rajenk
01-24 03:19 PM
All,
I appreciate all your inputs on the below mentioned scenario.
1. Company A filed I-140 and approved.
2. Got H1B extension for 3 years (8,9,10th years).
3. Applied I-485 and it is past 180 days.
4. Now Company B hires using H1B and invoking AC21
Stage 4 in detail:
a. Filed H1B transfer and got approval.
b. Informed USCIS about job change with AC21 portability.
c. Submitted new employment verification letter from company B
Now coming to the questions.
1. Would company B be able to request for another 3 year on H1B or only the remaining period will be approved by USCIS?
2. Say now employer A revokes I-140, what will be the status on the approved H1B?
3. Assuming H1B is valid still ( even after revoking I-140), after 10th year will the beneficiary be able to extend H1B? If so based on what pending application the H1B can be extended?
I appreciate all your inputs on the below mentioned scenario.
1. Company A filed I-140 and approved.
2. Got H1B extension for 3 years (8,9,10th years).
3. Applied I-485 and it is past 180 days.
4. Now Company B hires using H1B and invoking AC21
Stage 4 in detail:
a. Filed H1B transfer and got approval.
b. Informed USCIS about job change with AC21 portability.
c. Submitted new employment verification letter from company B
Now coming to the questions.
1. Would company B be able to request for another 3 year on H1B or only the remaining period will be approved by USCIS?
2. Say now employer A revokes I-140, what will be the status on the approved H1B?
3. Assuming H1B is valid still ( even after revoking I-140), after 10th year will the beneficiary be able to extend H1B? If so based on what pending application the H1B can be extended?
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raghav235
08-15 11:11 AM
EAD Paper Filed (EB3-India, PD Nov 2006 : For Me and My spouse)
Documents Mailed: July 01, 2008
Receipt Notice: July 03, 2008
LUD: July 08, 2008
Current Status: My case was approved and card production ordered on August 14, 2008 (got the email from CRIS) and still waiting for my spouse's EAD approval.
Thanks
Raghav235
Documents Mailed: July 01, 2008
Receipt Notice: July 03, 2008
LUD: July 08, 2008
Current Status: My case was approved and card production ordered on August 14, 2008 (got the email from CRIS) and still waiting for my spouse's EAD approval.
Thanks
Raghav235
gene77
02-04 11:52 PM
I landed in June 2006 in Toronto. If anybody needs information please feel free to ask.
What documents, applications need to be filled out after we land in Canada; in-terms of applying for the Resident Card, Social Insurance Number etc. I don't even know what else needs to be filled out.
Can we fill these applications on-line or must be fill them out only after we have landed physically in Canada?
After landing, how long before we can come back to the USA for resuming our job?
Thanks Lasantha.
What documents, applications need to be filled out after we land in Canada; in-terms of applying for the Resident Card, Social Insurance Number etc. I don't even know what else needs to be filled out.
Can we fill these applications on-line or must be fill them out only after we have landed physically in Canada?
After landing, how long before we can come back to the USA for resuming our job?
Thanks Lasantha.
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Dhundhun
12-17 02:24 PM
1. Good health (which we often take for granted)
Wish list - against stress
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
Sold house in India to meet expenses here.
5. Good work experience (this is transferable and more or less ensures a decent future)
At the same level, same job for years and years
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
What is this in USA?
This is personal experience, people may have different view.
Wish list - against stress
4. Good savings (all said and done, your bank balance is very important no matter where you stay in the world)
Sold house in India to meet expenses here.
5. Good work experience (this is transferable and more or less ensures a decent future)
At the same level, same job for years and years
6. Loving/caring family/friends (who will always love you the same and couldn't care less about GC or citizenship)
What is this in USA?
This is personal experience, people may have different view.
more...
esh06
09-21 06:52 PM
Application sent on aug 8th.Checks got cashed on sep 18th.
Beemar
09-20 09:31 PM
Dionysus,
Mine was a EB2 India, Feb 2006 PD. I was hopeful in the month of august, but then I had lost hope because everybody was saying visa numbers got over. However, surprisingly they approved the case in September. Looks like CIS has many aces ups its sleeve. It never fails to surprise us.
Also, I received only one soft LUD on my application, then suddenly it is card production ordered.. wow.
Anyway, it FREEEEEEEEEEEEDOM...............
Congrats buddy. Can you give some more info about your case please? Like the PD etc.
Mine was a EB2 India, Feb 2006 PD. I was hopeful in the month of august, but then I had lost hope because everybody was saying visa numbers got over. However, surprisingly they approved the case in September. Looks like CIS has many aces ups its sleeve. It never fails to surprise us.
Also, I received only one soft LUD on my application, then suddenly it is card production ordered.. wow.
Anyway, it FREEEEEEEEEEEEDOM...............
Congrats buddy. Can you give some more info about your case please? Like the PD etc.
more...
rsharma
09-24 08:36 AM
In Your example, Is B working for the same company or different company in 2010. As you know experience working for the same company does not count towards EB2. B has to take another job at a different company to qualify for EB2. Am I correct in this?
(unless the title and job description totally different in 2010 for B)
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
(unless the title and job description totally different in 2010 for B)
By law the job should be in different company. However many desi employers are having two or more sister companies. They get it applied under another sister company's name.
Had it been a different company too this porting of date for B (my example above) is not justified. Because when B had originally applied he did not have the EB2 qualification/experience. He gained it later, so he should not be allowed to use the original date for EB2. The law should be the new perm date for the EB2 should be the priority date.
The porting of date should only be allowed in same category, if someone changes a job after 180days of 485 and remains in same category.
EB2 I applicants should point this out. I know many of my friends have started sending out memo to USCIS.. But to take any adminstrative measure more people need to follow or contact USCIS.
Else it is your fate.. you know better what to do...
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vineet
02-09 04:16 PM
Unique Transaction ID #93T0361H607470F
more...
shantak
02-04 08:39 AM
mine is July 2007 and im in Richmond, State of Virginia. Local ASC that would be processing my FP would be Norfolk.
Thanks
Hi,
What is your 485 notice date and which state are you residing?
Thanks
Hi,
What is your 485 notice date and which state are you residing?
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Macaca
07-08 08:17 PM
The following link may throw some light on what non-citizens are entitled under the U.S constitution.
http://www.slate.com/id/1008367/
This link gives restrictions on immigrants who have violated the law. We need restrictions on law abiding legal non-resident immigrants.
http://www.slate.com/id/1008367/
This link gives restrictions on immigrants who have violated the law. We need restrictions on law abiding legal non-resident immigrants.
more...
dingudi
12-07 03:57 PM
exactly same case, applied july 17th, notice date sept 10th, transferred to TSC
All,
For your info, mine is not a transfer case. My application was filed directly with TSC on July 2nd and I have received 485 receipt notices from TSC itself. So delay in FP has nothing to do with transfer case.
I spoke to an IO today and my FP has still not been scheduled yet. Got the same old reply , waiting for an availalibilty from local ASC.
All,
For your info, mine is not a transfer case. My application was filed directly with TSC on July 2nd and I have received 485 receipt notices from TSC itself. So delay in FP has nothing to do with transfer case.
I spoke to an IO today and my FP has still not been scheduled yet. Got the same old reply , waiting for an availalibilty from local ASC.
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wait4ever
09-03 08:54 PM
Did you receive teh physical cards by now?
My Case:
08/12/08 - Approval Notice Sent message (This is the only message I got)
08/18/08 - Received the Approval notice by post
No cards till now...:confused:
I actually spoke to Customer service and I got 2 very different responses.
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
My Case:
08/12/08 - Approval Notice Sent message (This is the only message I got)
08/18/08 - Received the Approval notice by post
No cards till now...:confused:
I actually spoke to Customer service and I got 2 very different responses.
1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.
2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.
I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.
Best is to check with the guys/gals at Infopass -meeting.
All this was from the rep at the TSC - so not sure if this is applicable to all centers.
AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.
I will post my Infoapss exp on the 9th of september.
more...
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saimrathi
07-13 06:36 AM
Is this posted somewhere? Is there a link?
Just woke up to NPR morning news ... nice coverage on the July bulletin.
Just woke up to NPR morning news ... nice coverage on the July bulletin.
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Jaime
06-26 10:23 AM
Well, I am a legal immigrant from Mexico, I have an MBA, my race is white (100% European as are more than 10 million Mexicans) and I do not wear a "sombrero".
I thought that this forum was for us all to help each other and not enter these types of useless arguments. I cannot believe that the posters of these racist messages, who are Indian, are falling into the same sterotypes that Americans fall into in regards to India. You are doing that with Mexico. I have been to India, I urge you to go to Mexico and see for yourselves what the country is like before passing judgment.
Mexico has 100 million people vs. India's 1 Billion plus, yet Mexico's GDP is essentially equal to India's (India = 775,410, Mexico=768,437). All the people that you see immigrating here are of course the poor and uneducated who can come here in large numbers because of the simple fact that (hello people!) we share a land border with the U.S.A. (What would happen if India shared a land border with the U.S.A. - One can only imagine! Instead of 7 million illegal Mexicans, we would have 400 million illegal Indians here!) I invite you to visit Mexico, where in some parts you will think you are in Sweden. And again, yes! have been to India!
We are misusing this forum with stereotypes and you guys are turning this into an Indian-only forum. (WHich is a turnoff to me and many more) I know the majority of us in here are Indian, but if I continue to feel unwelcome here I will just take my donations elsewhere.
I thought that this forum was for us all to help each other and not enter these types of useless arguments. I cannot believe that the posters of these racist messages, who are Indian, are falling into the same sterotypes that Americans fall into in regards to India. You are doing that with Mexico. I have been to India, I urge you to go to Mexico and see for yourselves what the country is like before passing judgment.
Mexico has 100 million people vs. India's 1 Billion plus, yet Mexico's GDP is essentially equal to India's (India = 775,410, Mexico=768,437). All the people that you see immigrating here are of course the poor and uneducated who can come here in large numbers because of the simple fact that (hello people!) we share a land border with the U.S.A. (What would happen if India shared a land border with the U.S.A. - One can only imagine! Instead of 7 million illegal Mexicans, we would have 400 million illegal Indians here!) I invite you to visit Mexico, where in some parts you will think you are in Sweden. And again, yes! have been to India!
We are misusing this forum with stereotypes and you guys are turning this into an Indian-only forum. (WHich is a turnoff to me and many more) I know the majority of us in here are Indian, but if I continue to feel unwelcome here I will just take my donations elsewhere.
more...
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vinabath
03-26 11:37 AM
Labor Substition was a devil which has created most of this problem as I can see there are hardly 15-20% original beneficiaries for these 2002-2003 Labors.
Employers made Labor Sub a Devil by misusing it. It has been provided to employers as a valid advantage from employer perspective.
Infact GC has become a retention perk for the employer and from the employer perspective all they need is unlimited H-1B permits. All this added to the fuel that GC has become a perk to the employee because they suck up 6 years of H-1B servitude and not a Employer benefit anymore.
I think the Govt and USCIS start to think now that
H-1B is employer benefit
GC is employee benefit
and they are slowly moving to make changes in the current law.
Employers made Labor Sub a Devil by misusing it. It has been provided to employers as a valid advantage from employer perspective.
Infact GC has become a retention perk for the employer and from the employer perspective all they need is unlimited H-1B permits. All this added to the fuel that GC has become a perk to the employee because they suck up 6 years of H-1B servitude and not a Employer benefit anymore.
I think the Govt and USCIS start to think now that
H-1B is employer benefit
GC is employee benefit
and they are slowly moving to make changes in the current law.
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gc_lover
07-20 07:35 AM
I will contribute 100 $ towards this cause. Just tell me when and where.
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Thanks for everything!
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dixie
12-11 04:27 PM
Totally agreed that quota increase is controversial and an alternative approach must be agreed upon - 1932, CIR and now SKIL has taught us that bitter lesson. I am not by any means questioning the wisdom of going after the low-hanging fruits like 485 filing etc. All I am saying is - we cannot assume everything else remains the same. Things like 485 filing etc are our niche goals - no corporate interest is served by that and in a brutally capitalistic country thats a huge disadvantage.The fact is ANY relief, whether it includes quota increase or not, still takes a lot of lobbying and money to introduce all on its own strength.Yours and mine promotion/career prospects are the least of the lawmakers' worries, however non-controversial it may be and however deserving we may be. The need of the hour is to increase our membership base and contributions - lets face it, 200k in funds is not going to get us too far on our own steam. If 6000 of us could achieve so much in an year, imagine what 100k will do. That way we will be a credible enough force to be heard and respected. It still beats me how we have only 6000 odd members despite the dire situation that the majority of EB applicants find themselves in since 2001.
Most of the time we have to search for bills to attach our provisions anyways. The only problem is that right now all our provisions are either being labeled as "quota increase" or are being attached to "Quota Increase" bills. Try and remember S-1932, CIR and SKIL. AILA will always be after H1 Increase and so will Big Corps. Only this time instead of seperating ourselves as "EB only" we try to piggyback on either "Quota increase" bills OR we try and piggyback on just about ANY bill we can piggyback onto. Most of the times weird bills get combined (S1932 for example).
If 2006 has taught us anything it should be "Do NOT try and increase quotas and numbers". For starters it takes TOO long to do and there is MUCH more opposition from even the average American. Remember the IV Core telling us how the Anti-immigrant calls far outnumbered our calls during the Recent SKIL bill? Guys even the biggest Corps have been unsuccessful in getting Visa number increases. Do we honestly believe that with 6,000 members who are NOT a voting base (and may never be) + the lack of funds, we are going to do what these big guns have not been able to accomplish? Am I saying we should give up? HELL NO!! All I am saying is, it is time to review our strategy. Over and above all this, if we think that our current course will bring us victory then let the majority prevail.
Most of the time we have to search for bills to attach our provisions anyways. The only problem is that right now all our provisions are either being labeled as "quota increase" or are being attached to "Quota Increase" bills. Try and remember S-1932, CIR and SKIL. AILA will always be after H1 Increase and so will Big Corps. Only this time instead of seperating ourselves as "EB only" we try to piggyback on either "Quota increase" bills OR we try and piggyback on just about ANY bill we can piggyback onto. Most of the times weird bills get combined (S1932 for example).
If 2006 has taught us anything it should be "Do NOT try and increase quotas and numbers". For starters it takes TOO long to do and there is MUCH more opposition from even the average American. Remember the IV Core telling us how the Anti-immigrant calls far outnumbered our calls during the Recent SKIL bill? Guys even the biggest Corps have been unsuccessful in getting Visa number increases. Do we honestly believe that with 6,000 members who are NOT a voting base (and may never be) + the lack of funds, we are going to do what these big guns have not been able to accomplish? Am I saying we should give up? HELL NO!! All I am saying is, it is time to review our strategy. Over and above all this, if we think that our current course will bring us victory then let the majority prevail.
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wizpal
07-08 03:01 AM
Order # FNKXXXXXXX
Deliver on: Tuesday
Jul. 10, 2007
Delivery by: FedEx�, DHL� or UPS�
Deliver to: Emilio Gonzalez
Business
20 Massachusetts Avenue, NW
Washington DC, DC 20529
US
202-307-1565
Occasion: Other
Gift Message and Signature: "Kindly do not return our I-485 petitions in July and honor the original DOS visa bulletin"
Deliver on: Tuesday
Jul. 10, 2007
Delivery by: FedEx�, DHL� or UPS�
Deliver to: Emilio Gonzalez
Business
20 Massachusetts Avenue, NW
Washington DC, DC 20529
US
202-307-1565
Occasion: Other
Gift Message and Signature: "Kindly do not return our I-485 petitions in July and honor the original DOS visa bulletin"
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greensignal
09-18 09:30 AM
:) Current Status: Card production ordered.
On September 8, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.
ND: 07/30/08
I got my EAD but My wife's EAD is not yet approved though we applied on the same date. Just waiting.
On September 8, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you.
ND: 07/30/08
I got my EAD but My wife's EAD is not yet approved though we applied on the same date. Just waiting.
diptam
06-27 12:08 PM
I asked my employer if they would tune the clauses to "1 yr after EAD" but they said NO - "it will be 1 yr after GC"
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
They also told me over phone that they have the capability of revoking
140 and complaining against me to INS if i try to leave before getting the actual GC.
Can they do that - after 6 months they lose that control - Right ??
There are many points on which this agreement can be defended.
1. No fixed time period. Staying upto 1 year after getting GC is same as saying work until the car engine for the company CEO's car goes out. Nobody can predict either one.
2. Usually waiver of filing lawsuit by employee involves sum of money for its consideration. Many employer pay employee month salary (or part/multiple) to offer agreement for not suing. Agreement terms without consideration are usually null and void. For example, I can't have agreement with you that you will deliver free newspaper without stating consideration/compensation for you.
3. Company can claim for GC Expenses and other related expenses if employee leaves within reasonable and agreed period. So probably $10,000 is in the agreement to cover that.
Now for the bad news, defending this agreement could cost much more than $10,000, besides time and hassles. More so, if employee and employer are in two different states as employer can file suit in their state. In short, $10,000 is cost of moving out of this job at the time of your choice. You could also look at it as the added cost of GC.
I suggest you should consider making a plan to move in your life and career. As they say, freedom is priceless.
Good Luck.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
desi3933 at gmail.com
nmdial
09-09 10:03 AM
I read this as a status message of a CEO sometime back on linkedin:
An egg, when broken from inside, brings in new life but if broken from outside, kills it.
Please, don't let the immigration process break you. Join IV (and us) and fight it...until we break it for a better change.
An egg, when broken from inside, brings in new life but if broken from outside, kills it.
Please, don't let the immigration process break you. Join IV (and us) and fight it...until we break it for a better change.
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