psaxena
11-19 05:13 PM
Tech workers take H-1B case to Supreme Court - Network World (http://www.networkworld.com/news/2009/111809-tech-workers-take-h-1b-case.html?fsrc=netflash-rss)
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navyug
08-13 05:06 PM
My I-140 was approved 2 yrs back. I have more time on H1 like ..2 more yrs.
I'm planning to use my EAD or do H1 transfer. So far I have good relations with my employer.If I speak to my employer about my plans will he be able to hurt my case like thru I140 or any otherway?
After I switch jobs will I be able to go back to my old employer if I would want to .
Appreciate it if you can help me on this.
Thank you.
Even if your employer revokes (unlikely as he will have to bear legal expenses on an issue that he cannot win) your 140, it will have no effect. All you have to do is be ready with your new offer letter and maintain the labor wages in your new employment. In previous years desi companies used to reuse the labor by revoking the 140 once an employee quits. Now labor reuse also has been plugged by USCIS. You can peacefully go ahead and change your employment.
Any reason that you want to go back to your old employer? Why quit in the first place than...
I'm planning to use my EAD or do H1 transfer. So far I have good relations with my employer.If I speak to my employer about my plans will he be able to hurt my case like thru I140 or any otherway?
After I switch jobs will I be able to go back to my old employer if I would want to .
Appreciate it if you can help me on this.
Thank you.
Even if your employer revokes (unlikely as he will have to bear legal expenses on an issue that he cannot win) your 140, it will have no effect. All you have to do is be ready with your new offer letter and maintain the labor wages in your new employment. In previous years desi companies used to reuse the labor by revoking the 140 once an employee quits. Now labor reuse also has been plugged by USCIS. You can peacefully go ahead and change your employment.
Any reason that you want to go back to your old employer? Why quit in the first place than...
Yeldarb
05-14 07:13 PM
www.dbdsqd.com - a very simple site for a soldier of fortune clan, the bevel style was used at the client's request. Utilizes php and text files for the shoutbox. Since this site isn't really "dynamic" (no admin section), it only cost the client $50 plus $20 for a year of hosting.
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logiclife
03-17 01:13 AM
3/16/2006
All immigration voice contributors:
On behalf of immigration voice I would like to express my heartfelt appreciation, for your thoughtful and generous gift. We have
reached our goal of "60K by 16th" today. Last checked, the contributions slightly reached over 60,500.
Through the support of individuals like you, Immigration Voice is able to continue our advocacy efforts in Washington DC to bring
immigration reform for legal high-skilled immigrants. With your continued support we will keep our efforts up until we have reached
our goals because its simply too important to not give up EVER.
Again, thank you for the generous support. Your gift, along with the gifts of others, will enable us to continue our advocacy efforts
through every bill and every legislation that can help us achieve legal-immigration reform.
Sincerely,
Jay Pradhan.
http://www.ebsworth.com/gallery/images/u106_thank_you.jpg
All immigration voice contributors:
On behalf of immigration voice I would like to express my heartfelt appreciation, for your thoughtful and generous gift. We have
reached our goal of "60K by 16th" today. Last checked, the contributions slightly reached over 60,500.
Through the support of individuals like you, Immigration Voice is able to continue our advocacy efforts in Washington DC to bring
immigration reform for legal high-skilled immigrants. With your continued support we will keep our efforts up until we have reached
our goals because its simply too important to not give up EVER.
Again, thank you for the generous support. Your gift, along with the gifts of others, will enable us to continue our advocacy efforts
through every bill and every legislation that can help us achieve legal-immigration reform.
Sincerely,
Jay Pradhan.
http://www.ebsworth.com/gallery/images/u106_thank_you.jpg
more...
jonty_11
07-26 02:17 PM
I think people who applied late June and early July just scraped thru before teh deluge of applications hits USCIS.....They are still getting recipt notices in 1 month......
For the rest..it may be several months.....
For the rest..it may be several months.....
GCKaMaara
04-07 04:52 PM
I am planning to go on a Hawaii cruise on the Norwegian Cruise line ship (Pride of America) which is registered in the US. My H1-B visa has expired but my I-94 is valid. The Cruise ship only visits islands in Hawaii and embarks/disembarks in Hawaii.
Do I need to worry about my visa stamping or just the Passport with valid I-94 and drivers license should suffice?
Any help will be greatly appreciated!
Call me stupid but I thought Hawaii is part of US only.
Do I need to worry about my visa stamping or just the Passport with valid I-94 and drivers license should suffice?
Any help will be greatly appreciated!
Call me stupid but I thought Hawaii is part of US only.
more...
Ramba
09-25 07:40 PM
:) Ramba, I agree, but CBP issues I-94 based on passport expiry date. then what do you do ?
Let's say if you have a visa till dec 2010 and passport expires by june 2010. If you go out of country now and enter US again, they will issue I-94 till june 2010 only. Now a days Port of Entry CBP are careful in issuing I-94 till the expiry of the passport (not till the visa end date).
You are right. You don't need to renew the passport, if you are not planing to travel (planning to leave USA and come back). :)Even you can through your expired PP in waste bin after making a copy for records, if you dont want to leave USA.
Let's say if you have a visa till dec 2010 and passport expires by june 2010. If you go out of country now and enter US again, they will issue I-94 till june 2010 only. Now a days Port of Entry CBP are careful in issuing I-94 till the expiry of the passport (not till the visa end date).
You are right. You don't need to renew the passport, if you are not planing to travel (planning to leave USA and come back). :)Even you can through your expired PP in waste bin after making a copy for records, if you dont want to leave USA.
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GC08
04-08 09:56 AM
If the law is changed. All dates will be current. if it's not changed your date from 2005 means squat. There are abt 200K ppl in the line ahead of you.. no way you are getting anything this life.. maybe you can leave your PD in inheritance to your kid born in India :)
So your GC process shouldn't be a factor.. you got great offer.. leave..!
Go for the better job... Nobody knows what's going to happen. I wish I had done that 3 years ago. :(
This is especially true considering the uncertain, erratic nature of U.S. immigration. The only thing you can do is to grap whatever is "certain" to you right now. Otherwise, you may get stuck with a bad job, a bad company, a bad boss and still not getting your green card, either because of the backlog or unforeseen lay-off. At that time, you will realize you have got nothing... That feeling really sucks!!! :mad:
So your GC process shouldn't be a factor.. you got great offer.. leave..!
Go for the better job... Nobody knows what's going to happen. I wish I had done that 3 years ago. :(
This is especially true considering the uncertain, erratic nature of U.S. immigration. The only thing you can do is to grap whatever is "certain" to you right now. Otherwise, you may get stuck with a bad job, a bad company, a bad boss and still not getting your green card, either because of the backlog or unforeseen lay-off. At that time, you will realize you have got nothing... That feeling really sucks!!! :mad:
more...
Jerrome
05-28 12:18 PM
Generally how many days it takes to get the actual RFE in hand.
I saw status update on May 20th and yet to get the copy in hand.
Me or my lawyer have not received it yet.
What are the next steps if we don't get it soon.
I saw status update on May 20th and yet to get the copy in hand.
Me or my lawyer have not received it yet.
What are the next steps if we don't get it soon.
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burnt
05-28 02:13 PM
Here is my observation
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
Kris - Do you have a case where the applicants I-485 got denied, because of AC 21? When I say denied, I mean someone who even after filing MTR, Contacting CongressMan, and writing to Ombudsman could not reverse the denial decision?
I personally don't know of any such case. And if you don't have such a case, then please do not scare people.
1. Since your H1 with your original employer A was rejected the next step from your employer would be to revoke the H1 petition ( i am not sure if rejection means automatic revocation)
2. You implicitly used AC21 by moving to a new employer and working on an EAD
3. You could have an issue if, employer A revokes your I140. There is some evidence to suggest that lot of such cases are getting NOID and getting rejected. This is based on readings on this forum in other threads.
4. On the contrary if employer A is not withdrawing your I140 which means he is still willing to support your GC ( implicit meaning is that you will work for him in future). You might get an RFE next time you apply for some renewal or just like that on your 485 asking you for 'proof of employment'. In which case you submit the necessary documentation.
The key here really is to make sure your Employer A does not revoke your I140. I know the advocates of AC21 have been arguing in the other threads that it beats the purpose of Ac21 if USCIS is rejecting such cases but its a grey area and certainly a cause for concern.
- cheers
kris
Kris - Do you have a case where the applicants I-485 got denied, because of AC 21? When I say denied, I mean someone who even after filing MTR, Contacting CongressMan, and writing to Ombudsman could not reverse the denial decision?
I personally don't know of any such case. And if you don't have such a case, then please do not scare people.
more...
rb_248
08-14 06:56 AM
Can people convert LC pending in BEC to PERM? If So, how safe it is and how much time it takes totally.
It can be done. For my case it took about 6 months. If you are in your 6th year or beyond, it is risky. But, note that your PERM application you submit must be identical to your old application to retain your PD.
It can be done. For my case it took about 6 months. If you are in your 6th year or beyond, it is risky. But, note that your PERM application you submit must be identical to your old application to retain your PD.
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reddymjm
12-10 10:16 PM
What year?..........2011 for EB2I and 2021 for EB3I. :(
For EB3 is no diffrence my friend, Decembere is = July, same movement.
Good one Buddy. To see some movement better than days movement July 2011 should be good.
For EB3 is no diffrence my friend, Decembere is = July, same movement.
Good one Buddy. To see some movement better than days movement July 2011 should be good.
more...
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bala50
08-05 10:57 AM
Folks,
Majority of the PA folks are voting "will not attend " or " may be". Also i personally called a few friends to urge them to attend the rally but the feedback is very poor. Please folks what is the problem, try to make the effort to do this. This may be our last chance to encourage congress to do something to help our cause. If we miss this then nothing is likely to happen in 2008 as it is a election year and nobody will dare touch immigration and in 2009 when a new president is elected immigration will not be a top priority for the new administration. What more suffering you need to take some action. You are doing this not for somebody else but for "YOU". IV core is expecting 10,000 members/Legal EB immigrants to attend, but now it seems its tough to achieve. Please take this opportunity to help ourselves , nobody else will fight for our cause. I request/urge every one affected by this broken immigration system to act now before its too late.
This is my personal view , please ignore if you feel its not right.
Majority of the PA folks are voting "will not attend " or " may be". Also i personally called a few friends to urge them to attend the rally but the feedback is very poor. Please folks what is the problem, try to make the effort to do this. This may be our last chance to encourage congress to do something to help our cause. If we miss this then nothing is likely to happen in 2008 as it is a election year and nobody will dare touch immigration and in 2009 when a new president is elected immigration will not be a top priority for the new administration. What more suffering you need to take some action. You are doing this not for somebody else but for "YOU". IV core is expecting 10,000 members/Legal EB immigrants to attend, but now it seems its tough to achieve. Please take this opportunity to help ourselves , nobody else will fight for our cause. I request/urge every one affected by this broken immigration system to act now before its too late.
This is my personal view , please ignore if you feel its not right.
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kroy1976
04-13 08:54 AM
Hi,
First let me thank you all for providing and maintaining such a forum where one can get all the answers related with immigration. This is truly amazing.
I am a july 2007 filer. My priority date in October 2006. My I 140 was approved in January 2007. I was laid off by my original GC sponsoring company in April 2009. Fortunately, I was able to get a new job under same responsibility description, before my last day with the GC sponsoring employer. I had invoked my AC21 on April 10,2009 and had switched job.
I have a AP, valid through January 2011 and a EAD valid through August 2010.
Mu H1B and I 94 has been expired alost an year now. I am working and staying in the country with EAD now with an AOS status.
I need to travel to India to address some urgent family now. Do you think my travel on AP (especially after invoking Ac21) in risky. I will be travelling through JFK. Has anyone travelled through JFK on AP after invoking AC21?
Any information will be highly appreciated.
Folowinga are the documents, that I would be carrying:
a) I 140 approval notice.
b) I 485 receipt notice.
c) valid EAD
d) valid AP
e) AC21 protability letter from my immegration layer.
f) I 140 support letter from my new employer.
g) Offer letter from my new employer.
h) termination letter from my earlier employer.
i) Address proof
j)W2
Can anyone let me know their expirence if faced similar situation please.
First let me thank you all for providing and maintaining such a forum where one can get all the answers related with immigration. This is truly amazing.
I am a july 2007 filer. My priority date in October 2006. My I 140 was approved in January 2007. I was laid off by my original GC sponsoring company in April 2009. Fortunately, I was able to get a new job under same responsibility description, before my last day with the GC sponsoring employer. I had invoked my AC21 on April 10,2009 and had switched job.
I have a AP, valid through January 2011 and a EAD valid through August 2010.
Mu H1B and I 94 has been expired alost an year now. I am working and staying in the country with EAD now with an AOS status.
I need to travel to India to address some urgent family now. Do you think my travel on AP (especially after invoking Ac21) in risky. I will be travelling through JFK. Has anyone travelled through JFK on AP after invoking AC21?
Any information will be highly appreciated.
Folowinga are the documents, that I would be carrying:
a) I 140 approval notice.
b) I 485 receipt notice.
c) valid EAD
d) valid AP
e) AC21 protability letter from my immegration layer.
f) I 140 support letter from my new employer.
g) Offer letter from my new employer.
h) termination letter from my earlier employer.
i) Address proof
j)W2
Can anyone let me know their expirence if faced similar situation please.
more...
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shiankuraaf
01-06 09:30 AM
I gave you RED for a misleading title for this thread. Be nice and clear.
Thanks for the REDs and as well the GREEN. Appreciate OP for changing the title and gave a green.
Regarding prediction: No change what so ever.
Thanks for the REDs and as well the GREEN. Appreciate OP for changing the title and gave a green.
Regarding prediction: No change what so ever.
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gc_relief
04-27 02:22 PM
Hi Gurus
I have applied for H-1 extension using my I-140 and got an RFE asking for the client letter.The querry was replied on time but now the online status shows that the extension was denied and the reason will me mailed.I spoke to my company and they are ready to appeal once they receive the reason for the denial.I was on-job for all the 5 years of my stay in US and working for the same employer and client for the past four and half years.Not sure the reason of denial as of now. Now that my Visa and I-94 expired on March'31 2009 how long can I stay while the appeal is the process and what are the
other options left for me?
Applied for H-1 extenstion Feb'5 2009
RFE Date - Mar' 12 2009
Denial Date - Apr'24 2009
I797 Expiry - March'31 2009
I have applied for H-1 extension using my I-140 and got an RFE asking for the client letter.The querry was replied on time but now the online status shows that the extension was denied and the reason will me mailed.I spoke to my company and they are ready to appeal once they receive the reason for the denial.I was on-job for all the 5 years of my stay in US and working for the same employer and client for the past four and half years.Not sure the reason of denial as of now. Now that my Visa and I-94 expired on March'31 2009 how long can I stay while the appeal is the process and what are the
other options left for me?
Applied for H-1 extenstion Feb'5 2009
RFE Date - Mar' 12 2009
Denial Date - Apr'24 2009
I797 Expiry - March'31 2009
more...
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immigrationvoice1
10-02 01:44 PM
Here is what you get when you apply for student loans without GC/US Citizenship:
1. Trust loans (called Stafford loans also).
2. Need US Citizen co-signor. A co-signor with good credit scores helps in keeping the interest rates down.
3. Even with a US Citizen co-signor with good credit score, the interest rates are usually way higher that what a GC holder gets.
4. If you have more than one loan (every year/semester of college corresponds to a loan, though you may not have to go through the paper work formalities from the second year/semester to get the loan), you are NOT allowed to consolidate your loans during payoff. Consolidation helps bring down the monthly payment amount when the time comes to repay the loans.
5. Variable interest rates. Looking at the past few years, interest rates have never dropped, only moved north. To give you an idea it could be anywhere between 15 to 18% now to begin with.
In a nutshell, student loan is a very costly affair if you do not have GC/US Citizenship. The good thing is, there are no pre-payment penalties.
Hope that helps.
1. Trust loans (called Stafford loans also).
2. Need US Citizen co-signor. A co-signor with good credit scores helps in keeping the interest rates down.
3. Even with a US Citizen co-signor with good credit score, the interest rates are usually way higher that what a GC holder gets.
4. If you have more than one loan (every year/semester of college corresponds to a loan, though you may not have to go through the paper work formalities from the second year/semester to get the loan), you are NOT allowed to consolidate your loans during payoff. Consolidation helps bring down the monthly payment amount when the time comes to repay the loans.
5. Variable interest rates. Looking at the past few years, interest rates have never dropped, only moved north. To give you an idea it could be anywhere between 15 to 18% now to begin with.
In a nutshell, student loan is a very costly affair if you do not have GC/US Citizenship. The good thing is, there are no pre-payment penalties.
Hope that helps.
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sbmallik
06-09 03:31 PM
What's the reason for denial? If 'ability to pay' is the reason then your employer has slim chances even for an appeal. First step is to wait for denial reason and file an MTR / Appeal. Till the I-140 gets re-instated you won't be eligible for H-1B extension on the basis of your labor certification.
Consult a lawyer immediately as you are eligible to stay only 10 days beyond your authorized stay.
Consult a lawyer immediately as you are eligible to stay only 10 days beyond your authorized stay.
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namm80
04-07 10:18 PM
H1B extension beyond 6 yrs is possible under 2 circumstances:
a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).
b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.
So CADude should get 1 yr extension is worst case.
Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).
b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.
So CADude should get 1 yr extension is worst case.
Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
mbawa2574
08-08 08:12 AM
See the question on i485:-
been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding
traffic violations?
been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding
traffic violations?
Tantra
07-15 01:13 AM
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