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bagha
07-11 10:56 AM
Here's my situation:
On H1 with company A since 2001. Current extension is valid till July 2010.
Eb3-India I-140 Approved, Filed I-485 more than 180 days ago.
Now I want to transfer my H1B using AC21. My questions are:
1. If my current employer revokes I-140 what are the implications on my I-485?
2. If I don't get my green card til my new H1B (after transfer) expires, do I get another extension even if my company A revokes my I-140?
Thanks in advance.
On H1 with company A since 2001. Current extension is valid till July 2010.
Eb3-India I-140 Approved, Filed I-485 more than 180 days ago.
Now I want to transfer my H1B using AC21. My questions are:
1. If my current employer revokes I-140 what are the implications on my I-485?
2. If I don't get my green card til my new H1B (after transfer) expires, do I get another extension even if my company A revokes my I-140?
Thanks in advance.
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485Mbe4001
06-11 07:09 PM
"Now with this huge deluge of immigrants, especially from the desi consulting companies, I feel that my quality of life is getting adversely impacted. Do not rush to conclusions that I am anti Indian or anti immigrant. 12 years back when I first got my H1 visa, the requirements to qualify were strict. "
i am not interested in giving red or blue dots but i do hope your citizenship application gets stuck in a processing delay, you too will then realize the implication of your so called Darwinian flush :rolleyes: As they say...when it happens to others its a recession, when it happens to you it turns into a depression...good luck..
I hope your post did not imply that the ones who got GC's were the 'brightest and the best'.
i am not interested in giving red or blue dots but i do hope your citizenship application gets stuck in a processing delay, you too will then realize the implication of your so called Darwinian flush :rolleyes: As they say...when it happens to others its a recession, when it happens to you it turns into a depression...good luck..
I hope your post did not imply that the ones who got GC's were the 'brightest and the best'.
485Mbe4001
09-23 05:38 PM
You can always edit your letter with comments that suit your case. The objective is to send a letter to support the idea. They they work out the details if and when they discuss it.
OK... I support the initiative because it will remove some people ahead of me in line. However, I bought a house last week with 3% downpayment on FHA loan, and now how can I justify writing an email with the draft that urges for GCs only for those who paid 20% downpayment?
Can you give me some thoughts on this so that I can make my selfish mind to agree on writing this email to congress?
OK... I support the initiative because it will remove some people ahead of me in line. However, I bought a house last week with 3% downpayment on FHA loan, and now how can I justify writing an email with the draft that urges for GCs only for those who paid 20% downpayment?
Can you give me some thoughts on this so that I can make my selfish mind to agree on writing this email to congress?
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Rohan99
07-21 12:03 PM
I am annoyed with these stalkers, they get your phone number and then keep calling you. So I have decided to write their names here
Amitabh Mishra From Sunnyvale area California. You can find this stalker in Sunnyvale area.
More than the money, these guys are plain stalkers! They don't leave you even if you are not interested and even after blindly telling them right on their face. Anywhere you go, Costco, Walmrt, Indian grocery stores, Malls these guys are right behind you. Next time i am calling COPS and i am going to report these guys.
Enough of leaving it or taking it lightly becasue of so called "your countrymen" stuff.
what a PITA!
Amitabh Mishra From Sunnyvale area California. You can find this stalker in Sunnyvale area.
More than the money, these guys are plain stalkers! They don't leave you even if you are not interested and even after blindly telling them right on their face. Anywhere you go, Costco, Walmrt, Indian grocery stores, Malls these guys are right behind you. Next time i am calling COPS and i am going to report these guys.
Enough of leaving it or taking it lightly becasue of so called "your countrymen" stuff.
what a PITA!
more...
nomi
09-29 11:27 AM
Yes, it is. I used it when I went to get my Canadian PR validated in June this year. Are you flying or driving? Make sure you do not surrender your I-94.
Take a letter from your employer and recent paystubs just in case. (They didn't ask for them but take them anyway).
I assume you know all the conditions?
Thanks for your reply. Which I-94 I have to show or use. I have two of them now. One expire with my visa date on 08-30-06 and other of attached with my H1 B extension valid from 8-31-06 to 8-30-09.
Does immigration officer know about this rule at port of entry ??
Should I drive or fly ..which one will be more easy while using this rule ?
Take a letter from your employer and recent paystubs just in case. (They didn't ask for them but take them anyway).
I assume you know all the conditions?
Thanks for your reply. Which I-94 I have to show or use. I have two of them now. One expire with my visa date on 08-30-06 and other of attached with my H1 B extension valid from 8-31-06 to 8-30-09.
Does immigration officer know about this rule at port of entry ??
Should I drive or fly ..which one will be more easy while using this rule ?
mbawa2574
02-15 04:44 PM
Finally an honest admission. You finally say there are more Indian and Chinese here because they have huge population.
If you can't see the insult in keeping to say "best and brightest" then I would have wasted my time.
I am not saying that there are more Chinese and Indians here. I am saying that application process is not fair since it does not give everyone a fair shot.
I am saying if more highly skilled Chinese and Indians apply for the same job,no cap should prevent them from immigration. If there FIFO ( First In and First Out), how will ROW suffer ? Can you explain ?
If you can't see the insult in keeping to say "best and brightest" then I would have wasted my time.
I am not saying that there are more Chinese and Indians here. I am saying that application process is not fair since it does not give everyone a fair shot.
I am saying if more highly skilled Chinese and Indians apply for the same job,no cap should prevent them from immigration. If there FIFO ( First In and First Out), how will ROW suffer ? Can you explain ?
more...
perm2gc
01-23 07:28 PM
Finally he got what he deserved..I wish that US won't deport him..He should spend rest of his life in Federal Prison only.If he goes back to india(AP)..he will open one more company and do the same things.His uncle is famous telugu actor and was a member of parliament also..so he will get all the help he needs.I pray to god that he should be in US federal Prision for rest of his life...
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samay
07-30 04:24 PM
Hello Samay,
First of all thank you so much for answering my questions.
In my LCA(H1B) Prevailing wage is mentioned $ 55K & in my Labor(PERM) application Prevailing wage is mentioned $ 65K.
My labor(PERM) has been approved & I-140 is in process at TSC.
My question is
This diffrence between LCA mentioned prevailing wage(i.e. $55K) & Labor(PERM) prevailing wage(i.e. $65K) going to create any problem at stage of I-140 or later in I-485??
I am getting paid as mentioned in LCA i.e. $55K.
I will greatly appreciate response.
Thanks.
Both these are separate processes and note that the I-140 is for a future job.So relax.
First of all thank you so much for answering my questions.
In my LCA(H1B) Prevailing wage is mentioned $ 55K & in my Labor(PERM) application Prevailing wage is mentioned $ 65K.
My labor(PERM) has been approved & I-140 is in process at TSC.
My question is
This diffrence between LCA mentioned prevailing wage(i.e. $55K) & Labor(PERM) prevailing wage(i.e. $65K) going to create any problem at stage of I-140 or later in I-485??
I am getting paid as mentioned in LCA i.e. $55K.
I will greatly appreciate response.
Thanks.
Both these are separate processes and note that the I-140 is for a future job.So relax.
more...
bfadlia
02-15 12:57 PM
You guys keep saying diversity is a FB immigration problem only not EB, hence no cap needed in EB.
REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.
Cheers.
Let's stay united and focus on the orignal agenda. Removing country based caps from Employment Based Green cards is a valid agenda and is been there before this VB popped up. Skills don't need a cap.Business should be able to hire best and brightest here without any country limits.
Enforce country cap on Family based GC/DV lotterry for the diversity sake. FYI India and China don't have access to DV Lottery. This system is insane and let's not fight among ourselves to defend this crappy immigration system. . U may see ROW retrogress to 1998 in next VB and what will u say then ?. Bottom line is Fighting will not take us anywhere and changing this unpredictable system will be the only way to go.
REALLY? Is it a coincidence that a desi company owner will usually have 99% of his emploees Indian? Thinking that employment depends only on skills is not realistic. A lot of the networking based on national origin interferes with how at least H1 jobs are landed here. So there is a reason to have rules preventing a monopoly.
Cheers.
Let's stay united and focus on the orignal agenda. Removing country based caps from Employment Based Green cards is a valid agenda and is been there before this VB popped up. Skills don't need a cap.Business should be able to hire best and brightest here without any country limits.
Enforce country cap on Family based GC/DV lotterry for the diversity sake. FYI India and China don't have access to DV Lottery. This system is insane and let's not fight among ourselves to defend this crappy immigration system. . U may see ROW retrogress to 1998 in next VB and what will u say then ?. Bottom line is Fighting will not take us anywhere and changing this unpredictable system will be the only way to go.
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desi3933
07-27 02:23 PM
Nobody is misguiding anyone. Talk to your lawyer and find out. Amway doesn't offer you employment.
What you get is 1099-MISC the same you get for your stocks and investments. Talk to your lawyer and find out.
It is correct that Amway doesn't offer employment, but the Amway activities are self-employment activities and therefore are under review for valid and authorized employment.
Only US residents, who are authorized for self-employment, can run their business or home based business activities.
Can someone on H-4 visa status can run Amway baed home business? Yes/No. I know you will say "check with your accountant/lawyer" line knowing well H-4 can not be self-employed.
______________________
Not a legal advice.
US citizen of Indian origin
What you get is 1099-MISC the same you get for your stocks and investments. Talk to your lawyer and find out.
It is correct that Amway doesn't offer employment, but the Amway activities are self-employment activities and therefore are under review for valid and authorized employment.
Only US residents, who are authorized for self-employment, can run their business or home based business activities.
Can someone on H-4 visa status can run Amway baed home business? Yes/No. I know you will say "check with your accountant/lawyer" line knowing well H-4 can not be self-employed.
______________________
Not a legal advice.
US citizen of Indian origin
more...
krish2005
01-14 12:15 PM
To the poster of this thread.
Voted your thread as 5 stars given the severity. The info provided by you is so very critical to our survival as H1B in US.
Voted your thread as 5 stars given the severity. The info provided by you is so very critical to our survival as H1B in US.
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user1205
02-12 02:55 PM
I doubt it. I think we'll start seeing the results of that rule in the next couple of months and then it will maybe get retrogressed.
Does this mean they have accounted for the people who will claer the name check hurdle after the recent memo? I was expecting EB2 ROW to retrogress based on that.
Does this mean they have accounted for the people who will claer the name check hurdle after the recent memo? I was expecting EB2 ROW to retrogress based on that.
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logiclife
01-23 05:18 PM
what happens to the people who got their GC's using labor from this guys company? Hopefully they are not affected, it will be sad to see their lives in trouble because of him.
They will be affected. If you pay cash $20,000 to buy an approved labor, you are breaking that law too, and at the minimum, they would be reapplying for GC again, at the maximum, deportation, for breaking immigration laws.
In fact, if your immigration case was approved with fraudulent information/documents unbeknownst to you and if you employer was alone in the fraud, even then the approved petition(whether its H1, labor, 140, 485) would be voided by USCIS.
What is really frustrating is that backlog centers keep approving labors from very early priority dates and these employers keep responding to 45 day letters saying that "Yes" they want to proceed with labor even though the employee would have left a long time ago. And they do it with the intention of either selling it for cash or using it as an incentive to hire a person on a lower-than-market salary. That it is one of the reasons why PDs are not moving forward...all these old old labors are being recycled into the system.
And this was cybersoftec was in Edison NJ. I wouldnt be surprised if you can find a dozen companies doing this within 1 mile radius of this guy in Edison NJ. No offense meant to NJ or the township of Edison. But boy that place reeks with stinking desi employers.
The only thing that has stopped since Nick Mandalappa was caught is that they've stopped selling it on sulekha.com. If he hadnt been caught, then these guys would be selling approved labors on eBay by now.
They will be affected. If you pay cash $20,000 to buy an approved labor, you are breaking that law too, and at the minimum, they would be reapplying for GC again, at the maximum, deportation, for breaking immigration laws.
In fact, if your immigration case was approved with fraudulent information/documents unbeknownst to you and if you employer was alone in the fraud, even then the approved petition(whether its H1, labor, 140, 485) would be voided by USCIS.
What is really frustrating is that backlog centers keep approving labors from very early priority dates and these employers keep responding to 45 day letters saying that "Yes" they want to proceed with labor even though the employee would have left a long time ago. And they do it with the intention of either selling it for cash or using it as an incentive to hire a person on a lower-than-market salary. That it is one of the reasons why PDs are not moving forward...all these old old labors are being recycled into the system.
And this was cybersoftec was in Edison NJ. I wouldnt be surprised if you can find a dozen companies doing this within 1 mile radius of this guy in Edison NJ. No offense meant to NJ or the township of Edison. But boy that place reeks with stinking desi employers.
The only thing that has stopped since Nick Mandalappa was caught is that they've stopped selling it on sulekha.com. If he hadnt been caught, then these guys would be selling approved labors on eBay by now.
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JunRN
05-29 11:47 AM
3.2K visas for EB2I includes all applicants. So regardless of what type of processing, the last person to get his GC is 19 years from now, correct?
Yeah, but your 60k only includes AOS, not CP, right?
Yeah, but your 60k only includes AOS, not CP, right?
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samay
08-25 03:01 PM
Hello Sir/Madam,
Recently I have E-Filed for EAD renew and have sent all the supporting documents the following day. But I have recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you can suggest me.
Regards
Vijay
p.s I have already responded to the RFE with 2 color photos.
Its enough that you have responded the RFe and sent the photos.
Recently I have E-Filed for EAD renew and have sent all the supporting documents the following day. But I have recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you can suggest me.
Regards
Vijay
p.s I have already responded to the RFE with 2 color photos.
Its enough that you have responded the RFe and sent the photos.
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Hassan11
07-12 09:13 AM
I am not sure if this is true or false but I thought to share. it might be a good news for July filers:
07/12/2007: USCIS Reportedly Returning Visa Numbers to DOS
AILA has reported that when Rep. Lofgren issued a letter to Secretary Chertoff, she also disclosed that "It has also come to my attention that USCIS began returning visa numbers to the State Depaartment as early as Thrusday, July 5, 2007." It could be the answer to our question why they are holding July filing cases and why they stopped adjudicating 485 cases for which they pull out the numbers before July 2, 2007. What a mess!
07/12/2007: USCIS Reportedly Returning Visa Numbers to DOS
AILA has reported that when Rep. Lofgren issued a letter to Secretary Chertoff, she also disclosed that "It has also come to my attention that USCIS began returning visa numbers to the State Depaartment as early as Thrusday, July 5, 2007." It could be the answer to our question why they are holding July filing cases and why they stopped adjudicating 485 cases for which they pull out the numbers before July 2, 2007. What a mess!
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kumjay
06-27 04:20 PM
Last one was good one from arihant.
Lets move dates back to.......hmmm....when Columbus discovered America. Guys....Was Columbus on H1-B? Then he changed his status to Green Card....Gosh....dates were current when Columbus landed.....
Lets move dates back to.......hmmm....when Columbus discovered America. Guys....Was Columbus on H1-B? Then he changed his status to Green Card....Gosh....dates were current when Columbus landed.....
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amitjoey
07-03 04:59 PM
If we report "Unofficial report of Scandal at USCIS". That will be picked up by everyone. I am sending it to all the reporters, please help out. We need hundreds of emails to be sent out to create the ripple, or should I say the flood.
4th of JULY is a great day to get this published.
4th of JULY is a great day to get this published.
mbawa2574
02-15 04:55 PM
Dingudi,
I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.
You just sound idiotic
I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.
You just sound idiotic
pune_guy
07-08 01:59 PM
Hi,
I have an approved labor and I-140. I have applied for I-485 during the July 07 fiasco and also have EAD and AP. It has been more than 180 days and I am toying with the idea of using AC21 to switch jobs. Recently I got the copy of the labor approval and found that that the OCC code (17-2072.00) and OCC title (Electronics Engineer) in the approved labor does not match with the title (Software Engineer) filled in by my company. All the other details like requirements and experience is pertaining to a software engineer position. But the approval came with "Electronics Engineer" job title.
This may be due to how the job description in the labor application is written. It does not have the word software, instead it uses the word solution such as "design, develop and test client-server solutions for semiconductor equipments". What I actually do is develop software applications to automate semiconductor equipment.
My question is can I use AC21 to switch job with title "Sr. Software engineer", where the job is same/similar to what I currently do? The OCC codes for this new job will not match with the one in labor?
Does this mean I am stuck? or can I change jobs and this can be explained to the immigration officer if I am called for an interview during adjucation of my case?
I'd appreciate your opinion in this matter.
Thanks
I have an approved labor and I-140. I have applied for I-485 during the July 07 fiasco and also have EAD and AP. It has been more than 180 days and I am toying with the idea of using AC21 to switch jobs. Recently I got the copy of the labor approval and found that that the OCC code (17-2072.00) and OCC title (Electronics Engineer) in the approved labor does not match with the title (Software Engineer) filled in by my company. All the other details like requirements and experience is pertaining to a software engineer position. But the approval came with "Electronics Engineer" job title.
This may be due to how the job description in the labor application is written. It does not have the word software, instead it uses the word solution such as "design, develop and test client-server solutions for semiconductor equipments". What I actually do is develop software applications to automate semiconductor equipment.
My question is can I use AC21 to switch job with title "Sr. Software engineer", where the job is same/similar to what I currently do? The OCC codes for this new job will not match with the one in labor?
Does this mean I am stuck? or can I change jobs and this can be explained to the immigration officer if I am called for an interview during adjucation of my case?
I'd appreciate your opinion in this matter.
Thanks
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