pasupuleti
01-31 12:21 PM
I work for a good consulting company, completed 3 years in that company.
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.
Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)
Since it is a consulting company my pay is less unless i go full-time.
I started thinking about going full-time with other companies and got offers from two companies.
Now my dilemma is that if i switch companies, my current employer(consulting) might revoke my I140 and use it for labor substitution. I talked to different lawyers about validity of the H1B extension based on I140 approval. All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.
I decided to take my chances and take one of the new offers. Worse case, i will go back to india. Wait may be that be the BEST case, i could work for a startup:)
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pd_recapturing
08-05 10:31 PM
One of my friends AOS got rejected just because his attorney rescheduled his interview. Somehow, USCIS local office did not acknowledge his request for interview reschedule and they sent a rejection letter saying that, he did not appear for the interview so they are rejecting his application. So the bottomline is 1) Try your best to not to reschedule it 2) If you have to, make sure that USCIS acknowledges your application to reschedule it.
we_can
03-07 02:02 PM
Pankaj, I have sent you an email.
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pbojja
05-22 11:46 AM
Why not let people apply 485/140 concurrently even if their PDs are not current?.
All of us who were stuck know what a relief it is to have EAD in hand. Also non-IT spouses can work if they get their EAD.
Not that everybody would listen but I would say that it will be good if they allow concurrent filing even if the PD is not current and process the cases when PD becomes current.
I Agree with you , But again if they allow concurent filling ROW will get preference over us as they will be current most of the time .
I think it would be best if they allow us to apply for 485 regardless of priority date once 140 is approved .
140 may take a year but atleast you know you can file 485 in a year , with priority date rule you never know when you can apply
All of us who were stuck know what a relief it is to have EAD in hand. Also non-IT spouses can work if they get their EAD.
Not that everybody would listen but I would say that it will be good if they allow concurrent filing even if the PD is not current and process the cases when PD becomes current.
I Agree with you , But again if they allow concurent filling ROW will get preference over us as they will be current most of the time .
I think it would be best if they allow us to apply for 485 regardless of priority date once 140 is approved .
140 may take a year but atleast you know you can file 485 in a year , with priority date rule you never know when you can apply
more...
gxr
10-02 09:14 PM
sush - What's the LUD on your 140 ?
pnara2
11-30 08:51 PM
I have been reading about CIR since last 4 yrs and so far no action has been taken on this topic. Obama administration too is just good at promises! There is virtually no messiah who can help legal immigrants! Time is the only saviour of legal immigrants! So the mantra should be "wait, wait and wait..........."
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watertown
03-04 11:02 AM
Gurus,
I'm in Boston area and would like to know your opinion if I should file WOM!!!!
My case was filed in Aug, 2006 and I-485 was transferred to local office for interview on May 22, 2007. The interview went well and the lady officer indicated that I should get my card in 1 month!! That day was so nice!!!
Anyway, the reason for interview was I guess the previous I-485 submitted by my ex-wife after our seperation to put me in trouble in 2001 but I never took any benefit for that and I hand-delivered a letter to the IO when they asked me to come for interview in 2002. I explained that it should have been abandoned coz I sent letter even at the time for finger-print notice! Long story short, my ex and I had fight and I called the cop who took both of us to the custody and in the morning let us go. I didn't see the judge and.
So on this last I-485 (EB-2 ROW) I answered the question NO of if I had ever filled any immigration petition and NO to if I had ever been arrested.
Last year I was getting anxious when the card didn't arrive and Infopass told me that I was stuck in FBI-name check! I asked the congressman Ed Markey and his office told that my name check was cleared in Dec, 2006!!! I took another Infopass and again IO told me about Namecheck but when I told him about the info provided by Congressman, he then told me that it was going thru additional review!!
Now , guys....hsall I file a WOM? Whats your take?
I'm in Boston area and would like to know your opinion if I should file WOM!!!!
My case was filed in Aug, 2006 and I-485 was transferred to local office for interview on May 22, 2007. The interview went well and the lady officer indicated that I should get my card in 1 month!! That day was so nice!!!
Anyway, the reason for interview was I guess the previous I-485 submitted by my ex-wife after our seperation to put me in trouble in 2001 but I never took any benefit for that and I hand-delivered a letter to the IO when they asked me to come for interview in 2002. I explained that it should have been abandoned coz I sent letter even at the time for finger-print notice! Long story short, my ex and I had fight and I called the cop who took both of us to the custody and in the morning let us go. I didn't see the judge and.
So on this last I-485 (EB-2 ROW) I answered the question NO of if I had ever filled any immigration petition and NO to if I had ever been arrested.
Last year I was getting anxious when the card didn't arrive and Infopass told me that I was stuck in FBI-name check! I asked the congressman Ed Markey and his office told that my name check was cleared in Dec, 2006!!! I took another Infopass and again IO told me about Namecheck but when I told him about the info provided by Congressman, he then told me that it was going thru additional review!!
Now , guys....hsall I file a WOM? Whats your take?
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hiralal
09-30 10:11 PM
Before you get all mushy about AILA and start bashing USCIS take deep look and see if AILA is really acting as a friend or a adversary in friends disguise?
atleast they are doing something. I have not recd a RFE but I can understand the tension that a family undergoes because of RFE ..I don't understand your problems with AILA though ?? less RFE's mean less lawyers fees and it is high time that someone talks about the unprofessional USCIS
atleast they are doing something. I have not recd a RFE but I can understand the tension that a family undergoes because of RFE ..I don't understand your problems with AILA though ?? less RFE's mean less lawyers fees and it is high time that someone talks about the unprofessional USCIS
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md_alien
06-22 11:55 AM
Skin test is mandatory unless you provide proof to the USCIS civil surgeon that you have done skin test in the past and the results were "POSITIVE"
As per my doc, if one has a "POSITIVE" skin reaction to PPD test, they should never take the skin test again as there is a danger of severe inflammation.
Another point to note is that if the reaction to PPD is over 10mm (even if X-Ray is negative) USCIS might want documentation to prove that you have been evaluated by the State's Public Health Dept and undergoing treatment. This is my personal experience as I had 16mm reaction to PPD. I have a copy of the RFE and can upload a scan if it benefits the community in general.
In US, a positive skin test result is interpreted as the person having had exposure to Tuberculin bacteria in the past which are lying dorman in his/her lungs. They will want to start a 4 mnth antibiotic treatment to eliminate the dormant bacteria. I'm currently on the course, 2 pills a day, although I had negative X-Ray. :mad: :mad: :mad:
As per my doc, if one has a "POSITIVE" skin reaction to PPD test, they should never take the skin test again as there is a danger of severe inflammation.
Another point to note is that if the reaction to PPD is over 10mm (even if X-Ray is negative) USCIS might want documentation to prove that you have been evaluated by the State's Public Health Dept and undergoing treatment. This is my personal experience as I had 16mm reaction to PPD. I have a copy of the RFE and can upload a scan if it benefits the community in general.
In US, a positive skin test result is interpreted as the person having had exposure to Tuberculin bacteria in the past which are lying dorman in his/her lungs. They will want to start a 4 mnth antibiotic treatment to eliminate the dormant bacteria. I'm currently on the course, 2 pills a day, although I had negative X-Ray. :mad: :mad: :mad:
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phillyag
07-20 02:01 PM
Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
2. will I get in trouble if I do not have EAD and my H1 expires?
3. Can I move to new employer using AC21 without EAD?
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
2. will I get in trouble if I do not have EAD and my H1 expires?
3. Can I move to new employer using AC21 without EAD?
more...
eyeopeners05@yahoo.com
06-02 03:00 PM
thanks guys...
what other alternatives do i have... this other firm is ready to take me if do not ask them to do a h1transfer.
One option is to do a h1 thru one of the desi employers and then join as a consultant.
Are there any other options ?
what other alternatives do i have... this other firm is ready to take me if do not ask them to do a h1transfer.
One option is to do a h1 thru one of the desi employers and then join as a consultant.
Are there any other options ?
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ita
11-20 04:47 PM
I got only one AP paper. Is it ok to travel to India?
From what I gathered so far I guess on your way back officer will keep the AP you have.
Try to take copies of the AP and request the offcier if he would keep the copy and give you back the stamped original.
In that case you can use the stamped original for your future trips.
Otherwise you will have to apply for more AP's if your are planning to go abroad again.
This is what I gathered so far.Not sure if I'm right though .
From what I gathered so far I guess on your way back officer will keep the AP you have.
Try to take copies of the AP and request the offcier if he would keep the copy and give you back the stamped original.
In that case you can use the stamped original for your future trips.
Otherwise you will have to apply for more AP's if your are planning to go abroad again.
This is what I gathered so far.Not sure if I'm right though .
more...
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H1B-GC
02-01 08:30 AM
Finally after nine years in US my Green Card is approved.
On this very day in 2001 i was in flight to USA
1) Came to US on Feb 1st 2001
2) Changed employer in 2002 and GC applied in 2003 in EB3
3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
4) Application with the DOL sent to the BEC
5) DOL approved the petition in Jan 2007
6) Applied I140 in April 2007
7) Applied I485 in July 2007
8) FP completed and EAD received in September 2007
9) I140 RFE Aug 2008
10) I140 denied in March 2009 - Reason is Too may petitions from the employer
11) Appeal sent in April 2009
12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
13) New I140 filed in Sep 2009
14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
15) Appeal withdrawn in October 2009
16) New I140 approved in Nov 2009
17) FP notices received in November for I485
18) FP done in December 2009
19) Infopass appointment in Jan 2010. Background check is completed
20) Received CPO emails for both the cases on Jan 21st 2010
21) Welcome notice mailed on Jan 22nd 2010
22) Welcome Notice and Cards received on Jan 30th.
22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.
For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)
I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.
Thanks
Congrats Buddy!!
On this very day in 2001 i was in flight to USA
1) Came to US on Feb 1st 2001
2) Changed employer in 2002 and GC applied in 2003 in EB3
3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
4) Application with the DOL sent to the BEC
5) DOL approved the petition in Jan 2007
6) Applied I140 in April 2007
7) Applied I485 in July 2007
8) FP completed and EAD received in September 2007
9) I140 RFE Aug 2008
10) I140 denied in March 2009 - Reason is Too may petitions from the employer
11) Appeal sent in April 2009
12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
13) New I140 filed in Sep 2009
14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
15) Appeal withdrawn in October 2009
16) New I140 approved in Nov 2009
17) FP notices received in November for I485
18) FP done in December 2009
19) Infopass appointment in Jan 2010. Background check is completed
20) Received CPO emails for both the cases on Jan 21st 2010
21) Welcome notice mailed on Jan 22nd 2010
22) Welcome Notice and Cards received on Jan 30th.
22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.
For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)
I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.
Thanks
Congrats Buddy!!
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saketkapur
03-22 12:12 PM
This is just an opinion and things can be different from case to case.......so please do not take this as legal advice.
As long as one's employment is legal and you are following all the rules regarding employment i.e. in case of an RFE you will be satisfying the rules of AC 21(same or similar job+ salary requirements:even though filing it is not mandatory and should not affect AP travel) you "should(not necessarily would)" be fine.
Do carry all your documents especially "employer verification" documents, paystubs etc to verify your legal status.
No one can predict that how a particular POE will respond so their is no silver bullet answer. All one can say is that if your employment is legal under the current immigration laws then you should be fine....
Please talk to a reputed immigration attorney to get clarifications regarding your specific case.
As long as one's employment is legal and you are following all the rules regarding employment i.e. in case of an RFE you will be satisfying the rules of AC 21(same or similar job+ salary requirements:even though filing it is not mandatory and should not affect AP travel) you "should(not necessarily would)" be fine.
Do carry all your documents especially "employer verification" documents, paystubs etc to verify your legal status.
No one can predict that how a particular POE will respond so their is no silver bullet answer. All one can say is that if your employment is legal under the current immigration laws then you should be fine....
Please talk to a reputed immigration attorney to get clarifications regarding your specific case.
more...
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asdqwe2k
01-21 05:52 PM
http://news.yahoo.com/s/nm/20070121/pl_nm/usa_immigration_dc
U.S. companies are also clamoring for more H1B visas to allow foreign software engineers and other skilled workers into the country.
The 65,000 visas allotted for 2007 were taken by the end of May last year, months before the end of the fiscal year in September, said Jack Krumholtz, the head of Microsoft Corp.'s government affairs office. It is also difficult to get permanent U.S. residency for foreign workers who would like to stay, he said.
"This is becoming for high-tech companies a huge retention issue," Krumholtz said. "We will start to see highly valued tech employees emigrate back to their home countries."
U.S. companies are also clamoring for more H1B visas to allow foreign software engineers and other skilled workers into the country.
The 65,000 visas allotted for 2007 were taken by the end of May last year, months before the end of the fiscal year in September, said Jack Krumholtz, the head of Microsoft Corp.'s government affairs office. It is also difficult to get permanent U.S. residency for foreign workers who would like to stay, he said.
"This is becoming for high-tech companies a huge retention issue," Krumholtz said. "We will start to see highly valued tech employees emigrate back to their home countries."
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girishvar
07-13 08:14 PM
Hello all, If you are from Texas please reply to this thread to get together and activate our state chapter. Any ideas are welcome. So please post to this thread and see how we can contribute/Volunteer to make IV stronger.
Thank you
I am in San Antonio, Texas
Thank you
I am in San Antonio, Texas
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binadh
10-06 09:40 AM
Your's is crossed 15 month stage, so you can ask your lawyer to enquire about it...
Hope fully DOL will approve yours soon...
Good luck
Is there anything specific that can be done after 15 months? I was justing waiting for someone to look at my case at DOL. Can you please shed some more light on this?
I tried to find information on the web, but I could not find anything anything particular to a case pending for 15 months or more.
Please share your understanding with us all. I'm sure there are a lot of people who are in the similar situation.
Thanks.
Hope fully DOL will approve yours soon...
Good luck
Is there anything specific that can be done after 15 months? I was justing waiting for someone to look at my case at DOL. Can you please shed some more light on this?
I tried to find information on the web, but I could not find anything anything particular to a case pending for 15 months or more.
Please share your understanding with us all. I'm sure there are a lot of people who are in the similar situation.
Thanks.
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coopheal
02-11 11:35 AM
Thank you for your input Pappu and we appreciate your diligence in the efforts to IV. However the question is: will this bill have the potential to move forward?
As I last recall, Zoe Lofgreen had tried a similar bill 3 years ago (2008) that would have eliminated visa backlog, but we all know that bill went no where.
At this point in time, does this bill have the potential to bring aboard the change we all are seeking for so long? I hope it does. As this journey has been quiet long and tedious.
Thank you
There are reasons why IV take certain bills and do not focus on others. The main reason being chances of it getting passed in way or form which will help our situations.
Even then there are no guarantees that any bill will pass.
As I last recall, Zoe Lofgreen had tried a similar bill 3 years ago (2008) that would have eliminated visa backlog, but we all know that bill went no where.
At this point in time, does this bill have the potential to bring aboard the change we all are seeking for so long? I hope it does. As this journey has been quiet long and tedious.
Thank you
There are reasons why IV take certain bills and do not focus on others. The main reason being chances of it getting passed in way or form which will help our situations.
Even then there are no guarantees that any bill will pass.
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asdqwe2k
01-21 05:52 PM
http://news.yahoo.com/s/nm/20070121/pl_nm/usa_immigration_dc
U.S. companies are also clamoring for more H1B visas to allow foreign software engineers and other skilled workers into the country.
The 65,000 visas allotted for 2007 were taken by the end of May last year, months before the end of the fiscal year in September, said Jack Krumholtz, the head of Microsoft Corp.'s government affairs office. It is also difficult to get permanent U.S. residency for foreign workers who would like to stay, he said.
"This is becoming for high-tech companies a huge retention issue," Krumholtz said. "We will start to see highly valued tech employees emigrate back to their home countries."
U.S. companies are also clamoring for more H1B visas to allow foreign software engineers and other skilled workers into the country.
The 65,000 visas allotted for 2007 were taken by the end of May last year, months before the end of the fiscal year in September, said Jack Krumholtz, the head of Microsoft Corp.'s government affairs office. It is also difficult to get permanent U.S. residency for foreign workers who would like to stay, he said.
"This is becoming for high-tech companies a huge retention issue," Krumholtz said. "We will start to see highly valued tech employees emigrate back to their home countries."
hopefulgc
12-08 01:58 PM
my cousin (think immi.com handle gcapnekbohi ) got his masters 1.5 years ago from university of phoenix .. through online program.
Soon after he tried to interfile his eb3 app for eb2 and he is currently appealing his NOID... reason 'inequality of credit weights from online masters since they are not transferable'.
Anybody know of anyone who has successfully gotten through to eb2 using an online masters? please pm me..thanks in advance.
You should qualify for EB2. It doesn't matter even if it's online.
Soon after he tried to interfile his eb3 app for eb2 and he is currently appealing his NOID... reason 'inequality of credit weights from online masters since they are not transferable'.
Anybody know of anyone who has successfully gotten through to eb2 using an online masters? please pm me..thanks in advance.
You should qualify for EB2. It doesn't matter even if it's online.
jchan
05-05 09:59 AM
If this happens it will be a bad news as given environment I 140 approval takes years . Very soon there will be a backlog in I 140 stage.. They are just swaping backlog from one stage to another..
So how can we influence them through this 'public commenting' period? Would that make any change at all?
So how can we influence them through this 'public commenting' period? Would that make any change at all?
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