visa and received 3 yr extention. Be truthful here and state that you intent to be employed with the original sponsor, but due to circumstances you were forced to switch the job and your new employer is willing to sponsor your employment and you are in legal status while I-485 is pending since July 2007.
Hope this helps...I am not an attorney, but thought my few cents might help you.
You should have wait for at least 6 months before switching jobs.
You can talk to the attorney who can give you some advice on AC-21.
Per Ac-21 provisions you r very safe if you switch jobs after 180 days, even without letting USCIS know about it. Yours is a different situation as you switched job just 1 month after filing I-485, and it could be difficult for any attorney to make AC-21 arguments in your favour.
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Please cosult with a competent immigration attorney and try to make argument using the AC-21...thats your last hope to save your PD.
USCIS will know about your job switching as they have all the information when you transfer your H1B visa and received 3 yr extention. Be truthful here and state that you intent to be employed with the original sponsor, but due to circumstances you were forced to switch the job and your new employer is willing to sponsor your employment and you are in legal status while I-485 is pending since July 2007.
Hope this helps...I am not an attorney, but thought my few cents might help you.
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newuser
03-12 08:34 AM
Disappointed and hope the bench sitters will start reaching out the law makers
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Desertfox
12-10 07:01 PM
I am on L1 & my I-94 is expiring in a month from now on 11 Dec 2007 . I have applied for my L-Extenstion and is pending for approval.
Given this case - can my wife apply for a EAD with the current L1 approved document (expiring on 11 Dec 2007( and add my L-Extension approval papers later on?
There seems to be a three month delay in getting the EAD - hence wanted to initiate the process earlier and not till my L-Extension papers come-in
Please help me ASAP.
Sriram
My spouse got EAD from similar situation. Your wife should file I-765 for L-2 based EAD along with the receipt notice (I-797) of your I-129 (L-1 extension application). She should mail a I-765 hardcopy application to USCIS. USCIS will get back to you with RFE after 45-60 days for your I-129 approval notice (i.e. principal applicant's L-1 extension approval). BTW... hasn't she already filed for I-539 this way?
Given this case - can my wife apply for a EAD with the current L1 approved document (expiring on 11 Dec 2007( and add my L-Extension approval papers later on?
There seems to be a three month delay in getting the EAD - hence wanted to initiate the process earlier and not till my L-Extension papers come-in
Please help me ASAP.
Sriram
My spouse got EAD from similar situation. Your wife should file I-765 for L-2 based EAD along with the receipt notice (I-797) of your I-129 (L-1 extension application). She should mail a I-765 hardcopy application to USCIS. USCIS will get back to you with RFE after 45-60 days for your I-129 approval notice (i.e. principal applicant's L-1 extension approval). BTW... hasn't she already filed for I-539 this way?
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desi3933
01-30 02:54 PM
Ok.......
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
So if I am understanding this correctly, the time from when I entered US on AP (Dec 08 till today), I am considered out of status?
NO. You are not out of status because of AP entry.
From what I understood it is ok to not be working while on AOS having entered on AP.
Correct. However, USCIS looks for your status history since last entry on non-immigrant visa. 245(k) covers only 180 days for status violation for such period.
Example
Mr Chanakya Pandit (fictitious name) has filed for eb-3 India in July 2007 for I-485. He has PD of Sep 2005 (not current).
Mr Pandit entered last on H1 visa on Jan 21st 2006 and he is working for ABC company. As per H1 LCA, his salary is 65k and he is getting paid 62k.
He entered on USA using AP in Oct 2008. He is using EAD to work.
Since he was getting paid less athn H1 salary, he is out of status since Jan 21st 2006 and he has accumulating out of status days until date of I-485 filing. If this out of status > 180 days, his I-485 can be denied just on this basis alone.
If person is out of status for more than 180 days at thetime of filing for I-485, he can denied entry even on AP. Read your AP document, it mentions warning about of out of status right there.
____________________
Not a legal advice.
US Citizen of Indian Origin
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alterego
09-20 11:03 AM
To summarize this briefly.
The rescue plan = Transfer the "crap" from the balance sheet of the banks to the balance sheet of the US gov't and taxpayers. The government is buying rotting potatos for cold hard cash.
Benefits are nearer term, Consequences are longer term.
Consequensces will be:
1) Bigger deficits, budget especially
2) Less Gov't investments in infrastructure, healthcare, education etc. As the money is needed to feed the interest repayments and other obligations.
3) Higher interest rates for everything from mortgages, credit cards auto loans student loans...... you name it.
4) Higher taxes, federal and state and city.
5) Lower US dollar and higher inflation.
Unfortunately for us the recklessness of the management of the economy of this decade will be felt as a drag on progress, our earnings, taxes, benefits, even stock returns for a good part of our working lifetimes. This was a sad and unnecessary development brought about by pure greed and an ineffective government.
The rescue plan = Transfer the "crap" from the balance sheet of the banks to the balance sheet of the US gov't and taxpayers. The government is buying rotting potatos for cold hard cash.
Benefits are nearer term, Consequences are longer term.
Consequensces will be:
1) Bigger deficits, budget especially
2) Less Gov't investments in infrastructure, healthcare, education etc. As the money is needed to feed the interest repayments and other obligations.
3) Higher interest rates for everything from mortgages, credit cards auto loans student loans...... you name it.
4) Higher taxes, federal and state and city.
5) Lower US dollar and higher inflation.
Unfortunately for us the recklessness of the management of the economy of this decade will be felt as a drag on progress, our earnings, taxes, benefits, even stock returns for a good part of our working lifetimes. This was a sad and unnecessary development brought about by pure greed and an ineffective government.
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nixstor
03-18 05:40 PM
If that is the case, I am not sure why China didn't even move a single day. From the example, China should have gotten half of the unused visas. :confused:
When there are no country limits like in a situation quoted above, its completely based on PD's. India had
EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.
When there are no country limits like in a situation quoted above, its completely based on PD's. India had
EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.
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Jaime
09-12 05:19 PM
Talk to us! What is preventing you from attending??? Let's GO! Let's do this!!!!
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imv116
04-02 03:59 PM
I can put 100 arguments in support of MS students graduating and trying to get into a new job. Similarly you can come up with 100 other arguments that they are all non ethical and lies.
It is more costly for companies big and small to hire a new grad, train and eventually have him work on the business and that process is carried only by a minute percentage of all the companies that do business and also they look at elite schools.
Every MS student has to undergo a vigorous financial crisis situation there by the time they graduate they are left with no choice other than accepting what ever comes there way, at the earliest.
They don't have the liberty financially as well as law wise to sit and try for 1 year to get into a full time job. Given those kind of situations it is nothing wrong in projecting themselves to certain years of experience.
At the same, contracting, consulting is all about this. When no party likes, they can always let go.
-the116
It is more costly for companies big and small to hire a new grad, train and eventually have him work on the business and that process is carried only by a minute percentage of all the companies that do business and also they look at elite schools.
Every MS student has to undergo a vigorous financial crisis situation there by the time they graduate they are left with no choice other than accepting what ever comes there way, at the earliest.
They don't have the liberty financially as well as law wise to sit and try for 1 year to get into a full time job. Given those kind of situations it is nothing wrong in projecting themselves to certain years of experience.
At the same, contracting, consulting is all about this. When no party likes, they can always let go.
-the116
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de2002
03-11 09:45 AM
http://www.nytimes.com/2008/10/03/opinion/03fri2.html?scp=1&sq=legal%20immigration&st=cse
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arunmohan
03-17 01:50 PM
Hello group:
This is true that EB3 people are going to stay for longer period( no one knows how long).
I am not sure that how much would be fruitful to port from EB3->EB2. Everone knows that it is not easy.
IV team should think and decide the next course of action for EB3.
I am with them what ever they decide. I am ready to give any kind of support.
Regards
This is true that EB3 people are going to stay for longer period( no one knows how long).
I am not sure that how much would be fruitful to port from EB3->EB2. Everone knows that it is not easy.
IV team should think and decide the next course of action for EB3.
I am with them what ever they decide. I am ready to give any kind of support.
Regards
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qesehmk
02-08 08:24 PM
Frankly I think that this lawyer is just posting provocative material to make himself popular. He has made many predictions and number of "useful" analysis in the past, most of which were found to be untrue. I used to read his posts until recently I figured out that the analysis was unreliable. This is just my opinion.
I am tempted to think the same way ... although I am not sure.
By the way .... I don't understand the difference between unused and wasted. If I am not wrong, waste happens when a) visa number is issued and is never used in a fiscal year. b) visa numbers are available but USCIS isn't able to produce enough demand.
I am tempted to think the same way ... although I am not sure.
By the way .... I don't understand the difference between unused and wasted. If I am not wrong, waste happens when a) visa number is issued and is never used in a fiscal year. b) visa numbers are available but USCIS isn't able to produce enough demand.
whitecollarslave
01-18 01:36 PM
Talking about ID cards, wouldn't a driver's license be a proof of legal stay? With the new rules they check for immigration status before issuing a drivers license. People who are tourists or visitors will not have a US state issued drivers license.
In my case, my driver's license is valid till my H1 validity.
In my case, my driver's license is valid till my H1 validity.
starscream
06-13 03:48 PM
MSNBC has opned up a message board for Employment Based (EB) Skilled Immigration Applicants
http://boards.msn.com/MSNBCboards/board.aspx?BoardID=1042
Go to the topic Employment Based (EB) Skilled Immigration Applicants
PLease post your messages on the board about EB backlog, H1B and CIR issues. Only 5 messages have been posted
http://boards.msn.com/MSNBCboards/board.aspx?BoardID=1042
Go to the topic Employment Based (EB) Skilled Immigration Applicants
PLease post your messages on the board about EB backlog, H1B and CIR issues. Only 5 messages have been posted
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