kishorek111
11-12 04:22 PM
asking for donations is nothing wrong. After all Immigration voice is for everyone's benefit.
At the same time, keeping everything transparent is IV's duty. IV should not wait for someone to ask these details...
At the same time, keeping everything transparent is IV's duty. IV should not wait for someone to ask these details...
wallpaper Claudia Schiffer
Canadian_Dream
12-03 03:53 PM
I would say:
1. Stay on H1B as long as possible. Try not to use EAD unless absolutely necessary.
2. Because of 1 above, if you switch to the new employer USCIS would know you left the previous employer. (since you will file H1B transfer).
3. I see that you have everything worked out nicely from your current employer to have 180 days for your AC-21 portability. You have to really evaluate if it is really worth going to new employer in Dec 07. (if there is enormous financial gain like pre-IPO etc)
4. There is nothing wrong in switching jobs before 180 days either on EAD or H1B but in order to play safe the best bet is to, switch on H1B after 180 days. Enjoy your paid holidays and join the new employer in 2008 with peace of mind.
Gurus,
Here is my situation:
I-140 approved - PD: May '06
I-485 filed - July 30 '07 (India)
EAD cards - Received
APs - Received
Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.
I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be on officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!
1. Stay on H1B as long as possible. Try not to use EAD unless absolutely necessary.
2. Because of 1 above, if you switch to the new employer USCIS would know you left the previous employer. (since you will file H1B transfer).
3. I see that you have everything worked out nicely from your current employer to have 180 days for your AC-21 portability. You have to really evaluate if it is really worth going to new employer in Dec 07. (if there is enormous financial gain like pre-IPO etc)
4. There is nothing wrong in switching jobs before 180 days either on EAD or H1B but in order to play safe the best bet is to, switch on H1B after 180 days. Enjoy your paid holidays and join the new employer in 2008 with peace of mind.
Gurus,
Here is my situation:
I-140 approved - PD: May '06
I-485 filed - July 30 '07 (India)
EAD cards - Received
APs - Received
Due to a slowdown in their business, my employer is laying me off in Dec '07. I'm still short of 1 month to complete my 180 days of I-485 filling. However, they said they will not withdraw my I-140 and, to help me, will in fact keep me on their payroll until Jan '08, with my Jan '08 salary as my severance and my official status as on "paid leave". So far, so good.
I also have a job offer, and my new employer wants me to join them in Dec '07, on EAD. My question is: Can I be on officially on the payroll of two companies simultaneously on H-1B and/or EAD? If yes, do I need to inform the USCIS of my status (new employer; AC21)? My other option is to say No to the new (attractive) job offer (or to try to convince them to wait until Feb '08, which they'll likely not agree to), and and take up another job in Feb '08, on EAD / H-1B transfer, using AC21. Please advise whether I'm fine with using the first option!!
alok
04-08 07:46 PM
IV has been endorsed by Dr Vijay N Koli, President of American Association of Physicians of Indian Origin! http://www.aapiusa.org/index.aspx
American Association of Physicians of Indian Origin (AAPI) is a national organization. Founded in 1981 by a handful physicians, from its humble beginning now AAPI has emerged as premiere ethnic medical organization in the US. Today it represents more than 41,000 + physicians of Indian Origin in the US and 10,000 medical students, residents and fellows in training. Its mission is to provide forum to facilitate and enable Indian American Physicians, to excel in patient care, teaching and research and to pursue their aspirations in professional and community affairs. Its motto is Unity of Purpose, Collegiality in Action, Commitment to Excellence and compassion towards Fellow-beings. To bring to American medicine the distinctive contributions from India. Headquartered in Chicago it serves as an umbrella organization to 130 component associations.
Its legislative office in Washington D.C. coordinates advocacy efforts and has been a strong voice in the healthcare policies and legislation. Through AAPI Charitable Foundation, AAPI members support and promote philanthropic activities in India and in the US. The distinguished faculty offers medical education programs throughout year.
AAPI, under the able leadership of Dr Koli and its Legislative Director, Anurag Varma, have been helping us behind the scenes. With acceptance of this Advisory Role Dr Koli has chosen to formalize this relationship.
Dr Koli is an Internal Medicine physician who has been in practice for over 27 years in San Antonio, TX and who has ably led AAPI on some fresh initiatives. One of these involves AAPI formally providing expertise to the Indian Government in healthcare � this was formally acknowledged by the Prime Minister of India as one of the great initiatives at the latest Pravasi Bharatia Divas.
Our cause is strengthened by Dr Koli and AAPI & their blessings!
American Association of Physicians of Indian Origin (AAPI) is a national organization. Founded in 1981 by a handful physicians, from its humble beginning now AAPI has emerged as premiere ethnic medical organization in the US. Today it represents more than 41,000 + physicians of Indian Origin in the US and 10,000 medical students, residents and fellows in training. Its mission is to provide forum to facilitate and enable Indian American Physicians, to excel in patient care, teaching and research and to pursue their aspirations in professional and community affairs. Its motto is Unity of Purpose, Collegiality in Action, Commitment to Excellence and compassion towards Fellow-beings. To bring to American medicine the distinctive contributions from India. Headquartered in Chicago it serves as an umbrella organization to 130 component associations.
Its legislative office in Washington D.C. coordinates advocacy efforts and has been a strong voice in the healthcare policies and legislation. Through AAPI Charitable Foundation, AAPI members support and promote philanthropic activities in India and in the US. The distinguished faculty offers medical education programs throughout year.
AAPI, under the able leadership of Dr Koli and its Legislative Director, Anurag Varma, have been helping us behind the scenes. With acceptance of this Advisory Role Dr Koli has chosen to formalize this relationship.
Dr Koli is an Internal Medicine physician who has been in practice for over 27 years in San Antonio, TX and who has ably led AAPI on some fresh initiatives. One of these involves AAPI formally providing expertise to the Indian Government in healthcare � this was formally acknowledged by the Prime Minister of India as one of the great initiatives at the latest Pravasi Bharatia Divas.
Our cause is strengthened by Dr Koli and AAPI & their blessings!
2011 Make-up „no make-up”
vnsriv
03-03 03:05 PM
no its not.
Thanks
Thanks
more...
bugsbunny
03-30 11:52 AM
if you are on EAD and they pay you...you will have to declare it on your taxes...so you will have to pay upwards of 33% tax on it...which is far far more than the 4% charge currently
cdeneo
11-19 04:37 PM
How do Promotions impact one's existing GC application?
for example: one filed for the GC as a Software Engineer, 5 years down the road one switches to a different company in the same area/location using EAD (avoiding AC21 for now) and the salary is 30 % higher than that was mentioned on one's LC filing and the job title is sr software engineer (same or similar responsibilities, senior title). How would something like this impact one's GC application?
I also wonder what would happen to the GC application if one was to get another promotion and become a manager with even a higher salary (some job responsibilities stay the same and some new managerial responsibilites get added).
I am sure many of us would have faced this since clearly many of us have been waiting for many many years - I would really appreciate your input on this. Thanks!
for example: one filed for the GC as a Software Engineer, 5 years down the road one switches to a different company in the same area/location using EAD (avoiding AC21 for now) and the salary is 30 % higher than that was mentioned on one's LC filing and the job title is sr software engineer (same or similar responsibilities, senior title). How would something like this impact one's GC application?
I also wonder what would happen to the GC application if one was to get another promotion and become a manager with even a higher salary (some job responsibilities stay the same and some new managerial responsibilites get added).
I am sure many of us would have faced this since clearly many of us have been waiting for many many years - I would really appreciate your input on this. Thanks!
more...
Siboo
04-21 09:13 PM
You can file appeal your I-140 denial and based on the appeal, you can get your 9th year extension. As long as appeal is filed and pending, you can extend your H1B. This is what I heard.
2010 Make-up „no make-up”
CantLeaveAmerica
06-18 07:05 AM
Besides not signing this so called contract
If you are H1 - as long as you are an employee - the employer has to pay the salary as per H1 papers, whatever be the business issues. If that be the case they can be reported as a violator.
Non solicitation clause should state a time frame - but otherwise most contracts have them
And as long as this is a new or potential employer - its a nice red flag to stay out
Yes, I am in concensus too of the above statements.
If you are H1 - as long as you are an employee - the employer has to pay the salary as per H1 papers, whatever be the business issues. If that be the case they can be reported as a violator.
Non solicitation clause should state a time frame - but otherwise most contracts have them
And as long as this is a new or potential employer - its a nice red flag to stay out
Yes, I am in concensus too of the above statements.
more...
piyu7444
04-18 07:55 PM
Hi Gurus - Can someone enlighten why lawyers reco. not to inform USCIS about AC21 and wait for RFE?
Also does anyone knows how one can get back on h1b after invoking AC21? If AOS is denied how to get h1b again? (if not exhausted 6 year of h1b)
Thanks
Also does anyone knows how one can get back on h1b after invoking AC21? If AOS is denied how to get h1b again? (if not exhausted 6 year of h1b)
Thanks
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singhsa3
01-10 08:36 PM
Labor substitution case..eh..
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
All,
My employer revoked the i140 of a person after 180 days. He did not reveal this information to me and used labor substitution for me.
The other person used AC21 and got his 485 approved. INS has denied my I140 since a 485 has already been approved and there can be only one GC on one labor. INS says that once the 485 is approved that job ceases to exist.
My company is saying that they have done this in the past and got approvals. They are saying that they applied the I140 substitution long before the 485 approval of the other person.
Now they are saying that they will appeal that the other guy never had the intention of working for the comapany.
Is there any chance for the I140 approval and using the existing labor ? If not will the INS help me keep the Priority Date.
Does anyone have knowledge of such cases (or) know the results of such appeals.
Thanks !
more...
rajarao
11-15 08:03 PM
I am in Buffalo Grove, IL.
Are we creating a mailing list so that everyone knows where we are?..
Are we creating a mailing list so that everyone knows where we are?..
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LostInGCProcess
06-18 10:56 AM
I would like to thank all the members for their responses.
I am at least (I think) safe, cause I have approved I-140, EAD and I-485 pending and crossed the 6 months waiting milestone. I am still on H1 with that company. They recently merged (or bought by) the other company....from that time on that new company started sending all these documents to sign....which my old company never asked me to do so.
However, I feel sorry for those who are new and primarily in H1B with the company. They don't have much of a choice, I guess.
Thank you pappu, senk1s, jthomas, sunilbhai, snathan and kshitijnt for your valuable comments.
Thanks,
RC :)
I am at least (I think) safe, cause I have approved I-140, EAD and I-485 pending and crossed the 6 months waiting milestone. I am still on H1 with that company. They recently merged (or bought by) the other company....from that time on that new company started sending all these documents to sign....which my old company never asked me to do so.
However, I feel sorry for those who are new and primarily in H1B with the company. They don't have much of a choice, I guess.
Thank you pappu, senk1s, jthomas, sunilbhai, snathan and kshitijnt for your valuable comments.
Thanks,
RC :)
more...
house Madonna, Claudia Schiffer and
loudobbs
12-09 03:12 PM
Of course I do..:rolleyes::rolleyes::rolleyes::rolleyes:
:rolleyes:
:rolleyes:
tattoo Claudia Schiffer (Rex Features
GCcomesoon
05-31 01:44 PM
Hi Friends
I believe that this forum was created as platform for all we guys who have been waiting in queues for long times to get thier Green card.This is place where we can learn & distribute information to help fellow members. We should respect this forum ,moderators, senior members who try to guide us for any of questions,doubts. Lets all be one & try to be on the same page & common mission instead of using abusive language,trying to fight , or anything which would divert our attention & waste time for other in cleaning up this mess.
I'm sure we all are well educated , grown ups who can decide whats right or wrong.
I apologize in advance if I have been preachy.
Thanks
GCcomesoon
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
LUD in my case - I131 - 7/10/07
LUD in my case - 1131,485,765, - 7/11/07, approved
LUD in spouse's case - I131-7/11/07, approved
I-765- spouse approved, approved for me.
I-485 - approved for myself on April 24th, 2008, card prod email , physical card not yet received.
1-485 - Still pending for wife
I believe that this forum was created as platform for all we guys who have been waiting in queues for long times to get thier Green card.This is place where we can learn & distribute information to help fellow members. We should respect this forum ,moderators, senior members who try to guide us for any of questions,doubts. Lets all be one & try to be on the same page & common mission instead of using abusive language,trying to fight , or anything which would divert our attention & waste time for other in cleaning up this mess.
I'm sure we all are well educated , grown ups who can decide whats right or wrong.
I apologize in advance if I have been preachy.
Thanks
GCcomesoon
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
LUD in my case - I131 - 7/10/07
LUD in my case - 1131,485,765, - 7/11/07, approved
LUD in spouse's case - I131-7/11/07, approved
I-765- spouse approved, approved for me.
I-485 - approved for myself on April 24th, 2008, card prod email , physical card not yet received.
1-485 - Still pending for wife
more...
pictures Claudia Schiffer
Totoro
05-07 08:29 AM
I know this isn't a solution to your problem, but some people may consider sending their kids to Canada to study. Canada's universities are en par with the best US schools and the international student tuition is often less than in-state tuition, although the declining US dollar has made it less the case these days.
Many Americans I know are considering Canadian universities for their children, even though they can get in-state tuition.
Many Americans I know are considering Canadian universities for their children, even though they can get in-state tuition.
dresses Claudia Schiffer insists
pankajkakkar
09-20 05:58 PM
Thank you uslegals.
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lusuresh
08-27 01:11 PM
I live in the West suburbs (Des plaines)
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acs_78
05-28 09:42 AM
I paper filed EAD to Phoenix lock box on May 14th. Checks got cashed only yesterday. Looks like it takes at least 2 weeks.
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Gravitation
02-10 07:18 PM
If someone has EB2 application, and EB2 is unavailable, but their EB2 PD is current with respect to EB3 visa bulletin date, will USCIS allow an EB2 to take an EB3 slot?
No.
If not I wonder whether you can "down grade" by interfiling a new I140.
Yes.
No.
If not I wonder whether you can "down grade" by interfiling a new I140.
Yes.
legal_alien_007
05-23 11:48 AM
On a side note, I've never understood people being so eager to get married.. May be happiness is not the only thing that matters.. :D
Good luck my friend
Good luck my friend
logiclife
02-14 07:10 PM
Last time around exactly the same time in 2006 CIR took off like crazy because of the tremendous backing of Senate Judiciary committee chairman Arlen Specter and Senate majority Leader Bill Frist (who actually gave a deadline for a the bill to be introduced to the senate floor, to speed it up) and president bush supporting it as well. In spite of all these it took the senate from Feb-march 2006 to around September 2006 to get it passed.
Now to the present situation, Harry Reid, the current majority leader never ever publicly spoke one good word about CIR, the present senate judiciary committee chairman, Patrick J. Leahy has not displayed even 1/100 the urgency nor the interest in CIR, president Bush though still supporting CIR is a wounded president licking his wounds and has truly become a lame duck president (most unfortunately for us).
Having considered the above facts what are the chances of CIR happening? Its very painful to say that but I think very low. Even by a miracle (a very big miracle at that) if something happens it will be November or December 2007 before it passes.
As if this not painful enough there is a 60 day waiting period from the day the president signs it before it becomes a law. I think there is some confusion on this 60 day period (I am not 100% sure on this). In addition to it if I remember correctly there was a strange condition which was something like there would be a 6 month investigation period to determine the effects of CIR before becoming a law. If you add all this nonsense up I think in the best case scenario January or February 2008 before CIR becomes law and worst case scenario July or August 2008 to become a law. just my 2 cents. I can only pray and hope I am wrong.
There are some inaccuracies in your post:
The CIR in the Senate passed on 25th May 2006. Bill number S. 2611 of 109th congress. (See for this on thomas.loc.gov )
The 60 day waiting period is something that may be removed this year as this year, the Dems are in control.
I can go on and on about why CIR did not become a law in 2006. However if one were allowed just one phrase to describe the reason why CIR didnt happen in 2006, is : United States House of Representatives (http://www.house.gov/).
If you remember, in Nov 2005, the house had already pass its own CIR. They called it CIR, but no one else called it that. Its was H.R. 4437. Created by dear Chairman Jim Sensenbrenner. The bill provided for making illegal presence a felony and basically deporting 11 million already here. That was the House's CIR.
What happens this year, even God cannot predict. What we've said here at IV, is CIR will come in SENATE, in March-April. It will be debated and passed in Senate, most likely, just like last year. After that, as far as the House is concerned, it remains to be seen how much pressure the White House and Senate can put on them. Basically, if the White House were to direct a few more raids by ICE on some meat packing plants and some construction, that's all it takes for the House to be shamed into doing something about a widespread problem unless it wants to be called a do-nothing congress.
Now we cannot predict if the above course of events will take place. Its impossible to predict. Some people (on other sites) have laid out percentages like 20% chance this will happen, 80% chance that will happen. That's really laughable.
Now to the present situation, Harry Reid, the current majority leader never ever publicly spoke one good word about CIR, the present senate judiciary committee chairman, Patrick J. Leahy has not displayed even 1/100 the urgency nor the interest in CIR, president Bush though still supporting CIR is a wounded president licking his wounds and has truly become a lame duck president (most unfortunately for us).
Having considered the above facts what are the chances of CIR happening? Its very painful to say that but I think very low. Even by a miracle (a very big miracle at that) if something happens it will be November or December 2007 before it passes.
As if this not painful enough there is a 60 day waiting period from the day the president signs it before it becomes a law. I think there is some confusion on this 60 day period (I am not 100% sure on this). In addition to it if I remember correctly there was a strange condition which was something like there would be a 6 month investigation period to determine the effects of CIR before becoming a law. If you add all this nonsense up I think in the best case scenario January or February 2008 before CIR becomes law and worst case scenario July or August 2008 to become a law. just my 2 cents. I can only pray and hope I am wrong.
There are some inaccuracies in your post:
The CIR in the Senate passed on 25th May 2006. Bill number S. 2611 of 109th congress. (See for this on thomas.loc.gov )
The 60 day waiting period is something that may be removed this year as this year, the Dems are in control.
I can go on and on about why CIR did not become a law in 2006. However if one were allowed just one phrase to describe the reason why CIR didnt happen in 2006, is : United States House of Representatives (http://www.house.gov/).
If you remember, in Nov 2005, the house had already pass its own CIR. They called it CIR, but no one else called it that. Its was H.R. 4437. Created by dear Chairman Jim Sensenbrenner. The bill provided for making illegal presence a felony and basically deporting 11 million already here. That was the House's CIR.
What happens this year, even God cannot predict. What we've said here at IV, is CIR will come in SENATE, in March-April. It will be debated and passed in Senate, most likely, just like last year. After that, as far as the House is concerned, it remains to be seen how much pressure the White House and Senate can put on them. Basically, if the White House were to direct a few more raids by ICE on some meat packing plants and some construction, that's all it takes for the House to be shamed into doing something about a widespread problem unless it wants to be called a do-nothing congress.
Now we cannot predict if the above course of events will take place. Its impossible to predict. Some people (on other sites) have laid out percentages like 20% chance this will happen, 80% chance that will happen. That's really laughable.
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