Joozz
09-19 04:45 PM
Hi guys,
Is there anyway somebody can give me an advice what to do?
My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
Thanks in advance.
Is there anyway somebody can give me an advice what to do?
My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
Thanks in advance.
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amsgc
04-22 09:59 PM
Indian companies like wipro, infosys discourage GC processes.
If that is the case, then PDs should move forward once we are past FY2004.
The question is, how many are there in FY2004?!!
If that is the case, then PDs should move forward once we are past FY2004.
The question is, how many are there in FY2004?!!
saurav_4096
04-12 01:47 PM
Can you not reply anonymously? If you couldn't, if you respond, I don't think they would put your existing application in jeopardy if you respond truthfully. You certainly have a good reason to move and they seem to already know that.
If you are worried, why don't you wait until your H1's approved and then respond? Its never too late to report these scumbags and you would be doing a service to others who might fall trap.
If you decide to not report, I totally understand. It is fair to feel queasy with anything related to immigration here.
As letter has been addressed to me, I cannot be anonymous.
They have given three days duration for reply so waiting till H1 transfer is not option either.
If you are worried, why don't you wait until your H1's approved and then respond? Its never too late to report these scumbags and you would be doing a service to others who might fall trap.
If you decide to not report, I totally understand. It is fair to feel queasy with anything related to immigration here.
As letter has been addressed to me, I cannot be anonymous.
They have given three days duration for reply so waiting till H1 transfer is not option either.
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pmat
02-15 11:20 AM
There are 2 kinds of posts...(1) Which add value to the forum. Threads started for 401K, selecting a lawyer etc add value since they attract new members. (2) The second kind of posts are the ones initiated by people who want to ask questions. This questions tend to be serving individuals.
I think we should not restrict the first type of posts. There could some kind of charge on the second kind. One suggestion which may work is as follows
1. Only paying members can initiate threads(or may be allow the first few for free ). Exceptions can be permitted by admins who can review if a post could be useful.
2. Anyone can post answers to existing threads.
By the way I am not sure of the technical aspect of the website operations. So please bear with me if my post reflects the same.
Don't think that it would work... people will start asking questions in existing threads instead of initiating new threads for questions. So the number of irrelevant posts in threads will increase. I can't think of any way by which it can be enforced. Also, people who don't want to pay any money will easily find other free sites to ask their questions.
I think we should not restrict the first type of posts. There could some kind of charge on the second kind. One suggestion which may work is as follows
1. Only paying members can initiate threads(or may be allow the first few for free ). Exceptions can be permitted by admins who can review if a post could be useful.
2. Anyone can post answers to existing threads.
By the way I am not sure of the technical aspect of the website operations. So please bear with me if my post reflects the same.
Don't think that it would work... people will start asking questions in existing threads instead of initiating new threads for questions. So the number of irrelevant posts in threads will increase. I can't think of any way by which it can be enforced. Also, people who don't want to pay any money will easily find other free sites to ask their questions.
more...
psaxena
07-06 06:37 PM
I changed my job recently , didn't talk about anything immigration, ead anything. Even when I asked , I told them "That will not be an issue, and nothing is required by the company to do for me". At the time of joining I gave my EAD and SSN. Thats it HR lady didn't ask anything just took the Photocopy of it and kept in the file.
I did not file AC-21 as well , though as part of the joining process without asking I as given the appointment letter, role and jobdesctription , which I can use as EVL. I think this is standard process which every company follows. So flow in the process and there should not be any issues. Also after making the offer the company cannot deny the offer because of EAD thats, the law. So wait and speak wisely till you get the offer letter.
I did not file AC-21 as well , though as part of the joining process without asking I as given the appointment letter, role and jobdesctription , which I can use as EVL. I think this is standard process which every company follows. So flow in the process and there should not be any issues. Also after making the offer the company cannot deny the offer because of EAD thats, the law. So wait and speak wisely till you get the offer letter.
makemygc
01-07 06:59 PM
I had the same scenario and got my EAD renewed using the new passport number without any issues. What USCIS is mainly concerned about is your A# that you fill up in your EAD form.
Thx
MakeMyGC
I would like to know the answer to this question too. does anybody know?
also pkv..how many days did it take you to get the new passport?
Thx
MakeMyGC
I would like to know the answer to this question too. does anybody know?
also pkv..how many days did it take you to get the new passport?
more...
TheOmbudsman
08-24 01:22 PM
Stupid answer:
Less than what Indians would like.
in EB3, EB2 and EB1
Less than what Indians would like.
in EB3, EB2 and EB1
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watzgc
09-18 04:45 PM
Hi, can I use EAD for my current employer.. my h1b exten under process and taking more than 1 yr .... thanks
NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.
NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.
more...
richi121175
05-23 01:00 AM
Is there any provision in the current bill to allow concurrent filing and have EAD even if the PD is not current? That can stop us from being exploited by some bad employers out there.
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Sath thesmilingstar
02-25 08:10 PM
I understand your mother filed for I-140, but did she also file your I-485 and advance parole? If so, as soon as you get your AP, leave the country and return..as a Parolee. Then apply for FAFSA..
so does this mean that i cannot apply with my is i-140 pending..??
so does this mean that i cannot apply with my is i-140 pending..??
more...
BumbleBee
08-16 04:42 PM
Please be aware that experience gained at sponsoring employer can not be counted towards fulfilling minimum qualification requirement for labor certification. You must prove your qualification to the job prior to joining the sponsoring employer... minor details.
So if you are planning to file a new EB2 application with same employer, just count your experience till the point you joined the company, anything afterwards is not admissible.
BumbleBee
So if you are planning to file a new EB2 application with same employer, just count your experience till the point you joined the company, anything afterwards is not admissible.
BumbleBee
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seeking_GC
09-23 06:30 PM
We applied in NSC
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gc_wow
09-16 10:54 PM
Get the cnn chief and make this lou dog on our side, that would be he will never talk about H1b and will praise IV for their efforts in improving USCIS and public policy. This is the time to do this. If dog wont budge then pull sponsers and chase him to the end of earth and may be hell.I have never seen such a bigot in my life.
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pappu
04-13 11:16 AM
We have to first have confidence on our own strengths. We are a 10.5K strong group and well poised to become the largest grassroots advocacy organization of high skilled immigrants.
Key lawmaker offices now know us. We have appeared in top media. We have the best Lobbyists in the country working for us.
No other organization can claim such success in 1 year since inception. All we need is support of $20/month from members in order to continue this effort and grow it.
Key lawmaker offices now know us. We have appeared in top media. We have the best Lobbyists in the country working for us.
No other organization can claim such success in 1 year since inception. All we need is support of $20/month from members in order to continue this effort and grow it.
more...
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radhagd
03-09 03:19 PM
H1B is not required for filing Perm labour. You can file Labour in EB2 and after labour got approval you can file I140 along with Request to port PD. Once you get I140 approved with early PD on it,file another I485 under Consular Processing, when your dates are current. This will not effect your current EB3 I485.
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zephyrr
12-02 10:15 PM
From another thread on IV, I've read that you should keep a copy of
you approved 140 as proof that your 140 was approved. You should
definitely check with a lawyer before making a move. It is true that
you can get a 3 yr H1B extension based on your old 140. If the old
140 is revoked, according to the law, you are not allowed to get an
extension based on it - however, a memorandum issued by USCIS
says that you can. It would be best to get a 3 yr extension before you switch.
but employer keeps the LC and I-140. If I move to new employer
what is the proof that my I-140 was approved.
Thanks
you approved 140 as proof that your 140 was approved. You should
definitely check with a lawyer before making a move. It is true that
you can get a 3 yr H1B extension based on your old 140. If the old
140 is revoked, according to the law, you are not allowed to get an
extension based on it - however, a memorandum issued by USCIS
says that you can. It would be best to get a 3 yr extension before you switch.
but employer keeps the LC and I-140. If I move to new employer
what is the proof that my I-140 was approved.
Thanks
more...
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gcnirvana
05-12 01:42 PM
Thanks for your template but also please include IV's name wherever possible so that they can contact IV for a full coverage.
I Used their tool but sent the folllowing message
Greetings. My name is XXXXXXXXXXXXX. I
am a citizen of India and have been living in the United States for close
to 7 years on a H1b visa and work as a Senior Software Consultant catering
to various Ammerican clients and my employer is located in Irving, Texas.
My Green Card petition was filed by my employer under the EB2 category and
my I 140 petition has been approved, but I am unable to file for i485
(Adjustment of Status) because visa numbers are not available. My wife is
also on a H1b visa and is a first year resident physician at a Community
Hospital in Brooklyn, New York on a H1b visa.
Based on the fact that we have been law abiding tax paying legal
immigrants, we would like to reach out to you and let you know our issues.
Our main issue is career stagnation. Unavilability of visa number
(retrogression) locks us up with the same employer for years together and
does not allow us to grow careerwise and unable to make critical and life
decisions.
We duly understand that there is a 7% per country upper limit when
Visa numbers are allocated and the fact that India and China has been over
subscribed. These caps and limits are hurting us. STRIVE ACT and SKIL
Bill have provisions to raise the cap and we would like to support these
bills and the provisions.
High tech and health care are sectors where highly skilled immigrants
from all over the world are attracted to and want to contribute in the
best ways we can to pursue our American dream. We would like to contribute
to the growth and development of America in the best possible way. Please
support us and help us in our cause.
Sincerely,
XXXXXXXXXXX
718XXXXXXXX
I Used their tool but sent the folllowing message
Greetings. My name is XXXXXXXXXXXXX. I
am a citizen of India and have been living in the United States for close
to 7 years on a H1b visa and work as a Senior Software Consultant catering
to various Ammerican clients and my employer is located in Irving, Texas.
My Green Card petition was filed by my employer under the EB2 category and
my I 140 petition has been approved, but I am unable to file for i485
(Adjustment of Status) because visa numbers are not available. My wife is
also on a H1b visa and is a first year resident physician at a Community
Hospital in Brooklyn, New York on a H1b visa.
Based on the fact that we have been law abiding tax paying legal
immigrants, we would like to reach out to you and let you know our issues.
Our main issue is career stagnation. Unavilability of visa number
(retrogression) locks us up with the same employer for years together and
does not allow us to grow careerwise and unable to make critical and life
decisions.
We duly understand that there is a 7% per country upper limit when
Visa numbers are allocated and the fact that India and China has been over
subscribed. These caps and limits are hurting us. STRIVE ACT and SKIL
Bill have provisions to raise the cap and we would like to support these
bills and the provisions.
High tech and health care are sectors where highly skilled immigrants
from all over the world are attracted to and want to contribute in the
best ways we can to pursue our American dream. We would like to contribute
to the growth and development of America in the best possible way. Please
support us and help us in our cause.
Sincerely,
XXXXXXXXXXX
718XXXXXXXX
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prem_goel
02-04 04:12 PM
Attorney's please advise. My sister has an active job offer where we would like to explore this opportunity if any of you can help us in handling it. I need to know if this is possible under the law and if you can help us? Please reply and I'll contact your office.
Much thanks in advance.
Much thanks in advance.
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mmrao2007
07-30 03:14 PM
I did not understand your answer.
How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
With the way things are going we never know :)
How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)
With the way things are going we never know :)
dehradoon
11-13 06:08 PM
ok. let's say I-140 approved and pass 180 days. the person is working using ac21 and ead with a new company. the person is travelling using AP , the old company withdraw I-140, will he be able to come back in the us ?
once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?
Dude, you really need to use the search feature on this forum. after I140 is approved and 485 pending for 180 days, the I140 stays in effect even if the company tried to revoke it.
Once you invoke AC21, it is not required (although suggested) to send papers to USCIS. I have read that you should not do anything until you get an RFE which I think is the best way, This makes sure that your case is being properly handled if you are unlucky enough to get an RFE. Y would anyone what to raise a flag by sending in paperwork to USCIS indicating the use of AC21, I personally know atleast 15 friends who have done this with out telling USCIS and have received their GC's
So, The bottom line is if -
I140 approved and 485 pending for more than 180.
START LIVING YOUR DREAM, DO WHAT YOU WANT TO DO. CHANGE YOUR JOB, GET A RAISE, OPEN A COMPANY, BUY A HOUSE .... WHATEVER, DON'T GET MARRIED - SHOULD HAVE DONE THAT WHILE YOU WERE ON H1
THE AC21 IS A LAW - USE IT, YOU DO NOT HAVE TO TELL ANYONE ABOUT USING A LAW UNLESS YOU HAVE TO JUSTIFY YOUR SITUATION IN FRONT OF AN AGENCY THAT REQUIRES YOU BY LAW TO PROVE IT.
OH! AND AS FAR AS TRAVEL IS CONCERNED, JUST HAVE THE DOCS IN HAND AND NOTHING ELSE MATTERS (don't commit a crime though, or be drunk in front of the immigration officer). LOL
once the person is working for the new company can he send the offer letter to avoid problem with 485. kinda of preemption - proactive approach or does the person needs to wait until ins request?
Dude, you really need to use the search feature on this forum. after I140 is approved and 485 pending for 180 days, the I140 stays in effect even if the company tried to revoke it.
Once you invoke AC21, it is not required (although suggested) to send papers to USCIS. I have read that you should not do anything until you get an RFE which I think is the best way, This makes sure that your case is being properly handled if you are unlucky enough to get an RFE. Y would anyone what to raise a flag by sending in paperwork to USCIS indicating the use of AC21, I personally know atleast 15 friends who have done this with out telling USCIS and have received their GC's
So, The bottom line is if -
I140 approved and 485 pending for more than 180.
START LIVING YOUR DREAM, DO WHAT YOU WANT TO DO. CHANGE YOUR JOB, GET A RAISE, OPEN A COMPANY, BUY A HOUSE .... WHATEVER, DON'T GET MARRIED - SHOULD HAVE DONE THAT WHILE YOU WERE ON H1
THE AC21 IS A LAW - USE IT, YOU DO NOT HAVE TO TELL ANYONE ABOUT USING A LAW UNLESS YOU HAVE TO JUSTIFY YOUR SITUATION IN FRONT OF AN AGENCY THAT REQUIRES YOU BY LAW TO PROVE IT.
OH! AND AS FAR AS TRAVEL IS CONCERNED, JUST HAVE THE DOCS IN HAND AND NOTHING ELSE MATTERS (don't commit a crime though, or be drunk in front of the immigration officer). LOL
kutra
07-21 04:04 PM
Why does USCIS want TB test done? Many countries like India have BCG vaccination administered at childhood thus preventing TB. However, such people will show a false positive if administered a skin test for TB.
This is causing many Indians to go for a chest xray. I feel this is a ridiculous requirement.
True, however...
USCIS SOP clearly states that a TB SKin test is required. Last year during the July fiasco, I remember Murthy had an article that said if you ONLY submit a chest x-ray, you will still get a RFE (despite chest x-ray being normal) for not performing the skin test.
Ironical, isn't it, how and why the IOs suddenly decide to go by the book! FIFIO is also a part of the SOP, but you know the rest... ...!
This is causing many Indians to go for a chest xray. I feel this is a ridiculous requirement.
True, however...
USCIS SOP clearly states that a TB SKin test is required. Last year during the July fiasco, I remember Murthy had an article that said if you ONLY submit a chest x-ray, you will still get a RFE (despite chest x-ray being normal) for not performing the skin test.
Ironical, isn't it, how and why the IOs suddenly decide to go by the book! FIFIO is also a part of the SOP, but you know the rest... ...!
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