va_labor2002
09-24 05:44 PM
Dear Core Team and other Members,
Rajiv Chandrasekaran is an assistant managing editor of The Washington Post, where he has worked since 1994. He lives in Washington, D.C.
He had published an article on the Sept 17 Washington Post Main Page.He is a well known reporter in DC area. I think he is originally from India. If you search his name in google ,you will get lot of hits !
I sent an email to him ,requesting to publish an article on legal immigration issues. Please send him an email. Also, please send some documents and real stories to his address by Post. email id is : rajiv@washpost.com
Contact Rajiv Chandrasekaran at:
The Washington Post
1150 15th Street, NW
Washington, DC 20071
(202) 334-6000
rajiv@washpost.com
Rajiv Chandrasekaran is an assistant managing editor of The Washington Post, where he has worked since 1994. He lives in Washington, D.C.
He had published an article on the Sept 17 Washington Post Main Page.He is a well known reporter in DC area. I think he is originally from India. If you search his name in google ,you will get lot of hits !
I sent an email to him ,requesting to publish an article on legal immigration issues. Please send him an email. Also, please send some documents and real stories to his address by Post. email id is : rajiv@washpost.com
Contact Rajiv Chandrasekaran at:
The Washington Post
1150 15th Street, NW
Washington, DC 20071
(202) 334-6000
rajiv@washpost.com
Bpositive
03-17 01:36 PM
did anyone get reimbursed for the medical exams - physicals and vaccinations?
i am having a hard time getting my provider submit the claims to the insurance company.
i am having a hard time getting my provider submit the claims to the insurance company.
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?
googlegc
04-07 09:58 AM
1. YES
2. NO
3. YES
4. NO
I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.
I would like to know the following -
1) Has someone else also faced a similar issue ?
2) If so , is there a way to get them to send me a copy of th 140 approval notice
3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
Thanks
2. NO
3. YES
4. NO
I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.
I would like to know the following -
1) Has someone else also faced a similar issue ?
2) If so , is there a way to get them to send me a copy of th 140 approval notice
3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
Thanks
more...
surabhi
05-21 09:29 AM
(a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)
2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
4.there is no premium processing yet for I-140
5.It has no bearing. Its upto you.
6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
7. See above
this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.
(b) I have an approved I-140
(c) My 485 has not been filed yet
(d) I just got my H1 approved and it would be effective from Oct 1 2008
So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,
1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)
2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?
3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?
4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)
5) Within how many days of joining my new Employer B should I file my new I-140?
6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?
7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?
Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.
1. yes, you should refile your I-140 . In fact you should start from labor ( to your Q# 7)
2. You cannot directly file I-140 . you should start from labor, but you can port your eariler PD
3. Revoking earlier I-140 has noo bearing on new labor / I-140 app, since you are not in I-1485 yet.
4.there is no premium processing yet for I-140
5.It has no bearing. Its upto you.
6. Even if it cannot be used for another person, one genuine reason why employers would want to revoke is to avoid RFEs regarding "Ability to Pay" for other employees they are still sponsoring. By not revoking your I-140, their ability to pay will be reduced by that much amount.
7. See above
this is all based on my knowledge of a friend who has gone thru similar process. Please validate with an attorney.
dixie
08-02 09:05 PM
Hi,
I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).
This is just a part of the job description:
- BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.
Thanks.
As far as I know, EB2 is advanced degree OR 5+ yrs experience. I have less than 1 yr experience, but my firm is plans on filing my application in EB-2.
I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).
This is just a part of the job description:
- BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.
Thanks.
As far as I know, EB2 is advanced degree OR 5+ yrs experience. I have less than 1 yr experience, but my firm is plans on filing my application in EB-2.
more...
piyushmittal
05-04 06:46 PM
Did anybody had expierence that they missed a appointment for any reason. What to do next? Go to center and request for reschedule or call national service center?
lola
08-21 06:27 PM
apb,
Can you please update on what your lawyer advised to do? I had a misdemeanor (non traffic) charge in 01, that was dismissed as Nolle Prosequi (lack of evidence). I totally forgot about the incident and filed for 485 (self mailed on 6/30) Jul 2nd with out choosing YES. I got the disposition charges from the county court today and I need to update my case before I have further issues. I was NOT finger printed. NO Fines, NO community service, NO Probation and a normal criminal history record check at the county shows NONE. I never had issues with H1B stamping and traveling in and out of US. My labor is not substituted. My 140 is already approved
Can you please send me a PM with what forms your law firm is filing with USCIS? Are they planning to file a motion to reconsider by any chance? (or) Are you just filling another 485 form as an amendment? I don't have my receipts yet. If you can share your law firm info as well in a PM, it would be great.
Itstimenow,
How to send USCIS the document with out RFE? I heard that documentation sent without RFE's do not get the proper treatment. I am not saying that I will not send one in my case, but I would like to know the correct way to send documentation so that I can send the disposition as soon as I get receipts. I am also looking for an attorney and will not be doing this myself. I am just getting info as much as I can here. I am also filing for expungement as soon as I talk with an Immi attorney.
If I hire a different attorney than the company attorney, What kind of documentation would he/she require from my company? My company did not provide me with a copy of labor cert. I have a copy of approved 140. I am assuming I can get a copy of my labor cert through FOIA. Can some confirm that?
Can you please update on what your lawyer advised to do? I had a misdemeanor (non traffic) charge in 01, that was dismissed as Nolle Prosequi (lack of evidence). I totally forgot about the incident and filed for 485 (self mailed on 6/30) Jul 2nd with out choosing YES. I got the disposition charges from the county court today and I need to update my case before I have further issues. I was NOT finger printed. NO Fines, NO community service, NO Probation and a normal criminal history record check at the county shows NONE. I never had issues with H1B stamping and traveling in and out of US. My labor is not substituted. My 140 is already approved
Can you please send me a PM with what forms your law firm is filing with USCIS? Are they planning to file a motion to reconsider by any chance? (or) Are you just filling another 485 form as an amendment? I don't have my receipts yet. If you can share your law firm info as well in a PM, it would be great.
Itstimenow,
How to send USCIS the document with out RFE? I heard that documentation sent without RFE's do not get the proper treatment. I am not saying that I will not send one in my case, but I would like to know the correct way to send documentation so that I can send the disposition as soon as I get receipts. I am also looking for an attorney and will not be doing this myself. I am just getting info as much as I can here. I am also filing for expungement as soon as I talk with an Immi attorney.
If I hire a different attorney than the company attorney, What kind of documentation would he/she require from my company? My company did not provide me with a copy of labor cert. I have a copy of approved 140. I am assuming I can get a copy of my labor cert through FOIA. Can some confirm that?
more...
chanukya
10-01 05:49 PM
Same kind of comments by Hillary were slammed as racist comments, after which she had to re-tract or explain what she meant.
This is a kind of Type Casting all Indian-Americans as working for or owning 7/11 or Dun-kin Donuts, some people cannot see beyond that, as they are the day-to-day interactions they have with Indian-Americans....Remember we are still not Indian-Americans, we are still Indians only, but some are aspiring to be...
In politics, especially Election Season, anything you say will be portrayed as wrong by somebody....(bi-product of freedom of speech)....we 7/11 and Dunk-in Donut guys know well about this from our Indian Politics...Feeling kind of in India only, no difference, as far as politics is concerned, our guys have mastered this art of politics, may be US should outsource this also, they might be already doing this, we do not know.
So do not shoot the messenger....
This is a kind of Type Casting all Indian-Americans as working for or owning 7/11 or Dun-kin Donuts, some people cannot see beyond that, as they are the day-to-day interactions they have with Indian-Americans....Remember we are still not Indian-Americans, we are still Indians only, but some are aspiring to be...
In politics, especially Election Season, anything you say will be portrayed as wrong by somebody....(bi-product of freedom of speech)....we 7/11 and Dunk-in Donut guys know well about this from our Indian Politics...Feeling kind of in India only, no difference, as far as politics is concerned, our guys have mastered this art of politics, may be US should outsource this also, they might be already doing this, we do not know.
So do not shoot the messenger....
EndlessWait
07-09 01:08 PM
Interesting - CNN has Sanjay Gupta, Kiran Chetri etc... all highly skilled Asian Americans and still endorse Loo Doggs
lets not pick few desi names..by the way those are indian americans and lets not expect them to endorse us. They are just another american trying not to discuss about our issues for the same reason Lou Dobbs won't.
Ofcourse its protectionism for those who thought its a fair game!
lets not pick few desi names..by the way those are indian americans and lets not expect them to endorse us. They are just another american trying not to discuss about our issues for the same reason Lou Dobbs won't.
Ofcourse its protectionism for those who thought its a fair game!
more...
samrat_bhargava_vihari
06-26 02:26 PM
For sure it wont' happen. There is no practical way to implement it. So stop worrying about all these hypothetical issues.
Don't get into these kind of loop, unfortunately now a days people are unnecessary giving importance to these kind of rumors than daily activities.
Don't get into these kind of loop, unfortunately now a days people are unnecessary giving importance to these kind of rumors than daily activities.
ajju
02-28 01:33 PM
Per RFE for I485 they want the proof of Employment Authorization in US starting 12th April 2004 to present.
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
I had similar issue where H4 had 7 days of gap.. H1 had full continuity... I think it may be an issue if H1 has a gap...
Also, since the H4 in my case was applied & approved before the gap period.. per my lawyer its perfectly okay... This happens mostly as USCIS cannnot issue H4 with different start date from H1 if filed together...
Looks like yous is H1... So, probably you need to provide copy of 2nd H1 which was received/approved by USCIS before gap start date.. So you may be okay.. Or worst case it may be counted towards 180 days of out of status allowed...
But you must check with lawyer...
I was going thru my all the I-797 approvals for myself and I found that there is a discontinuity in one of the old approval notice.
WAC-01-XXX-XXXXX 07/15/2001 - 04/05/2004
WAC-04- XXX-XXXXX 04/30/2004 - 01/18/2005 (This approval start after 25 days)
But the extension petition was filed prior to expiration of WAC-01-XXX-XXXXX on 17th Dec. 2003. Approval notice has the receive date of 17th Dec 2003.
Could this gap be a issue, That is why they are asking starting 12th April 2004?
Per my Lawyer, no need to worry because the extension petition was filed before the expiration of other.
Please advice.
VS
I had similar issue where H4 had 7 days of gap.. H1 had full continuity... I think it may be an issue if H1 has a gap...
Also, since the H4 in my case was applied & approved before the gap period.. per my lawyer its perfectly okay... This happens mostly as USCIS cannnot issue H4 with different start date from H1 if filed together...
Looks like yous is H1... So, probably you need to provide copy of 2nd H1 which was received/approved by USCIS before gap start date.. So you may be okay.. Or worst case it may be counted towards 180 days of out of status allowed...
But you must check with lawyer...
more...
rbharol
08-23 04:50 PM
Oh yeah, we are seasoned with US immigration oil to look anything thrown to us in a positive manner.
be positive, be optimistic and things will happen on its due course. By that time you will be eligible to become sanyasi as you would have mastered the skills of patience and looking at +ve on -ves.
hmm no shootings now... I am venting my frustrations. You too can do.
Look at the positive in your post too. People goto Himalayas to become Sanyasi.
We are learning the virtue of patience here itself... ;) :D :cool:
be positive, be optimistic and things will happen on its due course. By that time you will be eligible to become sanyasi as you would have mastered the skills of patience and looking at +ve on -ves.
hmm no shootings now... I am venting my frustrations. You too can do.
Look at the positive in your post too. People goto Himalayas to become Sanyasi.
We are learning the virtue of patience here itself... ;) :D :cool:
reddog
07-01 03:09 PM
I am also ready to join in the lawsuit.
I didn't presser my parents about the bc and i took INS doctors appointment next week, thinking that dates are current for complete month why rush? so I can't file by tomorrow
You did the right thing. Nothing is going to retrogress atleast till the 15th of the month(this is when the Visa bulletin usually comes out).
************************************************** *******
I am not a lawyer, do not act one on TV and never stayed at a Holiday Inn.
I didn't presser my parents about the bc and i took INS doctors appointment next week, thinking that dates are current for complete month why rush? so I can't file by tomorrow
You did the right thing. Nothing is going to retrogress atleast till the 15th of the month(this is when the Visa bulletin usually comes out).
************************************************** *******
I am not a lawyer, do not act one on TV and never stayed at a Holiday Inn.
more...
TheCanadian
01-25 01:30 AM
I gotsta give it to the snow.
SK2007
07-11 02:51 PM
Just keep waiting. My PD was current for months now, but my 140 is still pending. just keep waiting.
more...
dpsg
03-06 08:46 PM
Buddy,
I know pessimism sometimes is hard on people who is giving everything to cause... But again concentrate on work we are doing. Ignore doom/gloom
from some members, because if you show them light at the end of tunnel,
many sitting on the fences will join... again suggest don't worry about it &
concentrate on goals/objectives.
good luck.
I know pessimism sometimes is hard on people who is giving everything to cause... But again concentrate on work we are doing. Ignore doom/gloom
from some members, because if you show them light at the end of tunnel,
many sitting on the fences will join... again suggest don't worry about it &
concentrate on goals/objectives.
good luck.
Jamin
08-16 09:56 AM
I had a similar situation and Bank of America CS sent me a good image of the check. Check with your bank as well by calling their CS.
CALLED USCIS .they said they cant transfer to level 2 operator to check receipt number...Is there any other way to find out?...will the bank be able to read and tell?
Thanks
CALLED USCIS .they said they cant transfer to level 2 operator to check receipt number...Is there any other way to find out?...will the bank be able to read and tell?
Thanks
vivekm1309
04-07 10:44 AM
Just sharing my experience, My company lawyer has provided me the photocopy of I140 approval, he didnot resist in anyway.
pappu
12-20 11:01 PM
I will also be attending this meeting. IV members from Tristate area are welcome to join.
thomachan72
05-31 07:11 AM
Please help....I am in a little bit precarious situation here...
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
Right now it would not be wise to make a shift and reapply for LC and stuff with the new comp. Well if getting a GC is not your primary concern then there shouldn't be any problem. Ideally I would wait until atleast august sept to make a decision. thats when we expect the final version of the new bill/law to be clear.
I am frustrated working for Company A and I have a job offer from Company B..
My question is if
1: my I140 is approved from company A and
2: have H1b extended for 3 years for company A
3: get the H1b transferred over to Company B and then
leave the Company A and join Company B
Now Company A revokes I140
Will by H1B with Company B still valid?
Right now it would not be wise to make a shift and reapply for LC and stuff with the new comp. Well if getting a GC is not your primary concern then there shouldn't be any problem. Ideally I would wait until atleast august sept to make a decision. thats when we expect the final version of the new bill/law to be clear.
No comments:
Post a Comment