NIW
08-31 12:02 PM
Just take it easy on this guy. He is a hard nosed, narcistic, self proclaimed immigration reforming CNN anchor who made millions just by talking and writing books on Immigration issues. There is some truth in his talk show but most of it is fabricated lie exaggerated by the media.
I really pity him because he has to come up with some immigration news everyday to save his job unlike Anderson Cooper or Wolf Blitz.
But as long as the immigration community, who has time and again proved its extra ordinary skills by getting Nobels, Pulitzers, Outstanding physician awards, humanitarian awards, he can't change a bit of law. The corporate america wants brain and skills, and we have them. We will prevail......
Just change the TV channel
I really pity him because he has to come up with some immigration news everyday to save his job unlike Anderson Cooper or Wolf Blitz.
But as long as the immigration community, who has time and again proved its extra ordinary skills by getting Nobels, Pulitzers, Outstanding physician awards, humanitarian awards, he can't change a bit of law. The corporate america wants brain and skills, and we have them. We will prevail......
Just change the TV channel
indyanguy
04-19 11:27 PM
bump
kurtz_wolfgang
08-15 04:23 PM
First of all Thanks to GCGreen and WantGC. I really am grateful to both of you. Without any know-how I had to bite dust from others.
I have the copy of my labor and 140. So I am looking for a job that is similar to those responsibilities and have the same SOC code. Just that the tools would differ. But what I understood is that if the tools change it doesn't create any problem. I just need to take care of the SOC code and responsibilities.
Of course I will take help from a lawyer, but I just wanted that initial boost to start looking.
I have the copy of my labor and 140. So I am looking for a job that is similar to those responsibilities and have the same SOC code. Just that the tools would differ. But what I understood is that if the tools change it doesn't create any problem. I just need to take care of the SOC code and responsibilities.
Of course I will take help from a lawyer, but I just wanted that initial boost to start looking.
indyanguy
11-14 10:38 AM
1. Is this because B is the "future" employer? In the usual scenario, if B were the current employer who responds to the RFE, can I switch to C within 6 months of joining B?
2. Also, does USCIS ask for us to prove "Ability to Pay" from the employer who responds to any I485 RFE?
At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.
2. Also, does USCIS ask for us to prove "Ability to Pay" from the employer who responds to any I485 RFE?
At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.
more...
bhasky25
10-11 12:45 PM
Hello guys,
I need a clarification on the process. Here is my scenario
1. PD : Feb 2004 EB3 India
2. 485 : Filed during july 2007
3. 140 : Approved on jan 2009 --> Revoked by my previous company on 12/23/2009
4. AC21 : Used AC21 to change jobs in Feb 2009. Transferred job using H1B tranfer and got it for 3 years(valid until Jan 2012). Changed jobs after 500 days of applying 485.
5. EAD and Ap is not valid(did not renew it as I chose to maintain H1b). I let it expire in 2008.
6. The new company would not file for EB2 as my current job description does not qualify for EB2. They are willing to refile EB3 petition. I was not interested in doing it.
My question is:
If I want to get my H1b renewed again @ Jan 2012, it is possible to get it renewed for 3 years by using my previous 140 approval even though it is revoked by my previous employer ?? If that is not possible, what are my options to maintain my H1B.
Appreciate your insight.
I need a clarification on the process. Here is my scenario
1. PD : Feb 2004 EB3 India
2. 485 : Filed during july 2007
3. 140 : Approved on jan 2009 --> Revoked by my previous company on 12/23/2009
4. AC21 : Used AC21 to change jobs in Feb 2009. Transferred job using H1B tranfer and got it for 3 years(valid until Jan 2012). Changed jobs after 500 days of applying 485.
5. EAD and Ap is not valid(did not renew it as I chose to maintain H1b). I let it expire in 2008.
6. The new company would not file for EB2 as my current job description does not qualify for EB2. They are willing to refile EB3 petition. I was not interested in doing it.
My question is:
If I want to get my H1b renewed again @ Jan 2012, it is possible to get it renewed for 3 years by using my previous 140 approval even though it is revoked by my previous employer ?? If that is not possible, what are my options to maintain my H1B.
Appreciate your insight.
ImmigrationAnswerMan
06-29 10:35 PM
The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
more...
meragcdedobhai
10-27 12:39 PM
to Motivated...
It seems like sheep when we are in touble to we are running helter skelter.
It seems like sheep when we are in touble to we are running helter skelter.
gchopes
07-30 08:10 PM
We may cross 2001 and enter into begining 2002.
more...
murali77
06-16 01:39 AM
Thanks for the reply.
How difficult is to have name changed in SSN ?
and how long does it take.
Thanks.
Murali
How difficult is to have name changed in SSN ?
and how long does it take.
Thanks.
Murali
amitpan007
06-29 03:21 PM
Paying little extra for few months is better than remaining uninsured. Check with your employer and health insurance if there is a pre-existing condition clause for maternity. Usually, there is none and in that case you can take a cheaper individual plan for now to cover for office visits (and pay discounted rates for those as most of them will count against deductible in any decently priced plan you choose) and later shift to employer plan as delivery time gets closer. But one thing to keep in mind is that usually depending on employer size and health insurance company you choose, declaring current status as pregnant may add more premium later.
more...
Munna Bhai
07-12 09:57 AM
I don't believe so.
Only H1 transfers have no cap, apart from non-profits.......
Isn't?
What you said is wrong, if you are in H1b, you can switch to H4 and come back to H1 without cap but I need more input. Like if I am on H1b based on I-140 and if my spouse is on H1b non-profit. how it works!!
Only H1 transfers have no cap, apart from non-profits.......
Isn't?
What you said is wrong, if you are in H1b, you can switch to H4 and come back to H1 without cap but I need more input. Like if I am on H1b based on I-140 and if my spouse is on H1b non-profit. how it works!!
deepuv
09-16 12:30 PM
As I was checking these forums and since one of my colleague received an RFE asking the company's ability to pay the proffered wage for all the 140 filed by the company I wonder if you can enlighten me with any idea on how to respond to the request? and how severely would it effect the other's in the same process with in the company.
Thank you for help in advance.
Thank you for help in advance.
more...
gc28262
01-16 04:45 PM
AC21: if my new employer is open to do either EAD or H1, what should I prefer? I want to take the least risky route.
If employer offers H1B transfer, use that and also invoke AC21.
If employer offers H1B transfer, use that and also invoke AC21.
waitnwatch
05-08 11:27 PM
no offence taken njboy, i realize that you were honestly trying to help.... i was just trying to alert you that people could be sensitive to such things and during these times when we need to work together it just helps that extra bit to word our emails with care.
good luck and hope we can collectively work ourselves out of this immigration mess.
good luck and hope we can collectively work ourselves out of this immigration mess.
more...
deepakjain
11-16 11:41 AM
I have a question about VISA stamping.
I had a valid H1B approval till 9th October 2010. I applied for I485 and I had valid Advance Parole expiring Sept 2010. My current visa stamping is expired. I am planning to go to India on vacation and returning in Dec 2009.
My question is
1. If I use my Advance Parole at port of entry to US with out getting my visa stamped in India, will I loose my H1B status?
2. If I don't loose my H1B status, I am planning to transfer my H1B in Feb 2010. Will there be any problem in H1B transfer.
Thanks,
Praveen.
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.
I had a valid H1B approval till 9th October 2010. I applied for I485 and I had valid Advance Parole expiring Sept 2010. My current visa stamping is expired. I am planning to go to India on vacation and returning in Dec 2009.
My question is
1. If I use my Advance Parole at port of entry to US with out getting my visa stamped in India, will I loose my H1B status?
2. If I don't loose my H1B status, I am planning to transfer my H1B in Feb 2010. Will there be any problem in H1B transfer.
Thanks,
Praveen.
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.
eb3India
05-22 09:22 AM
Admin,
I do understand core members have fulltime job I mentioned earlier I volunteer to do some research in this subject.
However I don't want re-invent the wheel and I was expecting a very simple answers and pointers on the subject
for example, if someone had spent time on this, they could simply answer yes and provide some links etc where I get more answers.
as I write I am googling on this subject and will provide my findings
between, guys we are all in a same boat we should work collective to get out of this mess
I do understand core members have fulltime job I mentioned earlier I volunteer to do some research in this subject.
However I don't want re-invent the wheel and I was expecting a very simple answers and pointers on the subject
for example, if someone had spent time on this, they could simply answer yes and provide some links etc where I get more answers.
as I write I am googling on this subject and will provide my findings
between, guys we are all in a same boat we should work collective to get out of this mess
more...
fide_champ
09-16 04:33 PM
here is an article from murthy about unemployment benefits:
MurthyDotCom : Unemployment Benefits and Impact on U.S. Immigration (http://www.murthy.com/news/n_unembe.html)
MurthyDotCom : Unemployment Benefits and Impact on U.S. Immigration (http://www.murthy.com/news/n_unembe.html)
boreal
08-29 01:54 PM
I think there are still some visas left for EB2 I/C but they want to distribute them judiciously.
Due to the random processing, seveal people had earlier complained to USCIS and Ombudsman. This may have probably resulted in drawing a line that would mandate following a RD by IOs.
On the other hand DOS has still not made any official statement as the visa may be available or would be available towards the end of month.
Thus all those people whose RD is earlier than the published RD and PD is within the window should remain hopeful.
My theory is that USCIS could not handle the load of all the calls from us to CSRs, the infopass appointments, the SRs being opened...It was pretty silly of them to have moved the dates to August 10 (NSC) when there were thousands of applications with the RD of July 2. Obviously, that resulted in tonnes of SR/Infopass requests. Makes me think there is no one unit within USCIS that can do _some_ analysis regarding the consequences of their actions. This organization exhibits no accountability to anyone, i guess only action from Congress can make it be a little more responsible, but that doesnt seem a possibility as Congress doesnt really seem to have any incentive taking that route. (Even if all 300 of active IV folks cry out loud!)
Due to the random processing, seveal people had earlier complained to USCIS and Ombudsman. This may have probably resulted in drawing a line that would mandate following a RD by IOs.
On the other hand DOS has still not made any official statement as the visa may be available or would be available towards the end of month.
Thus all those people whose RD is earlier than the published RD and PD is within the window should remain hopeful.
My theory is that USCIS could not handle the load of all the calls from us to CSRs, the infopass appointments, the SRs being opened...It was pretty silly of them to have moved the dates to August 10 (NSC) when there were thousands of applications with the RD of July 2. Obviously, that resulted in tonnes of SR/Infopass requests. Makes me think there is no one unit within USCIS that can do _some_ analysis regarding the consequences of their actions. This organization exhibits no accountability to anyone, i guess only action from Congress can make it be a little more responsible, but that doesnt seem a possibility as Congress doesnt really seem to have any incentive taking that route. (Even if all 300 of active IV folks cry out loud!)
rb_248
03-28 08:37 AM
I think it will stay where it is now for this quarter.....just my guess. Then for the last quarter, we may see some advancement.....again this is my guess.
crystal
04-10 02:30 PM
I am not sure the following question in Profile is still relavent. For new members it does not make any sense.
"Would you attend the rally in DC on Sept 18th 2007"
"Would you attend the rally in DC on Sept 18th 2007"
gcisadawg
07-31 11:50 AM
lol, but you have got to specify the exact date and time of your PD coz' the pace it moves at, ever second matters.
They did mention in one of the other threads that it will touch 2003 for ROW so I do not see any light at the end of the tunnel for EB3 I folks.
Just for fun, let me predict with all seriousness.
On Oct 2009 Visa Bulletin: EB3-I Cutoff date Dec 15th 2000
On Oct 2010 Visa Bulletin: EB3-I Cutoff date June 1st 2001
I'm hoping to see a movement of atleast 6 months for EB3-I during Fiscal year 2010.
They did mention in one of the other threads that it will touch 2003 for ROW so I do not see any light at the end of the tunnel for EB3 I folks.
Just for fun, let me predict with all seriousness.
On Oct 2009 Visa Bulletin: EB3-I Cutoff date Dec 15th 2000
On Oct 2010 Visa Bulletin: EB3-I Cutoff date June 1st 2001
I'm hoping to see a movement of atleast 6 months for EB3-I during Fiscal year 2010.
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