Jim77
10-15 12:31 PM
You can buy a confirmed ticket to India, take an Infopass appointment, and tell the Immigration Officer of your urgency to travel to India. Give him a copy of the ticket, a copy of your AP LIN/SRC and he/she should be able to get it expedited for you hopefully. This is my experience, plus I feel you have enough time until January.
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ocpmachine
07-06 04:41 PM
Tell the hiring manager you don't need any Visa sponsorship, but just would require a EVL detailing job description and salary details, EVL is common not just for immigration, but for securing a home loan or car loan, so HR will not have any problem in providing a EVL. I did the same last year got the job offer and notified the hiring manager and HR that I am on EAD, told them that I don't need any visa sponsorship, but a detailed EVL, hired a private attorney informed USCIS about the new employer with the EVL I secured after joining the new employer, submitted the document as part of AC 21. Last year around Aug. 2008 I got my GC got approved without any RFE.
Good luck
HTH
kris
Kris,
I really appreciate you visiting this site and taking time replying to other member queries even after getting your GC, this what makes this forum a great place for sharing their immigration experiences.
Good luck
HTH
kris
Kris,
I really appreciate you visiting this site and taking time replying to other member queries even after getting your GC, this what makes this forum a great place for sharing their immigration experiences.
need4gc
09-10 11:08 AM
Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.
2011 poesia de amor
O'podu
07-13 01:37 PM
:D Just come over with suits, casuals, sneakers and boots in HAND.:confused:
wear the one which online rally member says before walk.
You can come with /without wearing anything. upto u.;)
LET THE RALLYYYYYYYYYYY BEGIN!!!
Here we come USCIS......!!!
wear the one which online rally member says before walk.
You can come with /without wearing anything. upto u.;)
LET THE RALLYYYYYYYYYYY BEGIN!!!
Here we come USCIS......!!!
more...
Hermione
10-02 12:34 PM
My wife has a non-working SSN. Will she need to convert it (or apply for a new SSN) to working SSN once she starts working persuant to EAD?
Do you mean ITIN or an SSN with a statement underneath? If it is ITIN, then she would need to apply for the real SSN. If it has the statement 'Not valid for employement' then she may get one, too, it would read 'Valid for employment with USCIS authorization'.
Do you mean ITIN or an SSN with a statement underneath? If it is ITIN, then she would need to apply for the real SSN. If it has the statement 'Not valid for employement' then she may get one, too, it would read 'Valid for employment with USCIS authorization'.
kaisersose
08-01 01:09 PM
Wishful thinking.
1. All they did in June was to assign visa numbers to already processed 485 applications. These cases were fully processed and were just awaiting visa numbers for approval. They could have just as easily assigned 4 million visa numbers in that time frame. Hence, this June activity has no bearing on actual 485 processing time as this also includes security checks (can run into years) which are not in the hands of of the USCIS.
2. Rajiv Khanna says not all visa numbers for the fiscal year are made available on Oct 01. Visa numbers are released in limited batches for the first 3 quarters. It is only during the last quarter (July-September) that DOS is allowed to go to town and release all pending numbers of that year.
1. All they did in June was to assign visa numbers to already processed 485 applications. These cases were fully processed and were just awaiting visa numbers for approval. They could have just as easily assigned 4 million visa numbers in that time frame. Hence, this June activity has no bearing on actual 485 processing time as this also includes security checks (can run into years) which are not in the hands of of the USCIS.
2. Rajiv Khanna says not all visa numbers for the fiscal year are made available on Oct 01. Visa numbers are released in limited batches for the first 3 quarters. It is only during the last quarter (July-September) that DOS is allowed to go to town and release all pending numbers of that year.
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pappu
04-10 12:28 PM
I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
2010 Kany Garcia - Estigma De Amor
kondur_007
09-17 09:38 PM
I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
http://immigrationvoice.org/forum/sh...ad.php?t=20403
Hope this helps.
Good Luck.
I am not a lawyer; but this is what I believe to the best of my knowledge:
1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.
2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)
There is really no law that specifies the duration.
All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."
Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.
Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).
If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...
Again, there is no clear law on this...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
http://immigrationvoice.org/forum/sh...ad.php?t=20403
Hope this helps.
Good Luck.
more...
dentist1
03-09 01:07 PM
Hi I am very new to this forum and actually to all the Immigration related forums. Here is what my situation is.
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
What is so urgent about this post.Please change the title.
I was working for a company A, got my PERM and I140 approved on EB3 and filed my I485 on with PD August 2007. I have also have the EAD and AP and am working on EAD as my H1 got voided after getting laid off from Company A on 2009. I am working with a company B with a higher salary than company A. This company didnt want to deal with USCIS and my agreement with this company does not allow me to discuss immigration matter with them. Now I got a new offer from company C with similar or slightly higher salary. Company C is ready to do my paper work.
Now I need to know what are the things that I can do.
1. Do I need to file PERM, I140 again on EB2?
2. Do I need to file for H1 again and complete the entire process?
3. What is and how to do EB3 to EB2 porting? is that all I need to do?
Please give me some advice. Thanks in advance.
KM
What is so urgent about this post.Please change the title.
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pathiren
07-20 05:23 PM
May be we should gather momentum, and ask ImmigrationVoice to start working to address the issue of past backlogs as well as future backlogs too. Moderators, please make a note of this thread and direct us on path forward. May be another flower revolution; or may be we should send pens saying "Change the immigration law and make US a beacon of freedom". This will decide the fate of millions of people in US waiting for their GC approval.
All directions from Immigrationvoice would be appreciated.
Thanks again for your response and keep on sending more responses.
All directions from Immigrationvoice would be appreciated.
Thanks again for your response and keep on sending more responses.
more...
zCool
04-03 03:35 PM
See below for answers:
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
-- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
-- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
Thanks a lot!
BTW, as queries go.. this one wasn't complicated :) Relax!
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
-- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
-- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
Thanks a lot!
BTW, as queries go.. this one wasn't complicated :) Relax!
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Ann Ruben
03-08 07:10 AM
Hi Prem,
Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?
Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?
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karthiknv143
06-01 05:13 PM
^^^^^^^^^^^^^^^
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bluez25
07-15 02:46 PM
My Priority date is Feb 1st 2006. I got my 140 approved some time in May 2006 and Here I am today..
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pictures Graffiti de Amor (Graffiti
guyfromsg
07-19 05:41 PM
Thanks for ur reply..anyone else has any input on this??
From Greg's blog
>>greg, i filed today and tx has jurisdiction over my area but i sent it to nebraska....will that cause a delay or will it be bad for my file?<<
You should be fine. You have your choice up until month's end.
From Greg's blog
>>greg, i filed today and tx has jurisdiction over my area but i sent it to nebraska....will that cause a delay or will it be bad for my file?<<
You should be fine. You have your choice up until month's end.
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tonyHK12
02-03 07:52 PM
Congratulations
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aristotle
01-31 01:48 PM
Where?
Let me explain in a bit more detail..
Suppose you have an approved I140 from company A and got the 3 year H1 extension because of it. Now you transfer to Company B and got the full 3 years of H1 transferred. And Company A revoked your I140 after you left.
You cannot transfer to Company C at this point as there is no approved I140 to support your transfer. You cannot extend your H1 with Company B unless
A) your labor has been pending for more than a year OR
B) your I140 is approved
One your I140 is approved with Company B, you are in a good position again.
Crystal?
aren't u contradicting urself?
Let me explain in a bit more detail..
Suppose you have an approved I140 from company A and got the 3 year H1 extension because of it. Now you transfer to Company B and got the full 3 years of H1 transferred. And Company A revoked your I140 after you left.
You cannot transfer to Company C at this point as there is no approved I140 to support your transfer. You cannot extend your H1 with Company B unless
A) your labor has been pending for more than a year OR
B) your I140 is approved
One your I140 is approved with Company B, you are in a good position again.
Crystal?
aren't u contradicting urself?
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sanin
01-16 05:51 PM
Hi,
I was working with company A since June to Dec 07. and Now I got offer with company B which they are filing my H1 transfer.
but i dont have the last 2 months (Nov & Dec) paystubs from company A (have paystubs from June to Oct). because my employer always give me latest 2 months the paystubs but i have proof of Bank Acccount mentioning the payroll information in bank account for month of Nov & Dec 07.
So does the Bank Account statement will be valid for H1 transfer ?
Please reply me ASAP.
sanin.
I was working with company A since June to Dec 07. and Now I got offer with company B which they are filing my H1 transfer.
but i dont have the last 2 months (Nov & Dec) paystubs from company A (have paystubs from June to Oct). because my employer always give me latest 2 months the paystubs but i have proof of Bank Acccount mentioning the payroll information in bank account for month of Nov & Dec 07.
So does the Bank Account statement will be valid for H1 transfer ?
Please reply me ASAP.
sanin.
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gccovet
09-04 01:42 PM
I beg to disagree on this thought:
I think in the above scenario, they do not invalidate your H1. You can continue till the end-date on the H1, even though it was approved based on pending I-485. I suggest you consult an attorney on this specific scenario.
You can work on h1b - you will get H1b based on existing approved 140 and pending 485.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
LostInGCProcess, Chanduv23,
Thank you for your replies, I appreciate it.
So, I guess, it is okay to get the H1B "Transferred" and if (god forbid) I-485 gets denied, I can still work till the teneure of H1B and then go home.
Also, if i-140 is revoked , that should trigger NOID or RFE which the lawyer will handle (hopefully successfully).
Once again, Thanks a lot.
Regards.
GCCovet
I think in the above scenario, they do not invalidate your H1. You can continue till the end-date on the H1, even though it was approved based on pending I-485. I suggest you consult an attorney on this specific scenario.
You can work on h1b - you will get H1b based on existing approved 140 and pending 485.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
LostInGCProcess, Chanduv23,
Thank you for your replies, I appreciate it.
So, I guess, it is okay to get the H1B "Transferred" and if (god forbid) I-485 gets denied, I can still work till the teneure of H1B and then go home.
Also, if i-140 is revoked , that should trigger NOID or RFE which the lawyer will handle (hopefully successfully).
Once again, Thanks a lot.
Regards.
GCCovet
gc_chahiye
07-20 06:18 PM
My PD is Nov 2004, I got 140 approved. Im not filing 485 now as im unmarried.
Any ideas when can be the date current again(for my PD atleast)?
EB2 or EB3? If EB2 then based on data someone posted here earlier, there is a good chance of you becoming current in the next 12-18 months.
Any ideas when can be the date current again(for my PD atleast)?
EB2 or EB3? If EB2 then based on data someone posted here earlier, there is a good chance of you becoming current in the next 12-18 months.
kartikiran
06-17 11:11 AM
As part of this intiative, members who have gone through with service errors from USCIS can help and save others who might have to go through the same ordeal.
Please note, if you feel you have been a victim of USCIS service errors, sharing it here will enable IV to discuss these with USCIS and probably work on establishing a channel where USCIS can also help resolve applicants problems faster.
But the success of this initiative comes with how many of the past service errors we are able to collect.
So I hope members who have experienced a frustrating ordeal due to USCIS Service errors and had spent thousands of dollars for attorney fees to resolve those, can at least mention their ordeal here free of cost.
Every mention helps IV to get this initiative move forward.
Please note, if you feel you have been a victim of USCIS service errors, sharing it here will enable IV to discuss these with USCIS and probably work on establishing a channel where USCIS can also help resolve applicants problems faster.
But the success of this initiative comes with how many of the past service errors we are able to collect.
So I hope members who have experienced a frustrating ordeal due to USCIS Service errors and had spent thousands of dollars for attorney fees to resolve those, can at least mention their ordeal here free of cost.
Every mention helps IV to get this initiative move forward.