arunkotte
09-07 12:45 PM
I am in great need of some suggestions. I hold a MS degree in computer science and graduate in 2004 dec. Since then I have been with the same employer.
Now that he is filing for my LC. Is it difficult to get through with MS+0yrs of expereince ?
Also, at this point of time i have found other employers who is willing to do my GC in which case I will have MS+2 yrs of expereince.
Is it worth changing employer for gaining 2 yrs of expereince for my LC.
Does this really make my case more stronger ? or I am just OVER REACTING ? and doing unneccessary thing
DOES THE EXPEREINCE with MS makes it better for EB2 ?
Please let me know if there are some experts out there
It doesn't matter. I had my EB2 approved with MS+0. Just make sure the job description explicitly mentions MS with no further experience.
Now that he is filing for my LC. Is it difficult to get through with MS+0yrs of expereince ?
Also, at this point of time i have found other employers who is willing to do my GC in which case I will have MS+2 yrs of expereince.
Is it worth changing employer for gaining 2 yrs of expereince for my LC.
Does this really make my case more stronger ? or I am just OVER REACTING ? and doing unneccessary thing
DOES THE EXPEREINCE with MS makes it better for EB2 ?
Please let me know if there are some experts out there
It doesn't matter. I had my EB2 approved with MS+0. Just make sure the job description explicitly mentions MS with no further experience.
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makemygc
06-14 10:52 AM
Guys,
Don't create new thred for every single question you have.. You can find right thred and put it there..
Yes you can file for 485 even though your H1B extension is pending.
Lets use this thread for I485 and H1 Ext queries. Anil can you change the title to look like this "All I485 and H1 Ext Issues related postings here".
I also have a similar question. I've to file for 3 yr H1 ext on basis of approved I-140. Immigration-law.com says that there could be an issue with that:-
*************************************************
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease.
***************************************
Can someone has done this earlier and can put their experience in. Please.
Don't create new thred for every single question you have.. You can find right thred and put it there..
Yes you can file for 485 even though your H1B extension is pending.
Lets use this thread for I485 and H1 Ext queries. Anil can you change the title to look like this "All I485 and H1 Ext Issues related postings here".
I also have a similar question. I've to file for 3 yr H1 ext on basis of approved I-140. Immigration-law.com says that there could be an issue with that:-
*************************************************
It is uncertain how this visa number change will affect the pending H-1B extension petitions beyond six years under 104(c) based on the approved I-140 petition. There is some chance that it may be denied. Additionally, those who need H-1B extension beyond six years and are not eligible for one-year increment extention because 360 days have not passed since the filing of labor certification or I-140 petition (labor certification waiver cases) will face a problem in extending the H-1B status. They should, however, take advantage of 245(K) benefit that makes I-485 eligible inasmuch as the unauthorized employment or unalwful status did not last more than 180 days since the latest admission to the United States. Those who can file the I-485 timely under 245(K) should cease.
***************************************
Can someone has done this earlier and can put their experience in. Please.
kirupa
03-27 01:30 AM
gesfox - added :)
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go2roomshare
02-20 05:30 PM
Can this be used to know how many cases filed in 2000 to 2003 and will it be useful to pridict PD movement??
more...
waitingnwaiting
02-11 12:00 PM
I suggest IV not sharing any more information to free members like us. Sensitive information should not be shared. Even anti immigrants read our forums. We will know if IV thinks it is okay to share. Let people who give their time and money to IV to help us have it as an incentive for helping all of us. Getting a bill passed is more important than knowing about the bill.
sunray
10-07 03:57 PM
hi,
I am in a similar situation.
I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
I got the approval yesterday with a letter saying that my extension of stay has been rejected.
The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).
Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?
Any advice is valuable to me.
Thanks in advance.
I am in a similar situation.
I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
I got the approval yesterday with a letter saying that my extension of stay has been rejected.
The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).
Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?
Any advice is valuable to me.
Thanks in advance.
more...
abe1
12-27 12:07 AM
Hope some of you might have seen the Wall Street Journal story this weekend on visas/Green Cards for owners of start-up businesses. (Foreign Entrepreneurs Eye StartUp Visa Act - WSJ.com (http://online.wsj.com/article_email/SB10001424052748704694004576020001550357580-lMyQjAxMTAwMDIwNTEyNDUyWj.html) )
According to the story there is broad consensus for a program to offer green card to foreign nationals who can bring in as low as $100,000 to start a new business in U.S. While this may not be an option for most of the folks in this forum, the premise of the proposed law has something in common with all of us.
The law is proposed by senators John Kerry (D) and Richard Lugar (R) on the principle that immigrants are more willing to be entrepreneurial and hence offering permanent residency to foreigners who will open a small business will increase the employment opportunities in U.S. Endorsing the entrepreneurial mind of new immigrants WSJ sights that; “Immigrants are nearly 30% more likely to start a business than non-immigrants ” and “about a third of Silicon Valley technology firms were started by Indian or Chinese entrepreneurs” . If the proposed bill is attempting to attract skilled and entrepreneurial minded immigrants into U.S. as a means to increase employment why not U.S. look into the pool of highly skilled and eager folks waiting for a green card for many years? Wouldn’t these folks be highly likely to open a new small business than someone from outside of the U.S. with no U.S. business background? If we are to take cues from the one third of the Silicon Valley entrepreneurs wouldn’t a good number of these people waiting for green card open up the starts up businesses that senators Kerry and Lugar are hoping to .
Would it be worth writing on behalf of Immigration Voice to senators Kerry and Lugar to consider the pool of potential entrepreneurs minded people already in U.S. and have been waiting for an opportunity to realize their entrepreneurial dreams? I don’t have the actual numbers. Aren’t there about 30 or 40,000 people who have been in U.S. with an approved immigration petition but waiting for a green card for many years? Could IV put forward a win-win propositions for everyone?
According to the story there is broad consensus for a program to offer green card to foreign nationals who can bring in as low as $100,000 to start a new business in U.S. While this may not be an option for most of the folks in this forum, the premise of the proposed law has something in common with all of us.
The law is proposed by senators John Kerry (D) and Richard Lugar (R) on the principle that immigrants are more willing to be entrepreneurial and hence offering permanent residency to foreigners who will open a small business will increase the employment opportunities in U.S. Endorsing the entrepreneurial mind of new immigrants WSJ sights that; “Immigrants are nearly 30% more likely to start a business than non-immigrants ” and “about a third of Silicon Valley technology firms were started by Indian or Chinese entrepreneurs” . If the proposed bill is attempting to attract skilled and entrepreneurial minded immigrants into U.S. as a means to increase employment why not U.S. look into the pool of highly skilled and eager folks waiting for a green card for many years? Wouldn’t these folks be highly likely to open a new small business than someone from outside of the U.S. with no U.S. business background? If we are to take cues from the one third of the Silicon Valley entrepreneurs wouldn’t a good number of these people waiting for green card open up the starts up businesses that senators Kerry and Lugar are hoping to .
Would it be worth writing on behalf of Immigration Voice to senators Kerry and Lugar to consider the pool of potential entrepreneurs minded people already in U.S. and have been waiting for an opportunity to realize their entrepreneurial dreams? I don’t have the actual numbers. Aren’t there about 30 or 40,000 people who have been in U.S. with an approved immigration petition but waiting for a green card for many years? Could IV put forward a win-win propositions for everyone?
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Alex
05-30 10:13 PM
i wish i would of noticed this battle earlyer, it would of been alot of fun.
Soul has my vote.
Good job everyone! :)
Soul has my vote.
Good job everyone! :)
more...
paskal
08-22 03:44 PM
there's a nice amtrak ride from buffalo to ny- i've been on it many years ago
that's something to consider too, you could join the NY busgoers once you reach union station!
that's something to consider too, you could join the NY busgoers once you reach union station!
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gemini23
07-17 02:23 PM
Excerpt from Gregs blog and comments :(
"Things are going SOUTH . No agreement and No relief.
Class action is the only option. USCIS just wanted to test the waters and now they don't want to settle. Every thing else is just rumor mill. Every one who claimed to know the insider info was just taken for a ride. Welcome to beltway politics 101."
OK. Now we have this new thread about the "comment" made some anonymous user "south" made on a blog by siskind, and siskind himself is looking at IV for new updates. Man, give us a break. That comment was not made by siskind, but it was made by some user on his blog.
Thanks, but keep moving.
"Things are going SOUTH . No agreement and No relief.
Class action is the only option. USCIS just wanted to test the waters and now they don't want to settle. Every thing else is just rumor mill. Every one who claimed to know the insider info was just taken for a ride. Welcome to beltway politics 101."
OK. Now we have this new thread about the "comment" made some anonymous user "south" made on a blog by siskind, and siskind himself is looking at IV for new updates. Man, give us a break. That comment was not made by siskind, but it was made by some user on his blog.
Thanks, but keep moving.
more...
gcformeornot
04-07 01:48 PM
I hope it doesn't affect Employee (original labor) who have left GC employer using AC-21 with approved I-140 and after 180 days.
This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.
it affects the ORIGINAL applicant. AAO says the burden is on original applicant to prove wrongdoing by either employer or substituted new employee...
"applicant failed to establish that the substituted alien improperly adjusted status"
This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.
it affects the ORIGINAL applicant. AAO says the burden is on original applicant to prove wrongdoing by either employer or substituted new employee...
"applicant failed to establish that the substituted alien improperly adjusted status"
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mpadapa
10-09 01:32 PM
IMHO.. Its better to resolve the out-of-status issues before U file for 485. Please consult a good attorney.
If things are cleared out, its a smooth sailing for U since U are from EB2 ROW. Since U are planning to marry, its better to marry and then file for 485. U donno sometimes USCIS goes into an approval frenzy, U might get U'r GC approved soon and thus U'r wife might have to wait for yrs to get GC. If U'r wife comes to US before U'r GC approval, its a different story as explained by glus.
If things are cleared out, its a smooth sailing for U since U are from EB2 ROW. Since U are planning to marry, its better to marry and then file for 485. U donno sometimes USCIS goes into an approval frenzy, U might get U'r GC approved soon and thus U'r wife might have to wait for yrs to get GC. If U'r wife comes to US before U'r GC approval, its a different story as explained by glus.
more...
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Sakthisagar
10-14 10:32 AM
Source The OH law firm
The Oh Law Firm (http://www.immigration-law.com/)
10/14/2010: USCIS Pre-Registration Requirement Rule-Making Agenda in Nonimmigrant and Immigrant Proceedings - How Soon?
The USCIS has been pushing proposals to change procedures of filing of nonimmigrant petitions as well as I-485 applications for sometime. The agency placed these proposals on its agenda this year and surely enough, it has initiated the first part of its agenda in its rule-making vault. The agency drafted and has been seeking the OMB approval for proposed regulation to require pre-registration of the H-1B petitions, apparently as part of its business transformation transition program. It appears that the proposed pre-registration requirement in the H-1B petition process may not bring a drastic impact on the H-1B petitioning employers and the alien beneficiaries. However, its agenda for requiring I-485 applicants to pre-register their intents to file I-485 applications regardless of the visa number availability in the Visa Bulletin will have a significant impact on the immigrants because the proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants and would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. In plain language, it means that it would terminate the current I-140 and I-485 concurrent filing procedure. The agency justification was to streamline the overall I-485 process and to mitigate visa retrogression through improved estimation of immigrant visa availability. This proposal is still in the vault of the USCIS rule-making agenda with the initial estimation of the proposed rule initiation action in October 2010. We have no information as to whether or not the agency will keep this schedule or will rather turn it over to FY 2011. Whether it initiates sooner or later, it will not have an immediate impact on the foreign workers seeking a green card as the rule-making process will drag into months to come in year 2011. But this is something one has to keep an eye on the development of the USCIS schedules of changes in application procedures. For the reasons, this site will closely monitor the agency's movement from here on. Please stay tuned to this web site for the development of this news.
The Oh Law Firm (http://www.immigration-law.com/)
10/14/2010: USCIS Pre-Registration Requirement Rule-Making Agenda in Nonimmigrant and Immigrant Proceedings - How Soon?
The USCIS has been pushing proposals to change procedures of filing of nonimmigrant petitions as well as I-485 applications for sometime. The agency placed these proposals on its agenda this year and surely enough, it has initiated the first part of its agenda in its rule-making vault. The agency drafted and has been seeking the OMB approval for proposed regulation to require pre-registration of the H-1B petitions, apparently as part of its business transformation transition program. It appears that the proposed pre-registration requirement in the H-1B petition process may not bring a drastic impact on the H-1B petitioning employers and the alien beneficiaries. However, its agenda for requiring I-485 applicants to pre-register their intents to file I-485 applications regardless of the visa number availability in the Visa Bulletin will have a significant impact on the immigrants because the proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants and would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. In plain language, it means that it would terminate the current I-140 and I-485 concurrent filing procedure. The agency justification was to streamline the overall I-485 process and to mitigate visa retrogression through improved estimation of immigrant visa availability. This proposal is still in the vault of the USCIS rule-making agenda with the initial estimation of the proposed rule initiation action in October 2010. We have no information as to whether or not the agency will keep this schedule or will rather turn it over to FY 2011. Whether it initiates sooner or later, it will not have an immediate impact on the foreign workers seeking a green card as the rule-making process will drag into months to come in year 2011. But this is something one has to keep an eye on the development of the USCIS schedules of changes in application procedures. For the reasons, this site will closely monitor the agency's movement from here on. Please stay tuned to this web site for the development of this news.
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desigirl
12-02 10:12 AM
As i had indicated earlier, I spoke with my employer, he cannot do anything in terms of lobbying - but has agreed to do things. He will donate to IV and he will write a letter stating that small businesses like ours need to be able to fully utilize the capabilities of the employers...and it helps to have the green card.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
Not sure who the letter needs to be addressed to, any suggestions would be helpful.
more...
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jsb
02-06 12:24 PM
Cris,
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
As others have replied, "under review" means, it is somewhere in the stacks of files. They may not even know where it is.
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
As others have replied, "under review" means, it is somewhere in the stacks of files. They may not even know where it is.
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desi3933
07-20 04:29 PM
My H1 is expiring in Oct 2008 and my employer did not allow me to apply for EAD.
As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.
about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.
You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.
>> If you don't have a valid H1 and no EAD, you are out of status
Partly correct. One is out of status ONLY if he/she is working without H1 or EAD. Without H1 or EAD one is allowed to stay without working (unpaid leave of absence) while I-485 is pending.
_____________________
Not a legal advice.
As for your questions, If you don't have a valid H1 and no EAD, you are out of status. That can have an adverse effect on your I-485 if such period exceeds 180 days.
about the 90-day thing, USCIS used to allow you to walk into a local office and get an interim EAD if your EAD application is pending for 90 days or more, but they seem to have discontinued that practice. Moreover, it will take much longer than 90 days now to get an EAD.
You can apply EAD yourself but you need the I-485 receipt notice for that and I'm sure such employer won't give that to you either.
>> If you don't have a valid H1 and no EAD, you are out of status
Partly correct. One is out of status ONLY if he/she is working without H1 or EAD. Without H1 or EAD one is allowed to stay without working (unpaid leave of absence) while I-485 is pending.
_____________________
Not a legal advice.
more...
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pappu
12-01 04:44 PM
Thanks for your input guys. can the job description be changed now for an labor petition that has been filed before? My lawyer made me fill a questionnare and lot of other things about what I do. She picked up main lines from my resume and filled it up on my job description.
I dont think you can change now.
However this is something we all need to watch out when labor is filed/during the GC process. Review all the papers before they are submitted. Sometimes lawyers dont show it but you must try to insist on seeing them especially if you are paying for your GC process.
I dont think you can change now.
However this is something we all need to watch out when labor is filed/during the GC process. Review all the papers before they are submitted. Sometimes lawyers dont show it but you must try to insist on seeing them especially if you are paying for your GC process.
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CADude
01-12 01:20 PM
This is illegal to send passport across country. Talk to Attorney. I will suggest for India trip, if required or notirized copy of passport.
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black_logs
04-13 08:47 AM
Guys please send your comments befor it is too late.
http://immigrationvoice.org/forum/showthread.php?t=584
http://immigrationvoice.org/forum/showthread.php?t=584
kapilgogia
03-17 07:00 PM
Hi,
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
nmdial
04-21 01:49 PM
We moved from NYC to Houston back in September 2009. If you want to talk, please send me a private message.
Where r u moving from?
Central PA
Where r u moving from?
Central PA
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