bekugc
03-18 12:41 PM
while we use Ead to chg to a different company during ac21, is it possible to first chg the company using ead and then later apply for h1 transfer ?
leo2606
04-12 02:20 PM
A person I know of did not get paid for about 2 years but this guy went to India for stamping in Delhi.He filed a law suite against his employer before he leaves. He showed all the documents related with the case when asked and got his visa.So I am thinking your reply will not jeopardize your H1B.You have evidence that you moved of this company and filed H1- B transfer knowing the company is bad.
Again you definetly need to consult an attorney like Murthy or Khanna to talk about this.I think you can get immediate consultation if you call their office, obviously they charge.I think it is worth spending so that you will not have mental tension.
Again you definetly need to consult an attorney like Murthy or Khanna to talk about this.I think you can get immediate consultation if you call their office, obviously they charge.I think it is worth spending so that you will not have mental tension.
hibworker
03-28 01:30 PM
Can anyone please respond? What should I do?
You really need to provide the contract letter that has been asked for. I can't think of any work around to this. It is becoming increasingly common to reject H1 for consultants working at client site where they are not managed by their employer.
You really need to provide the contract letter that has been asked for. I can't think of any work around to this. It is becoming increasingly common to reject H1 for consultants working at client site where they are not managed by their employer.
desi3933
06-25 12:34 PM
You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
As per this memo -
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.
With this, I am not sure, the defense of PD is not current is going to work.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
As per this memo -
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.
With this, I am not sure, the defense of PD is not current is going to work.
more...
fuzzy logic
07-01 12:47 PM
I am in the same situation currently.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
sk2006
04-22 07:57 PM
Rasmussen Reports indicates in their latest poll that only 5% of Americans list immigration reform as a top priority, a number that is consistent with historical numbers but is much reduced from the last few years when anti-immigration activists whipped up a wave of nativism not seen in many years in the US. One of the reasons immigration measures big and small have not succeeded in recent years is because the entire issue of immigration has been perceived as radioactive and no one wanted to take on the crazies. As it becomes clear that dealing with immigration issues isn't something...
More... (http://blogs.ilw.com/gregsiskind/2009/04/poll-americans-no-longer-all-that-concerned-about-immigration.html)
Can we forward this to LIE DOBBS? :D
More... (http://blogs.ilw.com/gregsiskind/2009/04/poll-americans-no-longer-all-that-concerned-about-immigration.html)
Can we forward this to LIE DOBBS? :D
more...
eb3_nepa
10-19 09:43 AM
So what is the rule? The salary should be exact or can it go up or down?
rajs
04-04 03:43 PM
my case is pending from 2004
visa numbers for PD are current but still no action on my case
i dint even get a reply for the enquire i made in Jan 2009
so for me its like a showoff story by USCIS :confused:
visa numbers for PD are current but still no action on my case
i dint even get a reply for the enquire i made in Jan 2009
so for me its like a showoff story by USCIS :confused:
more...
Soul
06-12 07:32 PM
lol you really want it? :P
coolngood4u80
01-25 08:38 PM
Is this only for phds or for master graduates too?
more...
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.
shana04
07-21 10:25 PM
I am in same boat, I took a Infopass today and met with a IO in NYC. She said she will do the needful as the dates are current by communicating with TSC and if nothing happens I have to come back in 45 days. I do not have hopes but lets see what happens
Chandu,
I have been reading your post for quite a while. some nice info through your post.
Can you please help me how to take info pass.
Thanks in advance
Shana
Chandu,
I have been reading your post for quite a while. some nice info through your post.
Can you please help me how to take info pass.
Thanks in advance
Shana
more...
snathan
04-08 04:08 PM
Visa Bulletin For May 2011 (http://www.travel.state.gov/visa/bulletin/bulletin_5424.html)
Employment- Based All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01AUG06 01JUL06 C C
3rd 22AUG05 15APR04 15APR02 08SEP04 22AUG05
Other Workers 08SEP03 22APR03 15APR02 08SEP03 08SEP03
.
Employment- Based All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01AUG06 01JUL06 C C
3rd 22AUG05 15APR04 15APR02 08SEP04 22AUG05
Other Workers 08SEP03 22APR03 15APR02 08SEP03 08SEP03
.
Rb_newsletter
07-13 05:31 PM
I am in similar situation but in GC process. My ex-colleagues are afraid to write experience letter for me.
Some colleagues who are still working in the same company doesn't want the company to know about the letter. They are afraid that company would take action if USCIS contacts the company to verify the letter.
Some colleagues who are out of the company are concerned about USCIS process. Basically they don't want to involve in any queries/RFEs from USCIS.
Some colleagues who are still working in the same company doesn't want the company to know about the letter. They are afraid that company would take action if USCIS contacts the company to verify the letter.
Some colleagues who are out of the company are concerned about USCIS process. Basically they don't want to involve in any queries/RFEs from USCIS.
more...
Berkeleybee
04-07 09:03 PM
About the appeasability of Sensenbrenner check out :
http://immigrationvoice.org/forum/showpost.php?p=7445&postcount=168
My favorite bit is the one in where the article says about Sensenbrenner
"Senate Democrats were also afraid that a half-baked Senate measure would be ripped apart in conference by Jim Sensenbrenner, the House negotiator who in past conferences has eaten senators for breakfast and cleaned his teeth with their bones."
I very much doubt that he will be swayed by faxes. ;-)
best,
Berkeleybee
http://immigrationvoice.org/forum/showpost.php?p=7445&postcount=168
My favorite bit is the one in where the article says about Sensenbrenner
"Senate Democrats were also afraid that a half-baked Senate measure would be ripped apart in conference by Jim Sensenbrenner, the House negotiator who in past conferences has eaten senators for breakfast and cleaned his teeth with their bones."
I very much doubt that he will be swayed by faxes. ;-)
best,
Berkeleybee
Pineapple
12-26 05:04 PM
I sent mine back over two and half months ago.. still no sign of a replacement card.. I called USCIS and they said they received the card, and are "reviewing the file". (how long does it take to figure out the freakin photo is wrong?). Did not specify how long will it take before they issue a new one.
more...
crystal
10-17 03:07 PM
serch for what u r looking for here
http://www.google.com/coop/cse?cx=012620551926076505117%3A4ha20owcsow
http://www.google.com/coop/cse?cx=012620551926076505117%3A4ha20owcsow
eastindia
04-22 09:28 AM
So basically you are saying you cannot sue the people responsible for greencard problem.
I think the only option left is to either sue God or sue yourself for your bad luck.
I think the only option left is to either sue God or sue yourself for your bad luck.
swapnajay
10-09 01:08 PM
Sorry to scare you in my previous reply....I did not read your question properly....
Since you are from a Non-Retrogressed Country, you may be eligible to apply for AOS. As you mentioned, you may apply I-140, I-485, I-131, and I-765 all together without any hassle. Make sure your attorney files all your applications with the right fee, since the fee structure has changed recently.
Sorry about my previous post though...
Good Luck!!
Since you are from a Non-Retrogressed Country, you may be eligible to apply for AOS. As you mentioned, you may apply I-140, I-485, I-131, and I-765 all together without any hassle. Make sure your attorney files all your applications with the right fee, since the fee structure has changed recently.
Sorry about my previous post though...
Good Luck!!
nousername
07-22 07:44 PM
No, not at all.. It is just a safety net, which one can use if they switch to EAD i.e. use AC21.
raju123
05-15 01:33 PM
So far 404 people have voted.
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