belmontboy
04-10 06:56 PM
There should be tighter provisions against multiple applications [via multiple employers]. it prone to abuse - as a way to increase chances of lottery [as it happened this yr].
There is no real justification in multiple applications - though one might argue otherwise. In the end, the candidate has to work for only one employer.
Interesting stats would be how many mulitple employers applications were filed per candidate, not sure if uscis publishes them!
There is no real justification in multiple applications - though one might argue otherwise. In the end, the candidate has to work for only one employer.
Interesting stats would be how many mulitple employers applications were filed per candidate, not sure if uscis publishes them!
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seba
09-24 03:29 PM
GreenTech, that's a good question. I am considering to transfer to offices in Asia or Europe next year and then attend B-school in the US after 2 years. That way, once I graduate, I will also at least have the option to get another 6-year H1 in the US.
thepaew, thanks for the advice. I have been thinking about this for a while, and my options are:
1) Start the GC process now and wait until I get the GC. Then think about B-school after I get the GC (I am not interested in part-time programs).
2) Forget the GC process and transfer to Europe or Asia next year and then attend B-school in the US after a few years.
Personally for me, having an MBA in 5 years is more valuable than having a GC in 5 years, so I am leaning towards option 2 above. However, if I don't get into B-school, then that's another story... I would probably transfer back to the US on L1 and start the GC process. At that point, I would apply under EB2 anyway with my Bachelor's and 5+ years experience.
Thanks again everyone for the replies and advice. And yes, of course you are not lawyers, but your help is still very useful. During my H1 renewal process, I got more useful info from here than from my company's lawyer!
thepaew, thanks for the advice. I have been thinking about this for a while, and my options are:
1) Start the GC process now and wait until I get the GC. Then think about B-school after I get the GC (I am not interested in part-time programs).
2) Forget the GC process and transfer to Europe or Asia next year and then attend B-school in the US after a few years.
Personally for me, having an MBA in 5 years is more valuable than having a GC in 5 years, so I am leaning towards option 2 above. However, if I don't get into B-school, then that's another story... I would probably transfer back to the US on L1 and start the GC process. At that point, I would apply under EB2 anyway with my Bachelor's and 5+ years experience.
Thanks again everyone for the replies and advice. And yes, of course you are not lawyers, but your help is still very useful. During my H1 renewal process, I got more useful info from here than from my company's lawyer!
JunRN
07-17 12:09 AM
Copy of W2 and recent two pay-stubs is sufficient to file AOS.:)
My previous work experience is outside the US.
Do they also ask for tax returns from one's earnings outside the US?
My previous work experience is outside the US.
Do they also ask for tax returns from one's earnings outside the US?
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webpromo
03-25 09:50 AM
they gave the xerox copies of the passport , and hold my passport , I never heard any one in this situation , they are so stupid and racial ,and I don't think they make sense , read this this is real situation in US this is true , because I the victim of this
Guide to US Deportation (http://www.asifism.com/guide-to-us-deportation/)
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more...
cjain
11-13 09:32 AM
Tom,
This is completely false. Even if the employer revokes an un approved i-140, the I-485 is not affected if the following conditions are met:
- I-140 should've been "approvable when filed"
- New job should be in same/similar field
Read the Aytes Memo (google: aytes memo) for more clarification.
and stop spreading lies
The AC21 can be used only if the following 2 conditions are met:
a. I140 is approved.
b. 180 days after the receipt date of I1485.
One may leave the employer even before the 180 days or before the 140 approval with a risk that the emploeyer will not revoke I140 and no RFE comes for 485. The safest is to use AC21 only after the I140 approval.
If 180 days passed (485 receipt date) and if I140 is approved, there is no problem even if the employer revokes the I140 after you move the company. You may get an RFE to produce the offer letter from the new company.
This is completely false. Even if the employer revokes an un approved i-140, the I-485 is not affected if the following conditions are met:
- I-140 should've been "approvable when filed"
- New job should be in same/similar field
Read the Aytes Memo (google: aytes memo) for more clarification.
and stop spreading lies
The AC21 can be used only if the following 2 conditions are met:
a. I140 is approved.
b. 180 days after the receipt date of I1485.
One may leave the employer even before the 180 days or before the 140 approval with a risk that the emploeyer will not revoke I140 and no RFE comes for 485. The safest is to use AC21 only after the I140 approval.
If 180 days passed (485 receipt date) and if I140 is approved, there is no problem even if the employer revokes the I140 after you move the company. You may get an RFE to produce the offer letter from the new company.
nj.gc
08-04 06:11 PM
HI
I just spoke with customer service representative, She said 2 A #s are not at all problem and she said one more thing to make sure that I485 A # should appear in GC when it will approve.
I just spoke with customer service representative, She said 2 A #s are not at all problem and she said one more thing to make sure that I485 A # should appear in GC when it will approve.
more...
senthil1
09-17 01:47 AM
If CNN drops Lou that will not pass CIR or recapture. There are so much Lou Dobbs are there in USA. It is a waste of time.
Thanks to everyone who signed the petition.
I believe in freedom of speech but Dobbs is using the CNN platform to spew hate. A legitimate debate is fine but hate speech is not ok.
I used to believe that ignore him was the best way to deal with him but after seeing some of the so called Tax parties, I am starting to think that ignoring him does not work.
Please also post this to other web forums, facebook, twitter and send emails to your friends and colleagues asking them to sign the petition.
- JK
Thanks to everyone who signed the petition.
I believe in freedom of speech but Dobbs is using the CNN platform to spew hate. A legitimate debate is fine but hate speech is not ok.
I used to believe that ignore him was the best way to deal with him but after seeing some of the so called Tax parties, I am starting to think that ignoring him does not work.
Please also post this to other web forums, facebook, twitter and send emails to your friends and colleagues asking them to sign the petition.
- JK
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kumargn
11-24 05:23 PM
you can use any of the consulates in india.
but usually dates opens up if any cancellation. check vfs site often. nowadays it is easier to get appt than it used to be.
disclaimer: I'm not an immigration attroney, so consult one for your situations as laws/procedures are changing often.
Thanks arnet ,
As you mentioned i kept checking the chennai consulate, and it opened up like a blessing in disguise, with slots again and i was able to get my dates .Only problem was it forced me to cancel my earlier appointment and redo all the application again .That was because i had booked an appointment with Mumbai consulate in distress of not finding any with chennai .
but usually dates opens up if any cancellation. check vfs site often. nowadays it is easier to get appt than it used to be.
disclaimer: I'm not an immigration attroney, so consult one for your situations as laws/procedures are changing often.
Thanks arnet ,
As you mentioned i kept checking the chennai consulate, and it opened up like a blessing in disguise, with slots again and i was able to get my dates .Only problem was it forced me to cancel my earlier appointment and redo all the application again .That was because i had booked an appointment with Mumbai consulate in distress of not finding any with chennai .
more...
jackrabbit
04-09 01:32 PM
I guess you won't find much love for labor transfer cases in these forums but AFAIK AC21 has nothing to do with whom the labor was filed for.
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gauravster
12-03 09:25 AM
One more thing that you might look into is the vacations that you hae taken. Generally speaking, if you spend time outside the US, you can exclude that time from the H1B 6 year limit. So if you took an average of 2 week vacation every year, you could get about 12 additional weeks. So your H1B would expire closer to Dec end, instead of 30 Sep.
You might need to provide documentation to prove this though. The additional time might be valuable nevertheless.
You might need to provide documentation to prove this though. The additional time might be valuable nevertheless.
more...
sledge_hammer
05-15 07:12 AM
^^^^
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arihant
05-23 06:54 AM
As many of you have been following, there are some provisions that benefit folks with advanced degree in STEM from US universities by exempting them from the Visa quota. I think CIR in its current form has a provision and the Cornyn (4005) and the Brownback (4058) ammendments that are yet to be introduced also have some such provisions.
My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.
Any thoughts or comments?
My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.
Any thoughts or comments?
more...
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SSSarkar
12-11 09:29 AM
Automatic revalidation for getting new visa in USA was stopped in 2004. But I suppose automatic revalidation for I-94 while coming from Canada/Mexico is not stopped yet. I may be wrong but check it by yourself the latest rule from US department of state through the link here.
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
Guys,
My understanding was that automatic revalidation was stopped a few years ago?
I would say that getting an appointment and a new visa stamp is the safest bet. If that's not a possibility and you have to go, I will suggest travel by road instead of air. From what I have heard they tend to be more lenient when you are driving across.
Do check thoroughly before travelling on an expired visa.
Take Care
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
Guys,
My understanding was that automatic revalidation was stopped a few years ago?
I would say that getting an appointment and a new visa stamp is the safest bet. If that's not a possibility and you have to go, I will suggest travel by road instead of air. From what I have heard they tend to be more lenient when you are driving across.
Do check thoroughly before travelling on an expired visa.
Take Care
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Appu
04-02 10:31 PM
So if (for example) an H1B worked in the US for a few weeks before their visa became available, are they technically eligible for this? Or perhaps they were out of status for a week or two between jobs? I'm sure many H1's might have been in this situation. It's unclear who this applies to.
Yep, my thinking, exactly. Also, people going between F1 and H1 or between H1 and H4 could all claim a few weeks or months of "undocumented" status.
I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.
`(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--
``(A) was physically present in the United States before January 7, 2004; and
``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.
That's right, it doesn't. I have enquired my lawyer about this. She'll get back to me on Tuesday. I will post more information then.
Yep, my thinking, exactly. Also, people going between F1 and H1 or between H1 and H4 could all claim a few weeks or months of "undocumented" status.
I just read the Specter amendments to 2454 and I can't see where in 218D or 602 it says the alien must have been here illegally. Can someone quote that part? All I can see is this requirement in 601.
`(1) PRESENCE; EMPLOYMENT.--The alien establishes that the alien--
``(A) was physically present in the United States before January 7, 2004; and
``(B) was employed in the United States before January 7, 2004, and has been employed in the United States since that date.
That's right, it doesn't. I have enquired my lawyer about this. She'll get back to me on Tuesday. I will post more information then.
more...
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gc_chahiye
08-05 10:58 PM
this number has been thrown around a lot
per uscis as of July 27 they had 75K pieces of mail
so maybe 125K applications including families.
this will increase a bit, so let's say 175K or 200K
still quite different from 700K
per that visa bulletin preediction mail from Jan Pedersons lawfirm USCIS recevied 75k applications within 2 days of July. NOT by July 27th. Anyway will need to wait for USCIS stats to see how many they get by Aug 17th, but looking at how most lawfirms are still very busy with 485 filing I would expect a number midway between 200K and 700K (atleast!)
per uscis as of July 27 they had 75K pieces of mail
so maybe 125K applications including families.
this will increase a bit, so let's say 175K or 200K
still quite different from 700K
per that visa bulletin preediction mail from Jan Pedersons lawfirm USCIS recevied 75k applications within 2 days of July. NOT by July 27th. Anyway will need to wait for USCIS stats to see how many they get by Aug 17th, but looking at how most lawfirms are still very busy with 485 filing I would expect a number midway between 200K and 700K (atleast!)
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kaisersose
08-06 09:19 AM
capturing visa numbers would put an end to our misery. and increasing the employment based visa will pave way for future immigrants. handling a few thousand more cases is not a big deal for USCIS(there may be performance issues but not like difficulty of hiring more people to do the stuff!). don't get panicky about the number. it should be lot less than you would think.
I think 700K is an exaggeration too. One top attorney was saying that he has filed only a few hundred cases in July. if you assign an average of 250 cases for every attorney in the US, we need two thousand attorneys to arrive at 500K.
If DOS/USCIS can recapture unused visa numbers and stop assigning visa numbers to family members of EB category applicants, I think that will work very well without increasing EB quota.
I think 700K is an exaggeration too. One top attorney was saying that he has filed only a few hundred cases in July. if you assign an average of 250 cases for every attorney in the US, we need two thousand attorneys to arrive at 500K.
If DOS/USCIS can recapture unused visa numbers and stop assigning visa numbers to family members of EB category applicants, I think that will work very well without increasing EB quota.
more...
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raysaikat
04-21 11:27 PM
Hello
My story is:
I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
Questions are:
1. Can my employer apply for a Perm Cert for me if they want.
2. After getting the perm cert. can my employer file I 140 under EB3 for me?
3. Will I be eligible for premium processing for I 140 application, in 15 days?
4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
a. Then I'll still be working with my current EAD, right?
b. Then what happens after May 2011?
c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
thank you very much
What is your country of birth (not citizenship)?
My story is:
I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
Questions are:
1. Can my employer apply for a Perm Cert for me if they want.
2. After getting the perm cert. can my employer file I 140 under EB3 for me?
3. Will I be eligible for premium processing for I 140 application, in 15 days?
4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
a. Then I'll still be working with my current EAD, right?
b. Then what happens after May 2011?
c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
thank you very much
What is your country of birth (not citizenship)?
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BPforGC
03-05 03:18 PM
It is easier to predict which stocks go up and which stocks go down on 17th April 2009, than what USCIS does. You will have more probability of guessing powerball winning numbers than that those f***ers at USCIS will do the next month.
Don't waste too much time on this... leave it to KARMA and enjoy your life.
Don't waste too much time on this... leave it to KARMA and enjoy your life.
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zCool
04-03 03:35 PM
See below for answers:
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
-- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
-- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
Thanks a lot!
BTW, as queries go.. this one wasn't complicated :) Relax!
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
-- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
-- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
Thanks a lot!
BTW, as queries go.. this one wasn't complicated :) Relax!
serg
04-06 11:18 PM
that's the official title of the bill, nothing wrong with it.
they still have a cloture motion vote tomorrow morning, so we'll see.
Yes, sure, I'm not going to give up until it will be clear. By the way, they will have almost a night to make some agreements (sure, they don't want to be "last mile" in this bill, both of them). Hope they will bring out something new tomorrow morning :)
they still have a cloture motion vote tomorrow morning, so we'll see.
Yes, sure, I'm not going to give up until it will be clear. By the way, they will have almost a night to make some agreements (sure, they don't want to be "last mile" in this bill, both of them). Hope they will bring out something new tomorrow morning :)
GotFreedom?
07-23 10:48 AM
Thank you for all the responses.
One question remains though that what does it mean when the I-94 says paroled till 3rd March 2009?
How does one prove the legal status in the country?
One question remains though that what does it mean when the I-94 says paroled till 3rd March 2009?
How does one prove the legal status in the country?
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