nrakkati
03-21 04:45 PM
Come on man....there is nothing called transfer. Every H1B is new. Only thing is its not counted against the cap when you change the employer.
Thanks snathan, for the response.
I too think every H1B is NEW. Why I am stressing on this point is, since I am in the 'situation' now, I feel little pinch and I was looking for any pointers that closes the door for this doubt. Just like the one desi3933 pointed out.
I am confident and feel pretty safe now. Thanks to Desi3933
Like many suggested here, I go with the attorney and have him/her answer the RFE.
I will update the thread as I find more to help this community with similar situation.
Thanks snathan, for the response.
I too think every H1B is NEW. Why I am stressing on this point is, since I am in the 'situation' now, I feel little pinch and I was looking for any pointers that closes the door for this doubt. Just like the one desi3933 pointed out.
I am confident and feel pretty safe now. Thanks to Desi3933
Like many suggested here, I go with the attorney and have him/her answer the RFE.
I will update the thread as I find more to help this community with similar situation.
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espoir
11-15 12:40 PM
Why is the December visa bulletin not available on the USCIS website ?? It still shows November as the current bulletin.
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
It does show the December Bulletin. Delete you cache/ refresh the page.
If you want to see the bulletin, go to this link
http://travel.state.gov/visa/frvi/bulletin/bulletin_3841.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
It does show the December Bulletin. Delete you cache/ refresh the page.
If you want to see the bulletin, go to this link
http://travel.state.gov/visa/frvi/bulletin/bulletin_3841.html
number30
06-12 10:08 PM
This is for the ones who think that the discrimination based on EB3 or Eb2 is a bigger issue! I would not get into the discussion on why I think that IV is not just about EB2. Also, on our forums it's about reality and not empathy, which everyone should understand.
Now having said that, please direct your energy towards elimination of country limits rather than fighting a fight which was in your past. Why your company put you in EB3 and not EB2 is not something USCIS or US can control anyways. But when you are EB2 or EB3 with same qualification, experience and expertise compared to someone from say Europe, Australia and many other countries but China, India, Mexico and Philippines than why should that other person get it before you do when you applied before him???? What is America getting anything different from this other person?
Now talking about diversity for country limits India is more diverse than any other country in the world! And hey, most of them are already here in the country and waiting in queue, how is this helping the diversity?
What is use of that? At the year end all remaining numbers will come back to India and China. This year they got 9000 numbers all the numbers went in EB2 group. There is no advantages for EB3I. All you can achieve is pulling down the EB3 ROW by years to achieve may be 2 months advancement for EB3I. Best way is put the stricter norms for EB2 avoid the people misusing the EB2. So that these number will flow to EB3 like how the EB2 is getting numbers from EB1.
Now having said that, please direct your energy towards elimination of country limits rather than fighting a fight which was in your past. Why your company put you in EB3 and not EB2 is not something USCIS or US can control anyways. But when you are EB2 or EB3 with same qualification, experience and expertise compared to someone from say Europe, Australia and many other countries but China, India, Mexico and Philippines than why should that other person get it before you do when you applied before him???? What is America getting anything different from this other person?
Now talking about diversity for country limits India is more diverse than any other country in the world! And hey, most of them are already here in the country and waiting in queue, how is this helping the diversity?
What is use of that? At the year end all remaining numbers will come back to India and China. This year they got 9000 numbers all the numbers went in EB2 group. There is no advantages for EB3I. All you can achieve is pulling down the EB3 ROW by years to achieve may be 2 months advancement for EB3I. Best way is put the stricter norms for EB2 avoid the people misusing the EB2. So that these number will flow to EB3 like how the EB2 is getting numbers from EB1.
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desi3933
01-13 02:31 PM
desi9333 thanks for the link. Nice one - even though it covers only Hiring practices, and not opportunities for promotions and progression.
The "Opportunity" usage has been explained much beyond Hiring in the other laws and related documents. Hence, an employee who subsequently faces discrimination because he/she cannot progress or misses on job advancements due to Visa limit restrictions is certainly being discriminated against.
......
You are wrong here. Equal Opportunity Law does not apply to Immigrant Visa allocation. PERIOD.
Example:
Employer XYZ has 3 employees on H-1B. Its upto Employer's choice to file green card for any or all of them. Employer may decide to sponsor employment based green card for only 1 of them. This is perfectly ok and does not come under employment based discremination.
Like I said multiple times, spend some real money to get professional advice from attorney. May be that will enlighten you. Talk is cheap and so is being in dremaland.
Good Luck.
_________________
Not a legal advice.
The "Opportunity" usage has been explained much beyond Hiring in the other laws and related documents. Hence, an employee who subsequently faces discrimination because he/she cannot progress or misses on job advancements due to Visa limit restrictions is certainly being discriminated against.
......
You are wrong here. Equal Opportunity Law does not apply to Immigrant Visa allocation. PERIOD.
Example:
Employer XYZ has 3 employees on H-1B. Its upto Employer's choice to file green card for any or all of them. Employer may decide to sponsor employment based green card for only 1 of them. This is perfectly ok and does not come under employment based discremination.
Like I said multiple times, spend some real money to get professional advice from attorney. May be that will enlighten you. Talk is cheap and so is being in dremaland.
Good Luck.
_________________
Not a legal advice.
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psk79
07-01 10:11 AM
I received Card Production Ordered email today for my EAD renewal. I hope I get the EAD for 2 years. Will keep you guys posted on the EAD validity once I get it.
I got the same email this morning and status said EAD was ordered on june 30th.
I am pretty sure we will get a 2yr EAD but will just have to wait 2 more days to confirm this.... I wonder if they are looking at the current status and if you are on h1b they are issued 1yr and processed it before june 30, while if you are currently on EAD, they kept them until June 30th.. I doubt it but just a theory...
I got the same email this morning and status said EAD was ordered on june 30th.
I am pretty sure we will get a 2yr EAD but will just have to wait 2 more days to confirm this.... I wonder if they are looking at the current status and if you are on h1b they are issued 1yr and processed it before june 30, while if you are currently on EAD, they kept them until June 30th.. I doubt it but just a theory...
stuckinmuck
02-09 10:05 PM
Hi pd_recapturing, I am glad you understood my post clearly. I understand your point as well. Determining whether a company/employee is indulging in fraud or not is quite difficult if not impossible. I would suggest we start with reporting companies we know people work for and have negative experiences/comments about. It would mean reporting them based on anecdotal evidence but what else do we have as a starting point? I also know website reviews might not be very reliable since some disgruntled employee might post exaggerated comments about a company which might be following all the rules. But in general, we do know from colleagues/friends their experiences about employers who have sketchy credentials. Even TCS, Infosys indulge many times in L1 fraud as I have noticed. All I am asking for is better scrutiny by the USCIS at an earlier stage like PERM so such fraud applications can be removed.
I do not wish the genuine employees any ill will (certainly not) but I would like the fraud ones out of the system. Let's brainstorm more and we might have some success in cleaning out the queue of such frauds. Thanks for your insight.
I do not wish the genuine employees any ill will (certainly not) but I would like the fraud ones out of the system. Let's brainstorm more and we might have some success in cleaning out the queue of such frauds. Thanks for your insight.
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americandesi
08-29 05:34 PM
Guys, any idea on what happens to GC Process and H1 in case your employer is acquired by another company willing to do similar job.
My company sold my business unit to another company. I filed my 485 3 weeks ago. I'm on my 7th year H1 which is already extended to Nov 2008.
Both companies are willing to cooperate.
Help!
Refer http://www.murthy.com/news/UDmaepis.html
My company sold my business unit to another company. I filed my 485 3 weeks ago. I'm on my 7th year H1 which is already extended to Nov 2008.
Both companies are willing to cooperate.
Help!
Refer http://www.murthy.com/news/UDmaepis.html
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nrakkati
03-24 10:58 PM
I truely hope you are correct and op is out of the woods, but will wait until we get verdict from CIS. nrakkati please post when you hear from CIS on this situation. Good luck with your GC.
Thank you, gapala. I will come back and update.
I did not ask attorney too many questions as he is busy filing the case. But did not say anything like I am in trouble. Hopefully everything turns out good.
Good Luck with your GC too.
Thanks.
Thank you, gapala. I will come back and update.
I did not ask attorney too many questions as he is busy filing the case. But did not say anything like I am in trouble. Hopefully everything turns out good.
Good Luck with your GC too.
Thanks.
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samrat_bhargava_vihari
06-08 03:27 PM
I wish there was a better way to establish priority date other than an approved I-140. Anyways...
I am worried that if I get laid off or other people at our site are laid off, how will it affect my I-140 processing which is pending at TSC? Has anyone been denied I-140 because of layoffs by the company?
The company said they will not revoke the 140 application and will send me the approval if it comes later (so I can at least retain the priority date if I have to do this all over again at a new company).
Another thing that worries me is that the company is refusing to do premium processing of the I-140 application, even if I am ready to pay for the premium processing fees. I am at loss how to convince their dense mind what it means to lose the priority date.
Green card processing can be for future employement also. So even though you laid off it won't stop your 140 processing.
About premium processing Can't you deal with lawyer directly? . Just sending 1000$ check will do your job but I am not sure there is premium processing for 140 is valid now or not ? (until July 16)
I am worried that if I get laid off or other people at our site are laid off, how will it affect my I-140 processing which is pending at TSC? Has anyone been denied I-140 because of layoffs by the company?
The company said they will not revoke the 140 application and will send me the approval if it comes later (so I can at least retain the priority date if I have to do this all over again at a new company).
Another thing that worries me is that the company is refusing to do premium processing of the I-140 application, even if I am ready to pay for the premium processing fees. I am at loss how to convince their dense mind what it means to lose the priority date.
Green card processing can be for future employement also. So even though you laid off it won't stop your 140 processing.
About premium processing Can't you deal with lawyer directly? . Just sending 1000$ check will do your job but I am not sure there is premium processing for 140 is valid now or not ? (until July 16)
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wandmaker
03-20 07:47 PM
I have got an RFE for 485 application. USCIS is asking me for Employment Letter, Paystubs and W2 for the employer I NEVER worked. (I have typed exact message below)
*
This is my situation-
I worked for 'Employer #1' from Jan-2000 to Jan-2005
Then I started working with 'Employer #2' from Jan-2005 to present. Employer #2 filed my H1/Labor/140/485. I am still working for Employer #2
*
However, I thought of changing job in 2006 and 'Employer X' offered me a job and sponsored my H1 and it got approved too, but I changed my mind and decided to continue with my current employer (Employer #2) and I am still with Employer #2. Please note my latest H1B was sponsored by “Employer X”, but I never worked for this Employer.
*
Please advice-
1) What should I send to USCIS? As I don’t have (can’t get) Employment Letter, Paystubs and W2 for “Employer X”
2) Would you consider this as simple case or complicated?
3) Should I hire attorney? (I self filed my 485 in July-2007)
*
*
This is the exact text - (changed Employer names)
Service records indicate that you were granted an H1-B nonimmigrant worker classification for employment from DEC 11, 2006 to DEC 11, 2009 for “Employer X"-. However, according to the G-325a submitted with your application, you had only worked for "Employer #1" from Jan-2000 to Jan-2005 and for the "Employer #2" from Jan-2005 to the present. Please provide evidence that you were employed with “Employer X". Such evidence may include copies of: employment letter, pay stubs or w2s
Thank you for your time and help.
Ask your attorney to write a letter in response to RFE and explaining the situation you never took the job with employer X though the H1B transfer or new is approved, this will clear the query of USCIS. One catch, you should have maintained a continuous employment with #2 and demonstrate the same to USCIS. Good luck!
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, so there is no question that you recent h1 is valid and past is invalid. Get an attorney, Good weekend
*
This is my situation-
I worked for 'Employer #1' from Jan-2000 to Jan-2005
Then I started working with 'Employer #2' from Jan-2005 to present. Employer #2 filed my H1/Labor/140/485. I am still working for Employer #2
*
However, I thought of changing job in 2006 and 'Employer X' offered me a job and sponsored my H1 and it got approved too, but I changed my mind and decided to continue with my current employer (Employer #2) and I am still with Employer #2. Please note my latest H1B was sponsored by “Employer X”, but I never worked for this Employer.
*
Please advice-
1) What should I send to USCIS? As I don’t have (can’t get) Employment Letter, Paystubs and W2 for “Employer X”
2) Would you consider this as simple case or complicated?
3) Should I hire attorney? (I self filed my 485 in July-2007)
*
*
This is the exact text - (changed Employer names)
Service records indicate that you were granted an H1-B nonimmigrant worker classification for employment from DEC 11, 2006 to DEC 11, 2009 for “Employer X"-. However, according to the G-325a submitted with your application, you had only worked for "Employer #1" from Jan-2000 to Jan-2005 and for the "Employer #2" from Jan-2005 to the present. Please provide evidence that you were employed with “Employer X". Such evidence may include copies of: employment letter, pay stubs or w2s
Thank you for your time and help.
Ask your attorney to write a letter in response to RFE and explaining the situation you never took the job with employer X though the H1B transfer or new is approved, this will clear the query of USCIS. One catch, you should have maintained a continuous employment with #2 and demonstrate the same to USCIS. Good luck!
Note H1 to L1, H4 to H1, L1 to H1 is completely different, it is change of status - H1 to H1 is not change of status, so there is no question that you recent h1 is valid and past is invalid. Get an attorney, Good weekend
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Michael chertoff
03-26 11:28 PM
MC,
With the porting thing happening crazily, It looks like your gc will be a dream for ever. Better you take ADMIN position in IV. Better you turn as approver.
my dear friend why are you fighting, you can simply put your point in nice way.
With the porting thing happening crazily, It looks like your gc will be a dream for ever. Better you take ADMIN position in IV. Better you turn as approver.
my dear friend why are you fighting, you can simply put your point in nice way.
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arunmohan
02-14 01:09 AM
IV:
This would be a ray of light for us. Please make a strategy or plan for how to move in this direction.
This would be a ray of light for us. Please make a strategy or plan for how to move in this direction.
more...
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bandaru9989
08-14 09:42 PM
I have a last pay check through an Employer A of August 1, 2008. Earlier before leaving Employer A I filed a H1 transfer to a new employer B and that got approved by USCIS but I didn't start working with Employer B. Now I am getting a new offer from Employer C which is better than Employer B. Attorney of Employer C says that he can file for a transfer through company A as the pay check is less than two weeks.
Now my problem is I not sure whether my transfer from A to C would be successfull or not?
Another thing I have not informed Employer B that I will not be joining him, Do I have to pay him all the H1 transfer fees?
Now my problem is I not sure whether my transfer from A to C would be successfull or not?
Another thing I have not informed Employer B that I will not be joining him, Do I have to pay him all the H1 transfer fees?
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needhelp!
02-11 01:09 PM
~WE NEED 23,474 MORE LETTERS~
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swamy
11-21 08:09 AM
Please contribute - let's not make IV plead for contributions, t's ridiculous. This is a thankless job IV is doing - and as the main post says "Consider yourself part of something big. What we are doing is something big." The process is so horribly long and demeaning that people may even become terminally ill during the process! This is no time for lethargy - get off your big behinds and start acknowledging the mess we're in - the anti-immigrant forces want to squeeze every ounce of blood & sweat out of you before you get your due, if at all and you cant not just afford to keep quiet!
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snakesrocks
05-14 08:38 AM
I just found out that I will not be getting the stimulus as my wife is cannot get a SSN. In addition, we will not be getting stimulus amount for our American born daughter.
We have been here for a year and a half and while there are some benefits to being in America, my wife and I are trying hard to understand why we moved here from Canada (saving taxes is no benefit when compared to having to deal with ignorance all around). My being here is benefiting an American company (which did not have the expertise that I brought to them and this country) and thereby this country.
If I were to leave the company, a number of people would lose their jobs and I would take my expertise somewhere else.....
Is it true that almost everything done in America is poorly planned and lacks foresight and common sense? Our experience here to date is giving us this impression.....
I would be interested in joining with others against the IDIOTS who don't understand who is benefitting this country.
I totally agree with you. I came from Canada too and my wife went to college here, got her nursing degree and RN. Not able to file for GC because of the mess. She is working in an industry which has high demand and lack of people. Health care will be worst for those American baby boomers. Waiting for my kids to go to college ( 4 more years ) and move back to Canada.
Came to USA only for kids higher education.
Anyone interested in joining the group to get SSN for the ITIN holders?
We have been here for a year and a half and while there are some benefits to being in America, my wife and I are trying hard to understand why we moved here from Canada (saving taxes is no benefit when compared to having to deal with ignorance all around). My being here is benefiting an American company (which did not have the expertise that I brought to them and this country) and thereby this country.
If I were to leave the company, a number of people would lose their jobs and I would take my expertise somewhere else.....
Is it true that almost everything done in America is poorly planned and lacks foresight and common sense? Our experience here to date is giving us this impression.....
I would be interested in joining with others against the IDIOTS who don't understand who is benefitting this country.
I totally agree with you. I came from Canada too and my wife went to college here, got her nursing degree and RN. Not able to file for GC because of the mess. She is working in an industry which has high demand and lack of people. Health care will be worst for those American baby boomers. Waiting for my kids to go to college ( 4 more years ) and move back to Canada.
Came to USA only for kids higher education.
Anyone interested in joining the group to get SSN for the ITIN holders?
more...
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sapota
09-19 08:43 PM
Campaign contribution is the lubricant oil of politics (all pun intended - big oil is the biggest contributor to both parties).
Strength of IV & the skilled immigrant community should translate to campaign dollars. If the skilled immigrant community is in powerful positions in big firms, they can influence company contributions. Same applies for companies (to be) founded by immigrants.
We need to put our money where our mouth is.
Strength of IV & the skilled immigrant community should translate to campaign dollars. If the skilled immigrant community is in powerful positions in big firms, they can influence company contributions. Same applies for companies (to be) founded by immigrants.
We need to put our money where our mouth is.
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add78
09-12 10:45 AM
although "technically" it is the congress (both the house and the senate) that makes legislation, a.k.a. any new laws or amendments to existing laws when it comes to immigration matters, the role of the president, especially a popular president cannot be underestimated.
If the president decides to throw his full weight behind a particular bill or treaty (as happening with the US-India Nuke Deal), he can (especially a popular president in his first term next year, whoever he may be) influence a lot of congressmen/senators to rally behind such a bill. In that regard someone with a bi-partisan reach can garner even more support from both parties.
That is why it is IMPERATIVE that whoever the next president will be, that he is SUPPORTIVE WHOLE HEARTEDLY for legal immigration.
If the president decides to throw his full weight behind a particular bill or treaty (as happening with the US-India Nuke Deal), he can (especially a popular president in his first term next year, whoever he may be) influence a lot of congressmen/senators to rally behind such a bill. In that regard someone with a bi-partisan reach can garner even more support from both parties.
That is why it is IMPERATIVE that whoever the next president will be, that he is SUPPORTIVE WHOLE HEARTEDLY for legal immigration.
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grupak
06-26 09:28 AM
Is the efforts of EB3 (I) volunteers being exploited (indirectly, ofcourse)? What are they fighting for?
I don't see how. If the bills pass, then everybody in queue benefits. Simply switching to EB2 is not going to work because it is also retro. The people impacted by retrogression should take the lead in fixing the mess.
I don't see how. If the bills pass, then everybody in queue benefits. Simply switching to EB2 is not going to work because it is also retro. The people impacted by retrogression should take the lead in fixing the mess.
Bhadwaj
10-07 04:35 PM
Hi,
Here is our situation. I am on H1 and have 485 pending for me and my wife. Both of us also have a valid EAD.
My wife was on H1 too, however since Oct'08 she relinquished her H1 status and took up another job using her EAD. Currently, we are planning to have her AP filed (her earlier AP expired in Dec'08).
Given all this, I have following questions.
a). Are there any risks associated with filing AP.
b). I presume her status has been valid so far... reason I ask is that we didn't do anything special in terms of communicating any official agency, when she jumped the boat from H1 to EAD. Were we supposed to?
c). Do you think I can get her on H4 while she continues to work using her EAD. I guess H4 option is more expensive? Any thoughts?
Appreciate any help/pointers on this.
Thanks
Here is our situation. I am on H1 and have 485 pending for me and my wife. Both of us also have a valid EAD.
My wife was on H1 too, however since Oct'08 she relinquished her H1 status and took up another job using her EAD. Currently, we are planning to have her AP filed (her earlier AP expired in Dec'08).
Given all this, I have following questions.
a). Are there any risks associated with filing AP.
b). I presume her status has been valid so far... reason I ask is that we didn't do anything special in terms of communicating any official agency, when she jumped the boat from H1 to EAD. Were we supposed to?
c). Do you think I can get her on H4 while she continues to work using her EAD. I guess H4 option is more expensive? Any thoughts?
Appreciate any help/pointers on this.
Thanks
tdasara
07-05 09:08 AM
There were approvals on July 1st and July 2nd for PD which were current according to the earlier released visa bulletin.
This does mean the earlier bulletin was valid for few hours and the applications received during that period should be valid!!
This does mean the earlier bulletin was valid for few hours and the applications received during that period should be valid!!
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