reddymjm
04-17 03:48 PM
As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
If you have a copy of ur LC and I140 you are good to go. Any one can get a 3 year extension on an approved I140. If the rule comes in that you should use ur labor within 45 days of approval. There is nothing ur employer can do to you. If you do not have a copy try getting a copy of your labor and I140.
I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
If you have a copy of ur LC and I140 you are good to go. Any one can get a 3 year extension on an approved I140. If the rule comes in that you should use ur labor within 45 days of approval. There is nothing ur employer can do to you. If you do not have a copy try getting a copy of your labor and I140.
bb8185
06-05 10:54 AM
You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."
Elaine, many thanks for taking the time to be on this forum.
Can I clarify a point, if someone is laid off whilst their 485 AOS is pending, would they still be 'in status'...and if so, for how long, and at what point do they need to provide 'proof' of a future role.
Many thanks again
Elaine, many thanks for taking the time to be on this forum.
Can I clarify a point, if someone is laid off whilst their 485 AOS is pending, would they still be 'in status'...and if so, for how long, and at what point do they need to provide 'proof' of a future role.
Many thanks again
optimist578
04-30 10:43 AM
You are there for a long wait..mine was filed in dec and still pending.
My receipt date was 1st Dec and I got approval notice on April 25th.
My receipt date was 1st Dec and I got approval notice on April 25th.
pappu
07-30 09:08 AM
I decided to write this post after seeing a comment ‘there is no IV core per se’ on another thread by a member and also seeing how people ask questions during these calls.
I have been in a couple of calls in the past and have more or less decided to stay away from them. Here are some of my reasons:
Most callers come to these calls to ask questions on their own personal case and think as if Ombudsman office will solve their problem in the call. This does not happen. They are always asked to contact the office using a form if they want any answer about their own case. Even the callers waiting for their turn to ask questions do not take the clue and still continue to ask questions about their case status and get the same standard answers. This in my opinion is a waste of time and opportunity our community gets to interface with Obudsman’s office.
In the past the call topics were very different from the questions asked and people never cared to stay within the agenda. Even in yesterday’s call, how many of us really read the Ombudsman’s 2008 report before going to the call and asked questions about the report , discussed inefficiencies in the system and asked progress on the steps being taken to improve them?
If most of the call time is wasted in individual case questions and standard responses, we will never get a chance to fix the system and help ourselves and everyone. The community needs to rise above their own selfish interests and think as a community. IV core has always put community’s interest before their own and have never created action items or ask lists that are tailored for their own cases. We have always used the meeting opportunities with administration and lawmakers to discuss problems faced by the community rather than an individual and discussed solutions that will benefit the community rather than an individual.
Only once we start thinking like a community can we succeed. Else there will be divisions in the community. EB2s and EB3 will argue with each other. People will leave IV once they get their own GC or even do not care about others waiting in behind them. The fact that not even one thousand members have contributed a nominal $5 in the latest campaign tells us something.
I hope this post at least makes a difference in the next Ombudsman call.
I have been in a couple of calls in the past and have more or less decided to stay away from them. Here are some of my reasons:
Most callers come to these calls to ask questions on their own personal case and think as if Ombudsman office will solve their problem in the call. This does not happen. They are always asked to contact the office using a form if they want any answer about their own case. Even the callers waiting for their turn to ask questions do not take the clue and still continue to ask questions about their case status and get the same standard answers. This in my opinion is a waste of time and opportunity our community gets to interface with Obudsman’s office.
In the past the call topics were very different from the questions asked and people never cared to stay within the agenda. Even in yesterday’s call, how many of us really read the Ombudsman’s 2008 report before going to the call and asked questions about the report , discussed inefficiencies in the system and asked progress on the steps being taken to improve them?
If most of the call time is wasted in individual case questions and standard responses, we will never get a chance to fix the system and help ourselves and everyone. The community needs to rise above their own selfish interests and think as a community. IV core has always put community’s interest before their own and have never created action items or ask lists that are tailored for their own cases. We have always used the meeting opportunities with administration and lawmakers to discuss problems faced by the community rather than an individual and discussed solutions that will benefit the community rather than an individual.
Only once we start thinking like a community can we succeed. Else there will be divisions in the community. EB2s and EB3 will argue with each other. People will leave IV once they get their own GC or even do not care about others waiting in behind them. The fact that not even one thousand members have contributed a nominal $5 in the latest campaign tells us something.
I hope this post at least makes a difference in the next Ombudsman call.
more...
AB1275
12-18 10:07 AM
For MTR - Brief / Evidence need to be given within 30 days of denial.
For Appeal - A brief statement of what the error with the decision or what the new evidence is needed in the form, later actual evidences can be given within 30 days of filing form 290(B).
In either case, 290(B) have to be filed to keep it going.
Both Appeal and MTR should be sent to the service that made unfavorable change and later on when additional evidences are sent they need to be send to AAO directly.
Hope this helps.
Thank you for the suggestion.....From what I understand from it, the evidence for MTR has to be filed with the MTR and cant be filed later. Is that right? If so, then my only choice is Appeal since my W-2 will not reach me before the due date of the 290B.
For Appeal - A brief statement of what the error with the decision or what the new evidence is needed in the form, later actual evidences can be given within 30 days of filing form 290(B).
In either case, 290(B) have to be filed to keep it going.
Both Appeal and MTR should be sent to the service that made unfavorable change and later on when additional evidences are sent they need to be send to AAO directly.
Hope this helps.
Thank you for the suggestion.....From what I understand from it, the evidence for MTR has to be filed with the MTR and cant be filed later. Is that right? If so, then my only choice is Appeal since my W-2 will not reach me before the due date of the 290B.
pcs
07-31 01:51 PM
Please share the info
thanks
thanks
more...
mhb
05-31 01:11 PM
doing it right now...
loudoggs
07-31 06:51 PM
My lawyer also did not file EAD/AP along with the AOS application. The USCIS FAQ 2 says that you can file without the I-485 receipt but you do need proof of delivery. Has the lawyer given you the FedEx / UPS delivery receipt?
In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:
My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:
My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
more...
iwantgc
05-08 10:15 AM
Hello all,
While I was out, the office of Congress called my home last night in regards to the email i sent them a month ago about the GC retrogression and H1B shortage. They asked me to return their call, I hold off calling them back because I'm confused of what to say, the thing is i don't want to disclose where I work (don't want to get my company involved). But really I am not sure what they have called me for given that email i sent them. Any ideas would be appreciated.
While I was out, the office of Congress called my home last night in regards to the email i sent them a month ago about the GC retrogression and H1B shortage. They asked me to return their call, I hold off calling them back because I'm confused of what to say, the thing is i don't want to disclose where I work (don't want to get my company involved). But really I am not sure what they have called me for given that email i sent them. Any ideas would be appreciated.
ski_dude12
07-16 09:33 AM
see Greg Siskind's blog :
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:
- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack
One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.
Please change the misleading title. Already lot of people are frustrated with this flip-flop and posting something with a misleading title will make things worse.
Thanks,
-Ski
http://blogs.ilw.com/gregsiskind/
An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting
Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.
This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:
- fighting multiple lawsuits including at least two class action matters
- staving off congressional hearings and the release of embarrassing documents
- answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack
One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.
Please change the misleading title. Already lot of people are frustrated with this flip-flop and posting something with a misleading title will make things worse.
Thanks,
-Ski
more...
adreg
06-05 10:22 AM
If it makes you feel better -- its 11 years for us :). And no Labor Cert since I am black-logged at PBEC. So we need the annual H1B extension ritual :(
Yep, if CIR falls apart its pack-your-bags-and-go-home for us.
Yep, if CIR falls apart its pack-your-bags-and-go-home for us.
logiclife
02-01 06:40 PM
It doesnt matter who the President is, on issues of legal skilled immigration.
Immigration reform, like any other big reform, needs changes in laws, which needs initiations and actions from CONGRESS.
In Congress, we have a presistent problem of a filibustering senate.
What we need in 2008 elections is the kind of senators who oppose us to lose elections and pro-immigration senators to win elections. Not only that, if one party gets over 55-57 senators, then filibuster threat is mitigated severly, because its easy to find 3-4 senators from minority party to break ranks and vote FOR a particular bill or amendment.
So what you need is a heavily tilted senate that has over 55 senators of just one party so that they can overcome filibuster and legislate big fixes for a change rather than naming post-offices and passing budgets.
The senate has 100 seats, with each senator facing election every 6 years. So each election cycle (every 2 years) there are one third of senators facing re-election.
This time, there are 34 senators facing re-election. Out of this 22 are Republicans and 12 are Democrats. Republicans have more seats to defend then Democrats. Plus about 4-5 Republicans are retiring so its easier to pick up those seats for Democrats than to beat a sitting senator.
If a Democratic tide takes place, then senate could tilt heavily Democratic in 2008 and would take care of filibuster issue where each measure needs 60 votes to pass. Nonetheless, you have to remember that Democrats or Republicans are easily divided when legislating immigration and it has a way of dividing parties like no other. Last year, Immigration CIR bill faced opposition from both sides - Republican and Democratic.
THIS IS NOT AN ENDORSEMENT OR SUPPORT OF ANY KIND FOR ANY PARTY OR CANDIDATE. IV is NEUTRAL AND IT ALWAYS HAS BEEN.
Immigration reform, like any other big reform, needs changes in laws, which needs initiations and actions from CONGRESS.
In Congress, we have a presistent problem of a filibustering senate.
What we need in 2008 elections is the kind of senators who oppose us to lose elections and pro-immigration senators to win elections. Not only that, if one party gets over 55-57 senators, then filibuster threat is mitigated severly, because its easy to find 3-4 senators from minority party to break ranks and vote FOR a particular bill or amendment.
So what you need is a heavily tilted senate that has over 55 senators of just one party so that they can overcome filibuster and legislate big fixes for a change rather than naming post-offices and passing budgets.
The senate has 100 seats, with each senator facing election every 6 years. So each election cycle (every 2 years) there are one third of senators facing re-election.
This time, there are 34 senators facing re-election. Out of this 22 are Republicans and 12 are Democrats. Republicans have more seats to defend then Democrats. Plus about 4-5 Republicans are retiring so its easier to pick up those seats for Democrats than to beat a sitting senator.
If a Democratic tide takes place, then senate could tilt heavily Democratic in 2008 and would take care of filibuster issue where each measure needs 60 votes to pass. Nonetheless, you have to remember that Democrats or Republicans are easily divided when legislating immigration and it has a way of dividing parties like no other. Last year, Immigration CIR bill faced opposition from both sides - Republican and Democratic.
THIS IS NOT AN ENDORSEMENT OR SUPPORT OF ANY KIND FOR ANY PARTY OR CANDIDATE. IV is NEUTRAL AND IT ALWAYS HAS BEEN.
more...
stevensjd
04-28 11:59 AM
My wife came at JFK airport on AP in AI flight BOM to NYC. she did not have any issue at all.
She was on H1b until Aug 2008. After laid off she is on EAD and AP. She is not working since then.
I was worried that they may ask couple of questions but it was very smooth.
She was on H1b until Aug 2008. After laid off she is on EAD and AP. She is not working since then.
I was worried that they may ask couple of questions but it was very smooth.
mhathi
11-09 01:58 PM
Have sceintific journal/grant proposal writing skills and am good at Powerpoint. Will be glad to help.
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sdrblr
07-06 02:26 PM
you can enter in AP, but you cannot work on H1B status. You need an EAD. You can work in H1B status if you enter in H1B.
Are you sure on this?
I am not 100% sure but I remember reading here or on immig portal.com that you can enter on AP and still use H1 to work. Can somebody please clarify.
Are you sure on this?
I am not 100% sure but I remember reading here or on immig portal.com that you can enter on AP and still use H1 to work. Can somebody please clarify.
pbojja
08-04 04:18 PM
[QUOTE=aamchimumbai;266413]All,
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
What makes you think I-140/485 July filers are lucky ? Our cases are straight forward and we are able to file in July 07 .
I m sorry to be little rude but you can just post a question with out mentioning how lucky others are or not .
I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!
What makes you think I-140/485 July filers are lucky ? Our cases are straight forward and we are able to file in July 07 .
I m sorry to be little rude but you can just post a question with out mentioning how lucky others are or not .
more...
harrydr
07-12 02:32 AM
Situation:
Currently working full time on H1-B with I-140 approved already with company A. Cannot file 485 due to retrogression.
Want to work with company B part time,but need to file another H1-B part time.
My question is:
Will filling for a 2nd H1-B for comapny B (part time) without talking to the lawyer of Company A affect my first H1-B in anyway what so ever. Or are the 2 cases entirely separate and will not be linked by USCIS. Thanks in advance for assisting me on this situation.
Currently working full time on H1-B with I-140 approved already with company A. Cannot file 485 due to retrogression.
Want to work with company B part time,but need to file another H1-B part time.
My question is:
Will filling for a 2nd H1-B for comapny B (part time) without talking to the lawyer of Company A affect my first H1-B in anyway what so ever. Or are the 2 cases entirely separate and will not be linked by USCIS. Thanks in advance for assisting me on this situation.
yabadaba
09-26 09:02 PM
Cool down yabadaba. No need to generalise stuff.
There are cases where people who are qualified to be in EB2 were put in EB3 for xyz reasons. To assume that everyone who does a category switch or PD switch or labor substitution is exploiting the system is an incorrect assumption.
OP feels he is in bad shape - the least you can do is to be a nice person and either ignore his post or to give him moral support at the least.
Regarding what my views are about what has pissed you off so much, well, this is not the right thread to talk about it - so I'll keep it to myself.
OP - If you can provide more details about your case, it will be helpful.
what exactly is it then if it is not exploitation of the system? time and time again we have line jumpers which ends up causing problems for the other indians. time and time again we hear the crab story and thats what we have become collectively. if u didnt file in the category you are in for whatever reason, be it that your lawyer thought of playing it safe or whatever...you are in that category now. just wait in line for your turn.
There are cases where people who are qualified to be in EB2 were put in EB3 for xyz reasons. To assume that everyone who does a category switch or PD switch or labor substitution is exploiting the system is an incorrect assumption.
OP feels he is in bad shape - the least you can do is to be a nice person and either ignore his post or to give him moral support at the least.
Regarding what my views are about what has pissed you off so much, well, this is not the right thread to talk about it - so I'll keep it to myself.
OP - If you can provide more details about your case, it will be helpful.
what exactly is it then if it is not exploitation of the system? time and time again we have line jumpers which ends up causing problems for the other indians. time and time again we hear the crab story and thats what we have become collectively. if u didnt file in the category you are in for whatever reason, be it that your lawyer thought of playing it safe or whatever...you are in that category now. just wait in line for your turn.
pcs
07-30 04:11 PM
I like many others got a PERM labor & got 140 based on PERM labor.
Recenty , I applied 485 (based on this 140 )in this mad rush
Meanwhile, I have also received Labor approval ( from the same employer) from backlog center with an EARLIER PD .
The question is ..... Can I change the PD based on EARLIER PD after I have filed 485 ?????
I am sure many of us double PDs & might need to find an answer to this ?
can someone help ??
Thanks
Recenty , I applied 485 (based on this 140 )in this mad rush
Meanwhile, I have also received Labor approval ( from the same employer) from backlog center with an EARLIER PD .
The question is ..... Can I change the PD based on EARLIER PD after I have filed 485 ?????
I am sure many of us double PDs & might need to find an answer to this ?
can someone help ??
Thanks
ras
05-24 12:12 PM
Please go through this (http://www.immigration-information.com/forums/showthread.php?t=5192)and reanalyze if you really want to go to H1 from EAD ....
The reason we want to maintain is to get the spouse to USA on H4. I am not sure if there is other ways of bringing the spouse to USA while on EAD/AOS
Is this not a good reason to be on H1?
The link really doesn't say anything about this situation.
The reason we want to maintain is to get the spouse to USA on H4. I am not sure if there is other ways of bringing the spouse to USA while on EAD/AOS
Is this not a good reason to be on H1?
The link really doesn't say anything about this situation.
shx
04-28 05:25 PM
This statement is utter nonsense.
Can you please explain why it is utter nonsense? I think you have very strong reasons for saying so. Would like to hear from you.
Thanks!
Can you please explain why it is utter nonsense? I think you have very strong reasons for saying so. Would like to hear from you.
Thanks!
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