hsd31
03-20 03:20 PM
I needed some advice on this situation I've found myself in.
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May, refiled Oct 07 with the current employer) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide on weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May, refiled Oct 07 with the current employer) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide on weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
immigration1234
07-14 10:24 AM
We have travelled in mid May '09 from via Frankfurt on AP and we did not have any problems.
h1techSlave
07-10 10:12 AM
My opinion is that there is not much point in looking for a different country. Most of us have been in the US and have developed some kind of roots here already. So GC is needed and we deserve it.
If there is no GC in the horizon, pack up and go back. And like the guy in CA mentioned in the news article, none of us will be charming snakes in India.
Cheers,
h1techSlave
If there is no GC in the horizon, pack up and go back. And like the guy in CA mentioned in the news article, none of us will be charming snakes in India.
Cheers,
h1techSlave
zinchak
10-19 01:34 AM
Please see this if you have an emergency.
http://boards.immigration.com/showthread.php?t=260914&highlight=guard
Good luck
http://boards.immigration.com/showthread.php?t=260914&highlight=guard
Good luck
more...
angelfire76
06-04 02:53 PM
A friend of mine who's an account manager with Wipro said that all their H1 extensions have received multiple RFEs, with the standard wording on each RFE (client contract details, no. of people working at that location, immigration status of the people working at that location, demonstrate that the job is a specialty occupation (H1Bs for janitors anybody? ) ), client letter (even if the H1B is for a project starting 2 months down the line with a valid SOW)
Looks like the adjudicating officers have a standard template which they issue to all non-product companies as RFE. It's plain harassment that's all foolishly thinking that if we drive the H1Bs out then automatically the companies will be forced to hire locally. What they don't understand is that the companies will offshore even more work, as already being done by hiring one GC guy to co-ordinate the rest of the team in India. :rolleyes:
Looks like the adjudicating officers have a standard template which they issue to all non-product companies as RFE. It's plain harassment that's all foolishly thinking that if we drive the H1Bs out then automatically the companies will be forced to hire locally. What they don't understand is that the companies will offshore even more work, as already being done by hiring one GC guy to co-ordinate the rest of the team in India. :rolleyes:
sukhyani
03-05 02:04 PM
copy of current employment letter and future job offer...Does this has to be with same company...OR...
Can Current letter be from new Co.(u switced to using AC21) and Future Employment offer leeter has to be from teh Orig Spnsoring Employer???
My I140 sponsor is not my current employer. That's why I had to furnish both current employment letter and future employment offer letter. I have not changed employer as yet though.
If you invoked AC21, I believe you are right, you would have to furnish employment letter from your current employer and offer letter from the orig sponsoring petitioner.
Can Current letter be from new Co.(u switced to using AC21) and Future Employment offer leeter has to be from teh Orig Spnsoring Employer???
My I140 sponsor is not my current employer. That's why I had to furnish both current employment letter and future employment offer letter. I have not changed employer as yet though.
If you invoked AC21, I believe you are right, you would have to furnish employment letter from your current employer and offer letter from the orig sponsoring petitioner.
more...
cherish37
10-24 02:16 PM
Anyone still not able to check online status for receipt number starts with SCR08007? It's been two weeks from the notice date.
PD_Dec2002
06-29 11:34 AM
what is mandatory?.....what happens if a person has to move 6 months after they file I-485.....aint they going to change their address??.....can we use AR-11 to do that?....there is no way I can wait for 4 years at my current place to get my green card in hand.....would appreciate any suggestions
What is mandatory is that you have to provide YOUR address to get the GC. Your friend's address is not YOUR address. If you move after 6 months invoking AC21 or just buy a house down the street, you would need to notify USCIS about YOUR new address so they will send the GC to the new address.
Thanks,
Jayant
What is mandatory is that you have to provide YOUR address to get the GC. Your friend's address is not YOUR address. If you move after 6 months invoking AC21 or just buy a house down the street, you would need to notify USCIS about YOUR new address so they will send the GC to the new address.
Thanks,
Jayant
more...
beppenyc
04-27 02:45 PM
I was watching an interview with John McCain on larry king live 2 or 3 days ago. Mccain said that an immigration bill would be introduced in the senate in a week or two which would focus on border security first, i am not sure what that means, focusiing on border security first, good or bad for us? would that mean our provisions will be moved to a later stage where border security is ratified first before anything can happen etc etc which is what anti-immigrants want.
No, it means that the bill will have some trigger or benchmark before any legalization for the undocumented workers.
No, it means that the bill will have some trigger or benchmark before any legalization for the undocumented workers.
tinamatthew
07-17 04:58 PM
Aug bulletin:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html
IS THIS GOOD NEWS?? UNAVAILABLE FOR EVERY EMPLOYMENT BASED CATEGORY???
http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html
IS THIS GOOD NEWS?? UNAVAILABLE FOR EVERY EMPLOYMENT BASED CATEGORY???
more...
alien2006
09-27 03:25 PM
Okay this might seem really silly, but ... we got two kids < 2 years and our FP apt is at 8am. That's definitely going to mean cranky kids so I want to prepare as much as possible for the worst.
Question - How much time does the FP process take for two people? Ours is code 3 - fingerprints, photos, if that makes any difference. Is there typically a long wait at the USCIS centers?
Question - How much time does the FP process take for two people? Ours is code 3 - fingerprints, photos, if that makes any difference. Is there typically a long wait at the USCIS centers?
jsquare
08-21 09:24 AM
I am filing for my EAD renewal and had a quick question...I have an EAD card from when I was in college and did my OPT. The problem though is that I do not have some of the details that they ask for while filing EAD renewal, such as what Center was it processed at & what was the application date.
I have already called USCIS & they cant pull up what center my EAD was filed at or the date it was filed. Can anyone suggest what I should do in this situation? What do I put in the form? Does anyone have similar experiences?
I suggest, call immigration department of your Graduate school, they must have the details. Or just leave it blank that information. One of my friend had EAD on OPT and when he applied firt time for EAD(while pending I-485), he left that information as blank and he got his EAD
These are my suggetions
I have already called USCIS & they cant pull up what center my EAD was filed at or the date it was filed. Can anyone suggest what I should do in this situation? What do I put in the form? Does anyone have similar experiences?
I suggest, call immigration department of your Graduate school, they must have the details. Or just leave it blank that information. One of my friend had EAD on OPT and when he applied firt time for EAD(while pending I-485), he left that information as blank and he got his EAD
These are my suggetions
more...
joelly
04-17 06:12 PM
:eek: I don't get it.
How can someone call themselves anti-immigrant? Those people who belong to the Anti-Immigrant group is actually an immigrant themselves somewhere in time.
We all surely knows who is native american, right?
Lets not forget, America was and continues to prosper because of hardworking and honest immigrants..
How can someone call themselves anti-immigrant? Those people who belong to the Anti-Immigrant group is actually an immigrant themselves somewhere in time.
We all surely knows who is native american, right?
Lets not forget, America was and continues to prosper because of hardworking and honest immigrants..
texcan
02-16 11:11 AM
hi there is a clause "same or similar field", so as per shiela murthy, ron gotcher and prashanthi reddy, as long as you are in a IT related job its ok, you cannot go from IT to healthcare or cross fields.
so you are safe.
But find out from your attorney if it is mandatory to file Ac21, because as long as i know, some attorneys say not to file it, as it just causes more confusions. But find out if it is legal not to file Ac21.
AC21 by law is not mandatory to file, does not matter what any attorney says. Some attorneys might want to make some money off of you and create a scare.
My attorney did mention that i should be in similiar field ( exactly as gcdreamer has mentioned here) that one should not more from IT to selling burgers or being a realtor as their primary jobs.
After 8 years is this h1 circus....i have moved on to get some certifications, experience in industry. how in the world can i stick to the same job on this GC was filed...
Imaging this, you play by rules and GC takes lets say.....20 years...will you be stuck at same job..no. on top of this what if at time of GC adjucation, you might get hit by some....obscure rule created by Grassley like folks....sitting on a tractor in IDAHO and planning for IT industry in San Francisco..he for sure would like you to stick to same field....same employer/farmer...as was in old days of slavery....
I say go for the advancement in career, you are not doing anything wrong.
My 2 cents.
so you are safe.
But find out from your attorney if it is mandatory to file Ac21, because as long as i know, some attorneys say not to file it, as it just causes more confusions. But find out if it is legal not to file Ac21.
AC21 by law is not mandatory to file, does not matter what any attorney says. Some attorneys might want to make some money off of you and create a scare.
My attorney did mention that i should be in similiar field ( exactly as gcdreamer has mentioned here) that one should not more from IT to selling burgers or being a realtor as their primary jobs.
After 8 years is this h1 circus....i have moved on to get some certifications, experience in industry. how in the world can i stick to the same job on this GC was filed...
Imaging this, you play by rules and GC takes lets say.....20 years...will you be stuck at same job..no. on top of this what if at time of GC adjucation, you might get hit by some....obscure rule created by Grassley like folks....sitting on a tractor in IDAHO and planning for IT industry in San Francisco..he for sure would like you to stick to same field....same employer/farmer...as was in old days of slavery....
I say go for the advancement in career, you are not doing anything wrong.
My 2 cents.
more...
insbaby
05-04 06:00 PM
Hi my father lost his passport at the airport today and with it his I94 and US B1 visa. We do have scanned copies of his US Visa and Passport. I would appreciate any pointers on the following question -
1. What are my next steps?
2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
3. Would he have to go through his visa stamping again?
Much apprecaite your reply.
-
There are few steps you have to follow:
1. As the previous post says, report to the nearest police station and get the number.
2. Find which consulate gives service to your state from this URL http://www.indianembassy.org/newsite/consultates.asp
3. Go to their website, and there is an emergency number/lost passport number, call and inform them.
4. You have to fill up the application forms (they will guide you), includes the scanned copies of the old passport and proper fees, overnight to them.
They will process it and issue either a new passport or temporary passport to your father in a quick period of time. It may not be in a week, but surely won't take more than a month.
5. Inform USCIS the same and get guidance from them.
The only issue you have during this process is, he may not be able to travel within US without proper photo ID. You should be ok within your city as he is senior.
Always keep the copy of the scanned passport at hand when going out.
Good luck.
1. What are my next steps?
2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
3. Would he have to go through his visa stamping again?
Much apprecaite your reply.
-
There are few steps you have to follow:
1. As the previous post says, report to the nearest police station and get the number.
2. Find which consulate gives service to your state from this URL http://www.indianembassy.org/newsite/consultates.asp
3. Go to their website, and there is an emergency number/lost passport number, call and inform them.
4. You have to fill up the application forms (they will guide you), includes the scanned copies of the old passport and proper fees, overnight to them.
They will process it and issue either a new passport or temporary passport to your father in a quick period of time. It may not be in a week, but surely won't take more than a month.
5. Inform USCIS the same and get guidance from them.
The only issue you have during this process is, he may not be able to travel within US without proper photo ID. You should be ok within your city as he is senior.
Always keep the copy of the scanned passport at hand when going out.
Good luck.
Wish_Good
05-07 01:00 AM
Morchu's suggestion is a very good one. You file for a premium H1 with all the documentation and new approved I140. Can you share why your previous 485 was rejected?
-cheers
kris
Hi Krishnam70,
Here is my complete details:
Company A:
I was on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
I-485 Denied on June 26th, 2008(Denied because I-140 was denied).
Applied for MTR (I-120 B)for I-140. But denied again on Feb, 2009.
Applied one more MTR (appeal)for I-140 on March 13th, 2009 (check cashed by USCIS.. receipt copy not yet received).
Company B:
This Company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
H1 approved for this Company in July 2008 (Valid upto July 13th 2009).
Joined this company in Aug 2008
I-140 approved with this company Jan 2009.
Jan 23, 2009 H1 extension applied... Got denial notice on 30th march 2009 (dt.mar24, 2009)
Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act.
Applied MTR(Appeal) on this H1 Denail and got Receipt. Waiting for response.
Thanks
Wish_Good.
-cheers
kris
Hi Krishnam70,
Here is my complete details:
Company A:
I was on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
I-485 Denied on June 26th, 2008(Denied because I-140 was denied).
Applied for MTR (I-120 B)for I-140. But denied again on Feb, 2009.
Applied one more MTR (appeal)for I-140 on March 13th, 2009 (check cashed by USCIS.. receipt copy not yet received).
Company B:
This Company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
H1 approved for this Company in July 2008 (Valid upto July 13th 2009).
Joined this company in Aug 2008
I-140 approved with this company Jan 2009.
Jan 23, 2009 H1 extension applied... Got denial notice on 30th march 2009 (dt.mar24, 2009)
Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act.
Applied MTR(Appeal) on this H1 Denail and got Receipt. Waiting for response.
Thanks
Wish_Good.
more...
Alabaman
04-30 06:23 PM
all talk... talk talk talk...no action
looneytunezez
03-08 01:15 PM
Congrats............
GCOP
10-21 05:07 PM
I also called the number 202-224-7703. The lady told me that, it is scheduled for hearing this fall and we can check on Website judiciary.senate.gov . She said, usually they post the date, 1 week before the hearing in the committee. She is also told that, she is going to pass on the message for hearing, to the senators.
SREE_485
08-13 04:31 PM
My employer asked me to send my 485 application directly to NSC instead of attorney Since there was a wide spread rumor last month( june ) end that USCIS going to accept the applications that are going reach them only on July 2nd and I did exactly the same thing. NSC received my application by July 2 at 7:30am.
I properly signed my set of applications (485,765,131,134,325a,g28) and my wife did the same with her set.
I didn't give attorney info on any of the applications except on G-28 FORM.
BUT there is no attorney signature on G-28 FORM since I filed on my own and Is going to create any problem, I mean is there any possibility that USCIS GOING to reject My application? Your help greatly appreciated.
I properly signed my set of applications (485,765,131,134,325a,g28) and my wife did the same with her set.
I didn't give attorney info on any of the applications except on G-28 FORM.
BUT there is no attorney signature on G-28 FORM since I filed on my own and Is going to create any problem, I mean is there any possibility that USCIS GOING to reject My application? Your help greatly appreciated.
purgan
07-27 12:30 PM
Urstruly
I believe your friend and his wife will be fine. They have 180 day+45 day grace period...it is taking NSC quite a while to generate RNs so she will probably get the GC after FY2008 quota is effective in Oct
But seperately I wish I had such good friends:-).
I believe your friend and his wife will be fine. They have 180 day+45 day grace period...it is taking NSC quite a while to generate RNs so she will probably get the GC after FY2008 quota is effective in Oct
But seperately I wish I had such good friends:-).
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