snathan
03-16 01:53 PM
Stop advertising a lawyer. I find him very speculative. He wants everyone to come to his site and you are falling for it.
Sometimes I also feel the same about him.
Sometimes I also feel the same about him.
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ash0210
10-19 02:43 PM
gimme_my_gc, do you have EAD?
If yes then.. you are NOT out of status...only worry would be Annual W2 salary of your needs to be around gross specified in Labor..
Hi All,
I just joined this site today and wanted to get some input on the following situation:
My current situation is:
Working for a company ABC
completed 6 years on H1 and currently in the 7th year extension
Green card in process for more than a year - Eb3 with PD Jun 2002, I-140 approved
Can extend H1B again in about 6 months, for a 3 year extension
The question I have is , if one has a valid extended H1B for the 7th year and beyond, what happens if one were to lose their job during the extended H1B period, without getting their GC?
1) Can they continue to stay till the end of the extended H1B period by applying for a job with another company?
2) Or should they leave the USA as the first 6 years have been completed without getting a GC, and the extended H1B period would become invalid as soon as they lose the job with the company that processed the extended H1B?
Any input is appreciated. Thanks for your time.
If yes then.. you are NOT out of status...only worry would be Annual W2 salary of your needs to be around gross specified in Labor..
Hi All,
I just joined this site today and wanted to get some input on the following situation:
My current situation is:
Working for a company ABC
completed 6 years on H1 and currently in the 7th year extension
Green card in process for more than a year - Eb3 with PD Jun 2002, I-140 approved
Can extend H1B again in about 6 months, for a 3 year extension
The question I have is , if one has a valid extended H1B for the 7th year and beyond, what happens if one were to lose their job during the extended H1B period, without getting their GC?
1) Can they continue to stay till the end of the extended H1B period by applying for a job with another company?
2) Or should they leave the USA as the first 6 years have been completed without getting a GC, and the extended H1B period would become invalid as soon as they lose the job with the company that processed the extended H1B?
Any input is appreciated. Thanks for your time.
champu
03-12 02:45 AM
I asked my lawyer same question... and she said you can port from EB3 to EB2 using same labor but employer has to withdraw approved I-140 first and this is really dicey.
Best option is to file new PERM + new I-140 and then port the PD
if you think you can file I-485 with 2 I-140s and USCIS would let you use PD from one and Category from other. THOUGH LEGAL BUT FORGET IT.
DO NOT DO THIS. I TRIED IT AND GOT SCREWED. USCIS DO NOT DO CROSS REFERENCE OF I-140 THOUGH THEY ARE SUPPOSE TO.
Best option is to file new PERM + new I-140 and then port the PD
if you think you can file I-485 with 2 I-140s and USCIS would let you use PD from one and Category from other. THOUGH LEGAL BUT FORGET IT.
DO NOT DO THIS. I TRIED IT AND GOT SCREWED. USCIS DO NOT DO CROSS REFERENCE OF I-140 THOUGH THEY ARE SUPPOSE TO.
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diptam
08-01 12:08 PM
http://immigrationvoice.org/forum/showthread.php?t=20598
NSC is even more badly hit and we should fight together. We can write to Ombudsman as well ?
NSC is even more badly hit and we should fight together. We can write to Ombudsman as well ?
more...
pappu
08-17 08:29 PM
/\/\/
BharatPremi
11-07 01:23 PM
Hi guyz,
Bit of addtional information that might be just what was needed to make final call.
I spoke to Fragomen, my Law firm, and they informed me that priority date for filing I 45 (Green Card last stage) is current for Labor applications (EB3) filed in April 2001 and unless something dramatic happens again, things will move at its own pace.
My Labor (in EB3) was filed in March 2003. Estimated time to get GC might be anywhere between 1 year to ... who knows....
I am leaning towards resigning and start it fresh.. wherever...even If it is US fresh H1 will always be there.
Thanks for your help and advises
Regards,
Alp
What if France is at par or worst than USA for immigration/visa purposes? Your fresh start may become rotten there too.
Bit of addtional information that might be just what was needed to make final call.
I spoke to Fragomen, my Law firm, and they informed me that priority date for filing I 45 (Green Card last stage) is current for Labor applications (EB3) filed in April 2001 and unless something dramatic happens again, things will move at its own pace.
My Labor (in EB3) was filed in March 2003. Estimated time to get GC might be anywhere between 1 year to ... who knows....
I am leaning towards resigning and start it fresh.. wherever...even If it is US fresh H1 will always be there.
Thanks for your help and advises
Regards,
Alp
What if France is at par or worst than USA for immigration/visa purposes? Your fresh start may become rotten there too.
more...
brick2006
12-19 03:36 PM
is this chapter..ACTIVE???
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skdskd
08-26 01:50 PM
In fairness to the OP, he/she said that "...while TSC filer are getting ead adn AP as SOON AS THEY GET RECEIPT...." (emphasis mine).
He/she didn't mean to say that NOT GETTING any receipt is good as long as you get your EAD.
No Hard Feelings...as some body said earlier Grass Is Green on Other Side..
You can't say "In-Justice" because of diff priority..NSC thought to let every body get receipt first then work on EAD's and AP's. So they are issuing those faster.
TSC is working on both parallel.
Same people they would have been on other side of situation wud have said that It's better to receive the receipt first than EAD.
He/she didn't mean to say that NOT GETTING any receipt is good as long as you get your EAD.
No Hard Feelings...as some body said earlier Grass Is Green on Other Side..
You can't say "In-Justice" because of diff priority..NSC thought to let every body get receipt first then work on EAD's and AP's. So they are issuing those faster.
TSC is working on both parallel.
Same people they would have been on other side of situation wud have said that It's better to receive the receipt first than EAD.
more...
SFD
05-24 12:58 PM
done!
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meridiani.planum
04-03 12:09 PM
18.
Regulations
Please provide an update on the status of regulations regarding the following: AC21, CSPA, T regulations for adjustment of status, EB-5, and religious workers.
Response: The AC21 rule and the EB-5 Special Class rule are both undergoing revision and should be published in the near future.
I wonder what the AC21 rule revision is going to be?
good catch. Yeah that one is a bit scary. I believe they said somewhere that they were going to tighten the AC-21 requirements, and if they do so, then it will also apply retroactively (meaning if htey say salary cannot change by more than 10%, and someone invoked AC-21 to a new job with salary change of 30% that person could potentially be in trouble). I hope they dont do that (I myself have invoked AC-21 with >40% salary change!)
Regulations
Please provide an update on the status of regulations regarding the following: AC21, CSPA, T regulations for adjustment of status, EB-5, and religious workers.
Response: The AC21 rule and the EB-5 Special Class rule are both undergoing revision and should be published in the near future.
I wonder what the AC21 rule revision is going to be?
good catch. Yeah that one is a bit scary. I believe they said somewhere that they were going to tighten the AC-21 requirements, and if they do so, then it will also apply retroactively (meaning if htey say salary cannot change by more than 10%, and someone invoked AC-21 to a new job with salary change of 30% that person could potentially be in trouble). I hope they dont do that (I myself have invoked AC-21 with >40% salary change!)
more...
bomber
08-17 10:04 AM
I agree. Aware members need to inform ignorant members obsessed with notices on other threads and stop those therads NOW. We have tolerated such threads enough. I am not joking, you will see from today new threads of EAD and AP trackers for the next 6 months. So let us all nip this in the bud in the interest of this organization. What do you think?
JanakP,
It's not a tracker and I'm not tracking or looking for my receipt notices to come from USCIS or my checks to be cashed or anything like that.
My notices have already arrived and my lawyer and employer are refusing to give them to me. I have foreign travel planned in October and I might be looking to change employer soon. My question was whether I can invoke AC21 without having the physical receipt notices.
Would be helpful if someone knows for sure.
Again, please go back and see this is not a tracker thread.
thanks for your valuable input.
JanakP,
It's not a tracker and I'm not tracking or looking for my receipt notices to come from USCIS or my checks to be cashed or anything like that.
My notices have already arrived and my lawyer and employer are refusing to give them to me. I have foreign travel planned in October and I might be looking to change employer soon. My question was whether I can invoke AC21 without having the physical receipt notices.
Would be helpful if someone knows for sure.
Again, please go back and see this is not a tracker thread.
thanks for your valuable input.
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LONGGCQUE
06-18 04:06 PM
Uma001,
My previous to previous employment is 3.5 yrs for which they said nothing. RFE clearly mentions name of my last employer and says to submit proof with dates worked from-to, responsibilities and job details.
My previous to previous employment is 3.5 yrs for which they said nothing. RFE clearly mentions name of my last employer and says to submit proof with dates worked from-to, responsibilities and job details.
more...
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voldemar
03-04 02:25 PM
At what point of GC process you don't need your lawyer anymore? Is it true that after filing I-485, and if everything is smooth with ur case, you don't need lawyer.It's hard to answer. I still have a lawyer and all correspondence is going to lawyer. You never know how tough RFE/NOF could be. But I file EAD and AP myself without lawyer.
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sroym
06-20 09:36 AM
stucklabor,
Thanks for your post. It's good to hear the perspective of a core member of IV like yourself. I understand your point of view but respectfully disagree with your definition of the greatest good. The greatest good will not be achieved by just passing the labor cert. stage. The greatest good is achieved once we have the GC card. Your effort on retrogression to benefit 250k & 200k is plausible. But you help them to pass one bridge, to just get stuck on the next. If there are 25k people stuck in name check at this time, imagine what will happen when the estimated 200k-250k reach that stage.
If the 25k spent in average 3 years in the name check, what will be the wait time for that massive population that are headed that way after retrog & labor cert? The EB process is a big picture and the greatest number will not get the greatest good until all these obstacle are resolved all the way to the end.
Thanks for your post. It's good to hear the perspective of a core member of IV like yourself. I understand your point of view but respectfully disagree with your definition of the greatest good. The greatest good will not be achieved by just passing the labor cert. stage. The greatest good is achieved once we have the GC card. Your effort on retrogression to benefit 250k & 200k is plausible. But you help them to pass one bridge, to just get stuck on the next. If there are 25k people stuck in name check at this time, imagine what will happen when the estimated 200k-250k reach that stage.
If the 25k spent in average 3 years in the name check, what will be the wait time for that massive population that are headed that way after retrog & labor cert? The EB process is a big picture and the greatest number will not get the greatest good until all these obstacle are resolved all the way to the end.
more...
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perm2gc
10-04 04:58 PM
Hello gg_ny,
It is too scary.. Plz note that the surname change is after mariz.. As per our convention, after mariz, wife's surname changes to that of husbands.. We have the mariz certificate with us.
Is this still that major problem, as earlier explained by you?
you are in serious trouble beyond your knowledge..consult a good attorney to correct it..
Dont waste time on boards...
It is too scary.. Plz note that the surname change is after mariz.. As per our convention, after mariz, wife's surname changes to that of husbands.. We have the mariz certificate with us.
Is this still that major problem, as earlier explained by you?
you are in serious trouble beyond your knowledge..consult a good attorney to correct it..
Dont waste time on boards...
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anilsal
11-30 10:11 PM
to file a new set of 485s for the new current PD when two individuals have pending 485s and a A# assigned.
The great ways of USCIS.
The great ways of USCIS.
more...
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andy garcia
08-29 02:33 PM
This is the list of Witnesses(Panelists):
Panel I
David Daniel, Ph.D. , President UT at Dallas
Richardson, TX
Bo Cooper
Former General Counsel INS on behalf of Global Personnel Alliance
Washington, DC
Panel II
Philip J. Ritter
Senior VP and Manager of Public Affairs
Texas Instruments, Inc., Dallas, TX
Phyllis Norman, VP
Patient Care Services
Harris Methodist Ft. Worth Hospital
Ft. Worth, TX
Lance Kaplan
Partner
Fragomen, Del Rey, Bernsen, Loewy, LLP
on behalf of the American Council on International Personnel
Iselin, NJ
We should contact anybody who works in these companies.
Panel I
David Daniel, Ph.D. , President UT at Dallas
Richardson, TX
Bo Cooper
Former General Counsel INS on behalf of Global Personnel Alliance
Washington, DC
Panel II
Philip J. Ritter
Senior VP and Manager of Public Affairs
Texas Instruments, Inc., Dallas, TX
Phyllis Norman, VP
Patient Care Services
Harris Methodist Ft. Worth Hospital
Ft. Worth, TX
Lance Kaplan
Partner
Fragomen, Del Rey, Bernsen, Loewy, LLP
on behalf of the American Council on International Personnel
Iselin, NJ
We should contact anybody who works in these companies.
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knnmbd
01-24 08:50 PM
Thank you for the replies, I think I won't do anything further for the I140. I will try to get my H1B first. I am wondering in my case, will my H1B application be rejected due to the "I140 filed when F1"?
Thanks again for the help!
You have already violated your F1 status. You can not have a company apply for PERM & i140 while on F1 status, period. All that stuff of "it�s for a future position" or "you did not authorize the company to apply for I 140" is B.S. The only thing that matters is that F1 is not a dual intent visa, and initiating a immigrant process in your name (yes the PERM and I140 applications have your name on it meaning you authorized it) means you violated F1 status. You need to consult an attorney before you file for H1.
Thanks again for the help!
You have already violated your F1 status. You can not have a company apply for PERM & i140 while on F1 status, period. All that stuff of "it�s for a future position" or "you did not authorize the company to apply for I 140" is B.S. The only thing that matters is that F1 is not a dual intent visa, and initiating a immigrant process in your name (yes the PERM and I140 applications have your name on it meaning you authorized it) means you violated F1 status. You need to consult an attorney before you file for H1.
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pappu
02-22 10:42 PM
Take your emails, faxes and letters one step further now. Pls try to set up appointments with lawmakers of your state. Get active in your state chapter. If it is inactive, activate it yourself. If you dont have anybody to help you, then do it yourself and meet your lawmakers. It is important for our success.
NolaIndian32
02-11 07:35 PM
Are there any runners, joggers, walkers out there? Has anyone heard of running teams like Team Leukemia, Team AIDS, Race for the Cure - Team Susan G Komen??
Well, I would like to propose a Team IV. There would be a nominal fee, say $50 or $75, to join the walking/running club and you would get one running T shirt (with IV logo) to wear at local runs/walks. This way we get our name out in the community. And just like Team Leukemia, each Team IV member will conduct 1 fundraising event per quarter or per 6 months. At the end of the fundraising year, we should donate a portion of our collections to a local or national charity. The donation will come from Immigration Voice. This way, Immigration Voice members have another reason to be proud of what we bring to the plate as employment based legal immigrants.
If there is such a running/walking team out there, please let me know as I would love to join and support the cause. If there is interest to establish such a Team, please let me know.
Well, I would like to propose a Team IV. There would be a nominal fee, say $50 or $75, to join the walking/running club and you would get one running T shirt (with IV logo) to wear at local runs/walks. This way we get our name out in the community. And just like Team Leukemia, each Team IV member will conduct 1 fundraising event per quarter or per 6 months. At the end of the fundraising year, we should donate a portion of our collections to a local or national charity. The donation will come from Immigration Voice. This way, Immigration Voice members have another reason to be proud of what we bring to the plate as employment based legal immigrants.
If there is such a running/walking team out there, please let me know as I would love to join and support the cause. If there is interest to establish such a Team, please let me know.
bugmenot
06-14 05:23 PM
Are the amendments related to EB relief or visa quota in?
dont know if they'll consider cantwell/cornyn or come up with a substitute one
dont know if they'll consider cantwell/cornyn or come up with a substitute one
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