Ramkumar
04-29 05:10 PM
# When you did your H1 transfer, how many years you got extension?
Ans: I got laid off Nov'30th 2009 from Company A. I joined company B on first week of Dec' 2009. I think they were filed my H1B transfer at that time. As per Company B policy they can apply only 2 years. so that I got two extension.
# What are the documents that you sent to COMPANY B?
Ans: I provided as usual all regualr documents.(3 months salary slip, H1B approval doc,etc)
# When employer A is good to take you back to his company before filing 485 why are you filing labour again!!!, I understand that for safer side you were filing labour again, I am trying to know does employer A should revoke 140 since we left him (Is this rule / Law to revoke 140's of non existing employee!!!)
Ans: Company A is very good support for all employee. still now they didn't revoke my I-140. I spoke to Company A attorney they said, will not revoke my I-140. If chance come back, definitley they rehire me back.
Ans: I got laid off Nov'30th 2009 from Company A. I joined company B on first week of Dec' 2009. I think they were filed my H1B transfer at that time. As per Company B policy they can apply only 2 years. so that I got two extension.
# What are the documents that you sent to COMPANY B?
Ans: I provided as usual all regualr documents.(3 months salary slip, H1B approval doc,etc)
# When employer A is good to take you back to his company before filing 485 why are you filing labour again!!!, I understand that for safer side you were filing labour again, I am trying to know does employer A should revoke 140 since we left him (Is this rule / Law to revoke 140's of non existing employee!!!)
Ans: Company A is very good support for all employee. still now they didn't revoke my I-140. I spoke to Company A attorney they said, will not revoke my I-140. If chance come back, definitley they rehire me back.
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zCool
04-05 02:56 PM
So lets understand this..
You joined someone on the promise that they will sponsor your GC with approved labor..
They kept their word and you are gainfully employed.. he's paying you and now you want to purely for your own benefit leave this benefactor and join another company..
So either you paid him before joining and hence feel entitled to this approved I140
Or
You are just too opportunistic and don't deserve this good guy who is doing as he says .. No wonder Desi consulting companies try to get as much leverage on their employees as they can.. guyz like you spoil it for everyone!!
Go eat in some other dust-bin..!
You joined someone on the promise that they will sponsor your GC with approved labor..
They kept their word and you are gainfully employed.. he's paying you and now you want to purely for your own benefit leave this benefactor and join another company..
So either you paid him before joining and hence feel entitled to this approved I140
Or
You are just too opportunistic and don't deserve this good guy who is doing as he says .. No wonder Desi consulting companies try to get as much leverage on their employees as they can.. guyz like you spoil it for everyone!!
Go eat in some other dust-bin..!
ram04
10-20 08:43 PM
If your new company is paying the fee use company attorney else stick with old attorney.
Make sure the new attorney is good and capble of handling your case.
I have followed first option in my case which is similar to yours and ofcourse my new corporate attorney is equally good.
Hope this helps to decide further.
Make sure the new attorney is good and capble of handling your case.
I have followed first option in my case which is similar to yours and ofcourse my new corporate attorney is equally good.
Hope this helps to decide further.
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a1b2c3
12-19 02:28 PM
Practice what you preach.
BTW myself and majority of members on this forum hasn't replaced any American worker.
Yeah, right :D! BTW your long hopeless wait for gc has driven you crazy :D
BTW myself and majority of members on this forum hasn't replaced any American worker.
Yeah, right :D! BTW your long hopeless wait for gc has driven you crazy :D
more...
jonty_11
07-16 07:09 PM
It would help if you guys provide ur PDs to get an idea what PD folks are getting CP interview calls?
shaifu
03-28 10:37 PM
Hi Friends
My employee filed for H1 extension for me in oct 2007.Earlier i had been granted a 3 yr extension in 2005.Today USCIS reported that they needed additional information from me to approve my case and had mailed me a letter in this regard.Does anyone have any similar experience.I have my EAD and AP and my PD is Sept 05 in EB2.What information if any could USCIS be needing.Any suggestions are highly welcome and appreciated
My employee filed for H1 extension for me in oct 2007.Earlier i had been granted a 3 yr extension in 2005.Today USCIS reported that they needed additional information from me to approve my case and had mailed me a letter in this regard.Does anyone have any similar experience.I have my EAD and AP and my PD is Sept 05 in EB2.What information if any could USCIS be needing.Any suggestions are highly welcome and appreciated
more...
GoneSouth
07-11 11:14 AM
Congratulations!! Why didn't you do Concurrent filing in June?
I didn't have my I-485 documents compiled and ready for submission in June, so I just went and filed I-140 since that was ready. I figured I-140 would be approved by the time I had I-485 docs ready, and the July visa bulletin issued June 13th showed my PD current through July, so I wasn't worried.
Boy did I (and quite a few other people) get a nasty surprise on July 2!
I didn't have my I-485 documents compiled and ready for submission in June, so I just went and filed I-140 since that was ready. I figured I-140 would be approved by the time I had I-485 docs ready, and the July visa bulletin issued June 13th showed my PD current through July, so I wasn't worried.
Boy did I (and quite a few other people) get a nasty surprise on July 2!
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AJT
10-08 08:29 PM
Filed @ NSC, Rec'ed 07/27/07
Got Receipts on 10/01/07 from TX for EAD, AP, I-485 for self and spouse
Rec'ed EADs for self and spouse on 10/5/07
AP - Rec'ed and pending
I-485 - Rec'ed and pending
Got Receipts on 10/01/07 from TX for EAD, AP, I-485 for self and spouse
Rec'ed EADs for self and spouse on 10/5/07
AP - Rec'ed and pending
I-485 - Rec'ed and pending
more...
eb3_nepa
11-05 11:27 PM
The following are not counted against H1b caps as far as i know, the list may not be complete:
existing visa-transfer jobs
employees of not for profit entities
University employees
J-1 doctors starting an underserved area job
So then only these four categories count as "Non Cap H1Bs"?
Can anyone shed more light on any other categories that qualify as non cap?
Thanks
existing visa-transfer jobs
employees of not for profit entities
University employees
J-1 doctors starting an underserved area job
So then only these four categories count as "Non Cap H1Bs"?
Can anyone shed more light on any other categories that qualify as non cap?
Thanks
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mysticblue
08-17 02:49 AM
You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.
Thank you so much. Your advice is highly appreciated.
Thank you so much. Your advice is highly appreciated.
more...
dyamannavar
07-18 10:18 AM
If EAD is not filed along with I485 application, Do we need to wait for I485 reciept to file EAD or a copy of 485 application is enough?
Thanks,
Rajeev
Here is:
e-file 765(180 $)
Send copy of 485 along with printout of receipt
Wait for FP appointment
Done(got cards 40 days later)
I already did it for wife, son and myself.
Saved about 1500$
Thanks,
Rajeev
Here is:
e-file 765(180 $)
Send copy of 485 along with printout of receipt
Wait for FP appointment
Done(got cards 40 days later)
I already did it for wife, son and myself.
Saved about 1500$
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stemcell
03-07 06:38 PM
Can you give more detalis?
are you filing NIW as a physician?
are you filing NIW as a physician?
more...
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dpp
01-07 08:25 PM
B. Provisions in Cases of Revocation of the Approved Form I-140
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
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chanukya
05-17 10:55 PM
Sorry about my statement, I stand corrected, if you are US Masters and above plus member of profession, you still are not exempt from LC Process, however, special handling of LC in your case will take place, like the measure by DOL will be looking for US Citizens equally qualified ratehr than able, willing and qualified.
USCIS Section 212(a)
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts
(III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.
Bottom line US Masters and above still need LC, Only thing is they are not counted against Quota....which is the biggest releif ever...
USCIS Section 212(a)
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts
(III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.
Bottom line US Masters and above still need LC, Only thing is they are not counted against Quota....which is the biggest releif ever...
more...
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walking_dude
12-21 09:35 AM
I wrote an E-mail to ACLU about the plight of Green Card applicants like a month back. I haven't received any replies (yet).
ACLU is a leftist organization. It cares only for the proletariat, and not for the 'elite' earning decent wages. We are all 'fatcat capitalists' who can defend themselves, as per ACLU/leftist thinking.
As a card carrying member of ACLU, all I can say is that I am proud to have the lady at ACLU :)
ACLU is a leftist organization. It cares only for the proletariat, and not for the 'elite' earning decent wages. We are all 'fatcat capitalists' who can defend themselves, as per ACLU/leftist thinking.
As a card carrying member of ACLU, all I can say is that I am proud to have the lady at ACLU :)
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nozerd
09-06 04:39 PM
Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.
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dhiru
08-03 03:16 PM
I have similar issue, I have applied for the EAD renewal on May 18th and received the notice on May 24th. My EAD is expiring on August 18th, and still have not heard back from USCIS. I have called the USCIS on July 26th and opened a service request, but it got rejected asking me to wait for 90 business days. What are my options ?
a. Can I still keep working?
b. Should I quit my job?
c. Can I take unpaid vacation?
Please help...
Thnx.
a. Can I still keep working?
b. Should I quit my job?
c. Can I take unpaid vacation?
Please help...
Thnx.
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harikris
12-05 10:19 AM
Hi,
Thanks for your response.
AFAIK, there is no tatkal or emergency type of service for PIO card - atleast not at Washington DC which is our jurisdiction.
My company surprised all it's employees with a 2 week of paid X-Mas holidays. Hence the need for PIO card asap. Hence the reasoning for going and applying in person. So, do i absolutely need to take the kid? I don't see any reason why i should. But better to check with ppl that have first hand experience in submitting the application in person at the Embassy counter.
Thanks for the idea on the thumb impressions. That helps.
Thanks for your response.
AFAIK, there is no tatkal or emergency type of service for PIO card - atleast not at Washington DC which is our jurisdiction.
My company surprised all it's employees with a 2 week of paid X-Mas holidays. Hence the need for PIO card asap. Hence the reasoning for going and applying in person. So, do i absolutely need to take the kid? I don't see any reason why i should. But better to check with ppl that have first hand experience in submitting the application in person at the Embassy counter.
Thanks for the idea on the thumb impressions. That helps.
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GlobalCitizen
07-27 10:33 AM
Thank you everyone!
I have decided to apply.
I have decided to apply.
xu1
09-12 07:08 PM
-----------
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
This needs probably more insight..
I don't think that was necessarily true.. An H1b woman on maternity leave, even if unpaid, is legal in status. At least that's what the lawyer advised my wife.
Please ask your (company's) lawyear..
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
This needs probably more insight..
I don't think that was necessarily true.. An H1b woman on maternity leave, even if unpaid, is legal in status. At least that's what the lawyer advised my wife.
Please ask your (company's) lawyear..
Munna Bhai
07-12 10:21 AM
any more help??
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