Raju
09-21 04:48 PM
Thanks! guys.....All in the same boat then....Screwed.....
Welcome Harish. We are in the same boat. The only way out of this mess is to influence some legislation and that needs lot of Money and Members. Help yourself by making more people signup and contributing money for the cause.
Welcome Harish. We are in the same boat. The only way out of this mess is to influence some legislation and that needs lot of Money and Members. Help yourself by making more people signup and contributing money for the cause.
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chandrajp
08-08 10:42 AM
Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
can you guys tell usually what kind of information is requested in EB3 cases.
I got an RFE about my company's latest Tax statement for the current year. When my attorney sent one, I got I140 approved immediately.
What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice
can you guys tell usually what kind of information is requested in EB3 cases.
I got an RFE about my company's latest Tax statement for the current year. When my attorney sent one, I got I140 approved immediately.
What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice
anilsal
07-22 06:16 PM
Can you please tell us why you need PCC from India? Is this for the 485?.
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stemcell
02-12 02:15 PM
Thanks for the advice. The problem is that my employer is really small and it will cost him money to do it all and if it doesn't work out he will have to eat up the cost. Here in New York it will be very expensive to advertise for the job and the chance of getting qualified replies are really high and of course this economy makes it even worse. Maybe I'm just a pesimist but I seriously have doubts it will work out.
puzon
There are a lot of folks who shell out on their own for the GC process.
Just weigh the risks vs benefits....
do u wanna spend money on your own and start working on your PERM and if PERM gets approved and so does I-140 good for you
OR
leaving the U.S for an year and then risking the lottery, and be further down the line for the priority dates when you come back and start over the process.
The way i look at it dont waste an opportunity, just apply and worse case u have a plan B
only my 0.02
puzon
There are a lot of folks who shell out on their own for the GC process.
Just weigh the risks vs benefits....
do u wanna spend money on your own and start working on your PERM and if PERM gets approved and so does I-140 good for you
OR
leaving the U.S for an year and then risking the lottery, and be further down the line for the priority dates when you come back and start over the process.
The way i look at it dont waste an opportunity, just apply and worse case u have a plan B
only my 0.02
more...
sidbee
01-05 10:59 PM
Following is the Employee Agreement
EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE�s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.
So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
What else he can do?
Does this Agreement is Legal? It is specifically referring to Green Card.
Why dont you send a complaint to DOL, I have seen Indians are really afraid to do so.
EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE�s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.
So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
What else he can do?
Does this Agreement is Legal? It is specifically referring to Green Card.
Why dont you send a complaint to DOL, I have seen Indians are really afraid to do so.
doggy
07-22 06:44 PM
How one can distinguish if I am paid via H1 or EAD ? both are linked to Same SSN and IRS go by SSN.
Am i missing something?
Update : Or do i need to fillin a new I9 form http://www.uscis.gov/files/form/i-9.pdf
You don't. Your employer files an I9, and there they mention your status. This is why they need to update using an I9 every time you get a H1 extension.
Am i missing something?
Update : Or do i need to fillin a new I9 form http://www.uscis.gov/files/form/i-9.pdf
You don't. Your employer files an I9, and there they mention your status. This is why they need to update using an I9 every time you get a H1 extension.
more...
swethanjit
07-12 11:29 AM
Hello All,
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008? If so, do I need any paystubs from company X. What can be the start date on the offer letter from company X.
Please help. Your guidance is truly appreciated.
Regards
Swetha.
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008? If so, do I need any paystubs from company X. What can be the start date on the offer letter from company X.
Please help. Your guidance is truly appreciated.
Regards
Swetha.
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illinois_alum
03-06 11:15 AM
Then again I presume it would involve paying a fee of $80 for the biometrics too each time you apply online. Could be avoided if we go paper based.
That does raise a small question here, the $1010 fee that we pay does that also exempt us on the biometric fee, so in essence AP/EAD/FP is all exempt irrespecitve the number of times we apply under the new fee structure?
I think the Biometrics fee should be covered....when we applied online...the biometrics fee was part of the entire AP fee...we didn't pay a separate fee. It doesnt make sense that just because you apply online, you have to go for biometrics but if you send a paper application, they would not require biometrics! What does the application method have to do with biometrics? I suggest you call up USCIS and confirm about the biometrics fee...but as far as I know...everything should be covered with the fee your wife paid during the AOS application..
That does raise a small question here, the $1010 fee that we pay does that also exempt us on the biometric fee, so in essence AP/EAD/FP is all exempt irrespecitve the number of times we apply under the new fee structure?
I think the Biometrics fee should be covered....when we applied online...the biometrics fee was part of the entire AP fee...we didn't pay a separate fee. It doesnt make sense that just because you apply online, you have to go for biometrics but if you send a paper application, they would not require biometrics! What does the application method have to do with biometrics? I suggest you call up USCIS and confirm about the biometrics fee...but as far as I know...everything should be covered with the fee your wife paid during the AOS application..
more...
k_usa
01-05 04:46 PM
Good to see on greatandhra website about IV
http://www.greatandhra.com/special/articles/green_wait.php
http://www.greatandhra.com/special/articles/green_wait.php
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pcs
07-19 02:48 PM
Translate it. Sign a letter of your compretence of English ? Hindi language & get it notarized. It is that easy. Do not waste a signle penny on translation. I have been doing it for ages.
I can give you the format on email.
Please contribute to IV instead
I can give you the format on email.
Please contribute to IV instead
more...
nat23
03-09 01:16 PM
If I think from company's point of view then what they are doing is that they are cutting down their liabilities. If they put you on LOA they would have to pay for insurance and other benefits. I dont know if its right to read too much between the lines.
I guess you'll have to wait till October to find out. However, if they apply for your H1 in April then I wouldnt worry because no company would just flush $3000 if they dont intend to hire you.
All the best
Cheers
Nat
I guess you'll have to wait till October to find out. However, if they apply for your H1 in April then I wouldnt worry because no company would just flush $3000 if they dont intend to hire you.
All the best
Cheers
Nat
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ragz4u
03-25 12:43 PM
As per the information I received yesterday afternoon, IV's fax provider had already sent about 21,000 faxes and another 17,000+ were in the queue waiting to be sent. I just hope the fax provider's computer/fax machine does not overheat and burn :D
About 385 people had already clicked for sending faxes. This means that each senator will get atleast 385 faxes from IV. Not bad at all.
At the same time it just means that less than 30% of the members faxed.
The rest of the members of IV, what would make you guys participate in such activities in future? Is clicking the mouse 4 times that difficult? We really need to know what will spur you guys to do something FOR YOURSELF? Will you move only if you are told by the government to pack your bags?
Please let us know what we can do to get you involved?
About 385 people had already clicked for sending faxes. This means that each senator will get atleast 385 faxes from IV. Not bad at all.
At the same time it just means that less than 30% of the members faxed.
The rest of the members of IV, what would make you guys participate in such activities in future? Is clicking the mouse 4 times that difficult? We really need to know what will spur you guys to do something FOR YOURSELF? Will you move only if you are told by the government to pack your bags?
Please let us know what we can do to get you involved?
more...
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Charles H. Kuck
12-16 02:47 PM
Generally speaking, appeals are rarely approved, and you will likley loose this appeal.
You can file a new PERM under a new position, and should do so if your position has changed.
You can file a new PERM under a new position, and should do so if your position has changed.
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GCBy3000
06-18 02:17 PM
To invoke, AC21 you should have filed 485 and passed 180 days.
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
Hi Gurus,
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Thanks in advance!
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
Hi Gurus,
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Thanks in advance!
more...
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cdeneo
09-21 06:24 PM
The text provided on the link below has the following section:
================
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
==========================================
Does this mean if I-140 is approved and I-485 petition has been pending less than 180 days, one can still change jobs using AC21?
Can someone please clarify? Thanks!
Look at this document. This should answer lot of questions regarding AC21
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks
Karthik
================
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
==========================================
Does this mean if I-140 is approved and I-485 petition has been pending less than 180 days, one can still change jobs using AC21?
Can someone please clarify? Thanks!
Look at this document. This should answer lot of questions regarding AC21
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks
Karthik
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nogc_noproblem
02-14 02:01 AM
I485 along with EAD and AP applications filed during July 02 for me and my family. Got EAD and AP. Used Company�s attorney to file my applications. I live in Michigan and all documents send to TSC. My I-485 is pending with TSC.
Renewed EAD and AP last year, again used the same attorney. That time they filed EAD and AP applications at NSC as per http://www.uscis.gov/files/form/I-765instr.pdf page 11
I am still on H1B and never used EAD and AP.
I am planning to file EAD and AP renewal now (paper filing), but this time on my own. My questions are:
How can I ensure that all communications from USCIS will be sent to me and not to the attorney? How the earlier G-28 forms we submitted will cease?
Do I need to submit my EAD and AP renewal applications to NSC? In other forums somebody suggested that it need to be filed at the service center where my I485 is pending.
Recently I had been to SSN office to get SSN# for my son (8 years). They refused to give SSN and asked me to get EAD for my son. When I questioned how EAD can be applied for a minor, they responded saying that I can apply EAD for minor and based on that EAD, SSN (not permitted to work) will be given to my son. Anybody got EAD for minors?
Thanks in advance for your help.
Renewed EAD and AP last year, again used the same attorney. That time they filed EAD and AP applications at NSC as per http://www.uscis.gov/files/form/I-765instr.pdf page 11
I am still on H1B and never used EAD and AP.
I am planning to file EAD and AP renewal now (paper filing), but this time on my own. My questions are:
How can I ensure that all communications from USCIS will be sent to me and not to the attorney? How the earlier G-28 forms we submitted will cease?
Do I need to submit my EAD and AP renewal applications to NSC? In other forums somebody suggested that it need to be filed at the service center where my I485 is pending.
Recently I had been to SSN office to get SSN# for my son (8 years). They refused to give SSN and asked me to get EAD for my son. When I questioned how EAD can be applied for a minor, they responded saying that I can apply EAD for minor and based on that EAD, SSN (not permitted to work) will be given to my son. Anybody got EAD for minors?
Thanks in advance for your help.
more...
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wellwishergc
04-05 08:01 AM
Thank you for starting this thread.
I still feel that we need a separate bill for legal immigration or some amendments to the existing law to ease our plight. Clubbing us together with issues of 'undocumented workers' have two possible outcomes:
1) The bill does not clear at all. If there is so much resistance to the bill in the senate, imagine the resistance that it will receive in the house and the various voting processes that it has to go through.
2) The bill clears along with the provisions for the 'undocumented workers'. The USCIS is understaffed to handle the rush of applications that will flow in due to the passage of the bill, making the backlogs much more time-consuming than what it is today. Even though there would be enough visa numbers available, the wait times will nullify any mileage that is gained for legal immigration through the bill.
I think, passage of Frist bill with no 'guest worker' provisions for 'undocumented workers' or a separate bill altogether dedicated to legal immigration provisions are our safest bets.
Any thoughts?
All,
I posted another thread asking folks to thank core members for their sacrifice and great leadership. But at the same time few members like to "excercise their
freedom of voice" & We should all agree that constructive debate & sometimes criticism brings in new ideas and better path.
We should define ground rules for ourselves which will lead to efficient use of core members time:
1) Ensure that we make every effort to find answer before asking question/suggestion/complaint.
2) Keep one long thread without duplication.
3) Understand that Core members have job/family , so they have limited bandwidth .. please exercise patience.
4) Maintain civil constructive discourse, Which has a referanceble information if You want to send a link to a lawmaker or any other authority/influencer/potential volunteer or help someone become a wellwisher.
5) Understand the limitations of IV/lobbyist , So help them to make things happen & don't expect gurantees.
6) Never use derogatory remarks, even against proven distractors.
7) Please put forward only genuine concerns clearly to avoid misunderstanding
8) Ignore "whiners", But fully respect people with genuine concern/objection.
9) Please put forward only thoughts relevent to scope of current forum/discussion..
.. eg. "Discussing the gramatical mistake of someone's message is not relavent to this forum .." .
10) Always keep in mind that this is public forum , so It is our responsibility to show ourselves collectively in positive light
by not only passionate for our cause , But also professional in our responses.
Please add other ground rules, So that we can have a good platform to discuss our issues and influence the working of IV to begin with & US congress eventually.Thisshould be good forum for members like me, who can't fully participate because of demanding schedule, others please participate other ways too.
I still feel that we need a separate bill for legal immigration or some amendments to the existing law to ease our plight. Clubbing us together with issues of 'undocumented workers' have two possible outcomes:
1) The bill does not clear at all. If there is so much resistance to the bill in the senate, imagine the resistance that it will receive in the house and the various voting processes that it has to go through.
2) The bill clears along with the provisions for the 'undocumented workers'. The USCIS is understaffed to handle the rush of applications that will flow in due to the passage of the bill, making the backlogs much more time-consuming than what it is today. Even though there would be enough visa numbers available, the wait times will nullify any mileage that is gained for legal immigration through the bill.
I think, passage of Frist bill with no 'guest worker' provisions for 'undocumented workers' or a separate bill altogether dedicated to legal immigration provisions are our safest bets.
Any thoughts?
All,
I posted another thread asking folks to thank core members for their sacrifice and great leadership. But at the same time few members like to "excercise their
freedom of voice" & We should all agree that constructive debate & sometimes criticism brings in new ideas and better path.
We should define ground rules for ourselves which will lead to efficient use of core members time:
1) Ensure that we make every effort to find answer before asking question/suggestion/complaint.
2) Keep one long thread without duplication.
3) Understand that Core members have job/family , so they have limited bandwidth .. please exercise patience.
4) Maintain civil constructive discourse, Which has a referanceble information if You want to send a link to a lawmaker or any other authority/influencer/potential volunteer or help someone become a wellwisher.
5) Understand the limitations of IV/lobbyist , So help them to make things happen & don't expect gurantees.
6) Never use derogatory remarks, even against proven distractors.
7) Please put forward only genuine concerns clearly to avoid misunderstanding
8) Ignore "whiners", But fully respect people with genuine concern/objection.
9) Please put forward only thoughts relevent to scope of current forum/discussion..
.. eg. "Discussing the gramatical mistake of someone's message is not relavent to this forum .." .
10) Always keep in mind that this is public forum , so It is our responsibility to show ourselves collectively in positive light
by not only passionate for our cause , But also professional in our responses.
Please add other ground rules, So that we can have a good platform to discuss our issues and influence the working of IV to begin with & US congress eventually.Thisshould be good forum for members like me, who can't fully participate because of demanding schedule, others please participate other ways too.
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angelic
February 26th, 2004, 11:13 PM
Ok, I did it..but now I have to go whip myself for exibiting the sin of pride :(
Really..it's a good idea. My last boss had me bring in a photo every time I worked to be critiqued. I learned a lot.
Really..it's a good idea. My last boss had me bring in a photo every time I worked to be critiqued. I learned a lot.
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lostinbeta
10-21 03:57 AM
You have quite the interesting life rev.
sapota
10-18 05:59 PM
I have got EAD and AP.I think i would not have got them if the 140 is not filled.
I also know the date on which he filled. but employer is not sharing the receipt because there is no mandate for him to do so.
I wanted to know is there a way out.
Did you try calling USCIS customer service number? You just have to get lucky. Some customer service people are nice & some are just plain rude. (I have had both experiences just today )
I also know the date on which he filled. but employer is not sharing the receipt because there is no mandate for him to do so.
I wanted to know is there a way out.
Did you try calling USCIS customer service number? You just have to get lucky. Some customer service people are nice & some are just plain rude. (I have had both experiences just today )
helmet
01-09 11:21 AM
yes you need to get transit visa for France.
You can get passport extended here in NY the same day.
You can get passport extended here in NY the same day.
