longwait4gc
02-23 04:58 PM
Talk to your company lawyer first. I can try to answer few questions based on my interpretation which might be wrong.
Hi,
I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
Yes, if there is no layoff you can continue file PERM in that company. If there is layoffs and you file PERM then they will reject it after that your company can file request for reconsideration.
I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?
Yes you can start PERM but make sure you negotiate this condition before accepting their job.
I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?
If the priority date is 365 days old then they can file extension for H1B. You will get yearly extensions until your I140 is approved. Best of luck.
A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.
Thanks
Hi,
I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
Yes, if there is no layoff you can continue file PERM in that company. If there is layoffs and you file PERM then they will reject it after that your company can file request for reconsideration.
I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?
Yes you can start PERM but make sure you negotiate this condition before accepting their job.
I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?
If the priority date is 365 days old then they can file extension for H1B. You will get yearly extensions until your I140 is approved. Best of luck.
A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.
Thanks
wallpaper Crocodile Devours Bull Shark
ata1234
07-13 09:04 PM
Done. Forwarded to other affected friends.
Wondering why IV has 4000 members while signatures are only 1327.
I believe your spouse can sign too because she is affected with this VB fiasco as well.
You are right! Hopefully, everybody is including their spouses too.
Wondering why IV has 4000 members while signatures are only 1327.
I believe your spouse can sign too because she is affected with this VB fiasco as well.
You are right! Hopefully, everybody is including their spouses too.
morchu
05-04 02:11 PM
Good point regarding export regulations. I dont have much idea in this scene.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
2011 ull shark attack in lake
mita
08-22 08:16 PM
Enjoy your green!!!
Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)
Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)
more...
upuaut
09-15 07:34 PM
Ha!! great to see it worked for you right off the bat. I'll have to check out that feature once I get MX.
It is, by far the biggest pain in the butt effect I've seen done which contains absolutely no action script.
It is, by far the biggest pain in the butt effect I've seen done which contains absolutely no action script.
new2gc
02-16 01:56 PM
These time- pass threads are better than EB2 Vs EB3 threads.
If you are passing time on IV website...sorry.. either you may be a dumb .... who doesn't know what mess you are in (per your id EB3-Nov5) or an even more dumb anti guy...it is as simple as that... Since you are ignorant..I don't want to argue any further with you...
If you are passing time on IV website...sorry.. either you may be a dumb .... who doesn't know what mess you are in (per your id EB3-Nov5) or an even more dumb anti guy...it is as simple as that... Since you are ignorant..I don't want to argue any further with you...
more...
hourglass
02-15 10:01 PM
Hi,
I am working on 8th year H1 visa (with approval notice) valid thru september 2009
Theres a expired visa stamped on my passport, which was march 2005. Do you think for my scenerio it is safe to visit Canada for stamping? And what documents did they ask you in your case, appreciate your help.
I went to Ottawa, Canada in January for visa stamping. I got Visa done.
On that day, I had seen most of the people attended for stamping are indians. Everyone was given visa.
Stamping is pretty easy at Ottawa. They dont ask you much questions. If one has all the required documents for visa stamping, its very easy to get stamping at ottawa.
Good Luck for your stamping.
I am working on 8th year H1 visa (with approval notice) valid thru september 2009
Theres a expired visa stamped on my passport, which was march 2005. Do you think for my scenerio it is safe to visit Canada for stamping? And what documents did they ask you in your case, appreciate your help.
I went to Ottawa, Canada in January for visa stamping. I got Visa done.
On that day, I had seen most of the people attended for stamping are indians. Everyone was given visa.
Stamping is pretty easy at Ottawa. They dont ask you much questions. If one has all the required documents for visa stamping, its very easy to get stamping at ottawa.
Good Luck for your stamping.
2010 ull shark attack
nashorn
12-17 10:41 PM
thanks for the inputs guys..
This is the first time i have applied for my I-485 and i am on H1b befor this and my record is very very clean...
Coming to the address on my I-485 i called up USCIS and also went fr an INFOPASS appointmentt and i was told that the address i told matched with theirs on the file...when i asked for a second copy to be sent they said that it will take 30-45 days for me to receive it...i am really worried..
Since the USCIS case status said "We mailed you a decision on 29'th NOV " and it is not 30 days wil it still be considered abandenonment denial??
Does any of you know whether my dependents need to sign the Appeal/motion to reopen or my attorney can file on their behalf??
thanks again for your inputs..can you share some of your experinces.
The abandenonment denial happens when you don't reply a RFE or Intent to deny before a dead line mentioned in the RFE or intent to deny. It doesn't apply to a final dinial decision which is what you would have got, because (they) got denied as YOURS was denied.
Have you check if your atterney's address on your 485 is correct? When you have an atterney, the decision will be sent to your atterney, not you. If the address of your atterney is incorrect, he wouldn't get it.
You have to get your case reopened in oreder to get your family's reopened. If your's got dinied, theirs have no ground to get reconsidered.
This is the first time i have applied for my I-485 and i am on H1b befor this and my record is very very clean...
Coming to the address on my I-485 i called up USCIS and also went fr an INFOPASS appointmentt and i was told that the address i told matched with theirs on the file...when i asked for a second copy to be sent they said that it will take 30-45 days for me to receive it...i am really worried..
Since the USCIS case status said "We mailed you a decision on 29'th NOV " and it is not 30 days wil it still be considered abandenonment denial??
Does any of you know whether my dependents need to sign the Appeal/motion to reopen or my attorney can file on their behalf??
thanks again for your inputs..can you share some of your experinces.
The abandenonment denial happens when you don't reply a RFE or Intent to deny before a dead line mentioned in the RFE or intent to deny. It doesn't apply to a final dinial decision which is what you would have got, because (they) got denied as YOURS was denied.
Have you check if your atterney's address on your 485 is correct? When you have an atterney, the decision will be sent to your atterney, not you. If the address of your atterney is incorrect, he wouldn't get it.
You have to get your case reopened in oreder to get your family's reopened. If your's got dinied, theirs have no ground to get reconsidered.
more...
zuhail
10-14 02:07 PM
Obviously this bill will definitely help the EB back log -- this bill should be supported whole-heartedly.
While we wait for a more comprehensive bill with visa re-capture, eliminating per country quotas etc etc, this bill will definitely help to reduce the EB back log. I wonder whether IV is raising funds to lobby for this bill or what is IV's position on this bill?
While we wait for a more comprehensive bill with visa re-capture, eliminating per country quotas etc etc, this bill will definitely help to reduce the EB back log. I wonder whether IV is raising funds to lobby for this bill or what is IV's position on this bill?
hair BULL SHARK
gccovet
08-15 09:08 AM
Here is my situation:
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
Dont' worry, you are fine.
It should be fine as your company already informed USCIS, these acquistions are quite common.
Get a "Acquisition letter " and a "name change letter" from your HR. This will be useful if you happen to travel on H1B (out of USA).
My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.
Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.
Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).
Questions:
1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
2. Can i join with company 'C' by invoking AC21?
Please share your thoughts and experiences.
Dont' worry, you are fine.
It should be fine as your company already informed USCIS, these acquistions are quite common.
Get a "Acquisition letter " and a "name change letter" from your HR. This will be useful if you happen to travel on H1B (out of USA).
more...
acecupid
08-01 11:06 AM
HI , first of all thank you for spending some time on my problem.
But my dependants are in " X " location only . we are meeting each other by travelling . my dependants are receiving all invoices. Thats the reason i got this question. please suggest me. THANK YOU SO MUCH IN ADVANCE.
Your statements seem to contradict. I thought you mentioned earlier that you moved to "Y" location. Are you saying that you live in "Y" location and your dependents live in "X" location and you travel to meet each other on weekends ? If you maintain two residences then you probably dont have to file a change of address.
I find it pretty odd though, most people dont maintain multiple residences.
But my dependants are in " X " location only . we are meeting each other by travelling . my dependants are receiving all invoices. Thats the reason i got this question. please suggest me. THANK YOU SO MUCH IN ADVANCE.
Your statements seem to contradict. I thought you mentioned earlier that you moved to "Y" location. Are you saying that you live in "Y" location and your dependents live in "X" location and you travel to meet each other on weekends ? If you maintain two residences then you probably dont have to file a change of address.
I find it pretty odd though, most people dont maintain multiple residences.
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gcisadawg
03-30 08:20 PM
If you apply for extnsion, please keep in mind your parents stays in US until you receive their approval extension. If they travel outside the while case pending and if they try to renter before case is approved, they will deny at POE and cancel and 10 Year multiple visa. Be very careful here.
I applied for an extension for my mother-in-law. It was approved several months after her I-94 expiration date. But she left to India two days before her I-94 expiration date. I even sent a letter asking them to cancel/withdraw my application. They didnt care and went ahead and approved. When it came, it was pretty much useless!
What I heard was, when you apply for an extension, the stay after I-94 expiration date is approved by US Attorney general for certain number of days. We didn't pursue that option since we thought that it could jeopardize her subsequent trip.
I applied for an extension for my mother-in-law. It was approved several months after her I-94 expiration date. But she left to India two days before her I-94 expiration date. I even sent a letter asking them to cancel/withdraw my application. They didnt care and went ahead and approved. When it came, it was pretty much useless!
What I heard was, when you apply for an extension, the stay after I-94 expiration date is approved by US Attorney general for certain number of days. We didn't pursue that option since we thought that it could jeopardize her subsequent trip.
more...
house white shark attacks whale,
akhilmahajan
04-20 11:50 AM
Well said sir.
It really paints a true picture for all of us.
It really paints a true picture for all of us.
tattoo ull shark attack.
kirupa
08-18 11:48 PM
If you are lazy (like I am right now), you could just create an owl smiley and have the tag name by "O' RLY"! That way you won't have to fret about getting the owl's expression just right in the tiny < 20 pixel per side area!
more...
pictures great_white_following_behind.
chanduv23
03-20 03:39 PM
yes, looks like a lot of things are going on. before the bill hits the floor, a lot of workarounds, changes etc..... everything happening in closed doors
dresses A Zambezi, or Bull Shark
lifestrikes
03-28 03:22 PM
Hi all ,
Me and my husband are planning india trip in jun or july this year for 2-3 weeks.We both need to get our visas stamped in New Delhi .
We are short on time and our native places are far .So to save time and keep the window for passport arrival if approved or any problems ,postal delays..I was thinking to get visa-interview-date the day we land to delhi.
So here is the probelm,travelling with heavy bags ,international baggage is unsafe and difficult.
What would be the travel tips ?
Our plan is-
1.To stay in some hotel in delhi the day we land( if we reach in evening) and go to stamping next day.
Where to stay? Should we go to consulate with all international luggageand directly travel for native or keep in hotel room, come back later for it ,is it safr options?
Traveeling is also difficult
2.Then for there on ,what transport ,bus,delux bus,train ,or flight to take to chandigarh.
what ever is easiest for us ?
For regular bus(i know is pretty fast,5-6 hrs) ,we have to go to ISBT and keep lugaage on top of bus...i dont know about seats...availability .
For deluxe, never travelled so need tips.
Or better to take train ,go to railway station.
I dont know if domestic flgihts allow that much of baggage option, do they allow international luggage ,something like through checkin.
Please throw in your valuable suggestions to make our trip easy and better usage of time.
My 2 cents..
My brother reached Chennai early morning 2 AM and had visa interview at 9 AM. He took the risk and flight arrived on time. This was Mid-Feb 2011.
I had his visa interview details, so just in case there is flight delay, I was going to inform VFS about travel delay and cancel his appointment. "No show" will get you like 90 days ban.
I would do the the following - book a hotel room near consulate, leave the bags in hotel, complete the interview, then rent a taxi and to final destination. this option will be convenient compared to bus and train.
Me and my husband are planning india trip in jun or july this year for 2-3 weeks.We both need to get our visas stamped in New Delhi .
We are short on time and our native places are far .So to save time and keep the window for passport arrival if approved or any problems ,postal delays..I was thinking to get visa-interview-date the day we land to delhi.
So here is the probelm,travelling with heavy bags ,international baggage is unsafe and difficult.
What would be the travel tips ?
Our plan is-
1.To stay in some hotel in delhi the day we land( if we reach in evening) and go to stamping next day.
Where to stay? Should we go to consulate with all international luggageand directly travel for native or keep in hotel room, come back later for it ,is it safr options?
Traveeling is also difficult
2.Then for there on ,what transport ,bus,delux bus,train ,or flight to take to chandigarh.
what ever is easiest for us ?
For regular bus(i know is pretty fast,5-6 hrs) ,we have to go to ISBT and keep lugaage on top of bus...i dont know about seats...availability .
For deluxe, never travelled so need tips.
Or better to take train ,go to railway station.
I dont know if domestic flgihts allow that much of baggage option, do they allow international luggage ,something like through checkin.
Please throw in your valuable suggestions to make our trip easy and better usage of time.
My 2 cents..
My brother reached Chennai early morning 2 AM and had visa interview at 9 AM. He took the risk and flight arrived on time. This was Mid-Feb 2011.
I had his visa interview details, so just in case there is flight delay, I was going to inform VFS about travel delay and cancel his appointment. "No show" will get you like 90 days ban.
I would do the the following - book a hotel room near consulate, leave the bags in hotel, complete the interview, then rent a taxi and to final destination. this option will be convenient compared to bus and train.
more...
makeup quot;Anatomy of a shark attack
VivekAhuja
06-02 07:34 PM
No need of open ticket or anything like that. Just make sure they have all their papers intact and do not over stay. Days of Open Tickets are gone as far as POE or Consulate is concerned.
girlfriend images ull shark attacks bull
ivgclive
04-23 06:09 PM
I completely agree. Members like ivgclive should to be banned. This is a public forum. If you know the answer, speak up, if not "SHUT UP".
Lately I feel instead of finding useful information, there are pages & pages of useless remarks, name calling. I hate to contribute to this but its important this does not spoil the image of IV. Nobody likes to be part of a forum for the frustrated.
You are most welcome.
Telling people "create thread only if you have the RFE information" becomes a "wrong" in public forums.
It is like "I filed I-485 last week, anybody on the same boat".
Wait for few days, get the letter, read it, understand and ask questions.
Oh, I am sorry, only people aks 'questions' are entitled to ask anything, I should not answer or correct them if they are wrong.
Go ahead.
Lately I feel instead of finding useful information, there are pages & pages of useless remarks, name calling. I hate to contribute to this but its important this does not spoil the image of IV. Nobody likes to be part of a forum for the frustrated.
You are most welcome.
Telling people "create thread only if you have the RFE information" becomes a "wrong" in public forums.
It is like "I filed I-485 last week, anybody on the same boat".
Wait for few days, get the letter, read it, understand and ask questions.
Oh, I am sorry, only people aks 'questions' are entitled to ask anything, I should not answer or correct them if they are wrong.
Go ahead.
hairstyles by a ull shark in Sydney
SL%%
08-17 09:17 PM
I seriously don't know how many LUD's have passed on my portfolio but the latest is April 30, 2009. Called lawyer and asked them if there were any RFE's, second FP appointment and told me that there are none. I don't know if you read the article where USCIS is pre-adjudicating cases even if the PD is not current. As to what the article said, I think TSC & NSC have already almost used up every EB3 quota for the FY2010 where they needed to pre-adjudicate cases so they would know more or less accurately how big the backlog is. According to the article also, most cases that were pre-adjudicated were those who filed during the 2007 FIASCO they created so it would probably only mean one of the ff:
- USCIS is playing safe
- USCIS indeed pre-adjudicated those 2007 filers which probably answers our current LUD's (if that really is the case)
- USCIS pretty much denied a lot of application (if you don't have any denial letter by now and you see LUD's on your portfolio and filed last 2007 during that Fiasco, chances are its been pre-adjudicated already, maybe).
- USCIS is playing safe
- USCIS indeed pre-adjudicated those 2007 filers which probably answers our current LUD's (if that really is the case)
- USCIS pretty much denied a lot of application (if you don't have any denial letter by now and you see LUD's on your portfolio and filed last 2007 during that Fiasco, chances are its been pre-adjudicated already, maybe).
SanjayP
07-04 12:19 AM
Some ideas should be kept to ones self, saying in public "we work harder, longer" than American will turn public against us even more because they feel in an opposite way and it is an insult.
la_guy
06-02 02:39 PM
You can buy a ticket, which has a hard return date after six months. After they come here, you can again reschedule earlier or later. I know cathay pacific allows to reschedule any number of times for free...
