snathan
06-05 02:08 PM
My labour got approved on May 23rd .
Is it possible to switch company and use this labour whihc got approved by this company?
Thanks for all your support and sharing for knowledge.
If only Labour is approved and you change employer, you will lose it and have to start from the scrach. Only if your I-140 is approved and its more than six months, you can use the PD.
Is it possible to switch company and use this labour whihc got approved by this company?
Thanks for all your support and sharing for knowledge.
If only Labour is approved and you change employer, you will lose it and have to start from the scrach. Only if your I-140 is approved and its more than six months, you can use the PD.
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jack_suv
07-19 12:21 PM
Hi all,
After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.
Pro:
The only pro that is available is you can use EAD and AC-21 to get a better job or new job (if laid off) if you satisfy the following conditions.
Conditions:
1.Maintain H1 till you bring spouse to USA on H4
2.your spouse changes to f1 or h1 later after coming to usa
3. your spouse does not have to travel outside USA till PD becomes current as he/she needs a new visa to enter back to USA. ofcourse can always get a new visa if possible.
Cons:
1. Your GC is approved before you get married - very bad situation.
2. You are married but cant bring spouse on valid H4 if you dont have valid h1
3. your spouse cant get H1 or F1 after coming to USA and remains on H4 which means you have to remain on H1 and cant use EAD.
4. Your H4 spouse goes out of status when your GC is approved before your PD becomes current. There may be 180 day grace period here. Experts help?
The only way possible to realize the benefit of filing 485 which is use EAD and AC(21) to get a better job or an additional job is to do the following
1. get married before GC is approved.
2. bring spouse to USA on some visa. if spouse is on H4 you need to have valid H1. if spouse is on H1 or F1 or L1 then no problem.
3. Move spouse out of H4 into other visa.
4. You Use EAD to get a different job.
5. When PD becomes current, spouse applies for 485.
Potential hiccups in this solution:
1. USCIS does not like that you used EAD and shifted employer.
2. Practical problems on getting a company to hire you on EAD.
3. Doing a status change for spouse.
If unmarried does not file 485 now::
1. Be in H1 for a long time with same employer based on your PD.
==========
As I see there are 4 categories of unmarried people
1. Satisfied with current employer ; PD is in 2004 or 2005.
2. Satisfied with current employer ; PD is in 2006 or 2007.
3. Not Satisfied with current employer and planning to use EAD ; PD is in 2004 or 2005.
4. Not Satisfied with current employer and planning to use EAD ; PD is in 2006 or 2007.
What are the recommendations for these 4 groups of people?
Finally one has to consider layoffs or firings!!
Experts please review the scenario and give your opinion on the above way.
Thanks a lot. Welcome to the land of dreams and opportunities.
After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.
Pro:
The only pro that is available is you can use EAD and AC-21 to get a better job or new job (if laid off) if you satisfy the following conditions.
Conditions:
1.Maintain H1 till you bring spouse to USA on H4
2.your spouse changes to f1 or h1 later after coming to usa
3. your spouse does not have to travel outside USA till PD becomes current as he/she needs a new visa to enter back to USA. ofcourse can always get a new visa if possible.
Cons:
1. Your GC is approved before you get married - very bad situation.
2. You are married but cant bring spouse on valid H4 if you dont have valid h1
3. your spouse cant get H1 or F1 after coming to USA and remains on H4 which means you have to remain on H1 and cant use EAD.
4. Your H4 spouse goes out of status when your GC is approved before your PD becomes current. There may be 180 day grace period here. Experts help?
The only way possible to realize the benefit of filing 485 which is use EAD and AC(21) to get a better job or an additional job is to do the following
1. get married before GC is approved.
2. bring spouse to USA on some visa. if spouse is on H4 you need to have valid H1. if spouse is on H1 or F1 or L1 then no problem.
3. Move spouse out of H4 into other visa.
4. You Use EAD to get a different job.
5. When PD becomes current, spouse applies for 485.
Potential hiccups in this solution:
1. USCIS does not like that you used EAD and shifted employer.
2. Practical problems on getting a company to hire you on EAD.
3. Doing a status change for spouse.
If unmarried does not file 485 now::
1. Be in H1 for a long time with same employer based on your PD.
==========
As I see there are 4 categories of unmarried people
1. Satisfied with current employer ; PD is in 2004 or 2005.
2. Satisfied with current employer ; PD is in 2006 or 2007.
3. Not Satisfied with current employer and planning to use EAD ; PD is in 2004 or 2005.
4. Not Satisfied with current employer and planning to use EAD ; PD is in 2006 or 2007.
What are the recommendations for these 4 groups of people?
Finally one has to consider layoffs or firings!!
Experts please review the scenario and give your opinion on the above way.
Thanks a lot. Welcome to the land of dreams and opportunities.
Canadianindian
07-09 12:07 PM
I agree 200% with you...
We shld treat this an exception. Let us not be like Americans.
We shld treat this an exception. Let us not be like Americans.
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nfinity
10-16 12:52 PM
If it was at 2' 16'' during the month you got LUD, it means you are stuck in name check.
~
~
more...
shana04
08-14 03:49 PM
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint?
No you don't have to wait. find new employer and file a case on your employer.
According to H1, no matter he has to pay you.
Ultimately he can recover money from vendor, but he is deniying pay to you.
other frineds have suggested so just follow them.
good luck. I know the pain. sorry for you.
Also kindly let me know how can I proceed if I want to file a DOL complaint?
No you don't have to wait. find new employer and file a case on your employer.
According to H1, no matter he has to pay you.
Ultimately he can recover money from vendor, but he is deniying pay to you.
other frineds have suggested so just follow them.
good luck. I know the pain. sorry for you.
IneedAllGreen
06-28 02:45 PM
I have an important question that I need to ask here. What is going to be Job title in employment verification letter. For example if I work in company as a Software consultant and H1B states that I am Programmer Analysts and my PERM labor has stated Software Programmer Engineer.
So out of these 3 which one will going to be in my employment letter. I am unable to get in touch with attorney thru company and our HR doesnt know what to write in Employement letter. Any advise from people who already got their employement letter from their employer.
Thanks
INeedAllGreen
So out of these 3 which one will going to be in my employment letter. I am unable to get in touch with attorney thru company and our HR doesnt know what to write in Employement letter. Any advise from people who already got their employement letter from their employer.
Thanks
INeedAllGreen
more...
sertasheep
03-25 11:18 AM
<EDIT>
added hyperlink to Enquiro Report
</EDIT>
Chidanand Rajaghatta is a guy who spends time in different countries and writes about his travails. Obviously, he's not completely educated on this, and I guess may be we could take this opportunity to make him and TOI aware of our efforts.
I have sent out the following email.(between asteriskes). I'll post any responses I may(will I?) receive.
**********************
Dear Mr. Rajaghatta, and Editor,
I have been a consistent reader of your articles on your travels the world over. The headline for your latest article seemed a little sensational to me, without any mention of the word "Illegal".
The NRI community(read "legal immigrants" and "legal immigrant applicants") are aware of the new Guest Worker program proposed by Mr. George Bush, but it doesn't really affect the Indian diaspora at all, because majority of us are in the US legally.
The article seemed out of context and irrelevant in a esteemed publication such as TOI. Why don't you instead write about current issues that are plaguing the NRI community? Those would be directly relevant to the concerns of affected NRIs and would draw more readers to you.
I have recently concluded a research paper(as part of my Masters program) on the inefficiencies of the US Immigration system, and its impact on applicants, especially from countries such as India and China. The outdated workflows and holes in the Immigration system have led to endless waits and affected many immigration applicants, thereby impacting US economy in terms of tax dollars, jobs lost to overseas(outsourcing), and subsequently, loss of precious foreign exchange to the home countries of these applicants.
Applicants are forced to spend precious time and effort in speculating and predicting the outcome of their immigration benefits. As per a Internet search engine study, (See Enquiro Search Engine Report, Aug 2005 http://www.enquiro.com/net-profit/Murthy-vs-Goliath.asp ), it is the website of a US Immigration Lawyer (across all practices) that gets the most eyeballs(hits), worldwide! This is testimony to the fact that several hours are spent by applicants in anticipation and speculation.
I would more than willing to collaborate and share these thoughts with you, to fuel your interest further.
May I also draw your attention to some of the grass-roots organizations fighting for these causes? One notable organization is "Immigration Voice" which is gaining great momentum.(www.immigrationvoice.org)
Best Regards
************
"Celebrate, Have Faith and Maintain Hope"--the byline of a popular immigration attorney. Isn't this quite true?
added hyperlink to Enquiro Report
</EDIT>
Chidanand Rajaghatta is a guy who spends time in different countries and writes about his travails. Obviously, he's not completely educated on this, and I guess may be we could take this opportunity to make him and TOI aware of our efforts.
I have sent out the following email.(between asteriskes). I'll post any responses I may(will I?) receive.
**********************
Dear Mr. Rajaghatta, and Editor,
I have been a consistent reader of your articles on your travels the world over. The headline for your latest article seemed a little sensational to me, without any mention of the word "Illegal".
The NRI community(read "legal immigrants" and "legal immigrant applicants") are aware of the new Guest Worker program proposed by Mr. George Bush, but it doesn't really affect the Indian diaspora at all, because majority of us are in the US legally.
The article seemed out of context and irrelevant in a esteemed publication such as TOI. Why don't you instead write about current issues that are plaguing the NRI community? Those would be directly relevant to the concerns of affected NRIs and would draw more readers to you.
I have recently concluded a research paper(as part of my Masters program) on the inefficiencies of the US Immigration system, and its impact on applicants, especially from countries such as India and China. The outdated workflows and holes in the Immigration system have led to endless waits and affected many immigration applicants, thereby impacting US economy in terms of tax dollars, jobs lost to overseas(outsourcing), and subsequently, loss of precious foreign exchange to the home countries of these applicants.
Applicants are forced to spend precious time and effort in speculating and predicting the outcome of their immigration benefits. As per a Internet search engine study, (See Enquiro Search Engine Report, Aug 2005 http://www.enquiro.com/net-profit/Murthy-vs-Goliath.asp ), it is the website of a US Immigration Lawyer (across all practices) that gets the most eyeballs(hits), worldwide! This is testimony to the fact that several hours are spent by applicants in anticipation and speculation.
I would more than willing to collaborate and share these thoughts with you, to fuel your interest further.
May I also draw your attention to some of the grass-roots organizations fighting for these causes? One notable organization is "Immigration Voice" which is gaining great momentum.(www.immigrationvoice.org)
Best Regards
************
"Celebrate, Have Faith and Maintain Hope"--the byline of a popular immigration attorney. Isn't this quite true?
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gcformeornot
12-31 01:05 PM
bump
more...
mzafar125
10-29 02:12 PM
All u require is
- take the EAD cards
- take some ID like drivers license or passport
- fill this form
Thats it....
http://www.ssa.gov/online/ss-5.pdf
Folks,
I was just reviewing the form, we should select " Legal Alien Allowed to Work" on the SSN application form if we have been issued the EAD card right ? All we need to take along with us is the valid EAD , drivers license, and foreign passport. Do you know how long it takes them to process the SSN.
Do we have to wait for the SSN to apply for a job or can we start working once we have the receipt stating that we have applied for the SSN.
Thanks!
- take the EAD cards
- take some ID like drivers license or passport
- fill this form
Thats it....
http://www.ssa.gov/online/ss-5.pdf
Folks,
I was just reviewing the form, we should select " Legal Alien Allowed to Work" on the SSN application form if we have been issued the EAD card right ? All we need to take along with us is the valid EAD , drivers license, and foreign passport. Do you know how long it takes them to process the SSN.
Do we have to wait for the SSN to apply for a job or can we start working once we have the receipt stating that we have applied for the SSN.
Thanks!
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gova123
08-14 03:31 PM
I-485 AD: Jul-02-2007
I-485 ND: Jul-31-2007
still waiting for fingerprint notice.
You don't need no FP if your AD of I-485 is Jul 02...., Just kidding my friend....
Anyway, I have applied along with my wife on Jul 19, No receipts yet......
I-485 ND: Jul-31-2007
still waiting for fingerprint notice.
You don't need no FP if your AD of I-485 is Jul 02...., Just kidding my friend....
Anyway, I have applied along with my wife on Jul 19, No receipts yet......
more...
GCNOMAD
03-07 01:58 PM
Just a quick comment on S4165504 reply based on my experiences that I posted before on the same thread.
The airport immigration counter or the CPB offices can correct only the mistakes from their side, and that too only within 2 or 3 days. But for cases where the I-94 expired, they dont consider it as a mistake on their side and immediately ask you to leave.
In fact, for my case when I called the LA airport immigration counter office, they adviced me that I can only go to the CPB office in downtown for any corrections and cannot come to the airport office.
Regards
The airport immigration counter or the CPB offices can correct only the mistakes from their side, and that too only within 2 or 3 days. But for cases where the I-94 expired, they dont consider it as a mistake on their side and immediately ask you to leave.
In fact, for my case when I called the LA airport immigration counter office, they adviced me that I can only go to the CPB office in downtown for any corrections and cannot come to the airport office.
Regards
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sundarpn
07-20 08:13 AM
thx GC_ASP.
One clarification on question:
3. Can I file my spouses 485 whenever the dates become current (I meant despite myself working for a new employer on H1b.). Will dependent 485 filing need support from ex-employer?
One clarification on question:
3. Can I file my spouses 485 whenever the dates become current (I meant despite myself working for a new employer on H1b.). Will dependent 485 filing need support from ex-employer?
more...
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Ann Ruben
07-06 06:04 PM
Hi Raj,
"as long as the new company can provide me a future job offer, when the PD is current the GC can be approved."
Well, not exactly. The above statement is true only as long as you do not abandon your AOS application. To make sure that USCIS does not find that you have abandoned your AOS application you should maintain the validity of your Advance Parole if at all possible. Alternatively, if you maintain a current H-1 visa for the new employer, there is a reasonable argument (but not a guarantee) that, despite your absence abroad, you have not abandoned your AOS application. Finally, if after working overseas for the new company for at least one year, the company successfully files an EB-1 I-140 petition for you, you (and your family) can immigrate via Consular Processing in the EB-1 preference category using your old EB-3 priority date if necessary.
Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.
If you maintain your Advance Parole validity, an H-1 transfer to the new company would not be necessary.
"In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
Could traveling on B1 visa consider it as abandonment of GC process?"
You raise an important point. Travelling on a B-1 visa would certainly be considered an abandonment of your AOS application. Similarly, if you are found not to be "employed" by a US company because you are not on the US payroll, you would not be entitled to enter in H-1 status.
Ann
"as long as the new company can provide me a future job offer, when the PD is current the GC can be approved."
Well, not exactly. The above statement is true only as long as you do not abandon your AOS application. To make sure that USCIS does not find that you have abandoned your AOS application you should maintain the validity of your Advance Parole if at all possible. Alternatively, if you maintain a current H-1 visa for the new employer, there is a reasonable argument (but not a guarantee) that, despite your absence abroad, you have not abandoned your AOS application. Finally, if after working overseas for the new company for at least one year, the company successfully files an EB-1 I-140 petition for you, you (and your family) can immigrate via Consular Processing in the EB-1 preference category using your old EB-3 priority date if necessary.
Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.
If you maintain your Advance Parole validity, an H-1 transfer to the new company would not be necessary.
"In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
Could traveling on B1 visa consider it as abandonment of GC process?"
You raise an important point. Travelling on a B-1 visa would certainly be considered an abandonment of your AOS application. Similarly, if you are found not to be "employed" by a US company because you are not on the US payroll, you would not be entitled to enter in H-1 status.
Ann
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ajju
09-25 12:22 PM
Good find - shows the plight of legal immigrants.
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
Add wait time or prev unsuccesful attempts of paplying 485... So you can add... addition 4-5 years., fore unlucky people like me to be able to apply for a GC Application :D
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
Add wait time or prev unsuccesful attempts of paplying 485... So you can add... addition 4-5 years., fore unlucky people like me to be able to apply for a GC Application :D
more...
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gk_2000
07-30 07:39 PM
Yeh safar bahut hei kathin magar
na udhaas ho mere humsafar
YouTube - 1942- A Love Story - Yeh Safar Bahut Hai - AKB (http://www.youtube.com/watch?v=8T8gprzXqd8)
na udhaas ho mere humsafar
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doubleyou
05-18 03:30 PM
Rvendra, Looks like we are in the same boat.
1)Did you check with the Ombudsman too?
2)I believe that there is a no to call the FBI and verify, Does any body know it and tried it?
1)Did you check with the Ombudsman too?
2)I believe that there is a no to call the FBI and verify, Does any body know it and tried it?
more...
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smuggymba
03-30 08:34 PM
To the Admins - I went in to update my PD on the profile, the latest date is oct 2009. Can you please update.
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sukhwinderd
08-22 02:54 PM
http://www.immigrationportal.com/archive/index.php/t-135211.html
Date
Motor Vehicle Commission
RSS Site Name
RSS Site Address
I hereby certify that ________________ is currently employed by ____________ and has been employed since ______________.
I certify that, on ______________, I filed an H1B petition extension and application for extension of stay on behalf of this individual (see attached receipt notice from the US Citizenship and Immigration Services (USCIS)).
Pursuant to 8 CFR 274a.12(b)(20), this individual is authorized to continue employment with ____________ for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay (as indicated on the immigration documentation).
I further certify that if I receive that the USCIS had denied the application prior to the 240 day period and if <name, Driver license number>, ceases to be employed by ________________ during the 240 day period, I will notify the Motor Vehicle Commission (MVC), in writing as soon as practicable. I will send such notice to:
Legal & Regulatory Affairs Unit
Motor Vehicle Commission
PO Box 162
Trenton, NJ 08666-0162
Sincerely,
Signature of
individual certifying
the information
Print Name & Title
i picked this from another web site. but it does work especially when you have legal details.
8 CFR 274a.12(b)(20),
also, as i said your lawyer might have to call there supervisor, they might not listen to you.
Date
Motor Vehicle Commission
RSS Site Name
RSS Site Address
I hereby certify that ________________ is currently employed by ____________ and has been employed since ______________.
I certify that, on ______________, I filed an H1B petition extension and application for extension of stay on behalf of this individual (see attached receipt notice from the US Citizenship and Immigration Services (USCIS)).
Pursuant to 8 CFR 274a.12(b)(20), this individual is authorized to continue employment with ____________ for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay (as indicated on the immigration documentation).
I further certify that if I receive that the USCIS had denied the application prior to the 240 day period and if <name, Driver license number>, ceases to be employed by ________________ during the 240 day period, I will notify the Motor Vehicle Commission (MVC), in writing as soon as practicable. I will send such notice to:
Legal & Regulatory Affairs Unit
Motor Vehicle Commission
PO Box 162
Trenton, NJ 08666-0162
Sincerely,
Signature of
individual certifying
the information
Print Name & Title
i picked this from another web site. but it does work especially when you have legal details.
8 CFR 274a.12(b)(20),
also, as i said your lawyer might have to call there supervisor, they might not listen to you.
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eucalyptus.mp
02-16 03:37 PM
I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
sapota
10-15 02:19 PM
I am actually amazingly surprised by the phone customer service that USCIS is offering now (I remember having to dial INS phone customer numbers only to get constant engaged tones). Talking to a customer service rep will give you up to date status of your case (online status is not most updated).
anoopraj2010
07-30 01:39 PM
Well my questions are more coming from the part that if something happens to me before I become a citizen what will happen to her application?
Why wait for citizenship - will it make sense to go and file a new app alongside for fb2 which is less retrogressed and atleast has some hope..
Why wait for citizenship - will it make sense to go and file a new app alongside for fb2 which is less retrogressed and atleast has some hope..
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