Tuesday, June 14, 2011

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  • kaisersose
    12-07 12:05 PM
    A lot of folks are planning to leave the original sponsor after 180 days. My question is, is there any harm in quitting after 6 months as compared to say 9 months or a year? Would USCIS look infavorably on my application if I quit as soon as the AC21 can kick in? Would quitting after a few more months be any better?

    Thanks in advance

    There is no gain in waiting longer.

    What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.

    As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.





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  • JunRN
    08-11 05:19 PM
    That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.

    If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.





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  • eb3_nepa
    10-26 04:43 PM
    Logiclife i have sent you a PM if you want to discuss this offline let me know.

    Thanks for the clarification though. Does Vbulletin have 2 seperate tables one for threads and one for messages. That is the structure that another forums software that we used had. If you have a messages and threads table seperately then maybe you can sort it simply by messageID (the primary key in the messages table). Since that column is a PK, it is already indexed and hence automatically faster





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  • spaceguy
    03-26 08:03 PM
    Have you gone out of the country and came back to USA on H1B visa after that ?
    If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).

    I never heard this? Any references to confirm this?



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  • naturopathicpt
    06-29 01:46 PM
    Hi Atty. Prashanthi, I signed a contract from my local Philippine recruiter who brought me here in the US. My recruiter made a hardcopy of terms and agreement and gave my employer and I a copy to sign on. The agreement inlcudes if and when I breach the contract, I have to pay all the expenses incurred by my employer to bring me here in the US (immigration fees, recruitment fees, etc.). I would just like to know if there is a law that allows recruiters to hold employees through this agreement.





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  • babu123
    08-20 03:14 PM
    I got name check information atlast today. Its cleared
    Still waiting for GC Approval. God knows when it will get approved.

    Labor Priority Date: May 24, 2006
    I -140 Approved: Oct 2006
    I-485 RD July 2, 2007
    I-485 ND Aug 27, 2007 with SRCXXXXXXX



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  • vipatel3
    10-19 03:55 AM
    Hi ,

    Do you know anyone whose documents were sent back in error by USCIS staff on confusion over Fees increase ? How did it impact re-filing





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  • akhilmahajan
    08-16 03:52 PM
    I will like to suggest is, try to talk to them nicely and try to make them understand what they have talked to you before filing GC.

    Otherwise u dont have any choice, definitely u cant risk being rude with them. They can still hurt you as they still have all the cards in their hand.

    About the G328 form, i have read in other posts that for some companies HR have signed for the applicant.

    It seems like every company has their own way of filling GC. I am sure u are not the first one who are filing GC through your company.

    I hoep this helps.



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  • eldrick
    08-16 04:44 PM
    Thanks that made feel better. Thank you again guys for your help.





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  • Munna Bhai
    12-10 08:09 AM
    Thanks for your response. Good to hear that I can file while I am outside the US.
    Meanwhile, I was wondering if it expires due to (assume) my neglect... does that create issues or can I apply at a later date... this is just in case I forget !! Sorry !!

    you are apply later but you can't work if you don't have EAD. Normally it is good to renew EAD so that it doesn't raise any flag. Hope this helps.



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  • caprianurag
    11-15 03:55 PM
    So, what did you decide..to join as PM or not?





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  • eb3_nepa
    07-21 09:49 AM
    EB3_NEPA

    As Far I as know we cannot have 2 Visas at the same time. The logic behind this is, L1 Visa is specifically meant for Company Transfer and you need to be having at least 1 year in the Company even before applying for L1 Visa.

    And coming to having H1 simultaneously is not possible as you will be doing a transfer from H1 to L1 as you are still in the country and your H1 visa becomes invalid. Also the 6 year limit applies to both the period spent on H1 and L1.

    If you would require to start afresh , then you need to go back the country and get fresh L1 visa stamped and that would be valid for 6 years...

    I was in the same situtation and had to transfer from L1 to H1 as I did not want to go through the Visa appointment hassles.

    Hope this helps...

    :( That sucks, but thanks for the info.



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  • ski_dude12
    09-26 12:56 PM
    Please update profile before someone can help.





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  • delhikadesi
    01-27 10:44 PM
    Hello,

    I am from chandler.....
    but truly in current economy I am not sure if GC in on priority of anyone's list !!.

    I am open for a meet and greet to get the ball rolling for our future plans!!



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  • Hassan11
    08-24 03:43 PM
    Hi. I am sorry if I am posting this on the wrong thread but I am trying to get some help or suggestions.

    I have a question regarding an appeal I did a year ago for a rejected LC.

    I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks





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  • thomachan72
    01-04 12:38 PM
    Will take a look once I get home today:):)



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  • a1b2c3
    12-19 11:39 AM
    If you think you displaced some americans, please give back their jobs and leave the country.:rolleyes:. Your GC status need not stop you from doing so.

    Not before you give yours back. you are a temp anyways. you don't even have to surrender your gc.





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  • arnet
    08-23 06:41 PM
    have always EAD/AP as your backup even if you have H1 visa (especially when you didnt have stamping or visa expires soon or if you have job uncertainity), it is safe as others suggested.....incase if you need EAD/AP for any emergency, you cant get these easily, it takes atleast 1-3 months for approval based on your processing center, so better apply atleast now...if you are working in EAD then it is better to apply for renewal before 4 months of expiry of current EAD/AP.





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  • mr_aryan
    10-19 01:50 PM
    If the annonation says, you came to U.S for the liecensing exam & and you got any employment offer in correspondece to that after passing it.
    I dont think it would be considered as a VISA fraud.





    kumar07
    09-16 08:59 AM
    Hi Sandy,

    Since I already have the h1b approval for this year, I guess there is no issue regarding any "fraud" involved or else they might have denied it in first place. Is it correct?

    I will be working on internal project at company office location. So i believe I need the proper project description document to support my case. Without that, VO will again issue me 221g asking the same. So is it right to carry the full project report (around 30-50 pages) in first interview itself?

    Thanks.





    kumar07
    09-14 04:45 AM
    thnks immiusa, ur answer is really helpful!...

    but, how do i give more evidence that the job offer is genuine..I will have the project report document and other docs sent by the company..how else can i be assured that they will be convinced??

    Appreciate for your help.



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