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Thursday, June 9, 2011

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satishku_2000

10-05 06:49 PM

Another important thing whole EB2 and EB3 classification is , it does not matter how much experience or educational credetials a benificiary has. The job should require it too...

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mirage

05-29 04:01 PM

On a conference call somebody asked Rajiv Khanna about PD movement last month and his prediction etc etc. His comment was
'Only 2-3 people in the whole world knows what happened last month and what's going to happen further. And all of them work for the state dept.'

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freddyCR

January 13th, 2005, 02:31 PM

Just a red "X"

Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed. [Archive] - Immigration Voice

View Full Version : Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed.

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hebron

08-10 09:55 AM

I am an EB3 applicant with PD of Sep 2004. I have an EAD but I haven't used it yet. I am still on H1-B.

I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.

I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:

1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.

2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.

In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .

Any suggestions/ advice appreciated.

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patelkirti

04-17 08:55 AM

Hi All,

I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.

Here are my questions

1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).

2) What else should i do to make this injustice visible? I will work with DOl and get my money back.

3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?

PK

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needhelp!

02-13 10:55 PM

Thanks to all who responded.

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arpu31

11-15 01:48 PM

Thank you for your reply.

Even though we get a new I-94, it is still with my consulting company as the company does not give me my I797.
If I go to India and apply for H4 again, then wont the officer ask me on why I am trying to get the H4 stamping again since it already has a previous valid H4 stamping on it? since there is no H1 stamping on my passport.

Or can I go out of USA and get back on the same revious H4 stamping?

Thanks,

Arpu

I believe whenever you apply H1 or H4 in US, you will get new I-94 so you don't need to go outside US.

#3 : no, only show H1B approval from ur spouse.
#4 : I don't know about 60 days rule but this is like chicken and egg situation. to get paid (using H1), you will need to have SSN. if you don't get paid then you are violating ur H1 condition. so I believe the reasonable answer is you have to get SSN and a project so you can get paid and stay using H1B status (if not revert to H4 asap).
#5 : I believe you are not out of status but you are violating H1 condition.

But again, Please check with ur attorney since I am not an attorney.

Sorry if my answers will scare you a bit.

Regards,

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texanguy

05-15 06:17 PM

I would like Representative "Representative Name" to co sponsor bills HR 5882 and HR 5921, sponsored by Zoe Lofgren.

I am confused, are we asking them to "co-sponsor" or to "support"?
Please advice.

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hebron

04-17 07:04 PM

Hi Guys,
Any suggestions for my post above? It will be really helpful.

Thanks in advance!!

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patiently_waiting

01-08 09:47 AM

this may help also :-

Alternate Document (http://www.hammondlawfirm.com/alternate_document.htm)

Birth Affidavit (http://www.hammondlawfirm.com/birth_affidavit.htm)

Birth Certificate (http://www.hammondlawfirm.com/birth_cert.htm)

Birth Certificates Green Card Permanent Residency (http://www.usabal.com/permres/AOS/birth_cert_info.html)

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dtekkedil

07-02 05:20 PM

Hello Folks,

We have all been victims of a cruel joke played by DOS and USCIS! We should not stand by and do nothing!

We should call the new organizations and let them know... make sure that they cover this fisco!

But, I want to see this issue in the news not just for a day or two. The one thing that will catch people's attention is we do something OUT of the way!

I support one suggestion put forward by one of our members - Go the Munnabhai way! Send them flowers! Do you guy have any idea what kind of news that will be? If USCIS suddenly receive 1000s of flowers everyday? Granted we will be spending money from our pockets but that is a small price to pay to make our woes known to others!

So, if people are interested... let us start a send a flower a day campaign!

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gnutin

06-17 04:34 PM

Mr.gnutin or any other expert,

Can you please confirm whether I have to stick with the company for 180 days after the 140 approval, if i am planning to change the job to port the Priority date?

Thanks

No need to stick with company for 180 days after I-140 approval to keep your PD.

The 180-days thing is if you're filing I-485 along with I-140. If this is the case with you then wait 180 days, get your EAD and invoke AC-21 to change employers.

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green_card_curious

03-08 12:15 PM

Thanks Drak. My attorney states otherwise though. He states that I-485 will be denied only after the ultimate denial of the I-140, which he says might take even about a year, and that in the mean time, I-485 will be valid and that she can continue to work on EAD.

P E R P L E X E D !!

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mali03

05-25 08:17 AM

Called Sen Bingamna's office! funny to call him against his own amendment but tried to put it diplomatically...hope it works!

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dealsnet

08-04 01:31 PM

If he is willing to co-operate, she can file. If she file without his permission, he can cancel her petition any time before adjudication. The petition have the validity until the divorce. If he is not supporting with her GC, nothing can be done. She will loose her H4 status also. She need to find some other way to be in staus like, Student visa, her own H1B, marry a citizen, H1B.
Hi all,
One of my friend is separated (not divorced) from her husband.
can she file 485 by herself. Does she needs anything latest doc from her husband. She does have all the copies of his documents.
She is thinking she can work if she gets EAD. She does not have anybody here are back home except her mom. Please suggest a solution

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GCOP

06-23 02:46 PM

I know that, we had not been successful in earlier years for this bill. But, as CIR chances are very uncertain, we should concentrate at least only on this Visa Recapture Bill this year. Passing of this bill will reduce backlog significantly. Let us focus on this bill .

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inthehole

07-25 03:50 PM

I am trying to send AC21 letter to USCIS through my attorney. My attorney want the LC filing papers from my previous employer.(so that he can prove that my current job is same or similar)

So if we change our job using EAD, do we need to have LC filing paper from our ex employer for invoking AC21?.

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singhsa3

11-15 09:12 AM

Tri State Folks,
You just saw priority dates in Dec visa bulletin. What do you plan to do now?
I have some answers for you but would like to hear from you first..

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Joey Foley

May 18th, 2005, 04:23 PM

Yeah, but if I cleaned the sensor and lenses what else could it be?
Clean the sensor again?

tikka

08-09 08:18 AM

U definitely and and will :)

/\/\/\/

GCNaseeb

08-08 04:25 PM

Even if you are not working on a project, you are technically working for a H1-B sponsorer. Once you could file your AOS, you are legal with a status of "AOS pending". During 180 days period, you don't have to work and just sit at home. Its very unlikely that your already filed AOS application will get adjudicated within 180 days. Once after 180days of filing, you invoke AC21 and start working on again with any employer.

You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...

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