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logiclife

02-12 06:28 PM

Hi,

I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC process. I have to go through him for every single details and he is busy usually so contacting him is also a bit pain. Because of this my process is getting delayed sometimes).

Having said this, I joined this employer A in 2004 after I graduated and i am with him for 2.5 yrs since then. Now I am starting my GC process and I cannot show this 2.5 yrs of experience to my LC process (which is logical). On the other hand, I found another employer B who is willing to process my GC with one of the top attorneys.

So if i switch now, I will

1. Be able to apply for EB2 (MS + 2.5yrs + 1 yrs(before MS) = MS + 3.5yrs)
2. I get a very good attorney to file my GC
3. I will be able to have a direct conversation with the attorney (employer said its between me and the attorney)

If I don't switch, my odds are that

1. I have to go with Eb3 (MS + 1 yrs(before MS) = MS + 1yr)
2. Can't talk to the attorney directly

So IS IT WORTH switching the employer for

1. Gettting into EB2
2. Getting a good attorney to file my LC
3. Be able to talk to attorney directly

Your thoughts and suggestions are highly important. So please let me know what you will do if this is the case ?

Thanks

All employers, who refuse to share copies of 140, labor or H1 fully intend to retain employees by restricting their ability to switch jobs and retain priority dates for future GC petitions. There are not exceptions to this rule. Even if its your brother who employs you, the only reason for withholding documents is to bond you. That is the only motive to withhold copies. "Its property of employer..." excuse is BS. Yes, it is property of employer. But the xerox copies dont change the ownership.

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masterji

08-20 11:38 PM

I know people might have answered this before. So, sorry for any redundancy. I have a query. If I travel outside of US on my valid H1B visa and when I am out of US, my 485 gets approved. What happens then? Say, I do not have AP with me. Will I have problems entering the US?

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terpcurt

November 2nd, 2003, 10:44 AM

Both of the following are about 500KB, so beforewarned...

I put a smaller beetle macro into the front-page gallery area, but here's a couple others.

1 Upclose and personal with a dandelion.

2. The same lens, used conventionally for a landscape. I printed this out at 19x13 and it's going to get framed.

Nice shots.......... I like the close ups with Macro, and also the landscapes with the old buildings overrun with ivy

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bitzbytz

12-05 02:36 PM

Hi,
I have my AP approved and H1B approved until 2010 but have an expired H1B Visa and I plan to extend my H1B visa some time next year.

I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?

Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.

Appreciate your responses on this.

Thanks,
Bitz

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snathan

02-11 11:45 AM

applied for H1, was it COS? Did you get new I-94 when your H1 was approved. If yes then you are in H1 status after H1 is approved. Obvisously they denied L1B.
Also if above is true and you are not working for H1 employer then you are probably out of status......

Doesnt the H1 takes effect only if you join them. I dont think just getting approval alone change your status.

Otherwise is there any source for this claim

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mayurcreation

04-18 08:11 AM

Date:

Dear Sir or Madam:

We are writing to confirm that Mr. XXXX was previously employed by our organization from date to date in the position of Programmer Analyst.

In the position of Programmer Analyst, Mr. XXX was responsible for extensive analyze, design, develop, programming and testing software application using C#, VB.NET, ASP.NET, ADO.NET, from resume etc....

During his tenure he had worked for Client Name1, Client Name2, Client Name3 and Client Name4 clients.

Mr. XXX was employed throughout on a full-time basis, 40 hours per week.

Very truly yours,

(Signature)
Name
Title

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02-08 06:10 PM

Immigration Visa Attorney Blog Has Just Posted the Following:
As immigration attorneys with very strong roots in the immigrant communities of Los Angeles, the lawyers at Fong & Chun stay current on legislative developments that could affect our clients and their families. On 15 December 2009, over ninety House Democrats unveiled a comprehensive immigration reform bill. The bill is called the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR-ASAP).

President Obama has said there should be comprehensive immigration reform. The bill includes an "earned" legalization program. The program as currently proposed would allow undocumented people in the USA as of 15 December 2009 to apply for legalization. There would be special, more lenient rules for young persons. Many people want to call this an "amnesty," but it is important to see all the details about the program before getting too excited.

There are other provisions for "visa recapture" to reduce waiting times and backlogs. This bill would also put a new employment-eligibility-verification system into place. There would be harsh penalties for hiring unauthorized workers.

These proposed changes are very exciting; however, we must remember that this bill is only a PROPOSAL. It will have many reincarnations before a final bill passes, if a bill passes at all. The President has said he wants CIR on his desk by the end of 2010, but there are obviously many other things occupying the attention of Congress at this time. Stay tuned. --jcf

More... (http://www.immigrationvisaattorneyblog.com/2010/02/immigration-reform-bill-introd.html)

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immuser

11-01 06:16 PM

http://content.msn.co.in/News/International/InternationalHinT_011107_0847.htm

London: Employment prospects for Indians in Britain could well be hit by the recent revelation that 52 per cent of all new jobs created in the country over the past decade have gone to immigrants.

According to Britain’s National Statistics Office, 1.1 million of the 2.1 million new jobs that have arisen since 1997 have been bagged by people of non-British origin.

Another government study released a few days earlier had shown that migrant workers earned on an average �424 a week, while British workers got �395. Foreign born workers, at an estimated 1.5 million, comprised 12.5 per cent of Britain’s workforce, compared to 7.4 per cent a decade ago.

“Any move to control immigration will affect Indian professionals the most,” said Amit Kapadia, convenor of the Asian organisation Highly Skilled Migrant Professionals.

The findings have revived old fears of migrants leaving local workers jobless. They raised such a furore that Prime Minister Gordon Brown intervened on Wednesday declaring plans were being finalised to control the influx of foreign workers.

These included introducing a points-based system which would give priority to immigrants with skills needed in Britain, and if required, shut out the others.

“Over the next few months, we have decided on changes... so that people can be sure we are taking action that is necessary,” Brown said

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reddog

06-25 01:09 PM

Me and my group of friends have used this method and the photos look better than the Walgreen/CVS ones. And they are already on US passports/other stuff.

http://www.dpchallenge.com/tutorial.php?TUTORIAL_ID=22 Photoshop/GIMP required.

Another cheap place is Sams Club, if you dont have a digital camera(pun intended) they give 3 photos for 5 bucks.

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knowDOL

08-23 09:44 AM

I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.

See this Q&A from Mathew Oh:

# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?

A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)

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mkiv

05-21 01:42 PM

No you have to send AC21 with new EVL.

Dude you are asking for advise on your own RFE but advising others on their RFEs. I dont get it.

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VenuK

06-15 07:19 PM

There is no law against multiple companies processing H1B for the same candidate at the same time. In past I had 2 Job offeres and both companies were processing my H1-B at the same time. Eventually I joined one of them. I do not see any issue for you to go back to your Home country and get the visa stamped as long as you are working and getting paid as per your approved H1-B petition.
Also if you never landed up working for the company for which your H1B transfered got denied then there is no issue at all, but if you did then I am not sure about the ramifications.

Hi Shelar,
Thanks for your response.
I dont want to go to my home country for stamping. I'm residing in california so i want to go nearby country which is Tijauna, Mexico.
currently, my pay stubbs are still generated with old company (X). Now i've got I-797 approved from New company on June 6th,2006. Is it a must that i have to have at least couple of pay stubbs generated with new company before going for visa stamping

pls advise.

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adusumilli

10-16 06:23 PM

I had LUDs on 10/05/2007, 10/07/2007, 10/09/2007 on my I-485 application after my FP appointment. I do not know what it means though.

I had lud's on same dates after fp as yours, I really don't know what it means.

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gc_kaavaali

12-10 07:51 PM

that is why we need work together to get our GC soon....IV is working to remove GC delays...but it cannot do alone because IV is US...Please consider contributing to IV...so that we can get our GC soon...for more details please follow below link...

http://immigrationvoice.org/forum/showthread.php?t=15905

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chanduv23

12-11 06:47 AM

25,000 members, every day request to raise $30,000.

Why not happening? Even every member contribute $2, it becomes $50,000.

The question comes to whom contribute? This web site does not belong to me. If some question is in my mind, I can't start a thread. Which individual/group it belongs to? Who can start a thread? For the last 2-3 days, I am trying to find answers.

How many members are active? Is it or the orders of tengths or hundreds or thousands?

If with 25,000 members, raising $30,000 is difficult, there is some problem. One of the problem defenetly it is not open - even I asked, how can I start a thread, I did not get answer.

I think, core team to get into action to motivate people - as an example I am now so much demotivatied that thinking not visiting this site.

Core team firefights members all the time and puts off flames and at the same time runs the organization. Their dedication has always been extremely high.

Just because your question is not answered, does not mean there is something wrong in the organization.

IV is a volunteer organization and everyone are unpaid volunteers. We do not have a full time professional who works for money here who can attend to customer service calls on a 1-800 number.

If people are not contributing, does not mean core team has to be blamed. If you have noticed, there is a surge in contributions.

Yes, in an ideal world, 25000 members contribute, we have no issues. Can you take up some responsibility and run the finding drive? People are taking turns to run the funding drive. You are most welcome to help us. If you can convince 25000 people to contribute, it will be awsome

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11-19 07:39 PM

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dcrtrv27

11-13 07:59 PM

I got the follwing form web site...Has anyone heard of trying this path?
I have full support from employer to make teh case fit in the first "severe financial loss to company :)or "individual":(

USCIS Expedite Criteria
USCIS Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

Severe financial loss to company or individual
Extreme emergent situation
Humanitarian situation
Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
USCIS error
Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.

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lvaka

07-18 10:58 AM

I read some where that filing is allowed to Aug-17, but the new fees will effected on 01-Aug although July filers.

Correct me If I'm wrong.

Here is the Actual update link from USCIS.gov
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf

You can go to USCIS.gov page and look for the press releases.

New fees will apply to the ppl whose labor gets approved after July 31st. For all the guys who are eligible according to the June 12th Visa Bulletin, though they apply till Aug 7th, only old fees applies.

Good luck.

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July 27th, 2005, 11:58 AM

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AmericanInSpain

04-08 11:46 AM

I have a similar situation and I want to hear more about working remotely using a non-work resident visa...

- I am a US citizen preparing to telecommute for 18 months from Spain. I'm employed by a US company, and will continue receiving US dollars in my US bank account.

- I am moving to Spain using a Multiple-Entry Long-term Student Family Visa. My husband will attend business school there in Spain, and I will be granted the visa as his dependent. We will obtain Student Residence Permits once we arrive in Spain this August.

- My US company has no offices in Spain, nor does it pay any Spanish taxes. The work I would be doing would be for the US, on a US internet domain, and I would be paid in US dollars.

My company's legal counsel is saying I must obtain a work permit to legally work remotely from Spain. But my company has no existing entity there!

I saw "Frostrated"s thread below and was hoping someone could provide more on the topic. Thanks!

Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.

About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.

kshitijnt

07-29 03:09 PM

I filed my I-485 on Aug 13, 2007 (Received date) under EB3 ROW (> 180 days). My I-140 was filed for job "Systems Analyst". I am now being offered a job as "Director of Development" managing the development process along with 30-40 people for another company. I know this theme has been discussed and has risks but would it be OK to take the job. I have approved EAD and AP due to expire on Nov 21 (will renew tomorrow just in case GC does not get approved by then). Has anyone been in this position? I have valid H1-B visa and have not used EAD or AP.

Any advice highly appreciated. thanks!

While I am not a lawyer, I would have a few questions:

1) Is your I140 approved?
2) How many years do you have on H1?

If you have time, discuss with the attorney/law firm of the new company. If they can certify the job is similar to your previous job, no questions.

2) Otherwise, I would definitely take this offer, file H1 transfer, start GC/Labor/I140 again.

The second step works well if you have atleast 2 years left on H1. Technically, you may know, you need to file the labor 365 days before your H1 expiration date, but you know attorneys and perm process will take sweet 3-6 months, so please plan accordingly.

3) Defer the offer by 3-6 months (But this is fraught with risks). If you dont get GC in this time frame, you will lose the offer.

Depends on what is more important for you? GC or better opportunity? Only you can decide.

katerux

Tuesday, August 9, 2011

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