neerajkandhari
10-25 10:02 PM
same boat
no AP as yet
no AP as yet
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hpandey
01-30 11:45 AM
My company has filed an AOS application on July 02 2007 using an approved EB3 I-140 (PD = Sep 2001). Then in Dec 2007, they have filed a EB2 I-140 using an approved EB2 PERM to convert the pending AOS apllication to EB2, hoping to port the priority date of pending AOS application to EB2 Sep 2001. EB2 priority dates were retrogressed after the EB2 I-140 was filed.
I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.
Appreciate your feedbacks on this.
Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.
Appreciate your feedbacks on this.
Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.
Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.
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martinvisalaw
03-16 04:27 PM
1) Since she doesn't have any paystub/w2, is it possible to do COS?
She doesn't need a paystub to change from H-4 to H-1B. In fact, a paystub would hurt since she should not be working in H-4 status.
2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
The employer's attorney will tell her what documents she needs to probe her current status.
3) How long does it take to complete the COS if done by PP.
PP guarantees a response in 15 calendar days
4) How much risk does this case carry/what are the issues she could face?
What type of risk do you worry about? I don't see any more risk here than in any other H-1B petition.
She doesn't need a paystub to change from H-4 to H-1B. In fact, a paystub would hurt since she should not be working in H-4 status.
2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
The employer's attorney will tell her what documents she needs to probe her current status.
3) How long does it take to complete the COS if done by PP.
PP guarantees a response in 15 calendar days
4) How much risk does this case carry/what are the issues she could face?
What type of risk do you worry about? I don't see any more risk here than in any other H-1B petition.
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god_bless_you
04-27 12:53 PM
With the following conditions:
Approved 140( already 6 months over)
8th Year H1B extension
485 not filed(Regression!!)
it is necessary that previous Employer has to keep I140 open Right??
Approved 140( already 6 months over)
8th Year H1B extension
485 not filed(Regression!!)
it is necessary that previous Employer has to keep I140 open Right??
more...
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eagerr2i
07-21 02:24 AM
For degree evaulation , pls visit AERC web site at www.aerc-eval.com/ There are other agencies as well that do these evaluations.
After that take CBEST, if you clear the exam, apply for admission to a credentail program. It will take about 50-60 credit hrs to complete the program. It will include about 4 months of teaching a 2 different schools which is called as directed teaching.Also you need to clear a battery of 3 exams called CSET which establishes subject matter competency in the subject credential you are working on. After that you apply to the Commission of Teacher Credentialing at the state capital and you get your certificate. Depending on haw fast you go, it could take any where between 2 years to 3.5 yrs to finish the program. Jobs are plenty in areas of Math, Physics for sure. Schools look for delivery style and communication skills a lot.
Take a look at your time left on H1B , make sure that ur wife can complete the program within your 6 year of H1B else she would not be able to convert from H4 to H1 unless you get your GC or EAD. Pls email me if you have any additional questions.
Salary is so-so about 50 K starting in CA, but good thing is that you work for only 9.5 months and your vacation and schedule could sync with that of kids and you could spend a good amount of time with kids unlike the other 8-5 jobs...!
After that take CBEST, if you clear the exam, apply for admission to a credentail program. It will take about 50-60 credit hrs to complete the program. It will include about 4 months of teaching a 2 different schools which is called as directed teaching.Also you need to clear a battery of 3 exams called CSET which establishes subject matter competency in the subject credential you are working on. After that you apply to the Commission of Teacher Credentialing at the state capital and you get your certificate. Depending on haw fast you go, it could take any where between 2 years to 3.5 yrs to finish the program. Jobs are plenty in areas of Math, Physics for sure. Schools look for delivery style and communication skills a lot.
Take a look at your time left on H1B , make sure that ur wife can complete the program within your 6 year of H1B else she would not be able to convert from H4 to H1 unless you get your GC or EAD. Pls email me if you have any additional questions.
Salary is so-so about 50 K starting in CA, but good thing is that you work for only 9.5 months and your vacation and schedule could sync with that of kids and you could spend a good amount of time with kids unlike the other 8-5 jobs...!
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saimrathi
08-02 01:40 PM
I dont think there is anway of tracking money orders from USPS..
I sent money orders for 485. is there a way to track if money orders were cashed by USCIS..the money already left my bank once the money order was issued by my bank
I sent money orders for 485. is there a way to track if money orders were cashed by USCIS..the money already left my bank once the money order was issued by my bank
more...
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roseball
04-02 02:06 AM
What I have mostly heard is that people in consulting jobs are the ones who are having issues at POEs and not the ones in permanent/full-time positions...I am not making a statement here but saying this is what I heard and read.
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kumar1
03-05 01:42 AM
Ha ha ha....I can see "someone" standing naked.......
I am apologetic if my message sent any wrong signals anywhere.
But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.
I am apologetic if my message sent any wrong signals anywhere.
But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.
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mammoy2k
09-21 07:11 PM
Look at the reason why I-140 can be denied:
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
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roseball
11-26 05:28 PM
Today when I looked the I-485 status I found the status changed to card production ordered. I'm traveling to India on 1st Dec (coming saturday). It is a business trip and I'm unable to postpone it. My attorney says If I travel now, they will consider the GC abandoned. Is this true?? I have an approve AP with me. I also planned to stamp my H1B visa in India. What a confusion!
Gurus please give your thoughts.
Anil
As far as I know, if you re-enter using AP, you should just be fine..I would not get the H1B stamp and enter on H1....
Gurus please give your thoughts.
Anil
As far as I know, if you re-enter using AP, you should just be fine..I would not get the H1B stamp and enter on H1....
more...
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jonty_11
09-17 12:41 PM
It is one of the greatest rallying the tropos efforts I have seen. Lets march together shoulder to shoulder and demand equality and justice. It has been long overdue....
Please do whatever you can to attend teh rally if you are in the vicinity....!!
Please do whatever you can to attend teh rally if you are in the vicinity....!!
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langagadu
06-28 09:09 AM
I think you deserve green.
See this news, a muslim filed a criminal compliant on the Beedi company but the court ruled out the case.
Ganesh trademark on beedi pouches is okay, rules HC (http://www.expressindia.com/news/ie/daily/19990913/ige13087.html)
Don't we have a popular Beedi( a type of cigarette ) in India with the image of Lord Ganesh on its cover . It is very very popular beedi brand in Karnataka . Is this allowed , I never saw any backlash against this in India itself . Strange that this kind of backlash happens more in the west than India.
http://lh3.ggpht.com/_YKKiMO0Sv84/R8NFWbO2lGI/AAAAAAAAA8k/7a5qqqodX98/DSC_02700014.JPG
Just some bitter facts , I do not deserve a reds for this :D
See this news, a muslim filed a criminal compliant on the Beedi company but the court ruled out the case.
Ganesh trademark on beedi pouches is okay, rules HC (http://www.expressindia.com/news/ie/daily/19990913/ige13087.html)
Don't we have a popular Beedi( a type of cigarette ) in India with the image of Lord Ganesh on its cover . It is very very popular beedi brand in Karnataka . Is this allowed , I never saw any backlash against this in India itself . Strange that this kind of backlash happens more in the west than India.
http://lh3.ggpht.com/_YKKiMO0Sv84/R8NFWbO2lGI/AAAAAAAAA8k/7a5qqqodX98/DSC_02700014.JPG
Just some bitter facts , I do not deserve a reds for this :D
more...
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LostInGCProcess
08-28 02:41 PM
Copy of Biographic Page of Passport
I am curious: What is Biographic page of Passport? Is it just the first page and the last page where you have all the info about you and home address etc...???
I am curious: What is Biographic page of Passport? Is it just the first page and the last page where you have all the info about you and home address etc...???
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dilbert_cal
03-29 11:19 PM
Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.
If what you are saying constitutes a fraud, isnt filing the PERM the first step of the fraud and thats already committed -
I'm not a lawyer - so dont know much about legalities - but this is a common practise nowadays - filing multiple labor petitions for the same person does happen - I believe it certainly is possible that you can go forward provided and thats very important - provided your company is willing to cooperate. It can always happen that they had job 'X' initially but later on the requirements changed which created job 'Y'. Now, you are overqualified for 'Y' as X's qualitifications were greater than Y but that doesnt stop you from applying for or to be considered for job 'Y'. There are folks who have 10 years of experience and their labor is for 2 or 3 years of experience. Certainly doesnt look like fraud to me - of course, if your company wants you to be stuck - you dont have much choices. I've known another instance where the company claimed it may be fraud and on something that they had proposed to do all along - things did sort out finally but its a long story :-)
If what you are saying constitutes a fraud, isnt filing the PERM the first step of the fraud and thats already committed -
I'm not a lawyer - so dont know much about legalities - but this is a common practise nowadays - filing multiple labor petitions for the same person does happen - I believe it certainly is possible that you can go forward provided and thats very important - provided your company is willing to cooperate. It can always happen that they had job 'X' initially but later on the requirements changed which created job 'Y'. Now, you are overqualified for 'Y' as X's qualitifications were greater than Y but that doesnt stop you from applying for or to be considered for job 'Y'. There are folks who have 10 years of experience and their labor is for 2 or 3 years of experience. Certainly doesnt look like fraud to me - of course, if your company wants you to be stuck - you dont have much choices. I've known another instance where the company claimed it may be fraud and on something that they had proposed to do all along - things did sort out finally but its a long story :-)
more...
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champu
02-19 06:21 PM
Also, how USCIS knows I am working on EAD and not H1B (assuming I have valid EAD and H1B)
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danu2007
07-14 12:43 AM
It will update on a daily basis..So please keep posting your signatures
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yetanotherguyinline
02-01 01:40 PM
Done! Below is my message.
I am a high tech immigrant struck in backlog for about ten years now. Imagine the agony of having to do a narrowly specified set of tasks for ten years when your peers have gone on become vice presidents! I hope the administration does work on clearing off green card back logs for hitech immigrants and help them help America by creating new enterprises and jobs.
-H
I am a high tech immigrant struck in backlog for about ten years now. Imagine the agony of having to do a narrowly specified set of tasks for ten years when your peers have gone on become vice presidents! I hope the administration does work on clearing off green card back logs for hitech immigrants and help them help America by creating new enterprises and jobs.
-H
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sands_14
10-21 02:39 PM
my wife's ssn is tuck because of no online update of her h1 approval.It still shows Pending & received 4months after approval letter received.
What can i do to expedite the process??
Please advise
What can i do to expedite the process??
Please advise
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sanju
11-27 11:36 PM
Hi,
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
If he goes to court with that promissory note, you can file lawsuit in labor court saying that he is exploiting you and making you hostage of the promissory note. If challenged in court, the judge will throw out that promissory note as the employer used his power over you to sign that agreement. If there is any pressure used to make someone sign a document, the validity of that document can be challenged. Also, exploitation lawsuit will expose your employer to summons and checks from USCIS and DOL, which basically means close of business.
If I were you, this is what I would do. Consult an attorney in Labor law domain and ask him to represent you. Find another employer, change the H1, then tell your lawyer to call this employer for exploitation charges. It is possible that you may be able to get damages and compensation for exploitation.
.
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
If he goes to court with that promissory note, you can file lawsuit in labor court saying that he is exploiting you and making you hostage of the promissory note. If challenged in court, the judge will throw out that promissory note as the employer used his power over you to sign that agreement. If there is any pressure used to make someone sign a document, the validity of that document can be challenged. Also, exploitation lawsuit will expose your employer to summons and checks from USCIS and DOL, which basically means close of business.
If I were you, this is what I would do. Consult an attorney in Labor law domain and ask him to represent you. Find another employer, change the H1, then tell your lawyer to call this employer for exploitation charges. It is possible that you may be able to get damages and compensation for exploitation.
.
WillIBLucky
06-18 10:44 AM
But, when the doctor asks you if you having any history of problems then you may have to tell him that.
Else, you should be fine. Good Luck
Else, you should be fine. Good Luck
thomachan72
01-12 08:28 AM
:p
Call me superstitious but just wanted to kick off this thread again in the hope that this miracle will repeat this year. I have a gut feeling 2011 will bring that magic moments again.
Hi Floridasun, hope your superstition pulls off a miracle!!
If it does I would strongly adivce you to purchase a lottery ticket :):):)
Call me superstitious but just wanted to kick off this thread again in the hope that this miracle will repeat this year. I have a gut feeling 2011 will bring that magic moments again.
Hi Floridasun, hope your superstition pulls off a miracle!!
If it does I would strongly adivce you to purchase a lottery ticket :):):)
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