acecupid
08-04 10:55 AM
It is good idea. I discussed this my lawyer and according to him, nowadays USCIS is very strict about it and trying to match the requirements of EB2 against the candidate's credentials. If it perfectly matches only they will approve. It will be an option for those guys with EB3 with PD past 2005 and with enough EB2 credentials, primarily a masters degree and if it from US, then great.
Please do not go into this option just by stating that I have 100 years experience with such and such company. I will say, if your are a masters degree holder (from US the best) and is employed with a major employer for more than 3-5 years, then only attempt this. Do not try it if you are employed with some Desi company. This is harm both the candidate and the employer.
My two cents worth!!!
My lawyers opinion was completely opposite to yours. It does not harm the employee nor the employer in any way. If it did then employer would never agree to it in the first place. Also, there is no effect on the existing EB3 application. There are numerous lawyers like Murthy and Ron Gotcher who have written articles on the ease with which this process is possible and published their success stories.
Maybe its time you got a new lawyer and maybe its time you posted your details on your profile.
Please do not go into this option just by stating that I have 100 years experience with such and such company. I will say, if your are a masters degree holder (from US the best) and is employed with a major employer for more than 3-5 years, then only attempt this. Do not try it if you are employed with some Desi company. This is harm both the candidate and the employer.
My two cents worth!!!
My lawyers opinion was completely opposite to yours. It does not harm the employee nor the employer in any way. If it did then employer would never agree to it in the first place. Also, there is no effect on the existing EB3 application. There are numerous lawyers like Murthy and Ron Gotcher who have written articles on the ease with which this process is possible and published their success stories.
Maybe its time you got a new lawyer and maybe its time you posted your details on your profile.
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grupak
03-06 06:46 PM
Thanks grupak! I was able to use PTO with my employer..
Is it possible to start working for the New employer (After filing H1B Transfer and getting the receipt) when on a PTO with current employer? Is this Legal to do so?
If first option is NOT legal, then can i have a GAP of 3 days (without Pay) between current employer (Last date) and new employment start date?
Thanks!!
PTO is a new one for me. Paid Time Off??
You can work with the new employer while H1B is pending, for 240 days as far as I know. There is premium processing if H1B doesn't come on time.
3 days without pay is not a gap in employment if the employer-employee relationship is maintained. Don't worry too much. Even in normal circumstances, it takes a few days to relocate.
Is it possible to start working for the New employer (After filing H1B Transfer and getting the receipt) when on a PTO with current employer? Is this Legal to do so?
If first option is NOT legal, then can i have a GAP of 3 days (without Pay) between current employer (Last date) and new employment start date?
Thanks!!
PTO is a new one for me. Paid Time Off??
You can work with the new employer while H1B is pending, for 240 days as far as I know. There is premium processing if H1B doesn't come on time.
3 days without pay is not a gap in employment if the employer-employee relationship is maintained. Don't worry too much. Even in normal circumstances, it takes a few days to relocate.
LostInGCProcess
10-07 05:15 PM
Dude the person apparently not in good mental state. People do crazy things with they are in such situation. Who knows what went wrong. May be he felt that his family would suffer without him and incorrectly thought to take them with him. He seems to be caring father until this tragic event. Please stop pointing finger and pray that god be with the families who lost them.
As much as I am saddened by the tragic event and my prayers are with the family, I still can't digest the fact that he killed all the family members. Whatever was going thru his mind, he was a coward. There was no need to take others life. I don't want to judge here, but I can talk about committing suicide which is totally wrong. He had NO RIGHT, NO EXCUSE whatsoever to take others life. Period. And I stand by my statement.
May be he felt that his family would suffer without him and incorrectly thought to take them with him.
You think this is a legit reason to take others lives? My friend I totally disagree with you. NO REASON would be compelling enough to take once life.
As much as I am saddened by the tragic event and my prayers are with the family, I still can't digest the fact that he killed all the family members. Whatever was going thru his mind, he was a coward. There was no need to take others life. I don't want to judge here, but I can talk about committing suicide which is totally wrong. He had NO RIGHT, NO EXCUSE whatsoever to take others life. Period. And I stand by my statement.
May be he felt that his family would suffer without him and incorrectly thought to take them with him.
You think this is a legit reason to take others lives? My friend I totally disagree with you. NO REASON would be compelling enough to take once life.
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hopefullegalimmigrant
04-18 10:08 PM
I am really not into my own/ or any one particular case. We need to start reignite an awareness for legal immigration overhaul. Does not matter what one's priority date is.
C'mon guys what ever has happened we need to reignite and restart the immigration torch
What can be done/ What needs to be done.... Lets do it
Can the guru's of the forum please let us know if there is a campaign we can start/restart. SOMETHING needs to be done, right now
C'mon guys what ever has happened we need to reignite and restart the immigration torch
What can be done/ What needs to be done.... Lets do it
Can the guru's of the forum please let us know if there is a campaign we can start/restart. SOMETHING needs to be done, right now
more...
sledge_hammer
02-06 12:06 PM
Somewhere in these forums I read somebody�s suggestion to rename the organization to legal-immigrants-first, or a similar sounding name. It may sound wholly redundant exercise to many of us, who are living the retrogression problem everyday, but it will make real difference in achieving our goals. We must first clearly identify and register ourselves in the eyes of leader of this country, before letting them know of our problems.
I second that wholeheartedly! Making them aware that we are not just about immigration, we are about LEGAL IMMIGRATION should be highlighted.
I second that wholeheartedly! Making them aware that we are not just about immigration, we are about LEGAL IMMIGRATION should be highlighted.
hopefulgc
08-14 10:01 AM
Thanks man.. if i ever write a mystery novel, you get a free copy!
If i don't write, you still get a free copy of some other NY times best seller!
WAAV GREAT LOGIC!!!! HOW COME I CANT THINK THIS WAY TO SOLVE THIS MISTERY. WAAV GENIUS IS HERE. YOU THE MAN. MAN U R VERY SMART. THATS IT. THATS HOW IT HAPPENED. UR IQ MUST BE VERY HIGH. :mad:
If i don't write, you still get a free copy of some other NY times best seller!
WAAV GREAT LOGIC!!!! HOW COME I CANT THINK THIS WAY TO SOLVE THIS MISTERY. WAAV GENIUS IS HERE. YOU THE MAN. MAN U R VERY SMART. THATS IT. THATS HOW IT HAPPENED. UR IQ MUST BE VERY HIGH. :mad:
more...
sriramkalyan
05-30 03:06 PM
YOu did nt know the reason ...
Homeland Security Dept Budget is based on Backlogs. More backlogs, more fees to renew H1B, EAD ...
Homeland Security Dept Budget is based on Backlogs. More backlogs, more fees to renew H1B, EAD ...
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gc??
11-12 09:31 AM
Is there a conspiracy, first there was delays in the processing of the EADs, now there is delay in the production of the EAD cards...
Are there more RFEs happening too?
My EAD renewal took almost 90 days to get approved, and my employer was ready to let me go if I did not get the approval before my EAD expired. Just made it with 2 days to spare.
Are there more RFEs happening too?
My EAD renewal took almost 90 days to get approved, and my employer was ready to let me go if I did not get the approval before my EAD expired. Just made it with 2 days to spare.
more...
ramaonline
07-10 02:15 PM
This part refers to family benefits, i.e. payments to spouse based on your SS contributions.
The family benefits are explained on the ss website but there is no clear information about how the worker will get the benefits. On further digging, I found a document which indicates that the worker must be in the US to get the benefits.
The family benefits are explained on the ss website but there is no clear information about how the worker will get the benefits. On further digging, I found a document which indicates that the worker must be in the US to get the benefits.
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n.sravan
11-10 09:03 PM
Thanks a lot for all of ur suggetions..
I am glad to inform you all that despite of all these various varities of problems, SSN is issued and currently preparing to apply for jobs...
I will still try to move USCIS to correct my name..
I am glad to inform you all that despite of all these various varities of problems, SSN is issued and currently preparing to apply for jobs...
I will still try to move USCIS to correct my name..
more...
YesWeWillGet
11-29 11:05 AM
Congratulations to you and your family.
Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)
It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.
I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!
Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!
Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless!
Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)
It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.
I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!
Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!
Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless!
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IVMovies
11-21 09:55 AM
I was excited and I am really interested in this idea.
alas I am not from Bay Area ...Good Luck anyway
You can participate even you are not from bay area. Send me PM for more details.
alas I am not from Bay Area ...Good Luck anyway
You can participate even you are not from bay area. Send me PM for more details.
more...
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indyanguy
06-13 06:01 PM
If my EB3 140 is pending and if when I apply for EB2 140, I dont have the approval, can the interfile be done at the later date?
I am seriously considering porting my date. Any idea how much approx it would cost for the PERM + 140 process (lawyer and USCIS fee)?
Also, if both EB3 and EB2 are with the same company, is it required that the EB3 position is different from the EB2 position? Do I have to get promoted?
I am seriously considering porting my date. Any idea how much approx it would cost for the PERM + 140 process (lawyer and USCIS fee)?
Also, if both EB3 and EB2 are with the same company, is it required that the EB3 position is different from the EB2 position? Do I have to get promoted?
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gg10004
07-19 04:04 PM
Nothing would be done until we fight the crap
USCIS will get their millions and sit on the files and get more millions through renewals. By that time your employer would have sucked the last drop of blood or keep finding new employers who will port your 485.
This is just a temporaray relief to feel good.
If they wanted you would automatically get a PR once you complete 5 years of legal work in US
Guys dont get trapped. Since USCIS is exposed now and forced to accept 1 million application for AOS, these things are coming up. USCIS and DHS are the pets of US Govt. Govt wont let them down under any circumstances.
Now that USCIS and DHS realized the moster coming on their head down the line in the name of GC / EAD / AP and they have maintained the lie with dis-honesty all these years that they could not process 485s because of the lack of resource, they have fallen flat on US Congress to bail them out. Whatever solutions they have had in their disposal all these years they are taking them out and discussing with congress. If they wanted to be really helpful to the highly skilled immigrants, they should have done this long back. All these days they all were anti-immigrants and the ex-director of USCIS was a active member of anti-immigrant community.
You dont have to do anything. Just sit and watch the fun with USCIS. They will come up with solutions and get it passed with congress and they know better than any one else that they are in trouble without solutions. Lots of LAWSUITS will follow in next few months if they dont do their job on time.
USCIS will get their millions and sit on the files and get more millions through renewals. By that time your employer would have sucked the last drop of blood or keep finding new employers who will port your 485.
This is just a temporaray relief to feel good.
If they wanted you would automatically get a PR once you complete 5 years of legal work in US
Guys dont get trapped. Since USCIS is exposed now and forced to accept 1 million application for AOS, these things are coming up. USCIS and DHS are the pets of US Govt. Govt wont let them down under any circumstances.
Now that USCIS and DHS realized the moster coming on their head down the line in the name of GC / EAD / AP and they have maintained the lie with dis-honesty all these years that they could not process 485s because of the lack of resource, they have fallen flat on US Congress to bail them out. Whatever solutions they have had in their disposal all these years they are taking them out and discussing with congress. If they wanted to be really helpful to the highly skilled immigrants, they should have done this long back. All these days they all were anti-immigrants and the ex-director of USCIS was a active member of anti-immigrant community.
You dont have to do anything. Just sit and watch the fun with USCIS. They will come up with solutions and get it passed with congress and they know better than any one else that they are in trouble without solutions. Lots of LAWSUITS will follow in next few months if they dont do their job on time.
more...
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hoolahoous
02-29 01:50 AM
I believe the H1B status ceases after the date of your termination ( i.e. you stop working for the H1 sponsoring employer ). That is the zero tolerance policy of USCIS. Now, one should use AC21 and notify USCIS before the I-485 is approved ( with previous employer as sponsoring entity ).
please don't post information you are not sure of. unless employer withdraws H1 there is no way USCIS can know of this. (Employers are not legally bound to file for H1 withdrawal) Also I would like to know the source of your 'zero tolerance' policy in regards to H1. In fact they forgive upto 6 months of 'unauthorized' employment when processing I-485. (http://www.murthy.com/news/n_nscuna.html). If they wanted to have 'zero tolerance' they would have forced employers to withdraw H1 or atleast inform USCIS of layoff.
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
please don't post information you are not sure of. unless employer withdraws H1 there is no way USCIS can know of this. (Employers are not legally bound to file for H1 withdrawal) Also I would like to know the source of your 'zero tolerance' policy in regards to H1. In fact they forgive upto 6 months of 'unauthorized' employment when processing I-485. (http://www.murthy.com/news/n_nscuna.html). If they wanted to have 'zero tolerance' they would have forced employers to withdraw H1 or atleast inform USCIS of layoff.
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
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vinzak
10-14 09:19 PM
Wouldn't the OP and his wife need some kind of visa to live in India until he figures "out a way to bring her on here on student visa or something"? I did not realize India was such an easy transit country especially for people of non-Indian origin.
who said anything about India or transiting in India??
who said anything about India or transiting in India??
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jnraajan
06-17 04:08 PM
The only major issue I see here is "Reasonable notice period"? what is considered to be sufficient notice period? If they say it is 2 weeks, then I dont see a problem in that. Most companies would expect that you provide them with atleast 2 weeks notice before leaving employment. This is normal. But without specifying anything of that sort, it is scary. After you sign the agreement, the company might come back and say, the sufficient notice period is 3 months, Then you are screwed. So, clear those things up.
As far as the accuracy is timesheets are concerned, those are pretty much standard language. Since you will get your timesheet signed by your client manager and always have a copy of this timesheet, you will be safe. Also, tranfering your billing is always part of any non-compete agreement. Not just with Desi consultants.
So, the only thing I see is the broader scope of the reasonable notice period. IF you can get that cleared and have the number of days of notice period expected in the agreement, you should be ok.
As far as the accuracy is timesheets are concerned, those are pretty much standard language. Since you will get your timesheet signed by your client manager and always have a copy of this timesheet, you will be safe. Also, tranfering your billing is always part of any non-compete agreement. Not just with Desi consultants.
So, the only thing I see is the broader scope of the reasonable notice period. IF you can get that cleared and have the number of days of notice period expected in the agreement, you should be ok.
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go_guy123
05-09 09:44 AM
It does not matter if you work for fortune 500. There could still be fraud or suspecion. Read Indian IT cos face US visa fraud woes - Corporate News - livemint.com (http://www.livemint.com/2011/04/11164715/indian-it-cos-face-us-visa-fra.html)
There has been years if not decades of abuse of US visa by most IT consulting/services companies. Eventually it reached epidemic proportions and eventually we are seeing a massive crackdown.
There has been years if not decades of abuse of US visa by most IT consulting/services companies. Eventually it reached epidemic proportions and eventually we are seeing a massive crackdown.
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bkam
04-09 05:25 PM
I am not of Indian origin but I participate in this forum, contribute and support the basic goals of IV. I do that because I feel that these people are doing the right thing which would benefit all "legals". The more "other legals" join the IV, the better... and nobody stops them... And if some of the "other legals" desire to join the core team and to share time and energy for this couse I am sure he/she would be accepted and his/her efforts appreciated. Let's not just criticise the lack of diversity but do something in this regard. Reality is that Indians got together and started this fight.
And note - I personally do not believe too much that we will achieve our goals in relatively short time and I have my "plan B". But I believe that it worth trying, therefore I support. Several hundreds dollars wasted and some time spent in this forum is not too much for such cause and may turn to be a "profitable investment" (visa-wise) :-) Let's appreciate what the Indians are doing and help their noble fight with some dollars and time - everyone will benefit...
And note - I personally do not believe too much that we will achieve our goals in relatively short time and I have my "plan B". But I believe that it worth trying, therefore I support. Several hundreds dollars wasted and some time spent in this forum is not too much for such cause and may turn to be a "profitable investment" (visa-wise) :-) Let's appreciate what the Indians are doing and help their noble fight with some dollars and time - everyone will benefit...
sreenivas11
08-14 02:19 PM
Can i re-enter with AP if H1 stampping rejected?
felix31
05-03 11:59 AM
I'm not concerned about he being anti-latino but he is anti-immigrant he feels immigration is destroying the American Culture.
well,
I think everyone should be concerned, because today he is anti-latino, tomorrow he is anti-Indian or anti-European...I mean, I really dont see the difference. I am not Hispanic, but I am very very concerned.
At my Grad school, we did a research on the gentleman in question and had a debate about different types of discrimination.
One is for certain. Today, undocumented people are very much in the spotlight, but make no mistake, all immigrants weather legal or illegal have been accused of stealing American jobs away.
The way I see it, we are all in the same boat...
Many people I know have expressed their frustration with the state od Education here "why dont we fix our education so that we can produce our own people so that we have our place in the global economy and we dont have to depend on foreign scientists"?.
Dont get me wrong! I am all pro-immigration, and you may call me an idealist, but I want fair treatment for ALL.
Lets refrain from any statements like 'am not concerned with XYZ being 'anti-latino....
these are public forums and our group cannot afford to be labeled as nonsensitive to others who are not highly skilled legal immigrants..
just my 2 cents
well,
I think everyone should be concerned, because today he is anti-latino, tomorrow he is anti-Indian or anti-European...I mean, I really dont see the difference. I am not Hispanic, but I am very very concerned.
At my Grad school, we did a research on the gentleman in question and had a debate about different types of discrimination.
One is for certain. Today, undocumented people are very much in the spotlight, but make no mistake, all immigrants weather legal or illegal have been accused of stealing American jobs away.
The way I see it, we are all in the same boat...
Many people I know have expressed their frustration with the state od Education here "why dont we fix our education so that we can produce our own people so that we have our place in the global economy and we dont have to depend on foreign scientists"?.
Dont get me wrong! I am all pro-immigration, and you may call me an idealist, but I want fair treatment for ALL.
Lets refrain from any statements like 'am not concerned with XYZ being 'anti-latino....
these are public forums and our group cannot afford to be labeled as nonsensitive to others who are not highly skilled legal immigrants..
just my 2 cents
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