americandesi
07-11 02:13 PM
Dear Friends, I had it... I am moving to Canada in the next 2 months to work for guess who? Microsoft. Came to USA in 1997 for my masters, worked at Legato, Documentum and Opentext. Had to restart my GC twrice, once as the company laid me off and next for career progression. GC is still years years away. Interviewed with MSFT last month and got an offer to work in their Enterprise Collaboration team. MSFT looked at the visa mess I was in and offered me to work in Vancouver. I get my Canadian GC in 6 months and my wife can work from day one. I am abandoning my US dream for good;guess I would be satisfied with touching my 4 year old son's American passport.
I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.
I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.
You need not give up your American Dream. Once you get your Canadian Citizenship, you can work in US indefinetly with TN visa.
I worked for a canadian company in US and now would be working for a US company in Canada. This is globalization. True Globalization. Any for those whiners belonging to IEEE and its propoganda machine, I would like to mention that I drew salries which were above way above the norm. I am sure I would be drawing more than 2 of his programmers combined. Ron- ask your folks to learn to compete and update their skills. They probably studied studied 'history of mathematics' as a math subject in high school instead of calculus. They were happy that they had the coolest Nintendo games while many like me were burning the midnight old figuring out data structures at Berkeley.
I hope Berney Sanders and his club of the CIR days are hearing the developments. Berney, fix the broken education system for job protection rather than building fences to prevent legal workers to come to this gifted country. More companies will leave for nearshore if the mess continues. Fix the system by closing the H1B loopholes that a small percentage of companies are exploiting. Don't bad mouth the H1B system which has given you so much talent that you could have never groomed, the talented individuals who have contributed to the society, social security system and what not. Patch the holes in the fence, do not erect a higher fence for which people need to pay $ 5000 to cross. And by the way if you have the inclination and the time- fix the broken LEGAL High Skilled immigration system.
You need not give up your American Dream. Once you get your Canadian Citizenship, you can work in US indefinetly with TN visa.
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Administrator2
09-23 10:28 AM
We believe that this is a great idea to address our issues and at the same time allows us to do our share in the time of crisis. Please send the personalized email communication ASAP as the key lawmakers are in the process of discussing possible package to address the economic/housing crisis.
Even if this is not designed to directly help your situation, please understand that if such a proposal is accepted, it will make most green card applicants exempt which will free up visa numbers for those who do not want to seek such an exemption. So it is a win-win situation for all. Kindly send communications ASAP.
Thanks,
Even if this is not designed to directly help your situation, please understand that if such a proposal is accepted, it will make most green card applicants exempt which will free up visa numbers for those who do not want to seek such an exemption. So it is a win-win situation for all. Kindly send communications ASAP.
Thanks,
mbawa2574
02-15 07:18 PM
That's taking it a bit too far, I might disagree on most of the things ROW people say but I am not here to make enemies. I have waited and I do not want others also to wait, I just want everybody (including ROW people) to get out of this mess as fast as possible.
IV stands for unity . Discriminatory laws that make ROW vs MICP should be teared down. IV represents all nationalities. That's what makes America "Melting Pot". I am happy for people whose dates moved. Let's play together and make this system work for every skilled immigrant who goes through this GC process.
IV stands for unity . Discriminatory laws that make ROW vs MICP should be teared down. IV represents all nationalities. That's what makes America "Melting Pot". I am happy for people whose dates moved. Let's play together and make this system work for every skilled immigrant who goes through this GC process.
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gc_on_demand
09-17 11:24 AM
On a ballpark, EB2-I has demand for about 50K immigrant visa numbers. Last year we got 25K. I am assuming we are going to get the same number this year too. So that cleared entire 2004.
Next year the situation may be different, because demand from other countries is less, So we could see a bigger leap and might put us in early 2006 by end of FY10. FY11 may not be that nice when economy starts improving. We could be back to square one.
Bottomline, Without a recapture, EB2I/C will not make much progress. EB3-Worldwide is only a place holder in the very long line.
IV members need to concentrate on the recapture, filing AOS after I140 is approved, visa stamping within USA to make our life easy.
Only thing we can do is grassroots advocacy. Which may take few years... I don't have hope that in CIR we will be huge getting benefits ( Because of Antis and Some Dems like Senator Durbin ). Also Chances of any piecemeal is very less because of Hispanic caucus.
Only thing left is Administrative fixes. who can give us temp relief. Like Mr Bush did for TN visas.
Next year the situation may be different, because demand from other countries is less, So we could see a bigger leap and might put us in early 2006 by end of FY10. FY11 may not be that nice when economy starts improving. We could be back to square one.
Bottomline, Without a recapture, EB2I/C will not make much progress. EB3-Worldwide is only a place holder in the very long line.
IV members need to concentrate on the recapture, filing AOS after I140 is approved, visa stamping within USA to make our life easy.
Only thing we can do is grassroots advocacy. Which may take few years... I don't have hope that in CIR we will be huge getting benefits ( Because of Antis and Some Dems like Senator Durbin ). Also Chances of any piecemeal is very less because of Hispanic caucus.
Only thing left is Administrative fixes. who can give us temp relief. Like Mr Bush did for TN visas.
more...
qualified_trash
10-23 03:23 PM
Thanks eb3India.
How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?
I was reading a lot about the controversy about why it should be stopped etc so i was wondering if someone had any documentation on why it was started in the first place and how it works
Thanks
a company that has had the LC approved can reuse it for someone else. that is all!!
How does the current company obtain a pre-approved labor? Does it buy the pre-app labour? Or is it SOLELY because someone in the company left (whose labor was approved)?
I was reading a lot about the controversy about why it should be stopped etc so i was wondering if someone had any documentation on why it was started in the first place and how it works
Thanks
a company that has had the LC approved can reuse it for someone else. that is all!!
GCnew
02-13 06:04 PM
Count me in. I am willing to contribute for the lawyer's fee and if we go forward with the lawsuit, I am willing to share the cost.
So I haven't supported any initiative because I don't think anything other than fear of a lawsuit will trigger a change.
So I haven't supported any initiative because I don't think anything other than fear of a lawsuit will trigger a change.
more...
amsgc
07-04 11:42 AM
My suggestions:
"Door slams shut for highly skilled LEGAL immigrants in the US"
"US closes the door for highly skilled LEGAL immigrants"
"US isolates highly skilled legal immigrants"
"Broken Legal immigration system harmful to US competitiveness"
"Legal Immigration system in shambles"
"Flip-Flop: DOS & USCIS in cahoots?"
"Door slams shut for highly skilled LEGAL immigrants in the US"
"US closes the door for highly skilled LEGAL immigrants"
"US isolates highly skilled legal immigrants"
"Broken Legal immigration system harmful to US competitiveness"
"Legal Immigration system in shambles"
"Flip-Flop: DOS & USCIS in cahoots?"
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hydboy77
09-23 06:13 PM
The only missing information to give an almost 90% accurate prediction of the visa bulletin movement are
1. Will DOS do spillover every quarter or only once every year?
2. What would be the number of eb2 and eb1 visa demand from ROW from October 2009 to September 2010?
the answer to question 2 can be obtained by getting the number of pending PERM Eb2 petitions with DOL, if we get the answer to question 1 from DOS then we can predict the visa bulletin with almost 90% + accuracy.
I don’t think DOS will do a quarter spillover. If DOS does not do a quarter spillover then it will disastrous for EB2 India because if DOL releases a ton of pending EB2 ROW perm applications they have been holding up for over an year in June-July-august 2010 time then DOS might not do a spillover at all for Eb2 India.
Thanks Sachug22.
Dec 2009 Visa Bulletin & Jan 2010 Visa Bulletin should give us clear picture about EB2 - I forward movement (if USCIS does spill over every Quarter this fiscal year - Most likely I expect the spill over to occur every Quarter this fiscal year).
Other important indicator would be the spillover received by Eb2 - I till Sep 2009. If spillover is more(clearing majority of 2004 - Jan 2005 cases) that would be the best case scenario.
Overall things look very positive.
1. Will DOS do spillover every quarter or only once every year?
2. What would be the number of eb2 and eb1 visa demand from ROW from October 2009 to September 2010?
the answer to question 2 can be obtained by getting the number of pending PERM Eb2 petitions with DOL, if we get the answer to question 1 from DOS then we can predict the visa bulletin with almost 90% + accuracy.
I don’t think DOS will do a quarter spillover. If DOS does not do a quarter spillover then it will disastrous for EB2 India because if DOL releases a ton of pending EB2 ROW perm applications they have been holding up for over an year in June-July-august 2010 time then DOS might not do a spillover at all for Eb2 India.
Thanks Sachug22.
Dec 2009 Visa Bulletin & Jan 2010 Visa Bulletin should give us clear picture about EB2 - I forward movement (if USCIS does spill over every Quarter this fiscal year - Most likely I expect the spill over to occur every Quarter this fiscal year).
Other important indicator would be the spillover received by Eb2 - I till Sep 2009. If spillover is more(clearing majority of 2004 - Jan 2005 cases) that would be the best case scenario.
Overall things look very positive.
more...
johnamit
07-12 04:11 PM
I always has that question what is the real difference, hear people sayinig more taxes less salary and all that but don't know the actual difference yet.
Will appreciate if someone can shed more light or post a link.
Every time I hear "Canadian taxes are so much higher", I respond back with "really ? how much are you paying a month for health insurance?". I suggest a typical breadwinner with spouse + 2 dependents is probably paying $500 / mo + in health insurance premiums. Add that $6K / yr to your US tax bill, then compare it to your Canadian tax bill. ;)
- GS
Will appreciate if someone can shed more light or post a link.
Every time I hear "Canadian taxes are so much higher", I respond back with "really ? how much are you paying a month for health insurance?". I suggest a typical breadwinner with spouse + 2 dependents is probably paying $500 / mo + in health insurance premiums. Add that $6K / yr to your US tax bill, then compare it to your Canadian tax bill. ;)
- GS
hair Line-up /
eb3India
10-23 02:02 PM
as name suggests, you find a company with a already approved labour, they will apply your 1-140 with that labour, if you I-140 is approved you get to keep his PD and get a free ride,
while myself, has to wait 2 years for labour and another few years till my PD becomes current
in labor sub case, if one can find approved labour before 2001 (if you happen to be from India). you can get 1140 approval and apply for 485 if you everthing goes well you have your GC in 6-12 months
and did I mention this perfectly legal.
lot of guys cry sour grape about labour sub. if you ask me, if you have opporunity use it, I would
while myself, has to wait 2 years for labour and another few years till my PD becomes current
in labor sub case, if one can find approved labour before 2001 (if you happen to be from India). you can get 1140 approval and apply for 485 if you everthing goes well you have your GC in 6-12 months
and did I mention this perfectly legal.
lot of guys cry sour grape about labour sub. if you ask me, if you have opporunity use it, I would
more...
ArkBird
04-01 02:56 AM
Here are some of the debacle of Nehru. Some are STILL hunting us and world today.
1. Choosing self over country (see "Sardar" movie for more details. All of congress wanted Sardar Patel as PM but Nehru insisted on him being PM. Can you imagine country today if Sardar Patel would have been the first PM of India?)
2. His promise to hold public referendum in J&K under UN. Why should we invite UN for our internal matter?? Specially when the king of Kashmir has signed union with India himself.
3. 1962 debacle. Though may not be a big deal to some people, it gave unrepairable scare which will hunt us and our army for decades to come.
It is true everyone has made some sacrifices but consider if India were not a free country and if Nehru and others like Mahatma Gandhi didn't dedicate themselves to the cause of nation then would we be better off today? We failed to carry the torch left by them for us.
Has anyone asked them to vote for Nehru dynasty after the blunders? Didnt anyone see it coming? Building society is everyone's responsibility. Not just Nehru or his children's.
This is like saying we wasted one spot in Indian cricket team on Sachin Tendulkar when he scored 0 in some matches or didnt win a match for India.
It is team work and collective responsibility that will make this country prosper. Blaming some person by saying all his fault and we are here because he screwed us is not the right thing to do. It just finds a scapegoat and does not solve the problem. We should learn from the mistakes the country has made and learn from them and move forward.
1. Choosing self over country (see "Sardar" movie for more details. All of congress wanted Sardar Patel as PM but Nehru insisted on him being PM. Can you imagine country today if Sardar Patel would have been the first PM of India?)
2. His promise to hold public referendum in J&K under UN. Why should we invite UN for our internal matter?? Specially when the king of Kashmir has signed union with India himself.
3. 1962 debacle. Though may not be a big deal to some people, it gave unrepairable scare which will hunt us and our army for decades to come.
It is true everyone has made some sacrifices but consider if India were not a free country and if Nehru and others like Mahatma Gandhi didn't dedicate themselves to the cause of nation then would we be better off today? We failed to carry the torch left by them for us.
Has anyone asked them to vote for Nehru dynasty after the blunders? Didnt anyone see it coming? Building society is everyone's responsibility. Not just Nehru or his children's.
This is like saying we wasted one spot in Indian cricket team on Sachin Tendulkar when he scored 0 in some matches or didnt win a match for India.
It is team work and collective responsibility that will make this country prosper. Blaming some person by saying all his fault and we are here because he screwed us is not the right thing to do. It just finds a scapegoat and does not solve the problem. We should learn from the mistakes the country has made and learn from them and move forward.
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navin80
07-21 10:31 AM
Company A applied for labor(EB2) in Dec2006. It was approved.
My I140 was filed in March 2007 and approved on Jan 10 2008.
I did not file for I485 in August last year.
I had changed companies in April 2007.Presenly I am on Company B payroll.
Now, If I move back to Company A, would I be able to apply for my I485 when the date opens.
The online status for I140 says, Approved.
I am in good terms with both the employers.
If I move to company A; at the time of applying I485, do I need to have paystubs from Company A?
Please help. Thanks.
My I140 was filed in March 2007 and approved on Jan 10 2008.
I did not file for I485 in August last year.
I had changed companies in April 2007.Presenly I am on Company B payroll.
Now, If I move back to Company A, would I be able to apply for my I485 when the date opens.
The online status for I140 says, Approved.
I am in good terms with both the employers.
If I move to company A; at the time of applying I485, do I need to have paystubs from Company A?
Please help. Thanks.
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tikka
07-03 11:38 PM
Digged , Thanks admins for all these, I really appreciate your hardwork. I want to call senator/Rep in PA, Any contacts of them..
this might help
http://www.senate.gov/
thank you for digging
this might help
http://www.senate.gov/
thank you for digging
tattoo By Ben Kaye on June 1st, 2011
lazycis
02-13 09:06 AM
I agree that quota system is cumbersome. It would've been much easier just to have one bucket. But I fail to see how it is discriminatory when every coutry gets an equal piece of the pie. It is a classic supply and demand issue, but it's not a discrimination. Consider also the fact that GC is a grace not a right. "Is it not lawful for me to do what I will with mine own?"
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Kodi
05-25 12:21 PM
At what stage do you have to prove funds? Is it in the form of bank statements?
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GCVictim
08-25 04:14 PM
Dear Immigration Attorney,
My wife went India with her existing AP (not shown at airport), She already applied AP renewal before she leaves country. Can she come back to US using her new (renewed) AP? i.e. If I mailed that renewed approved AP to India,will she come back (carry) with that renewed approved AP.
If she comes with renewed AP, Will that effect anything with I-485 file?
My wife went India with her existing AP (not shown at airport), She already applied AP renewal before she leaves country. Can she come back to US using her new (renewed) AP? i.e. If I mailed that renewed approved AP to India,will she come back (carry) with that renewed approved AP.
If she comes with renewed AP, Will that effect anything with I-485 file?
more...
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minimalist
05-11 10:23 PM
As a person you are offended that I made comment based on what you said in one post without considering your whole lifestory. India's history is out there for everybody to see and most educated indians know pretty well what kind of a nation India is.
However, you managed to compare India with Nazi Germany. Great job. Based on 1 incident, you managed to slam a great nation like India. But when it comes to you you want many factors considered. Why the double standard?
Then there are some wacko job politician from TN that says if Prabhakaran is hurt , they will separate from India. All they need is read back to early years of post independence India and a person named Vallabh Bhai Patel. There are still people with similar capacity in India, that will bring such wacko jobs and their supporters in control.
Remember, same goes true for the wacko jobs from Maharashtra too who say Maharashtra is for Marathi's.
Don't compare 1971 Bangladesh with current day Srilanka, if you can think straight.
Flag burnig is a criminal offense in India, just FYI.
Technically I can change my country of citizenship any number of times in my life (cannot, if struck like this GC limbo) or even religion but I cannot change my ethnicity even once because I'm born into it.
I agree Sri Lanka is a sovereign country but why did India poke its nose on the pre-1971 Pakistan and created a new country Bangladesh. Is there a different standard for different people with the Indian govt policies?
Even If I had not got the opportunity to come this great nation United States of America, land of free and country of brave, I would have done whatever I could in India to help the beleaguered Sri Lankan Tamils and protested against the policies of Govt of India toward this issue.
I�m upfront about showing my resentment towards my country of birth and I �don�t show false patriotism/nationalism towards India like other Pseudo-Nationalists, who internally betray India at any moment and ready to change their nationality at the next opportunity but externally portray that they are the guardian of India and it is their soul. I currently live in a country, where even burning the national flag is considered a form of protest, if someone thinks that expressing resentment to India or protesting against her policy is unpatriotic, grow up guys.
You can say whatever you want and judge me in your point of view, I�m not going to argue about it because you don�t live a life of a Indian Tamil with hands tied of being called a terrorist, when you support Sri Lankan Tamil cause, and you cannot understand the relationship we (Tamils from India) have with the Sri Lankan Tamils, besides the people (including small babies and even some in the womb), who are getting killed in Sri Lanka by the Sri Lankan government are not your kith and kin.
You don�t know me, and you don�t know what positive things me and my family has done and doing to the people of India, particularly to the farming community and you don�t know what I�m doing to rectifying issues (whatever I�m working on)�..you should be careful when making these kind of statements on person you don�t know anything about except one comment on this thread.
However, you managed to compare India with Nazi Germany. Great job. Based on 1 incident, you managed to slam a great nation like India. But when it comes to you you want many factors considered. Why the double standard?
Then there are some wacko job politician from TN that says if Prabhakaran is hurt , they will separate from India. All they need is read back to early years of post independence India and a person named Vallabh Bhai Patel. There are still people with similar capacity in India, that will bring such wacko jobs and their supporters in control.
Remember, same goes true for the wacko jobs from Maharashtra too who say Maharashtra is for Marathi's.
Don't compare 1971 Bangladesh with current day Srilanka, if you can think straight.
Flag burnig is a criminal offense in India, just FYI.
Technically I can change my country of citizenship any number of times in my life (cannot, if struck like this GC limbo) or even religion but I cannot change my ethnicity even once because I'm born into it.
I agree Sri Lanka is a sovereign country but why did India poke its nose on the pre-1971 Pakistan and created a new country Bangladesh. Is there a different standard for different people with the Indian govt policies?
Even If I had not got the opportunity to come this great nation United States of America, land of free and country of brave, I would have done whatever I could in India to help the beleaguered Sri Lankan Tamils and protested against the policies of Govt of India toward this issue.
I�m upfront about showing my resentment towards my country of birth and I �don�t show false patriotism/nationalism towards India like other Pseudo-Nationalists, who internally betray India at any moment and ready to change their nationality at the next opportunity but externally portray that they are the guardian of India and it is their soul. I currently live in a country, where even burning the national flag is considered a form of protest, if someone thinks that expressing resentment to India or protesting against her policy is unpatriotic, grow up guys.
You can say whatever you want and judge me in your point of view, I�m not going to argue about it because you don�t live a life of a Indian Tamil with hands tied of being called a terrorist, when you support Sri Lankan Tamil cause, and you cannot understand the relationship we (Tamils from India) have with the Sri Lankan Tamils, besides the people (including small babies and even some in the womb), who are getting killed in Sri Lanka by the Sri Lankan government are not your kith and kin.
You don�t know me, and you don�t know what positive things me and my family has done and doing to the people of India, particularly to the farming community and you don�t know what I�m doing to rectifying issues (whatever I�m working on)�..you should be careful when making these kind of statements on person you don�t know anything about except one comment on this thread.
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kuhelica2000
02-15 04:47 PM
Dingudi,
I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.
I am an Indian and also came as a student giving GRE/TOEFL. So do not generalize that IT workers from India came here via L1/B1 route. Some of them did but some did not. I know lot of Indian who came here to study.
If India is producing more people qualified in these skills then its not their fault.
I didn't generalize. I said preponderence meaning "a lot of" cases with L1/B1/H1 and I am also not denying the fact the India is doing a great job in producing IT skills in great numbers. I am saying how they end up in America in greater numbers than any other country. China, Pakistan, Israel also produces lots of IT gradutes but they don't have the bodyshop connection to land here with an NIIT certificate.
I am an Indian and also came as a student giving GRE/TOEFL. So do not generalize that IT workers from India came here via L1/B1 route. Some of them did but some did not. I know lot of Indian who came here to study.
If India is producing more people qualified in these skills then its not their fault.
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immigrationvoice1
02-15 04:45 PM
Talking about diversity, those not familiar should take a look at an Indian currency note.
Maybe someone can scan and post one, I don't have any Indian note with me. You will see around 20+ languages on it. You can tell its different languages because they use different script unlike say German and French (except for the accents/umlaut). Actually the number of languages are much more than shown on the notes. For whatever reason AFAIK only languages with distinct script are classified as languages in India, others are called dialects. These dialects are actually languages because they are not dialects of anything (For example in this definition, lot of European languages will be classified as a single language because they use Latin script).
The point is unlike what outsider might think there is as much if not more cultural, ethnic, linguistic differences between a Gujarati and a Tamil Indian as between a German and a Portuguese European.
So how much favor I will carry with a Malayali (no disrespect to anyone from Kerala) is debatable.
....completely!
Maybe someone can scan and post one, I don't have any Indian note with me. You will see around 20+ languages on it. You can tell its different languages because they use different script unlike say German and French (except for the accents/umlaut). Actually the number of languages are much more than shown on the notes. For whatever reason AFAIK only languages with distinct script are classified as languages in India, others are called dialects. These dialects are actually languages because they are not dialects of anything (For example in this definition, lot of European languages will be classified as a single language because they use Latin script).
The point is unlike what outsider might think there is as much if not more cultural, ethnic, linguistic differences between a Gujarati and a Tamil Indian as between a German and a Portuguese European.
So how much favor I will carry with a Malayali (no disrespect to anyone from Kerala) is debatable.
....completely!
inthehole
07-21 09:54 PM
I apologize if this question has been answered before.
I changed employer "A" after 8 years and joined employer "B" last month.
I have LCA approval copy,I140 approval copy and I485 receipt notice copy. I never had access to my employer A's attorney before and the attorney cannot & will not talk to me now.
Now I am with employer "B" using my EAD. Since all the queries or any RFE's would still go to my previous employer's attorney, I would like to file a change of representation G-28 with a new attorney so that I can receive any future communication from USCIS.
But few attorneys I contacted are asking me for my LCA papers from my employer "A" to get my job description. My employer A will not give it to me.
Also they are insisting that I must send a AC21 portability letter to USCIS on behalf of my new employer B. My new employer B is a big multinational company with heavy Bureaucracy and does not understand AC21 law. As long as I have an EAD, I will be employed by employer "B".
Even though I understand the reasons behind the attorney's suggestions, my question is
1. Can't I just file the Change of Representation G-28 form to make sure that I receive any future communication from USCIS and respond to the same or similar job question if I get an RFE?.
2. Also am I or my new employer B breaking any laws by not sending the AC21 portability letter to USCIS?
(my I140 is approved on 2005 and will not be revoked by my ex employer. Changed job after more than 200 days since I filed my I485)
Thank you.
I changed employer "A" after 8 years and joined employer "B" last month.
I have LCA approval copy,I140 approval copy and I485 receipt notice copy. I never had access to my employer A's attorney before and the attorney cannot & will not talk to me now.
Now I am with employer "B" using my EAD. Since all the queries or any RFE's would still go to my previous employer's attorney, I would like to file a change of representation G-28 with a new attorney so that I can receive any future communication from USCIS.
But few attorneys I contacted are asking me for my LCA papers from my employer "A" to get my job description. My employer A will not give it to me.
Also they are insisting that I must send a AC21 portability letter to USCIS on behalf of my new employer B. My new employer B is a big multinational company with heavy Bureaucracy and does not understand AC21 law. As long as I have an EAD, I will be employed by employer "B".
Even though I understand the reasons behind the attorney's suggestions, my question is
1. Can't I just file the Change of Representation G-28 form to make sure that I receive any future communication from USCIS and respond to the same or similar job question if I get an RFE?.
2. Also am I or my new employer B breaking any laws by not sending the AC21 portability letter to USCIS?
(my I140 is approved on 2005 and will not be revoked by my ex employer. Changed job after more than 200 days since I filed my I485)
Thank you.
saileshdude
07-06 02:28 PM
Hello,
This is the question for the attorney. I have been laid off and my company is going to revoke my I-140 within 30 days. My I-140 was approved in 2006 and I485 applied last July 2007. My questions are
1) what is the current trend if I1-40 is revoked . Does uscis send an RFE or NOID or a direct denial for I-485. How long does it take for revocation once employer submits. If I am not able to find a job before this happens will it impact my I485 application.
2) If I am able to find a job and transfer H1 to employer B before I-140 from company A is revoked and then if again I have to switch jobs to say employer C , can I get extension of H1 just based on pending I-485 even though underlying I-140 is revoked considering I am porting using AC21.
This is the question for the attorney. I have been laid off and my company is going to revoke my I-140 within 30 days. My I-140 was approved in 2006 and I485 applied last July 2007. My questions are
1) what is the current trend if I1-40 is revoked . Does uscis send an RFE or NOID or a direct denial for I-485. How long does it take for revocation once employer submits. If I am not able to find a job before this happens will it impact my I485 application.
2) If I am able to find a job and transfer H1 to employer B before I-140 from company A is revoked and then if again I have to switch jobs to say employer C , can I get extension of H1 just based on pending I-485 even though underlying I-140 is revoked considering I am porting using AC21.
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