wahwah
06-05 11:04 AM
What is the effectivity date of this memo?
May 30th or June 1st?
I think for few people this might be bad news. Some people changed their job without I-140 being approved. Sorry guys...i used AC21 but i have approved I-140.
May 30th or June 1st?
I think for few people this might be bad news. Some people changed their job without I-140 being approved. Sorry guys...i used AC21 but i have approved I-140.
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gdilla
07-27 01:34 PM
They've already said to give them until Aug 1st for June filers. Then they will focus on July filers. Simple as that. If your checks aren't cashed by Aug 1/2 for a June filer, then perhaps you have reason to call. If your checks are cashed, then YOU'RE IN, no need to call. Whatever you need is in the mail. If you don't get it by frst week of august, then call.
That was before their newly found 'effeciency'...
more recently, they took 2 days (not even working days) to APPROVE 25000 AOS applications, how hard do you think it is for them to issue receipts ? :)
That was before their newly found 'effeciency'...
more recently, they took 2 days (not even working days) to APPROVE 25000 AOS applications, how hard do you think it is for them to issue receipts ? :)
nixstor
11-16 02:59 PM
but isnt this the reason for LC advertising? That is, if a USC or permanent resident applies he should be given preference over an immigrant. By that rationale I am not so sure it is illegal.
Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will alwyas be a staement that says submission of this info is voluntary). t
They cannot ask it if it is illegal, and clearly this information is used in the employment process.
So, I am not so sure this is illegal.
I am pretty sure that discriminating on nationality is illegal, but that is different
Yes! An employer can chose not to sponsor a H1B and hire a USC or GC holder for various reasons (for examples companies dont hire H1b's for positions when they are laying off ). AFAIK, EEO doesnt consider a H1B applicant in the aspect you are talking. When EEO talks about National Origin, it is talking about any discrimination faced by you in case if you are denied a job given that you are Indian/Chinese/whatever.
Also, many large companies, when applying for jobs on their websites, mandatorily require you to state your visa status. While self-identification (race, sex) is always optional and cannot be required (by law, there will alwyas be a staement that says submission of this info is voluntary). t
They cannot ask it if it is illegal, and clearly this information is used in the employment process.
So, I am not so sure this is illegal.
I am pretty sure that discriminating on nationality is illegal, but that is different
Yes! An employer can chose not to sponsor a H1B and hire a USC or GC holder for various reasons (for examples companies dont hire H1b's for positions when they are laying off ). AFAIK, EEO doesnt consider a H1B applicant in the aspect you are talking. When EEO talks about National Origin, it is talking about any discrimination faced by you in case if you are denied a job given that you are Indian/Chinese/whatever.
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srarao
07-19 03:00 PM
Hey it will not be a problem.
I know who people who got green cards who were in this coutry during 2000-2001 time with out paystubs.
Don't worry too much. More over ur wife is a dependent on ur 485.
Don't worry and relax.
I know who people who got green cards who were in this coutry during 2000-2001 time with out paystubs.
Don't worry too much. More over ur wife is a dependent on ur 485.
Don't worry and relax.
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franklin
10-11 04:44 PM
Its not all about being Wise. I was stuck in a BEC for some time, but my company refused to refile under PERM for me.
Folks who missed the window - believe me, despite some insensitive remarks now, and in the past, IV is here for you and is working on your unfortunate predicament.
My best advice to those affected by the continuing BEC mire is to join your state chapter, make sure your voice is heard on a local, grassroots level.
Folks who missed the window - believe me, despite some insensitive remarks now, and in the past, IV is here for you and is working on your unfortunate predicament.
My best advice to those affected by the continuing BEC mire is to join your state chapter, make sure your voice is heard on a local, grassroots level.
alterego
12-06 11:10 PM
I am not sure why so many people so naively jump to the defence of India without looking at the context in which things are said.
Most Indians love India and that includes most NRIs. If there was any doubt just look at the support the NRI PAC gave in pushing the nuclear deal.
The main point here is that this thread was started on the premise that the negotiation of this deal to transfer social security payments was somehow good news for our money. I think one can disagree with this and still love India.
Frankly, if my choice was between foregoing the money here and that money going for something good such as infrastructure development in India, I and I am sure most Indians here will happily sign off on those funds.
Point however is I do not see it as good news for our social security money.
Most Indians love India and that includes most NRIs. If there was any doubt just look at the support the NRI PAC gave in pushing the nuclear deal.
The main point here is that this thread was started on the premise that the negotiation of this deal to transfer social security payments was somehow good news for our money. I think one can disagree with this and still love India.
Frankly, if my choice was between foregoing the money here and that money going for something good such as infrastructure development in India, I and I am sure most Indians here will happily sign off on those funds.
Point however is I do not see it as good news for our social security money.
more...
jonty_11
07-19 02:42 PM
as long as emplyer employee relatioship exists u r OK..
So if u can get a letter (if REF'ed upon) from ur employer(former) that u were on Leave/vacation or whatever, during that period....u should be fine.
Go to USCIS.gov and readup on H1B FAQ and u will see this statement: Dont ask for a link....research.
So if u can get a letter (if REF'ed upon) from ur employer(former) that u were on Leave/vacation or whatever, during that period....u should be fine.
Go to USCIS.gov and readup on H1B FAQ and u will see this statement: Dont ask for a link....research.
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buehler
06-19 06:28 PM
Ask your law firm why they are charging you so much. Below are the rates charged by my lawyer and should not be too different from what most of the others charge. If the lawyer doesn't answer, then show these numbers to your employer and lodge a strong protest with them.
Adjustment of Status
Principal applicant $1,000
Dependent applicant $500
Work Authorization Cards (each) $200
Advance Parole Travel Documents(each)$200
If you are working on an hourly basis, does your employer pay you when you're on the bench? If he doesn't, keep record of that and once you get your GC sue him over back wages and complain to DOL. These people don't deserve any thing better.
Adjustment of Status
Principal applicant $1,000
Dependent applicant $500
Work Authorization Cards (each) $200
Advance Parole Travel Documents(each)$200
If you are working on an hourly basis, does your employer pay you when you're on the bench? If he doesn't, keep record of that and once you get your GC sue him over back wages and complain to DOL. These people don't deserve any thing better.
more...
sai66
01-25 08:43 PM
Hi All,
I got my I-140 Approved in 2007 and I-485 applied in July Fiasco.(summary : 7 Hears H1 Completed, Substitution Labor, I-140 Approved and I-485 Applied > 180 Days).
Now I am getting a Full Time position in my client company. My Employer is saying I should not go otherwise he will revoke my I-140 and I don't know really what else can he do with my I-485 application. I really want to take that Full Time offer and apply for AC-21. But can anyone tell me that If after applying AC-21 and joining as full time in my client company(American Company) if my employer revokes I-140 or cancels I-485 what will be the effects on my GC application(I will be on EAD while joining this company).
I read somewhere that at that time I need to apply for MTR(Motion To Reopen) and I should not work until this MTR gets approved which might typically take 60 to 90 days. Is it true? Because if this is the case then I will lose my Full Time Job right because no company will not be willing to give 2-3 months off. Will my EAD and AP gets invalid at that point.
Even if my case gets denied after employer revokes I-140/I-485 then can I file for MTR and still work at the same time with out taking leave. Will the MTR be approved? I am looking at all possible solutions. If I cannot work during filing of my MTR then it doesn't make sense to take that full time offer and then my employer revokes I-140/I-485 and I will loose my status.
Since lot of folks who took Full Time offer are getting I-485 Denial notices instead of NOID so that was concerning me.
Please explain me in detail.
I got my I-140 Approved in 2007 and I-485 applied in July Fiasco.(summary : 7 Hears H1 Completed, Substitution Labor, I-140 Approved and I-485 Applied > 180 Days).
Now I am getting a Full Time position in my client company. My Employer is saying I should not go otherwise he will revoke my I-140 and I don't know really what else can he do with my I-485 application. I really want to take that Full Time offer and apply for AC-21. But can anyone tell me that If after applying AC-21 and joining as full time in my client company(American Company) if my employer revokes I-140 or cancels I-485 what will be the effects on my GC application(I will be on EAD while joining this company).
I read somewhere that at that time I need to apply for MTR(Motion To Reopen) and I should not work until this MTR gets approved which might typically take 60 to 90 days. Is it true? Because if this is the case then I will lose my Full Time Job right because no company will not be willing to give 2-3 months off. Will my EAD and AP gets invalid at that point.
Even if my case gets denied after employer revokes I-140/I-485 then can I file for MTR and still work at the same time with out taking leave. Will the MTR be approved? I am looking at all possible solutions. If I cannot work during filing of my MTR then it doesn't make sense to take that full time offer and then my employer revokes I-140/I-485 and I will loose my status.
Since lot of folks who took Full Time offer are getting I-485 Denial notices instead of NOID so that was concerning me.
Please explain me in detail.
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happystar
08-01 09:39 PM
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
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desi3933
02-19 02:14 PM
Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. Also with AMIETE.
Sheila -
Please refer to this pdf from CA web site
www.icai.org/resource_file/42prof.df.pdf
CA as well as ICWA are post high school (10+2) programs. Therefore they can not deemed as Master Degree level courses. In fact, I did my ICWA along with my graduation from IIT. Just because most people do it after BCom does not make it Masters level program.
In the case when/if USCIS determines CA India not to be of Masters level program, it can affect even the approved I-140 petitions.
__________________
Not a legal advice.
US Citizen of Indian Origin
Sheila -
You have not responded to my post so far.
How can CA/ICWA be equivalent to MS programs as they are post high school courses? These courses do not require graduation for admission.
Have a good day!
Sheila -
Please refer to this pdf from CA web site
www.icai.org/resource_file/42prof.df.pdf
CA as well as ICWA are post high school (10+2) programs. Therefore they can not deemed as Master Degree level courses. In fact, I did my ICWA along with my graduation from IIT. Just because most people do it after BCom does not make it Masters level program.
In the case when/if USCIS determines CA India not to be of Masters level program, it can affect even the approved I-140 petitions.
__________________
Not a legal advice.
US Citizen of Indian Origin
Sheila -
You have not responded to my post so far.
How can CA/ICWA be equivalent to MS programs as they are post high school courses? These courses do not require graduation for admission.
Have a good day!
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WeShallOvercome
09-10 11:46 AM
This is what I got from 4 separate lawyers when I was invoking AC-21. I think everybody should speak to a lawyer before invoking AC-21.
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju,
Is there any basis your thoughts are coming from? And what is the 'deveoping situation' you mentioned that would lead to an increased rate of rejection for AC21 cases.
I personally don't see anything like that provided you have completed 6 months AND your new job description is similar to the old one.
An increase in number of people invoking it should actually make AC21 a common and very popular choice and that should lead to low rate of denials as more and more officers will now be aware of the law ---(Again assuming you keep those 2 conditions in mind)
A lot of people out there think that after getting EAD one can invoke AC-21 to change to any job at any employer. This is not true. AC-21 is pretty complicated and I think that in the future, if there is no change in the law, a lot of 485 applications will be pending for 6-8 years or more. And for the duration of this period, a lot of people will invoke AC-21. I also think that the rate for rejection for number of AC-21 cases at USCIS will be higher. Nobody told me about the approximate wait time and rejection rate. It is just what I think based upon the developing situation.
Sanju,
Is there any basis your thoughts are coming from? And what is the 'deveoping situation' you mentioned that would lead to an increased rate of rejection for AC21 cases.
I personally don't see anything like that provided you have completed 6 months AND your new job description is similar to the old one.
An increase in number of people invoking it should actually make AC21 a common and very popular choice and that should lead to low rate of denials as more and more officers will now be aware of the law ---(Again assuming you keep those 2 conditions in mind)
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ckarri
07-02 04:08 PM
lawyer fee $1000
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INS fee $1490
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medical $600(for both of us)
INS fee $1490
Photos+Fedex charges +DOB Affidavits= $200
TOTAL $2290
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paskal
06-19 11:51 PM
I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
thanks for your opinions
Please consider joining this group
see link below
thanks for your opinions
Please consider joining this group
see link below
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sirinme
12-20 05:45 PM
The same memo also talks about AC21 - to me, it sounds like those who qualify under AC21 can also get 7th year extension even though they are currently not on H1-B status. Could someone please clarify if I can now "recapture" my now-long-gone-H1B based on this memo and the following information?
- I had a H1B visa, whose 6 year period was going to expire in Dec 2005.
- In Oct 2005, I changed to a different employer using AC21 & EAD. So the H1B became void at that time.
Now, under the clarification by this memo, can I apply for the 7th year extension of my old H1B and switch back to that (rather than using EAD to work in US)?
- I had a H1B visa, whose 6 year period was going to expire in Dec 2005.
- In Oct 2005, I changed to a different employer using AC21 & EAD. So the H1B became void at that time.
Now, under the clarification by this memo, can I apply for the 7th year extension of my old H1B and switch back to that (rather than using EAD to work in US)?
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red200
10-26 11:01 PM
there should not be a issue
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LostInGCProcess
12-21 05:25 PM
I think Meera Shankar needs to be fired. Its bloody 2010 and this is the kind of customer service the indian consulates provide - they dont pick up calls - it takes them a month to issue new passports - Always feel ashamed to be an indian any time I have to deal with these useless consulates.
The Houston consulate does not even have their address properly listed on their website.
This is what they have listed
1990, Post Oak Boulevard,
# 600, 3 Post Oak Central,
Houston TX 77056
So what is the correct address ?? Is it 1990 Post Oak Blvd or 3 Post Oak Central ?? Bunch of freaking idiots is what we have in all these US consulates.
You are absolutely right. I dealt with the Embassy of India, washington DC to get my daughters PIO card. Back then we were asked to send stamped return envelope. And guess what, they would call you and scold you for not sending the envelope and ask you to mail another MO for $20.00. That's soooo cheap and totally unethical and I felt ashamed that our Government employees are doing this on a foreign soil.
I dont understand from where they hire these goons to work at the consulates. Usually the ladies are very rough when they talk on the phone (well!! it may just be a coincidence).
I dont know why you have all the RED, eventhough you have spoken the truth.
Anyways, I gave you a GREEN !!!
Please post our Ambassador email if you get it.
The Houston consulate does not even have their address properly listed on their website.
This is what they have listed
1990, Post Oak Boulevard,
# 600, 3 Post Oak Central,
Houston TX 77056
So what is the correct address ?? Is it 1990 Post Oak Blvd or 3 Post Oak Central ?? Bunch of freaking idiots is what we have in all these US consulates.
You are absolutely right. I dealt with the Embassy of India, washington DC to get my daughters PIO card. Back then we were asked to send stamped return envelope. And guess what, they would call you and scold you for not sending the envelope and ask you to mail another MO for $20.00. That's soooo cheap and totally unethical and I felt ashamed that our Government employees are doing this on a foreign soil.
I dont understand from where they hire these goons to work at the consulates. Usually the ladies are very rough when they talk on the phone (well!! it may just be a coincidence).
I dont know why you have all the RED, eventhough you have spoken the truth.
Anyways, I gave you a GREEN !!!
Please post our Ambassador email if you get it.
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Raghunadh Polavarapu
07-22 06:36 PM
How long you have to work for your GC sponser after your GC: Atleast 10 Years:D:D:D
See the link http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/3305-changing-company-after-getting-green-card.html
See the link http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/3305-changing-company-after-getting-green-card.html
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Jimi_Hendrix
12-12 01:01 PM
In short they do not want us here.. they want to suck the money out of you, all the money you earned and saved.
Were you making sure that we are not disappointed? :)
Thanks for living upto the expectations buddy :D
Were you making sure that we are not disappointed? :)
Thanks for living upto the expectations buddy :D
diptam
08-15 03:37 PM
To
"Folks who are Re-Filing just out of anxiety",
Do you realize that this duplicate App is going to increase the turnaround from 90 to 120 days ?
Please put some thought man - USCIS clearly said that FEDEX/USPS signed receipt is acceptable proof for EAD/AP filing in one of the FAQ's so if its get rejected out of USCIS error you can refile later.
SuperUsers and Moderators - What is your take on this ??
Thanks,
Thanks doc for the prognosis. I have said this before and I will say it again that all this is USCIS fault. They are the ones who are taking 90 days to issue recipt notices. They are the ones who are not following FIFO in issuing recipt notices. They are the ones who said that they have processed all applications received before July 1 but have not cashed checks for my application which was mailed on June 11th.
On a lighter note what you are doing with those you tube videos is also OBSSESSIVE COMPULSIVE (DIS)ORDER except that it's for something good.
"Folks who are Re-Filing just out of anxiety",
Do you realize that this duplicate App is going to increase the turnaround from 90 to 120 days ?
Please put some thought man - USCIS clearly said that FEDEX/USPS signed receipt is acceptable proof for EAD/AP filing in one of the FAQ's so if its get rejected out of USCIS error you can refile later.
SuperUsers and Moderators - What is your take on this ??
Thanks,
Thanks doc for the prognosis. I have said this before and I will say it again that all this is USCIS fault. They are the ones who are taking 90 days to issue recipt notices. They are the ones who are not following FIFO in issuing recipt notices. They are the ones who said that they have processed all applications received before July 1 but have not cashed checks for my application which was mailed on June 11th.
On a lighter note what you are doing with those you tube videos is also OBSSESSIVE COMPULSIVE (DIS)ORDER except that it's for something good.
abused
11-28 04:33 PM
July 6th filer awaiting FP (no SR opened yet). My case has been transferred back and forth between Nebraska and California. I asked my lawyer - he advised me to "Sit tight as there is nothing that can be done except to wait for them to process my I140, I485, I765 and I131 applications."
So here I am, still being underpaid and abused by my current emloyer. ...waiting for the day that I can escape and get a better paying job and work in an employee-friendly environment.
So here I am, still being underpaid and abused by my current emloyer. ...waiting for the day that I can escape and get a better paying job and work in an employee-friendly environment.
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