amoljak
10-19 09:04 AM
No matter how many years you are on H1B, 2 or 10..., you are out of status as soon as your employment ends. Unlike what many H1Bs think, there is no grace period. You have 10 days to pack your bags and leave. However to verify your employment USCIS uses paystubs, so if you immediately find another job and file for a new H1B before your current employer reports to the USCIS that you are no longer working you should be OK.
So first thing you need to keep in mind is do not fight with your current employer. He can screw you in more than one way.
Second, get a three year extension if you can.
Third, find a stable employer... I know many people here hate consultancy companies, but that is the safest option for you.
If you read the transcripts of the Q&A with lawyers, posted on the front page of this site, you will find answers to question about changing jobs when you have I-140 approved etc.
So first thing you need to keep in mind is do not fight with your current employer. He can screw you in more than one way.
Second, get a three year extension if you can.
Third, find a stable employer... I know many people here hate consultancy companies, but that is the safest option for you.
If you read the transcripts of the Q&A with lawyers, posted on the front page of this site, you will find answers to question about changing jobs when you have I-140 approved etc.
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akhilmahajan
06-20 10:37 AM
If anyone from the New England area, want the details please let me know.
If you can join the state chapter that will be great.
Help everyone to help yourself.
GO IV GO.
If you can join the state chapter that will be great.
Help everyone to help yourself.
GO IV GO.
cool_desi_gc
04-28 08:41 PM
Dude,
http://www.flcdatacenter.com/CasePerm.aspx
There are MS Access database files for each year.Depending on which year your labor is filed, download the Access db.
For eax, mine was Dec 2002.I downlaoded 2002,03,04.My record was found in 2004 database.
If you open the Access db (You need to have MS Access to view these files.If you dont have it, downlaod the free trail version from microsoft.com)
If you open the file, it is the database of all the Labors that are filed in that year.One of the attribute is the Employee name.You can also search on Attorney name.
If I were you, i would first filter on Employee State and then search for the Employee name.
Its simple.Try it and let me know if you need further help.
Good luck
http://www.flcdatacenter.com/CasePerm.aspx
There are MS Access database files for each year.Depending on which year your labor is filed, download the Access db.
For eax, mine was Dec 2002.I downlaoded 2002,03,04.My record was found in 2004 database.
If you open the Access db (You need to have MS Access to view these files.If you dont have it, downlaod the free trail version from microsoft.com)
If you open the file, it is the database of all the Labors that are filed in that year.One of the attribute is the Employee name.You can also search on Attorney name.
If I were you, i would first filter on Employee State and then search for the Employee name.
Its simple.Try it and let me know if you need further help.
Good luck
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retropain
08-31 09:04 AM
if only we knew about this program in advance, we could've called. :mad:
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nissan_1
08-05 12:15 PM
I work for a reputed American consulting firm with 30000 emp globally. I am EB3 India and missed the July 2007 boat. After trying from last 2 years, I finally convinced my employer to file my EB2. I have a 4 years Engg degree and had 5 years work exp in IT before joining this company. I already worked 6 years in this company. Our Lawyers do not want to use any of my preious experiance, rather they want to use "Bachelor's degree and 5 years of progressively responsible experience" in my current employer as I received promotions in the past to became a Manager. I have doubt in it. but they are one of the most reputed law firm in US and I do not think I can question them in regards to immigration rules.
What you guys think? Will it work?
What you guys think? Will it work?
vnsriv
11-19 12:51 PM
Guysssssss N Gals , I got it (I-485 approval) 10 minutes ago!!!!!!!!!!! NO RFE. Recent Luds were on I-140 / I-129 / I-131 ( Luds occered on 10/29 & 11/4) . Been in USA (F1, H1) since Aug 1997.
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
Congrats ! Party time !
My case Details
EB3, India , PD Oct 2000(Sub.)
I-140 / I-485 RD : 2/2005
I-140 : AD 07/2005
4 EAD / 4 APs
Congrats ! Party time !
more...
gc_dreamer_485
10-10 04:14 PM
Thanks Waiting_toolong!
Canadian Border is like an hour nad half drive for me. I can drive up to border but i don't have a canadian visa. So i will be denied an entry and if i return back will i get a new I-94?
Thanks!
Canadian Border is like an hour nad half drive for me. I can drive up to border but i don't have a canadian visa. So i will be denied an entry and if i return back will i get a new I-94?
Thanks!
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va_labor2002
06-22 04:36 PM
There is no harm in trying different possibilities. Media is a good option.Also,
contacting indian ministers and government is not a bad idea at all. They may be able to help us ! it is better to try , rather than doing nothing !
Wake up guys, i am not being negative, i am just being positive,
the points that you mentioned applies to US economy, I Myself is playing very important role in Multi-million $$ product,
do you think US politicians care about us, they just showed straight finger, if you don't get then it'z not my problem
The only way we can get any thing out of these politicans by playing politics, show them the meat, we need to figure that out
One thing always worked is MEDIA, we need to get more attention on national media
again I am just being practicle
contacting indian ministers and government is not a bad idea at all. They may be able to help us ! it is better to try , rather than doing nothing !
Wake up guys, i am not being negative, i am just being positive,
the points that you mentioned applies to US economy, I Myself is playing very important role in Multi-million $$ product,
do you think US politicians care about us, they just showed straight finger, if you don't get then it'z not my problem
The only way we can get any thing out of these politicans by playing politics, show them the meat, we need to figure that out
One thing always worked is MEDIA, we need to get more attention on national media
again I am just being practicle
more...
Googler
02-16 01:08 AM
Googler,
How is this possible, EB3 ROW also has a limit to how many they can use correct? They only can use what ever is beyond the 7 % used for India/China/Mexico/Phil (28% in total). Out of 1/3 of the 140K.
Am I right here ?
I think EB3 - ROW will stop or retro. next month or for sure in the next couple of months back to where they were. Lot of people here are saying that ROW will be current soon I am not sure where they are getting these facts.
Randy and others, do go through the older threads, there are quite detailed explanation of quota allocations. ROW is the rest of the world, and yes they get to use ALL of the rest: within ROW spillover occurs from EB-1 to EB-2 to EB-3, so whatever visas are available/leftover will be used up by EB-3 ROW -- they have suffered massive retrogression for many years, and now early PDs will not be stuck in the FBI blackhole.
I am not saying that EB-3 ROW cutoff will necessarily move further forward (i.e forward from Jan05) -- DOS intent is to use up all the remaining greencards -- and it might well be that the current cutoff will achieve that goal -- if it doesn't only then will they move the EB-3 ROW dates forward. Oversubscribed countries get a spillover ONLY if EB-1 ROW + EB-2 ROW + EB-3 ROW still leave unused visas.
See my post here (http://immigrationvoice.org/forum/showpost.php?p=224031&postcount=200) as well.
How is this possible, EB3 ROW also has a limit to how many they can use correct? They only can use what ever is beyond the 7 % used for India/China/Mexico/Phil (28% in total). Out of 1/3 of the 140K.
Am I right here ?
I think EB3 - ROW will stop or retro. next month or for sure in the next couple of months back to where they were. Lot of people here are saying that ROW will be current soon I am not sure where they are getting these facts.
Randy and others, do go through the older threads, there are quite detailed explanation of quota allocations. ROW is the rest of the world, and yes they get to use ALL of the rest: within ROW spillover occurs from EB-1 to EB-2 to EB-3, so whatever visas are available/leftover will be used up by EB-3 ROW -- they have suffered massive retrogression for many years, and now early PDs will not be stuck in the FBI blackhole.
I am not saying that EB-3 ROW cutoff will necessarily move further forward (i.e forward from Jan05) -- DOS intent is to use up all the remaining greencards -- and it might well be that the current cutoff will achieve that goal -- if it doesn't only then will they move the EB-3 ROW dates forward. Oversubscribed countries get a spillover ONLY if EB-1 ROW + EB-2 ROW + EB-3 ROW still leave unused visas.
See my post here (http://immigrationvoice.org/forum/showpost.php?p=224031&postcount=200) as well.
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DudefromBombay
06-30 01:24 PM
HI Ivar,
So in your case, did your older employer cancel or withdraw the I - 140 or it was active. Do you know if you can still port the priorty date if the I140 is withdrawn by the older employer. I have looked at most of the forums and haven't found a concrete answer to this question.
So in your case, did your older employer cancel or withdraw the I - 140 or it was active. Do you know if you can still port the priorty date if the I140 is withdrawn by the older employer. I have looked at most of the forums and haven't found a concrete answer to this question.
more...
stuckinretro
09-25 09:24 AM
Ok Thanks,
Who signed for your packet at NSC on Jul'23rd? Was it Mr Heinauer? Reason I ask is mine was sent on July 20th but didn't receive receipts yet.
yes, no checks cashed yet, checking my account regularly. the notice date is 21st sep, so I am thinking it might take 3-4 business days for the checks to cash, do you guys think my assumption is right?
Anybody in the same situation?
Who signed for your packet at NSC on Jul'23rd? Was it Mr Heinauer? Reason I ask is mine was sent on July 20th but didn't receive receipts yet.
yes, no checks cashed yet, checking my account regularly. the notice date is 21st sep, so I am thinking it might take 3-4 business days for the checks to cash, do you guys think my assumption is right?
Anybody in the same situation?
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natrajs
08-07 07:55 PM
IV is the only group that is trying something for EB gc's!!! If you don't agree with IV mission statement - least you can do is SHUT UP! If you have other selfish agenda's take them some place else... don't use IV as a platform to segregate a group.
(In my personal opinion... IV should BAN anyone who suggests anything that breaks this group down! Enough is ENOUGH!)
____________________________
Mission Statement
The mission of Immigration Voice is to organize grassroots efforts and resources to solve several problems in the employment based green card process including (a) delays due to Retrogression (visa number unavailability for certain employment-based categories) (b) delays due to USCIS processing backlogs and (c) delays due to Labor Certification backlogs. We will work to remove these and other flaws by supporting changes to immigration law for high-skilled legal employment-based immigrants. High-skilled legal immigrants strengthen the United States' economy and help maintain American technological superiority.
_____________________________
P.S sorry for the rant - but some of the threads are really disappointing... EB2 vs EB3, Masters vs Non-masters....
It is very disappointing to see the division among the IV members, We need to look for a long term solution rather than fighting for individual short term solution
(In my personal opinion... IV should BAN anyone who suggests anything that breaks this group down! Enough is ENOUGH!)
____________________________
Mission Statement
The mission of Immigration Voice is to organize grassroots efforts and resources to solve several problems in the employment based green card process including (a) delays due to Retrogression (visa number unavailability for certain employment-based categories) (b) delays due to USCIS processing backlogs and (c) delays due to Labor Certification backlogs. We will work to remove these and other flaws by supporting changes to immigration law for high-skilled legal employment-based immigrants. High-skilled legal immigrants strengthen the United States' economy and help maintain American technological superiority.
_____________________________
P.S sorry for the rant - but some of the threads are really disappointing... EB2 vs EB3, Masters vs Non-masters....
It is very disappointing to see the division among the IV members, We need to look for a long term solution rather than fighting for individual short term solution
more...
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niklshah
08-28 10:37 AM
Guys pls stop taking useless info pass appointments. People like me who have not received EAD and may loose the job are not able to get infopass appointments because of all the people taking appt to know the 485 status. Pls understand......
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glus
01-22 12:12 PM
Consulare processing means, you have to go out of the country to your home country and over there you have an interview for an immigrant visa. If approved you come to the states with that visa and receive GC here. If denied, consular processing CANNOT be appealed. The decision is usually final. When you do I485, whcih is adjustment of status, you stay in the US and if gets denied you CAN appeal the decision. To be eligible for adjustment of status in the U.S. one must show he/she never violated non-immigrant status until the I485 was filed(since last entry).
If you file I140 while being on F1, that could be taken as "violation of non-immigrant" status. It is advisable to change to a dual intent visa before filing for I485. Such visas are H1 and L1.
I am not attorney so don't take my answers for granted.
G
If you file I140 while being on F1, that could be taken as "violation of non-immigrant" status. It is advisable to change to a dual intent visa before filing for I485. Such visas are H1 and L1.
I am not attorney so don't take my answers for granted.
G
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alp_waj
11-07 11:10 AM
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
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
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sandiboy
07-11 08:23 PM
Thombi... You have some very good point... It will definitely be another lawsuit in the making
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ameyzzin
08-21 01:39 PM
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saketkapur
12-07 12:16 PM
So you apply about 4 months in advance? Are you then not losing about 3 months of your previous validity due to this practice?
not sure what you mean.
If your new validity date starts before the current one expires then yes you might lose the time depending on how fast your EAD was approved.
In my experience there has been no consistency in the issuance of the validity date in the past. I have received cards where the new validity date has been the day after my current EAD expired thereby me not losing any time and there have been times when I have lost time due to new validity date being prior to my current one expiring.
As per USCIS rules you can apply for renewal 120 days before your current one expires and not before that. Remember you can also apply for renewal a day before or even after expiry, its just that you cannot work as long as you do not have a valid EAD(or other work permit like H1B, L1 etc).
So as long as you are not at the risk of losing your job due to no EAD in hand I guess you can apply anytime once your 120 day window kicks in.
PS:Above is just my understanding of the system and should not be taken as legal advise. For any clarifications please consult your attorney.
not sure what you mean.
If your new validity date starts before the current one expires then yes you might lose the time depending on how fast your EAD was approved.
In my experience there has been no consistency in the issuance of the validity date in the past. I have received cards where the new validity date has been the day after my current EAD expired thereby me not losing any time and there have been times when I have lost time due to new validity date being prior to my current one expiring.
As per USCIS rules you can apply for renewal 120 days before your current one expires and not before that. Remember you can also apply for renewal a day before or even after expiry, its just that you cannot work as long as you do not have a valid EAD(or other work permit like H1B, L1 etc).
So as long as you are not at the risk of losing your job due to no EAD in hand I guess you can apply anytime once your 120 day window kicks in.
PS:Above is just my understanding of the system and should not be taken as legal advise. For any clarifications please consult your attorney.
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TexDBoy
06-17 05:43 PM
Employee is responsible for the accuracy of the time sheet submitted for payroll. If Nathuram-daulathram-desi-Company pays you and we did not get the money from the client, he/she are responsible to reimburse Nathuram-daulathram-desi-Company all the amount that is under dispute within 5 business days. Employee is responsible for all the legal and administrative costs (attorney, collections etc) for enforcing the above terms. All disputes will be settled according to the laws of the sate of NJ.
Are you serious you want to sign something with that wording. If the employer and client have their own agreements (like delay of payment for 60 days or so), then you will be always struck with your employer until the end of this project.
This is unacceptable.
One of my friends had an agreement like this and they threatened to cancel H1B if he did not sign. Make sure you have your transfer papers ready if they take that extreme step
Are you serious you want to sign something with that wording. If the employer and client have their own agreements (like delay of payment for 60 days or so), then you will be always struck with your employer until the end of this project.
This is unacceptable.
One of my friends had an agreement like this and they threatened to cancel H1B if he did not sign. Make sure you have your transfer papers ready if they take that extreme step
BharatPremi
12-09 03:05 PM
Thank you very much for the response. I actually want to put 5 years minimum experience though my lawyer said that it is too much. He would recommend either 2 year or 0 year work experience for this position with M.S. degree. Accordingly, we come down to 2 years with M.S. degree. After receiving the audit letter, my lawyer said I should have put 0 year instead of 2 years. I was also told by my lawyer to give him the answer about the following questions:
1. Why does the company require 2 years of work experience?
2. Why does the company require M.S. degree for this position?
3. Why does all skills and programs require for this position?
4. How long it take to obtain those skills and programs?
I’m very confused and have no idea what to answer why the company require M.S. degree since it is the requirement. Have anybody also have the format of the audit letter?
Also, if I have to be outside of the country by taking vacation due to this H1B issue that is going to reach the 6th year, do I have to be employed full time with the company and get pay as well? Thank you very much.
Can you eloborate more on onet code -classification and job description in detail? Other thing , Was your MS Certification in your country of birth or in USA? And if it is not in uSA did you get it evaluated in USA and have submitted evaluation cert copy along with your application?
1. Why does the company require 2 years of work experience?
2. Why does the company require M.S. degree for this position?
3. Why does all skills and programs require for this position?
4. How long it take to obtain those skills and programs?
I’m very confused and have no idea what to answer why the company require M.S. degree since it is the requirement. Have anybody also have the format of the audit letter?
Also, if I have to be outside of the country by taking vacation due to this H1B issue that is going to reach the 6th year, do I have to be employed full time with the company and get pay as well? Thank you very much.
Can you eloborate more on onet code -classification and job description in detail? Other thing , Was your MS Certification in your country of birth or in USA? And if it is not in uSA did you get it evaluated in USA and have submitted evaluation cert copy along with your application?
gc_chahiye
08-14 02:29 PM
I know that if you don't have H1 stamping you need AP to reenter. But if you have AP why do you need H1 stamping if you are working for the same H1 employer after reentery? Is H1 stamping a backup to AP?
If you have a 3 year H1 extension (like I do now) you can get a stamping for 3 years and wont get tied up in AP extension filing etc. With the flood of applicants in July I think USCIS is going to take much longer to process AP/EAD and I am expecting periods between APs where I would be stuck, unable to travel. With a 3 year H1 stamp all those issues go away.
Traveling on AP also has the funny effect that your I-94 would be stamped to the expiry of the AP (1 year) rather than H1 (3 years) and I dont know what happens when that I-94 expires... H1 travel is simpler once you have a long lasting H1 stamp. Main advantage of AP is I can renew without leaving the country and if my I-485 ever gets approved when I am outside the country, I can re-enter (my H1 would be invalid at that point)
If you have a 3 year H1 extension (like I do now) you can get a stamping for 3 years and wont get tied up in AP extension filing etc. With the flood of applicants in July I think USCIS is going to take much longer to process AP/EAD and I am expecting periods between APs where I would be stuck, unable to travel. With a 3 year H1 stamp all those issues go away.
Traveling on AP also has the funny effect that your I-94 would be stamped to the expiry of the AP (1 year) rather than H1 (3 years) and I dont know what happens when that I-94 expires... H1 travel is simpler once you have a long lasting H1 stamp. Main advantage of AP is I can renew without leaving the country and if my I-485 ever gets approved when I am outside the country, I can re-enter (my H1 would be invalid at that point)
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