tinamatthew
07-23 10:45 AM
If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. AC21 is very specific = 180 days not less. So even with a letter from the employer, IF i-485 has not been pending 180 days, you cannot induce AC21 If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)
Confirm with the co lawyer also. Yes, you are right. Always confirm advice with a lawyer
Hope this helps
Confirm with the co lawyer also. Yes, you are right. Always confirm advice with a lawyer
Hope this helps
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diptam
08-20 01:06 PM
Its true that Consulting companies take a good part of your BILL-RATE but other stuffs may not be THAT bad.
I'm working thru such a small company for last 3 years and this is my 4th client... 3 of the 4 clients were provided by them, no bench so far. They dont give me BillRate share but we work with a Negotiated Resonable salary based on the Cost of Living of the City where i work/consult for.....
Discuss the Terms and put in email as well as Paper before Joining - Be on Top of them even if they want to change a single spelling in that Terms Paper. You got to be very tough , aggressive as well as resistive with them for any changes they want to script against you.
I have been working for state government from past 3 years (approx) under a non-caped H1b with EB2 2006 labor cleared and i-140 pending and 485 filed in aug.
Considering the constraints of non-cap h1b , I asked a consultant to apply for my caped h1b in april. At that time 485 was not current and according to my estimation my PD would not have become current for 2-3 years more, so I thought of moving with a caped h1b to private firm. You all know what happened in july regarding 485.
Recently my caped H1b got approved. Since I have already filed for 485, I have decided to be with present firm for 6 months then think of changing using the new caped h1b and AC21 to private firm through consultant.
But I have heard that when one works for consultant, its easy not to get paid for certain months during project transition or while looking for project. With the result�.its affects the H1b status. Now that my immigration status is clean, is it worth moving to consultant and risk my clean status�??? Is working for consultant a big compromise against immigration status�??? Also i need to look for a job identical to my labour. I� m basically into web and database application in sql server 2005 , asp.net with ajax. What�s the market for these skill looks like�????
Any words of wisdom�.
I'm working thru such a small company for last 3 years and this is my 4th client... 3 of the 4 clients were provided by them, no bench so far. They dont give me BillRate share but we work with a Negotiated Resonable salary based on the Cost of Living of the City where i work/consult for.....
Discuss the Terms and put in email as well as Paper before Joining - Be on Top of them even if they want to change a single spelling in that Terms Paper. You got to be very tough , aggressive as well as resistive with them for any changes they want to script against you.
I have been working for state government from past 3 years (approx) under a non-caped H1b with EB2 2006 labor cleared and i-140 pending and 485 filed in aug.
Considering the constraints of non-cap h1b , I asked a consultant to apply for my caped h1b in april. At that time 485 was not current and according to my estimation my PD would not have become current for 2-3 years more, so I thought of moving with a caped h1b to private firm. You all know what happened in july regarding 485.
Recently my caped H1b got approved. Since I have already filed for 485, I have decided to be with present firm for 6 months then think of changing using the new caped h1b and AC21 to private firm through consultant.
But I have heard that when one works for consultant, its easy not to get paid for certain months during project transition or while looking for project. With the result�.its affects the H1b status. Now that my immigration status is clean, is it worth moving to consultant and risk my clean status�??? Is working for consultant a big compromise against immigration status�??? Also i need to look for a job identical to my labour. I� m basically into web and database application in sql server 2005 , asp.net with ajax. What�s the market for these skill looks like�????
Any words of wisdom�.
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seekinggc
07-16 04:59 PM
Hi to all in this morass called Immigration to the USA,
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
Hey,
My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.
My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
Hey,
My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.
My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....
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ram_nara303
01-15 10:50 AM
I don't think it is not a issue as my friend's father also a retired Navy personel with the INdian Navy had no issues. All he had to so is show that he is a retired personnel and may have to show proof that he is just coming to visit and not to stay back.
more...
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peacocklover
07-10 03:20 PM
Hello,
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again. though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
It's good question and I'm also curious to know the answer from experienced immigration attorneys in this forum.
Thanks in advance.
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again. though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
It's good question and I'm also curious to know the answer from experienced immigration attorneys in this forum.
Thanks in advance.
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seahawks
09-12 10:02 AM
remember when you get your new passport in 2007, carry the new passport and the old passport with you when you travel because the valid visa will still be in your old passport.
more...
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makemygc
04-16 04:14 PM
How early can we apply for EAD before it expires? I know it is either of these: 180 days, 120 days or 90days ?
Does someone know the exact days?
Thanks
You dont have to answer that question. They have all your records, just provide your A# and they will find out.
I chose to answer the questions with * only which are required fields.
Thanks
Does someone know the exact days?
Thanks
You dont have to answer that question. They have all your records, just provide your A# and they will find out.
I chose to answer the questions with * only which are required fields.
Thanks
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lost_in_migration
04-09 04:08 PM
http://www.whitehouse.gov/news/releases/2007/04/20070409-12.html
more...
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glus
11-12 10:16 AM
Hi,
I think that DOS, the visa office has the answer. This is insane. According to the 485 report released by USCIS some time ago, there were approximately 4000 ROW EB3 pending cases up with PD of up to 6/2002. As such, the dates should have been moved in December and moved a lot. Yet, they did not move it. I think I am going to write up a letter to Mr. Opperheim, or whatever his name is and ask why he did not move the dates at all.
I think that DOS, the visa office has the answer. This is insane. According to the 485 report released by USCIS some time ago, there were approximately 4000 ROW EB3 pending cases up with PD of up to 6/2002. As such, the dates should have been moved in December and moved a lot. Yet, they did not move it. I think I am going to write up a letter to Mr. Opperheim, or whatever his name is and ask why he did not move the dates at all.
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f_b_2007
07-19 11:35 AM
Thanks for the info..! btw, what about my first question ..When do the 90 days wait start counting? NBC received my app on July 2nd.. Does it mean it's 90 days after July 2nd??
tnx.
tnx.
more...
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p_kumar
12-05 04:05 PM
One of my friends with his April, 2004, EB3 PD got his 485 approved.
No wonder they usedup 30% of Visas.
How is it possible without PD being current?.:eek:
No wonder they usedup 30% of Visas.
How is it possible without PD being current?.:eek:
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tabletpc
08-20 02:30 PM
Thanks a lot for response guys...
Looks like i forgot to mention few of my own contraints...
I do not want to use EAD as i am single and don't want to jeoperdise my spouse visa by loosing my H1b status. So only option for me now is H1b.
My only concern is what if i lose some pay checks and jeoperdise my immigration history. 90% of my frinds who work with consultant are out of job/looking job..etc. All these makes bit pessimistic....!!!!
Looks like i forgot to mention few of my own contraints...
I do not want to use EAD as i am single and don't want to jeoperdise my spouse visa by loosing my H1b status. So only option for me now is H1b.
My only concern is what if i lose some pay checks and jeoperdise my immigration history. 90% of my frinds who work with consultant are out of job/looking job..etc. All these makes bit pessimistic....!!!!
more...
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eyeopeners05@yahoo.com
04-30 02:25 PM
I thought we could do a AC21 for h1b or EAD and your latest post suggests I cannot ?
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GCapplicant
07-18 01:37 PM
Good Attorney -Even DOL has to be sued for delaying labor approvals and backlog.Thats one of the reason for this huge retrogression.
more...
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garika
12-30 07:22 PM
I agree with the monetary clout aspect of the argument and would participate in such an effort. I also feel we have to initiate high visibility events on the lines of the DC event. Two suggestions I would like to float,
(1) Can state chapter memberships be made paid for with annual memberships. There are efforts to channelize information through the state chapters (and rightly so) - there could be others such benefits that can be made available in due course.
(2) Can we extend/magnify the entrepreneural theme of IV (beyond a discussion thread) by having a substantial program dedicated to the entrepreneurship aspirations of a good number of IV members - have a business plan competition amongst members, garner support of successful immigrant entrepreneurs as part of the program, have webinars to educate legal aspects and barriers faced (due to our limbo). In essence, make visible the entrepreneural potential locked. Also, it might help transform our image from job takers to job creators. We can partner with other entrepreneural support organizations to fund the program. If we can execute a truly great Business Plan competition and attract venture capital funds we can have certain percentage of venture funding go to IV. If IV members and core think that this suggestion has some merit, I can help evaluate/extend/shape the idea with other like minded individuals.
(1) Can state chapter memberships be made paid for with annual memberships. There are efforts to channelize information through the state chapters (and rightly so) - there could be others such benefits that can be made available in due course.
(2) Can we extend/magnify the entrepreneural theme of IV (beyond a discussion thread) by having a substantial program dedicated to the entrepreneurship aspirations of a good number of IV members - have a business plan competition amongst members, garner support of successful immigrant entrepreneurs as part of the program, have webinars to educate legal aspects and barriers faced (due to our limbo). In essence, make visible the entrepreneural potential locked. Also, it might help transform our image from job takers to job creators. We can partner with other entrepreneural support organizations to fund the program. If we can execute a truly great Business Plan competition and attract venture capital funds we can have certain percentage of venture funding go to IV. If IV members and core think that this suggestion has some merit, I can help evaluate/extend/shape the idea with other like minded individuals.
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Blog Feeds
05-20 03:50 PM
President Obama recently mentioned plans for holding a White House meeting to discuss proceeding with immigration reform legislation. And now he is keeping that promise by setting June 8th, just three weeks from now, to hold the meeting. According to Politico: "The meeting will be an opportunity to launch a policy conversation that we hope will be able to start a debate that will take place in Congress later in the year," the official, who asked not to be named, said. Asked if the session would be billed as a summit or a forum, like similar meetings on health care...
More... (http://blogs.ilw.com/gregsiskind/2009/05/obama-sets-date-for-immigration-reform-white-house-conversation.html)
More... (http://blogs.ilw.com/gregsiskind/2009/05/obama-sets-date-for-immigration-reform-white-house-conversation.html)
more...
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md2003
04-02 09:35 AM
I see each Attroney has different opinion on PD retaing when previous employer cancel the i140.
Rajiv Khanna -- He always thinks we can carry PD.
Murthy -- Every week she gives different answers
Mathew oh --- He gave different answers
Susan --- She thinks We can carry PD. But i heard only one conference call.
Not sure which one is correct.
Rajiv Khanna -- He always thinks we can carry PD.
Murthy -- Every week she gives different answers
Mathew oh --- He gave different answers
Susan --- She thinks We can carry PD. But i heard only one conference call.
Not sure which one is correct.
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malibuguy007
10-01 08:57 PM
Come on everyone, I know ;) you have not spent it all just yet - it is still the 1st of the month. Loosen those purse strings a little and contribute to the community which is always there to help you when you have questions and need suggestions.
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arunmohan
01-10 12:16 AM
Have already done that.
I want to contact Janet specially because I went to school in AZ and in 2002 elections - I was a part of her campaign at the University supporting her.
Not that I have any proof of it but I had just joined some friends for it - hence I thought would be good to be able to meet up with her.
I work in Chandler. I am ready to go with you.
I want to contact Janet specially because I went to school in AZ and in 2002 elections - I was a part of her campaign at the University supporting her.
Not that I have any proof of it but I had just joined some friends for it - hence I thought would be good to be able to meet up with her.
I work in Chandler. I am ready to go with you.
GTGC
03-16 10:36 PM
I am sorry to hear that they lost your papers. The same thing happened to me when we were filing our 485 papers in '05. This was just before the EB -2 retrogression....we had to mail in all papers including medicals before sept 30th.
My lawyer sent all the papers but USCIS had a huge volume of applications come in before the pending retrogression and they lost my papers. We had the delivery confirmation, but they wouldnt accept the 485 papers, they only accepted the I-140 papers and I had to wait until the July fiasco to apply for AOS.
I would suggest that you fight and get them to accept the papers, in hindsight I feel I should've fought a little harder and pushed my attornies a little more to get justice. Oh well hindsight is always 20-20!
Goodluck!
My lawyer sent all the papers but USCIS had a huge volume of applications come in before the pending retrogression and they lost my papers. We had the delivery confirmation, but they wouldnt accept the 485 papers, they only accepted the I-140 papers and I had to wait until the July fiasco to apply for AOS.
I would suggest that you fight and get them to accept the papers, in hindsight I feel I should've fought a little harder and pushed my attornies a little more to get justice. Oh well hindsight is always 20-20!
Goodluck!
paskal
08-22 07:02 PM
I have your request to join, we are indeed very active.
My sincere apologies at not getting back to you so far- will redress that asap!
Welcome...we are delighted to have you with us.....:)
My sincere apologies at not getting back to you so far- will redress that asap!
Welcome...we are delighted to have you with us.....:)
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