hopefulgc
08-13 01:05 PM
Actually. .. vdlrao could be Honorable Mr. Charles Oppenheimer (Official in charge of issuing visa bulletins) :D:D:D:D
his predictions were so accurate ... black 'copters landed and took him away... :p
his predictions were so accurate ... black 'copters landed and took him away... :p
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iad2ead
09-17 09:17 PM
One of my friend's collegue had issues in getting his citizenship because he changed
job in less than 6 months of getting GC. Don't know too many details but I know that
citizenship will have issues..so pls check it out.
cheers
Iad
Hi,
I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D
job in less than 6 months of getting GC. Don't know too many details but I know that
citizenship will have issues..so pls check it out.
cheers
Iad
Hi,
I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D
485Mbe4001
05-19 01:07 AM
honest opinion, talk to a good lawyer about this. your case is unique so dont depend comments from us. Companies have always used the carrot and stick aproach, with GCs, its just our luck that we roll the dice with this process and how we are exploited. You can stand your ground and negotiate with your firm, to a certain extent they need you too. Your I-40 is owned by the company, so they are the ones sponsoring you. Besides your current lawyers will probably have all your papers and approvals. Our lawyer did not even give us the I 140 number as we did not file it. I guess you might need all the 140 papers when you file for 485
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sprash
10-15 06:00 PM
My lawyer strongly suggests not to leave US unless you have your AP in hand or a valid visa stamped.
more...
snathan
05-20 06:19 PM
Not favoring Wipro or quitting person here. General comment..
we need to be careful and review all aspect of issues with mgr and HR before leaving service companies. If we really want to come and work in US then come as independent companies on H1. People keep quite and say 'yes' for everything until H1 is filed in offshore and once a high paid offer comes then leaving and start saying 'sue' this company etc.
they pay fees for H1/air-fares/insurances for commitment for onsite work for some period. If person A goes out, they have to invest same amount of $ on new person B to get there and loosing credit at client also. Are these factors not overhead to these kind of companies?
Becoming so much emotional for money matters is quite common. Be practical and think wisely and negotiate peacefully with HR/MGR. Sending mails with lot of anger and threats to companies etc really don't much help in practical life and things go worse. this kind of stories is not first time and has been going for many years, think it from both sides.
Be practical, thinking peacefully. All the best.
They are not doing any charity for the employees...they want profit and cares only about their interest and so the employee. Whats wrong with that...
we need to be careful and review all aspect of issues with mgr and HR before leaving service companies. If we really want to come and work in US then come as independent companies on H1. People keep quite and say 'yes' for everything until H1 is filed in offshore and once a high paid offer comes then leaving and start saying 'sue' this company etc.
they pay fees for H1/air-fares/insurances for commitment for onsite work for some period. If person A goes out, they have to invest same amount of $ on new person B to get there and loosing credit at client also. Are these factors not overhead to these kind of companies?
Becoming so much emotional for money matters is quite common. Be practical and think wisely and negotiate peacefully with HR/MGR. Sending mails with lot of anger and threats to companies etc really don't much help in practical life and things go worse. this kind of stories is not first time and has been going for many years, think it from both sides.
Be practical, thinking peacefully. All the best.
They are not doing any charity for the employees...they want profit and cares only about their interest and so the employee. Whats wrong with that...
skd
01-09 05:07 PM
Not a bad idea, I don't know what's purpose it will serve, Still just to know...I don't mind this poll.
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Scythe
11-29 02:34 AM
Gah, I knew it! :deranged:
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kumar1
08-01 01:09 PM
Is it just your imagination or did you base this on any source.
buddy...can I buy you a lunch today? Please..
buddy...can I buy you a lunch today? Please..
more...
srikanthmavurapu
08-16 12:29 PM
Hi ,
I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
Thanks,
Srikanth
I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
Thanks,
Srikanth
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rc10580
06-13 03:06 PM
South of Brazil sounds good to me but my husband is not open to it and he is the one who is Brazilian :rolleyes:
He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?
He is much more in favor of Europe and since I have EU passport we can basically live anywhere and he would be able to work the next day :D I feel like I have put so much effort into this by now that I'm not walking away this close. We will hang on and make decisions once we have GC and options to chose. You are so close! Don't give up now after waiting so long! Is your situation at work that bad? Is your wife working?
more...
HRPRO
04-13 01:47 PM
I have got an H1B reject because LCA did not include the client location. So most of you who say its ok to work elsewhere without an LCA change, you have been lucky!
As I understand, LCAs will absolutely have to have the client location else it is a violation of the law. Small companies more often than not do not file an amendment and cut corners. If they are caught, it could lead to dire consequences.
As I understand, LCAs will absolutely have to have the client location else it is a violation of the law. Small companies more often than not do not file an amendment and cut corners. If they are caught, it could lead to dire consequences.
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ab2k7
07-04 03:08 PM
Gurus, need a lil help clarifying issue in GC process.
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
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eyeopeners05@yahoo.com
06-02 03:04 PM
If they know you changed employers to use EAD (your previous employer has to cancel your H-1b by law which also cancels the H-4), then they will know.
Check some of the RFEs that are coming in these days. They want to see documentation in support of lawful presence right from day one of the applicant's entry, even if it was 10 years ago.
You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?
Check some of the RFEs that are coming in these days. They want to see documentation in support of lawful presence right from day one of the applicant's entry, even if it was 10 years ago.
You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?
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dilbert_cal
04-27 12:37 PM
for_gc
PDs are typically recaptured at I-140 stage. Since your EB2 140 is already approved, you cannot use this process.
But I believe there is another state at which you can recapture PD. i.e. @485 stage. You would need to talk to your lawyer - or search for it in immigration forums. If say EB2 dates are current for your EB3 PD , you can file 485 and with that application itself submit the EB3 140 approval AND ask for PD transfer. One of our lawyers had once commented you can port PD at either 140 or 485 stage - we never followed up on the 485 part as we all wanted to keep it safe and at 140 stage. Check with your lawyer and you still have a good chance.
PDs are typically recaptured at I-140 stage. Since your EB2 140 is already approved, you cannot use this process.
But I believe there is another state at which you can recapture PD. i.e. @485 stage. You would need to talk to your lawyer - or search for it in immigration forums. If say EB2 dates are current for your EB3 PD , you can file 485 and with that application itself submit the EB3 140 approval AND ask for PD transfer. One of our lawyers had once commented you can port PD at either 140 or 485 stage - we never followed up on the 485 part as we all wanted to keep it safe and at 140 stage. Check with your lawyer and you still have a good chance.
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desi3933
02-21 08:29 AM
......
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).
Here is my old post dated 09/09/2008 on this topic
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704
.....
Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
.....
And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.
In short, aal izz well.
_______________________
Not a legal advice.
US citizen of Indian origin
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neoneo
07-17 12:49 AM
Hi,
My attorney is requesting that I need to submit Tax return for filing AOS.
I had sent W2 forms
Is tax return separate from W2 , I am confused..:confused:
Pls help
W-2 is the form you would have received from your employer. Against which you field your tax returns. relax and send both. W2- says what you've earned. Tax returns explains what IRS has earned on you. Everyone's happy.
there are cases where people earned W2 but did not pay tax differences ie did not file returns.
Well, some of this maybe extra information. Basically the attorney is trying to play safe.
My attorney is requesting that I need to submit Tax return for filing AOS.
I had sent W2 forms
Is tax return separate from W2 , I am confused..:confused:
Pls help
W-2 is the form you would have received from your employer. Against which you field your tax returns. relax and send both. W2- says what you've earned. Tax returns explains what IRS has earned on you. Everyone's happy.
there are cases where people earned W2 but did not pay tax differences ie did not file returns.
Well, some of this maybe extra information. Basically the attorney is trying to play safe.
more...
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eeezzz
02-19 01:18 PM
I still don't see where this "spill from EB-1 ABC country to EB-2 ABC country" idea coming from.
We all know there's no fixed number of quota for any country in each EB category. There's only "up to" limit for each country. Although some countries may hit their limit early, but that doesn't mean that is reserved quota for that counrty. Since there's no reserved quota for any country, where is the "spill from EB-1 ABC country to EB-2 ABC country" idea coming from ?
"There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year"
I think this means
1. If EB-3 RoW Current, unused quota goes to other countries which is not current, from EB-1 -> EB-2 -> EB-3, either randomly or again by country limit to use these extra quota.
or
2. If EB-3 Row not current. unused quota goes to other countries which is not current, from EB-1 -> EB-2 ->EB-3, either randomly or again by country limit to use these extra quota at 4th quarter in order to not waste any quota.
We all know there's no fixed number of quota for any country in each EB category. There's only "up to" limit for each country. Although some countries may hit their limit early, but that doesn't mean that is reserved quota for that counrty. Since there's no reserved quota for any country, where is the "spill from EB-1 ABC country to EB-2 ABC country" idea coming from ?
"There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year"
I think this means
1. If EB-3 RoW Current, unused quota goes to other countries which is not current, from EB-1 -> EB-2 -> EB-3, either randomly or again by country limit to use these extra quota.
or
2. If EB-3 Row not current. unused quota goes to other countries which is not current, from EB-1 -> EB-2 ->EB-3, either randomly or again by country limit to use these extra quota at 4th quarter in order to not waste any quota.
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Soul
05-27 09:10 AM
Thanks :thumb:
I'm not sure if I should be happy getting votes about bad design! lol! :P How ironic
- Soul :s:
I'm not sure if I should be happy getting votes about bad design! lol! :P How ironic
- Soul :s:
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glus
03-19 11:40 AM
Hello
I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.
I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.
I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.
Thanks
Raghu
OK,
I am sorry to hear your I140 is pending for so long. You have 2 options. 1 - wait. 2-act. If you select the latter, do this:
-contact your senator
-if you receive a letter stating (pending security/background check), contact a good imm. lawyer and do a writ of mandamus.
USCIS does not have to complete FBI checks on I-140. If they argue that they are doing FBI check, you have a case and a period of 3 years if way over unreasonable. USCIS completes internal checks within a few months max. So, your pending I140 for 3 years can't possibly be due to internal uscis checks. I bet they lost your folder; if you want email me privately and I will give you more details on such cases.
If you follow my advise, and go through a goooood lawyer, your I140 will be DECIDED within a few weeks.
I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.
I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.
I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.
Thanks
Raghu
OK,
I am sorry to hear your I140 is pending for so long. You have 2 options. 1 - wait. 2-act. If you select the latter, do this:
-contact your senator
-if you receive a letter stating (pending security/background check), contact a good imm. lawyer and do a writ of mandamus.
USCIS does not have to complete FBI checks on I-140. If they argue that they are doing FBI check, you have a case and a period of 3 years if way over unreasonable. USCIS completes internal checks within a few months max. So, your pending I140 for 3 years can't possibly be due to internal uscis checks. I bet they lost your folder; if you want email me privately and I will give you more details on such cases.
If you follow my advise, and go through a goooood lawyer, your I140 will be DECIDED within a few weeks.
angelfire76
12-07 05:21 PM
Maybe the definition of project managers varies by company. Most PMs I know have maybe around 6-7 years of work experience and I definitely wouldn't classify them as executives or even say that their employment is in the National Interest.
However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.
Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
Just a thought.
However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.
Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
Just a thought.
Templarian
11-28 08:49 PM
Yea, Scythe I think rotating the text made it a bit to complex. :trout:
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