avi101
05-19 04:10 AM
Here's my 2c
- I guess you may already be aware that you can file I485 only if your PD is current.
- Don't delay applying for your I140. Atleast get that going. The more you delay, the more things may change, rules may change at USCIS.. you never know. Plus, once you get your I40 approved and if you decide to quit your current employer you should be able to port your Priority Date. (There are conflicting opinions on what happens should the employer revoke your I140, so research more on that.) If DOL comes out with rule to end labor substitution, then your employer wont have any benefit in revoking your I140. A decision on labor substitution may be coming soon.
- Beside the I140 application notice, you also need employment support letter from your employer for your I485 as yours is an employment based GC. Your employer can delay all they want. My suggestion would be get in good terms with him\her (I know its difficult but suck up for some time), see if you can work out an NON-WRITTEN agreement on continuing to work for an extended period of time. If you put something in writing saying that you wont work afte r x number of months, it could potentially hurt you. GC needs good faith intent from both employer and beneficiary. Your employer can use that against you. Also, if there are any I140 RFEs you may still need your employer's help.
So don't burn bridges if you can. If you can't tolerate your employer any more, atleast try to get your I140 applied and approved so that you have a shot at retaining your PD.
- I guess you may already be aware that you can file I485 only if your PD is current.
- Don't delay applying for your I140. Atleast get that going. The more you delay, the more things may change, rules may change at USCIS.. you never know. Plus, once you get your I40 approved and if you decide to quit your current employer you should be able to port your Priority Date. (There are conflicting opinions on what happens should the employer revoke your I140, so research more on that.) If DOL comes out with rule to end labor substitution, then your employer wont have any benefit in revoking your I140. A decision on labor substitution may be coming soon.
- Beside the I140 application notice, you also need employment support letter from your employer for your I485 as yours is an employment based GC. Your employer can delay all they want. My suggestion would be get in good terms with him\her (I know its difficult but suck up for some time), see if you can work out an NON-WRITTEN agreement on continuing to work for an extended period of time. If you put something in writing saying that you wont work afte r x number of months, it could potentially hurt you. GC needs good faith intent from both employer and beneficiary. Your employer can use that against you. Also, if there are any I140 RFEs you may still need your employer's help.
So don't burn bridges if you can. If you can't tolerate your employer any more, atleast try to get your I140 applied and approved so that you have a shot at retaining your PD.
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GC_dd
10-15 02:19 PM
I was on L1 got h1b and started working for h1b employer in Oct 2007. meanwhile my wife and kid traveled to India and in Chennai consulate got 221g for latest salary slips in April 2008. in 2 weeks they got h4 stamped. after one year I traveled to India in July 2009 and got h1b stamped.
chanduv23
03-26 08:16 PM
It is totally upto you for taking up the job. But working without getting paid means you are giving in to exploitation.
But then, a lot of people, in their early stages of their career can do small sacrifices to learn the skill.
The only issue would be that your consulting company would be charging a heft sum to the client and pay you nothing.
Remember, legally you are not supposed while on h4.
But then, a lot of people, in their early stages of their career can do small sacrifices to learn the skill.
The only issue would be that your consulting company would be charging a heft sum to the client and pay you nothing.
Remember, legally you are not supposed while on h4.
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darsh678
12-26 03:17 PM
No you cant do that. One should not leave country when 485 pending. Once you laid off from sponsor you can not do counsural processing also. Travelling in AP should be for a mimimum period. It will be big mistake, if you leave country without job offer. No one knows when they issue RFE for employment verification during your 485 pending period. If you do not have job when they issue RFE, thats it. Bottomline is, it is better to be employed during 485 pending and stay in the country to reply any RFE.
Can we take vacation for 2 months when we have pending 485 and 140 approved for more than six months. I had applied for 485 and 140 when i was on h4 but have now lost that status...
I plan to be under new employer with the same job description while going on for vacation and returning back on AP.
Please clearify...
Can we take vacation for 2 months when we have pending 485 and 140 approved for more than six months. I had applied for 485 and 140 when i was on h4 but have now lost that status...
I plan to be under new employer with the same job description while going on for vacation and returning back on AP.
Please clearify...
more...
joydiptac
02-03 02:17 PM
We can try to make a legitimate point that H1Bs contribution to the economy is huge. Guess what that is why the companies try to hire more H1Bs. But... who is listening?
In the depression years - post 1929. Immigration to the US fell to 10% of what it was in 1929 and remained like that for 10 years. 400,000 Mexican immigrants were forced back to Mexico.
Immigration officers proactively sending back H1Bs is not totally unexpected. I hope and pray that the economy and the job situation improves in the coming months. Otherwise I wonder if there is more to come?
In the depression years - post 1929. Immigration to the US fell to 10% of what it was in 1929 and remained like that for 10 years. 400,000 Mexican immigrants were forced back to Mexico.
Immigration officers proactively sending back H1Bs is not totally unexpected. I hope and pray that the economy and the job situation improves in the coming months. Otherwise I wonder if there is more to come?
fundo14
10-15 03:30 PM
Verify your G-325 application form properly especially the employment history you provided. My wife also got the similar RFE early this year due to technical error that we made in G325 form. (My wife applied for H1 but she did not worked through that company mean while she got her EAD then started working for another company, Which voided H1-B, In G-325 we mentioned that she was working from July 2007 but her H1 is valid from October so Officer might have thought that she worked illegally for 3 months) .
We provided w2's, pay stubs and amended G325 etc to prove that she did not worked on her H1 or illegally.
Hope this helps you.
Thanks mailmy_gc.
We verified the submitted G325, all the info related to my work in US is up to date, only thing i can think of is that i missed filling the portion where it asks about details on Last employment abroad. I have filled that part as well now.
As per my attorney, it could also be that they might have misplaced my G325, hence asking for all this info.
what was the outcome of your response? everything went well after that, they accepted the response?
Thanks!
We provided w2's, pay stubs and amended G325 etc to prove that she did not worked on her H1 or illegally.
Hope this helps you.
Thanks mailmy_gc.
We verified the submitted G325, all the info related to my work in US is up to date, only thing i can think of is that i missed filling the portion where it asks about details on Last employment abroad. I have filled that part as well now.
As per my attorney, it could also be that they might have misplaced my G325, hence asking for all this info.
what was the outcome of your response? everything went well after that, they accepted the response?
Thanks!
more...
Jaime
08-17 01:01 AM
The HSMP looks very attractive if you don't know the details. Yes, you get a visa even without a job offer but they give you only one year to find a job. After 1 year in the UK you'd better have a job or you will most likely send you back to your home country (you go through a government review after 1 year). Of course, if you find a good job during that first year you should be OK.
The pro I see in this is that if you are patient and work for 5 years in the UK you will get your EU passport and yo now have mobility to other parts of Europe where the IT and other industries might be better (like Ireland)
The pro I see in this is that if you are patient and work for 5 years in the UK you will get your EU passport and yo now have mobility to other parts of Europe where the IT and other industries might be better (like Ireland)
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rsayed
07-08 01:56 PM
Thanks a lot for posting!
Please post the URL, always, if I may add.
http://www.immigration-law.com/
It's right on the home page.
Please post the URL, always, if I may add.
http://www.immigration-law.com/
It's right on the home page.
more...
anilsal
11-08 05:47 PM
is around 1.5million out of which meagerly 140K goes to employment based.
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HRPRO
04-13 01:47 PM
I have got an H1B reject because LCA did not include the client location. So most of you who say its ok to work elsewhere without an LCA change, you have been lucky!
As I understand, LCAs will absolutely have to have the client location else it is a violation of the law. Small companies more often than not do not file an amendment and cut corners. If they are caught, it could lead to dire consequences.
As I understand, LCAs will absolutely have to have the client location else it is a violation of the law. Small companies more often than not do not file an amendment and cut corners. If they are caught, it could lead to dire consequences.
more...
GCBy3000
09-20 08:52 AM
This exact issue is clearly discussed by Mathew Q&A section at www.immigration-law.com. He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.
YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.
YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.
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pappu
12-19 03:15 PM
Thank you paskal.
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rajuseattle
04-27 07:55 PM
According to USCIS's interpretation of the backlog the pending applicants from retrogressed countries do not count as the backlog because they can not process those petitions until VISA dates moves further.
I hope once they make this information available on their WEB site or to respond to IV's request to disclose the pending AoS applicants based on country of chargeability and category, we will know how many AoS pending and can judge how long it will take to receive our GCs.
I am glad atleast they r acknowledging the fact that their is backlog and they are serious about clearing the backlogs. I can imagine the July-Aug 2007 concurrent filers are now receiving their I-140 approvals. In this bad economy one need to have I-140 approval to use AC-21 provision in case of layoffs.
No hopes on CIR , that debate will be their for a while until economy starts improving, until then no reform or any releif for legal immigrants....people just talking baout US protectionism and bla bla bla...nobody cares few thousand indians and chinese applicant's petitions rotting in the USCIS service centres for years for no VISA numbers.
I hope once they make this information available on their WEB site or to respond to IV's request to disclose the pending AoS applicants based on country of chargeability and category, we will know how many AoS pending and can judge how long it will take to receive our GCs.
I am glad atleast they r acknowledging the fact that their is backlog and they are serious about clearing the backlogs. I can imagine the July-Aug 2007 concurrent filers are now receiving their I-140 approvals. In this bad economy one need to have I-140 approval to use AC-21 provision in case of layoffs.
No hopes on CIR , that debate will be their for a while until economy starts improving, until then no reform or any releif for legal immigrants....people just talking baout US protectionism and bla bla bla...nobody cares few thousand indians and chinese applicant's petitions rotting in the USCIS service centres for years for no VISA numbers.
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fortune50
07-17 10:52 PM
You are OK. This is taken from the 485 instructions.
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
what does this mean ? did I file to wrong Service Center?:(
File all employment-based AOS applications at the following address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.
what does this mean ? did I file to wrong Service Center?:(
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enggr
10-02 09:47 AM
Dear Friends/attorneys,
Is it possible to request an EB2 to EB3 conversion after a I-140 RFE? I kindly request you all to help me.
I finished my 4-year engineering course in year 2000 and started working with the company which I got recruited. My degree has year 2002 due to the last supplementary exam. My attorney put the graduation as year 2000 and counted 5 years of experience from there (Because my degree has 2 dates on it). INS is counting only 3.5 y ears of experience after degree completion.
I think the only way I can survive this RFE is to request for an approval under EB3 category. The unlucky part is I didn't get that as an option in the RFE itself (which many people got).
The paper ad as well as labor certification is not specific about "progressive experience" or experience after degree completion. The ad just says Bachelors degree with 5 years of experience.
Please advice me how to respond to this RFE in a safe manner.
This is what the paper ad says "F/T MS Degree or equivalent in Engineering field OR BS Degree or equivalent with five years ex "
EB2 PERM : Aug 2006.
EB2 I-140 (REG) : Nov 2006.
EB2 I-485/ EAD : July 2007.
EB2 I-140 RFE received : Sep 2007.
RFE
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree."
---------------------------------------
Is it possible to request an EB2 to EB3 conversion after a I-140 RFE? I kindly request you all to help me.
I finished my 4-year engineering course in year 2000 and started working with the company which I got recruited. My degree has year 2002 due to the last supplementary exam. My attorney put the graduation as year 2000 and counted 5 years of experience from there (Because my degree has 2 dates on it). INS is counting only 3.5 y ears of experience after degree completion.
I think the only way I can survive this RFE is to request for an approval under EB3 category. The unlucky part is I didn't get that as an option in the RFE itself (which many people got).
The paper ad as well as labor certification is not specific about "progressive experience" or experience after degree completion. The ad just says Bachelors degree with 5 years of experience.
Please advice me how to respond to this RFE in a safe manner.
This is what the paper ad says "F/T MS Degree or equivalent in Engineering field OR BS Degree or equivalent with five years ex "
EB2 PERM : Aug 2006.
EB2 I-140 (REG) : Nov 2006.
EB2 I-485/ EAD : July 2007.
EB2 I-140 RFE received : Sep 2007.
RFE
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree."
---------------------------------------
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lenbin
10-24 04:29 PM
h1 extension applied on july 14th on oct 19th approval notice sent..
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krishnam70
07-18 12:34 PM
There's no need for you to be negative.
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
ps57002
There have been numerous threads in this forum about the utility of sending more flowers to USCIS, whitehouse, condi, Bush etc etc and there is no consenus on that. Now If you need to try to bring to attention the delays of the BEC try something innovative or if you feel flowers are the way to go
then go do it, but before doing that try to find out your audience, how many people are affected by this. In case of 485 retro there were thousands of people who were affected and so there was a tremendous response. Now while i do not deny that there might be same kind of numbers stuck in BEC you need to bring the issue in to focus and make a drive to bring in the believers.
The flower campaign started off as a small remark and some people believed it would work and just kept working on it and ultimately it 'may' have worked because of the organized activity that took place. Now if you believe it will work for BEC centers too go ahead with your plan( I am not sure IV will support it, initally the Gandhigiri did not have IV support too if i recall). If people believe it will work they will join the campaign. Publicise your efforts and you will see results.
go do it..
cheers
edit:
http://immigrationvoice.org/index.php?option=com_frontpage&Itemid=1
IV has recommendation to not use flowers going forward
BEC reduction is one of they key goals of IV going forward. so stay tight you should hear something soon
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
ps57002
There have been numerous threads in this forum about the utility of sending more flowers to USCIS, whitehouse, condi, Bush etc etc and there is no consenus on that. Now If you need to try to bring to attention the delays of the BEC try something innovative or if you feel flowers are the way to go
then go do it, but before doing that try to find out your audience, how many people are affected by this. In case of 485 retro there were thousands of people who were affected and so there was a tremendous response. Now while i do not deny that there might be same kind of numbers stuck in BEC you need to bring the issue in to focus and make a drive to bring in the believers.
The flower campaign started off as a small remark and some people believed it would work and just kept working on it and ultimately it 'may' have worked because of the organized activity that took place. Now if you believe it will work for BEC centers too go ahead with your plan( I am not sure IV will support it, initally the Gandhigiri did not have IV support too if i recall). If people believe it will work they will join the campaign. Publicise your efforts and you will see results.
go do it..
cheers
edit:
http://immigrationvoice.org/index.php?option=com_frontpage&Itemid=1
IV has recommendation to not use flowers going forward
BEC reduction is one of they key goals of IV going forward. so stay tight you should hear something soon
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zico123
06-14 07:49 PM
Share experiences of good and bad consulting companies here. Help someone avoid the trap of fraud consulting firms which ruin peoples careers.
|
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|
Share this site with others and lets put an end to the consulting trauma.
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http://h1b.wikidot.com/h1b-companies
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Share this site with others and lets put an end to the consulting trauma.
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bigboy007
12-10 02:31 PM
bump^^^^^^^^^^^
GCNirvana007
04-08 05:23 PM
This is unreal !!.
I just asked 2 basic questions AND i get reply completely irrelevant of those questions and i am the one who is being accused.
By the way, Gangutoleogleoddl or whatever - No , absolutely no time to reply to your irrelevant talk. Infact its a waste to read your post.
Reddog, GCPool - hats off to you guys staying sane over here.
Good luck everybody.
I just asked 2 basic questions AND i get reply completely irrelevant of those questions and i am the one who is being accused.
By the way, Gangutoleogleoddl or whatever - No , absolutely no time to reply to your irrelevant talk. Infact its a waste to read your post.
Reddog, GCPool - hats off to you guys staying sane over here.
Good luck everybody.
hello
11-29 02:50 PM
I did not ask a lawyer.I saw this post and just asked the question.Thank You.