loudoggs
11-21 12:00 AM
You are from ROW....here are some things to consider....
Is your new employer filing your GC under EB-2? If the answer is yes, then you should definitely take the new job and re-file GC and not worry about your EB-3 perm that is pending.
If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).
You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.
Hope this helps. Good luck.
Is your new employer filing your GC under EB-2? If the answer is yes, then you should definitely take the new job and re-file GC and not worry about your EB-3 perm that is pending.
If your new employer is going to file under EB-3, then you have to evaluate which job is better for you (as far as pay, position etc.). If you think the new job is much better than what you have now, then I think you should still go for it. Your PD is very recent and a PD of Aug 2007 and a PD of (say) Feb/Mar 2008 has approximately the same value (according to me).
You have a valid H-1B until June 2009 and since you will apply for your perm LC before June 2008, you are eligible for atleast 1 year H-1B renewals.
Hope this helps. Good luck.
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daishwarya
07-20 03:03 PM
@Sanjay, sent you a private message. Please check.
lazycis
05-01 12:52 PM
If I-485 is still pending, you can try to use AC21 and port old I-140 to new employer. Nothing to lose, a lot to gain if it works out. AC21 is not clearly defined and it's not codified in regulations so you have a good chance to prevail. The only problem I see is that the old employer no longer exists. Termination of the employer's business is one of the reasons for automatic revocation of I-140 (see 8 CFR 205.1(a)(iii)(D)). However if old employer was simply merged into another company, you can argue that business was not terminated.
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ramus
06-20 12:54 PM
It is fine.. I am in the same boat..
Right now she is on H4 . So just mention her status as H4.
I would suggest to go ahead and apply for her EAD and AP.
and since we are filing for AP now, i'd mention H4 on AP. is it right?
Right now she is on H4 . So just mention her status as H4.
I would suggest to go ahead and apply for her EAD and AP.
and since we are filing for AP now, i'd mention H4 on AP. is it right?
more...
Jaime
06-13 01:58 PM
If you are on EB3 then you ARE retrogressed. The entire world (which includes Brazil) is retrogressed on EB3. Now, if you meant to write "EB2" then that's another story...
martinvisalaw
07-13 05:26 PM
You shouldn't need an experience letter to apply for a H-1B visa, especially when the visa is for a different company. Eligibility for H-1B status doesn't depend on experience, it is education that is important.
more...
yabadaba
06-22 09:43 AM
any responce
if u have tb... u have bigger problems than 485
if u have tb... u have bigger problems than 485
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JulyFiler
10-08 06:15 PM
FWIK, EAD is just a work permit. It does not give you any status. So you have your H4 to keep your status and EAD to work.
more...
Ann Ruben
02-04 09:16 PM
Hi Prem,
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
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lazycis
05-07 01:22 PM
from AC21 memo issued on December 27, 2005
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
So find a new job before I-485 is approved.
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
So find a new job before I-485 is approved.
more...
Hello_Hello
01-20 06:29 AM
1. Ravi Venkatesh
2. Rani Swami
3. Hema Prabhu
4. Dayal Sharma
5. Chin Chu
6. Dang Wang
These are some of the people I am proud of who are EB-3. Are you proud of them too ?
2. Rani Swami
3. Hema Prabhu
4. Dayal Sharma
5. Chin Chu
6. Dang Wang
These are some of the people I am proud of who are EB-3. Are you proud of them too ?
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mk58581
06-06 05:47 PM
Hi
Thank u for the response
client is a finacial firm UBS.
Consulting firm is a direct vendor to the client and they transferred my H1 offerrin' me FT
This was the offer they pay $x on a daily basis -- W2
$65k -- they will mention in H1 and the remaining amount as per the W2 they will pay as bonus once every 3 months, tht's wht the agreetment is.
In the contract i was mentioning it says in case i fail to provide services to the vendor i am suposed to pay all the expenses they spent on me but the thing is client rejected the offer and there was no job @ all and they stopped floating my resume, askin' me to find a job myself.
This is the email i received.... but the thing is i never started at all bcoz of clients rejection based on credit report.
You and vendor entered into an agreement on or about March 8th 2010. According to the agreement you were to provide your services to Vendor by working on a project for our client UBS. Your services were to commence on March 22, 2010
To date, you have not fulfilled your obligations nder the agreement and thus youare required to pay Vendor the total sum of amounts for obtaining your work authorisation along with the cost of obtainig your background check.
If i am still not clear please let me knw
Thanks Again
Rgds
Kumar
Thank u for the response
client is a finacial firm UBS.
Consulting firm is a direct vendor to the client and they transferred my H1 offerrin' me FT
This was the offer they pay $x on a daily basis -- W2
$65k -- they will mention in H1 and the remaining amount as per the W2 they will pay as bonus once every 3 months, tht's wht the agreetment is.
In the contract i was mentioning it says in case i fail to provide services to the vendor i am suposed to pay all the expenses they spent on me but the thing is client rejected the offer and there was no job @ all and they stopped floating my resume, askin' me to find a job myself.
This is the email i received.... but the thing is i never started at all bcoz of clients rejection based on credit report.
You and vendor entered into an agreement on or about March 8th 2010. According to the agreement you were to provide your services to Vendor by working on a project for our client UBS. Your services were to commence on March 22, 2010
To date, you have not fulfilled your obligations nder the agreement and thus youare required to pay Vendor the total sum of amounts for obtaining your work authorisation along with the cost of obtainig your background check.
If i am still not clear please let me knw
Thanks Again
Rgds
Kumar
more...
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gc_on_demand
05-05 09:54 AM
If this happens it will be a bad news as given environment I 140 approval takes years . Very soon there will be a backlog in I 140 stage.. They are just swaping backlog from one stage to another..
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IfYouSeekAmy
01-20 02:45 PM
OK OK, EB1 kicks ass too !!!! :D
If they are so good, Show the list of names.
Any EB3 started big company after getting Greencard? Any EB3 invented after getting Greencard?
If they are so good, Show the list of names.
Any EB3 started big company after getting Greencard? Any EB3 invented after getting Greencard?
more...
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gcformeornot
01-09 04:20 PM
Its like going to tirupati and asking people if they have seen any mottai's [mottai - tamil, meaning shaved head].
:D
On another note, practically everybody over here has seen/heard somebody losing their jobs...
talking about only personal friends or co-workers. Please do not vote yes if its some body you don't know but heard of.
:D
On another note, practically everybody over here has seen/heard somebody losing their jobs...
talking about only personal friends or co-workers. Please do not vote yes if its some body you don't know but heard of.
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jsb
02-06 12:24 PM
Cris,
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
As others have replied, "under review" means, it is somewhere in the stacks of files. They may not even know where it is.
I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.
Thanks again.
As others have replied, "under review" means, it is somewhere in the stacks of files. They may not even know where it is.
more...
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needhelp!
03-24 12:18 PM
Windows Media: http://wamu.org/audio/wamu.asx
Real Audio: http://wamu.org/audio/wamu.ram
MP3: http://wamu.org/audio/wamu.m3u
Guests:
Robert Hoffman, Vice President of Government and Public Affairs, Oracle
Ron Hira, Assistant Professor, Public Policy, Rochester Institute of Technology; Author, "Outsourcing America: What's Behind Our National Crisis and How We Can Reclaim American Jobs"
Mark Bartosik, Software Engineer; Member, Immigration Voice
Real Audio: http://wamu.org/audio/wamu.ram
MP3: http://wamu.org/audio/wamu.m3u
Guests:
Robert Hoffman, Vice President of Government and Public Affairs, Oracle
Ron Hira, Assistant Professor, Public Policy, Rochester Institute of Technology; Author, "Outsourcing America: What's Behind Our National Crisis and How We Can Reclaim American Jobs"
Mark Bartosik, Software Engineer; Member, Immigration Voice
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makemygc
07-20 03:28 PM
I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.
Yes, it's definitely a issue. Talk to your lawyer immediately.
Even though the form looks similar, G-325A requires 4 copies where G-325 has only 2 copies. I was almost about to make the same mistake.
Yes, it's definitely a issue. Talk to your lawyer immediately.
Even though the form looks similar, G-325A requires 4 copies where G-325 has only 2 copies. I was almost about to make the same mistake.
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Sakthisagar
10-14 03:59 PM
here are the links...
View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200904&RIN=1615-AB82)
View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200910&RIN=1615-AB82)
View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200904&RIN=1615-AB82)
View Rule (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200910&RIN=1615-AB82)
gaz
08-13 03:34 PM
oh - no disrespect to vdlrao - we're looking forward to more posts from him.
even if some of his predictions are off target, its many more than us mere mortals who cannot even predict (or analyse) this chakravyu of GC bulletins..
:)
Come on guys, give him a break.
His analysis was accurate, if any of you came across the September 08 bulletin, EB2 advanced by two months. Which equates to what vldrao analyzed in the past, the use of 20,000 visas in September.
We all IV members stand united and lets not adverse someone on the basis of his righteousness. Even if a IV member is wrong, let's all correct him.
Thanks
even if some of his predictions are off target, its many more than us mere mortals who cannot even predict (or analyse) this chakravyu of GC bulletins..
:)
Come on guys, give him a break.
His analysis was accurate, if any of you came across the September 08 bulletin, EB2 advanced by two months. Which equates to what vldrao analyzed in the past, the use of 20,000 visas in September.
We all IV members stand united and lets not adverse someone on the basis of his righteousness. Even if a IV member is wrong, let's all correct him.
Thanks
bluez25
07-15 01:09 PM
All,
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
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