desi3933
03-13 02:48 PM
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
Incorrect!
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
_______________________
Not a legal advice.
US citizen of Indian origin
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
Incorrect!
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
_______________________
Not a legal advice.
US citizen of Indian origin
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good idea
03-13 12:43 PM
FBI Arrests DC Official (http://blogs.abcnews.com/politicalpunch/2009/03/fbi-arrests-dc.html)
jaggu bhai
07-27 12:04 PM
LongGCQ
Thanks to share ur experience and knowledge.
Frankly speaking we are interested in utilising time effectively, rather than studying hard to get a MS. On the basis of her health grounds, she cannot attend the college.
Regarding fees, smaller college fees is around 6k, where as big name colleges around 13k,
smaller colleges are easy to get results.
We wanted to utilise OPT in the future, so we may have to incline towards F1!!!
Thanks to share ur experience and knowledge.
Frankly speaking we are interested in utilising time effectively, rather than studying hard to get a MS. On the basis of her health grounds, she cannot attend the college.
Regarding fees, smaller college fees is around 6k, where as big name colleges around 13k,
smaller colleges are easy to get results.
We wanted to utilise OPT in the future, so we may have to incline towards F1!!!
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rolrblade
07-20 01:29 PM
My attorney said e-notice is fine and applied.
but in enotice it is written
Please note that this e-mail message is being sent as a
courtesy and cannot be used as evidence of nonimmigrant
status. Nor can this message be used as evidence to procure
an immigrant visa
I am worried if my packages comes back after aug 17?
read carefully to what Superdude wrote...... your answre is in there.
To file I-485 you need a I-140 RECEIPT NOTICE. You dont need an approved I-140 to file 485. If you attached your I-140 receipt notice then you are fine.
but in enotice it is written
Please note that this e-mail message is being sent as a
courtesy and cannot be used as evidence of nonimmigrant
status. Nor can this message be used as evidence to procure
an immigrant visa
I am worried if my packages comes back after aug 17?
read carefully to what Superdude wrote...... your answre is in there.
To file I-485 you need a I-140 RECEIPT NOTICE. You dont need an approved I-140 to file 485. If you attached your I-140 receipt notice then you are fine.
more...
disco
02-11 01:11 AM
Nikhil2,
I have a similar situation. Same Company, Same position Name. Different Job Requirements & Job Description. Old Labor RIR EB3 (PD 2003). New Labor EB2 PERM.
My Lawyer seems to be comfortable & Confident. He is the one suggested this approach. Earlier I requested if we could apply for a different position with the same company. He decided to go with above approach and felt confident about it and also advocated the above to be a right and easy approach.
I am not a lawyer. But our company lawyer is very experienced and has big clients in Silicon Valley. Also He has done a lot of H1/Labor/Green Card for our company itself and hence I have confidence in him.
Hope this is helpful. People please let me know if as per your information this could be inappropriate. If that is the case I want to raise this at the right time as the labor application is still in a very initial stage.
Thanks
I plan to transfer the priority date of an old LC to a new one. My attorney said my case won't work, since the two LCs belong to the same company and the positions (job titles) are the same. She indicates at least one of them needs be different.
I spent a whole night and cannot find any info about this.
Do you happen to know this? Any comments or links would be appreciated.
I have a similar situation. Same Company, Same position Name. Different Job Requirements & Job Description. Old Labor RIR EB3 (PD 2003). New Labor EB2 PERM.
My Lawyer seems to be comfortable & Confident. He is the one suggested this approach. Earlier I requested if we could apply for a different position with the same company. He decided to go with above approach and felt confident about it and also advocated the above to be a right and easy approach.
I am not a lawyer. But our company lawyer is very experienced and has big clients in Silicon Valley. Also He has done a lot of H1/Labor/Green Card for our company itself and hence I have confidence in him.
Hope this is helpful. People please let me know if as per your information this could be inappropriate. If that is the case I want to raise this at the right time as the labor application is still in a very initial stage.
Thanks
I plan to transfer the priority date of an old LC to a new one. My attorney said my case won't work, since the two LCs belong to the same company and the positions (job titles) are the same. She indicates at least one of them needs be different.
I spent a whole night and cannot find any info about this.
Do you happen to know this? Any comments or links would be appreciated.
123456mg
07-22 03:20 AM
I guess this community is not for willful violators like you. Here we are trying to share information from/for people who follow rules. There are many people (anti-immigration lobbyist and anti-H1b lobby) reading this forum. This will give impression as if this forum is for giving advise to people like you who do not care for the law and will give bad name to IV. I guess you should cough up some money and get advise from a good immigration lawyer. Also, I would suggest a moderator or administrator to look into this matter adn have this thread removed.
more...
rawmuk7
03-18 04:21 PM
If you really need help on this kind of case. Talk to Shah Peerally in Fremont, a good attorney.510-798-2742. He is accessible and good.
Thx.
Thx.
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redcard
11-07 12:27 PM
Hi,
My parents got 10 year multiple entry US visa 2 years back. My brother who was residing here had sent the required documents and applied the visitor visa. My parents had visited me then for 3 months. Now I am planning to get my parents to US. But my brother no longer lives in USA. Is my parent�s visitor visa still valid since my brother is not residing here or should I re apply for my parents visitors visa. Any help or suggestions are appreciated. Thanks in advance.
Yes,, its valid for ten years..irrespective of the fact that your brother is in US or Not...
My parents got 10 year multiple entry US visa 2 years back. My brother who was residing here had sent the required documents and applied the visitor visa. My parents had visited me then for 3 months. Now I am planning to get my parents to US. But my brother no longer lives in USA. Is my parent�s visitor visa still valid since my brother is not residing here or should I re apply for my parents visitors visa. Any help or suggestions are appreciated. Thanks in advance.
Yes,, its valid for ten years..irrespective of the fact that your brother is in US or Not...
more...
jpreston
October 25th, 2005, 05:06 PM
Any idea when you all might want to do this? I might be able to join you for a weekend of shooting.
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inskrish
08-12 03:30 PM
I am wondering if there is a potential issue for the applications filed between July 3rd to july 17th. This is the period when everything was in limbo. Is there any disadvantage for these folks?
So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.
I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.
I don't think we need to worry about July3-17 cases, and July3rd application is not any different from the July2nd application, except the fact that there was a one day delay. :) This is my take on this issue:
According to Jan Pederson, NSC received roughly 35,000 applications in first two days of July.07. As of 08/03/2007, USCIS completed receipt entry for the I-485 applications received till 07/01/2007. If we ASSUME USCIS enters roughly 4000--which could be too high, I believe--I-485 applications a day, it requires atleast 9 working days to complete the receipt entry of July2nd applications. i.e by Aug.16th, USCIS would have entered all of the July2nd applications, and from Aug.17th , they would start working on July 3rd applications.
Secondly, while processing the July2nd applications, USCIS doesn't give any priority to the actual time the applications were received. That is why some of us raise our eyebrows as to how the 11.30am filer gets the receipt notice before the 7.55am filer receives the same.
Again, it is just based on my personal observation.:)
Regards,
IK
So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.
I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.
I don't think we need to worry about July3-17 cases, and July3rd application is not any different from the July2nd application, except the fact that there was a one day delay. :) This is my take on this issue:
According to Jan Pederson, NSC received roughly 35,000 applications in first two days of July.07. As of 08/03/2007, USCIS completed receipt entry for the I-485 applications received till 07/01/2007. If we ASSUME USCIS enters roughly 4000--which could be too high, I believe--I-485 applications a day, it requires atleast 9 working days to complete the receipt entry of July2nd applications. i.e by Aug.16th, USCIS would have entered all of the July2nd applications, and from Aug.17th , they would start working on July 3rd applications.
Secondly, while processing the July2nd applications, USCIS doesn't give any priority to the actual time the applications were received. That is why some of us raise our eyebrows as to how the 11.30am filer gets the receipt notice before the 7.55am filer receives the same.
Again, it is just based on my personal observation.:)
Regards,
IK
more...
voldemar
03-09 10:07 PM
I am planning to visit India next week. I have the I-94 which was given to me when I entered USA last time. In the mean time, I also have I-94 attached on the approved I-797 due to 6,7 and 8th year extension. My question is
When I check in at the airlines counter do I have to only submit the I-94 that was given to me at the port entry ?
or
all the I-94 that is attached to my I-797 approval notices.
ThanksSubmit all I-94. My lawyer told me that.
When I check in at the airlines counter do I have to only submit the I-94 that was given to me at the port entry ?
or
all the I-94 that is attached to my I-797 approval notices.
ThanksSubmit all I-94. My lawyer told me that.
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GCSeeker123
03-24 12:07 PM
Yes you can Port your PD if your EB3 I-140 is Approved.
Once the I-140 gets Approved the PD is locked.
You can file a Labor under EB2 Using your MBA degree, once this Labor gets
Approved attach your OLD EB3 I-140 Copy and Port to your NEW EB2 Case.
Once the I-140 gets Approved the PD is locked.
You can file a Labor under EB2 Using your MBA degree, once this Labor gets
Approved attach your OLD EB3 I-140 Copy and Port to your NEW EB2 Case.
more...
house (An AIR GEAR wallpaper)
xu1
08-03 08:22 AM
The first thing to consider is the job requirement. It must require a minimum of a master's degree or a Bachelor degree plus 5 years progressive experience. If the job description has that requirement, and you have the required background, then it can be filed as EB2. In your case the job description states a minimum of a bachelor's degree and 3 or 4 years experience. This would only qualify as EB3, regarless of your credentials.
I think I missed the part of "- BS Degree plus 3-5 Yrs experience or ..." in the job description.. I remember reading something on the forum, and it can be paraphrased as 'if you have an -OR- in the experience requirement, that spells trouble'. In your case, a BS plus 3 years (rather than 5) would also qualify, so you may not be able to do EB2.
On the other hand, so long as your new employer supports your immigration filing, you may ask them to prepare a new case for you, stripping the BS+3/5 requirements.. good luck!
I think I missed the part of "- BS Degree plus 3-5 Yrs experience or ..." in the job description.. I remember reading something on the forum, and it can be paraphrased as 'if you have an -OR- in the experience requirement, that spells trouble'. In your case, a BS plus 3 years (rather than 5) would also qualify, so you may not be able to do EB2.
On the other hand, so long as your new employer supports your immigration filing, you may ask them to prepare a new case for you, stripping the BS+3/5 requirements.. good luck!
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chanduv23
05-30 11:12 AM
They will change the text on house bill appropriately if they decide on points system and get support.
more...
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gimme Green!!
08-04 01:22 PM
Sure - this forum is filled with apps pending Labor.
EB2 RIR July 2004
The backlog centers have 10 fed govt employees and 100 guys from Exceed unless I am egregiously mistaken.
Why does any one think that those 100 guys will be left out with out any jobs? Wont the 10 fed guys be moved to Chicago/Atlanta NPC's with huge reloc benefits package? If they dont choose to move because of personal reasons, Do you know what kind of severance packages they get?
100 guys from Exceed will be definitely working for other fed agencies after they are done with this gig. IRS has a huge base in Philly and Exceed is a govt contractor. May be IT consultants need to learn from these folks..
"How NOT to get the work done in 5 years?"
B T W Does these places have any guys who are struck with their labor?
EB2 RIR July 2004
The backlog centers have 10 fed govt employees and 100 guys from Exceed unless I am egregiously mistaken.
Why does any one think that those 100 guys will be left out with out any jobs? Wont the 10 fed guys be moved to Chicago/Atlanta NPC's with huge reloc benefits package? If they dont choose to move because of personal reasons, Do you know what kind of severance packages they get?
100 guys from Exceed will be definitely working for other fed agencies after they are done with this gig. IRS has a huge base in Philly and Exceed is a govt contractor. May be IT consultants need to learn from these folks..
"How NOT to get the work done in 5 years?"
B T W Does these places have any guys who are struck with their labor?
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adibhatla
02-18 12:15 PM
I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.
bkn96 - Can you pls tell me how long the processing took to approve the MTR. Greatly appreciate your help in this matter.
bkn96 - Can you pls tell me how long the processing took to approve the MTR. Greatly appreciate your help in this matter.
more...
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kks_sundar
03-22 04:03 PM
I got the same response from my attorney for my AP to be approved. It is very funny that first he said I can not leave the country while AP pending and they he said that I could leave once my biometrix appointment is over. I am holding it until the critical situation comes for my desparate need to go to my homecountry India.
Usually it takes 90 days to get AP nowadays. I checked in , some have received it in 20 to 60 days. If you do not plan to return for a long time, you will not be able to use it anyway when you return (you may have to go to the US consulate before coming there to get letter / keep extending while you are out there).
What you can do is...
1. Call the number in your AP receipt document and look for an opportunity to expedite it. If this is very critical, they can guide you on how you can expedite it.
2. If possible, get an InfoPass appointment to your local USCIS office and go there in person, try to explain the situation and make them feel on what you are missing.
3. Visit the senator's office in person and talk to the Senator and explain the situation and request to expedite it. Before you make your personal visit, explain the situation to the exec assistant of Senator and get her view on what would be Senator's response.
4. Quiltely wait until the AP gets approved.
Good luck on you AP
Usually it takes 90 days to get AP nowadays. I checked in , some have received it in 20 to 60 days. If you do not plan to return for a long time, you will not be able to use it anyway when you return (you may have to go to the US consulate before coming there to get letter / keep extending while you are out there).
What you can do is...
1. Call the number in your AP receipt document and look for an opportunity to expedite it. If this is very critical, they can guide you on how you can expedite it.
2. If possible, get an InfoPass appointment to your local USCIS office and go there in person, try to explain the situation and make them feel on what you are missing.
3. Visit the senator's office in person and talk to the Senator and explain the situation and request to expedite it. Before you make your personal visit, explain the situation to the exec assistant of Senator and get her view on what would be Senator's response.
4. Quiltely wait until the AP gets approved.
Good luck on you AP
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Narend
10-29 04:08 PM
Hello,
Since that you are already a business owner in the US, I would recommend you also look into other options.
You know it could be not completely right on my part to tell you ways where you could become permanent residents Legally. But a little thought and research will show you ways.
If not feel free to private message me and i can try to provide you some tips.
Cheers,
N. :D
Since that you are already a business owner in the US, I would recommend you also look into other options.
You know it could be not completely right on my part to tell you ways where you could become permanent residents Legally. But a little thought and research will show you ways.
If not feel free to private message me and i can try to provide you some tips.
Cheers,
N. :D
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waiting4gc
10-24 04:56 PM
Try Rajeev Khanna. He has helped me tremendously overcome false labor denial and has helped answer two of my friend's queries. He is a little expensive but well worth it.
Can you please suggest any good lawer for this. I talked to my lawer but he said I have to wait for the dates to be current
Thanks,
Can you please suggest any good lawer for this. I talked to my lawer but he said I have to wait for the dates to be current
Thanks,
gc_check
01-06 10:15 AM
VISA BULLETIN JAN 2010
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.
The above quote is from Jan 2010 VB (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4597.html). Unless there is any congressional action, no significant movement in cut-off date is expected. The whole prediction game does not push the dates any further :mad: Hope some thing works out or happens through CIR at least this year.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.
The above quote is from Jan 2010 VB (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4597.html). Unless there is any congressional action, no significant movement in cut-off date is expected. The whole prediction game does not push the dates any further :mad: Hope some thing works out or happens through CIR at least this year.
Raj_2009
12-16 06:25 PM
Dear Yaja,
Thanks for your detailed response and i see that there is a valid point in yours.
Pl. let me know If i go for stamping even with out any paystub from the new employer? (joining after 15 days(1-15)) My new employer has agreed to give a letter of employment. Is that enough for the stamping?. If the consulate officer asks for the latest pay stub in my case, can I tell him that I do not have and I have only the old employers pay stub?
Thanks in anticipation.
Regards,
Raj
Thanks for your detailed response and i see that there is a valid point in yours.
Pl. let me know If i go for stamping even with out any paystub from the new employer? (joining after 15 days(1-15)) My new employer has agreed to give a letter of employment. Is that enough for the stamping?. If the consulate officer asks for the latest pay stub in my case, can I tell him that I do not have and I have only the old employers pay stub?
Thanks in anticipation.
Regards,
Raj
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