Canadian_Dream
06-18 02:31 PM
That's NOT right. AC-21 Yates Memo states that:
As long as your I-140 is not revoked and your I-485 is NOT adjudicated with in 6 months, you are covered by AC-21 portability law. That means you can change jobs before six months (with or without EAD) and still continue with you GC process.
The chances of I-485 being adjudicated in six month is quite low. Stick to your current job for 2 months, remain on payroll for few months by forgoing PTO/Severance. That would give you 3-4 months. Then change your job with H1B and let your I-140/I-485 continue as it is. Send AC-21 letter at the end of 5th month. I think you should stick to your current employer.
Please check old thread on AC-21 discussions and the following link should be useful.
http://www.murthy.com/news/n_yatmay.html
To invoke, AC21 you should have filed 485 and passed 180 days.
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
As long as your I-140 is not revoked and your I-485 is NOT adjudicated with in 6 months, you are covered by AC-21 portability law. That means you can change jobs before six months (with or without EAD) and still continue with you GC process.
The chances of I-485 being adjudicated in six month is quite low. Stick to your current job for 2 months, remain on payroll for few months by forgoing PTO/Severance. That would give you 3-4 months. Then change your job with H1B and let your I-140/I-485 continue as it is. Send AC-21 letter at the end of 5th month. I think you should stick to your current employer.
Please check old thread on AC-21 discussions and the following link should be useful.
http://www.murthy.com/news/n_yatmay.html
To invoke, AC21 you should have filed 485 and passed 180 days.
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
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dpsg
04-05 01:10 AM
All,
I posted another thread asking folks to thank core members for their sacrifice and great leadership. But at the same time few members like to "excercise their
freedom of voice" & We should all agree that constructive debate & sometimes criticism brings in new ideas and better path.
We should define ground rules for ourselves which will lead to efficient use of core members time:
1) Ensure that we make every effort to find answer before asking question/suggestion/complaint.
2) Keep one long thread without duplication.
3) Understand that Core members have job/family , so they have limited bandwidth .. please exercise patience.
4) Maintain civil constructive discourse, Which has a referanceble information if You want to send a link to a lawmaker or any other authority/influencer/potential volunteer or help someone become a wellwisher.
5) Understand the limitations of IV/lobbyist , So help them to make things happen & don't expect gurantees.
6) Never use derogatory remarks, even against proven distractors.
7) Please put forward only genuine concerns clearly to avoid misunderstanding
8) Ignore "whiners", But fully respect people with genuine concern/objection.
9) Please put forward only thoughts relevent to scope of current forum/discussion..
.. eg. "Discussing the gramatical mistake of someone's message is not relavent to this forum .." .
10) Always keep in mind that this is public forum , so It is our responsibility to show ourselves collectively in positive light
by not only passionate for our cause , But also professional in our responses.
11) Try to propose ideas which are attainable/pragmatic or You can add words like "I would like to see".
Definately All of us want some resolution out of this problem, But setting too aggresive milestones may results in
taking off eyeballs from low hanging fruit, wich IV is going after to begin with.
Please add other ground rules, So that we can have a good platform to discuss our issues and influence the working of IV to begin with & US congress eventually.Thisshould be good forum for members like me, who can't fully participate because of demanding schedule, others please participate other ways too.
I posted another thread asking folks to thank core members for their sacrifice and great leadership. But at the same time few members like to "excercise their
freedom of voice" & We should all agree that constructive debate & sometimes criticism brings in new ideas and better path.
We should define ground rules for ourselves which will lead to efficient use of core members time:
1) Ensure that we make every effort to find answer before asking question/suggestion/complaint.
2) Keep one long thread without duplication.
3) Understand that Core members have job/family , so they have limited bandwidth .. please exercise patience.
4) Maintain civil constructive discourse, Which has a referanceble information if You want to send a link to a lawmaker or any other authority/influencer/potential volunteer or help someone become a wellwisher.
5) Understand the limitations of IV/lobbyist , So help them to make things happen & don't expect gurantees.
6) Never use derogatory remarks, even against proven distractors.
7) Please put forward only genuine concerns clearly to avoid misunderstanding
8) Ignore "whiners", But fully respect people with genuine concern/objection.
9) Please put forward only thoughts relevent to scope of current forum/discussion..
.. eg. "Discussing the gramatical mistake of someone's message is not relavent to this forum .." .
10) Always keep in mind that this is public forum , so It is our responsibility to show ourselves collectively in positive light
by not only passionate for our cause , But also professional in our responses.
11) Try to propose ideas which are attainable/pragmatic or You can add words like "I would like to see".
Definately All of us want some resolution out of this problem, But setting too aggresive milestones may results in
taking off eyeballs from low hanging fruit, wich IV is going after to begin with.
Please add other ground rules, So that we can have a good platform to discuss our issues and influence the working of IV to begin with & US congress eventually.Thisshould be good forum for members like me, who can't fully participate because of demanding schedule, others please participate other ways too.
delhirocks
07-05 01:10 PM
CNN is asking us to fix our(India) country first before asking for justice in this(USA) country..............
http://www.cnn.com/2007/WORLD/asiapcf/07/05/damon.india.widows/index.html
that is what CNN is doing now.........
This has nothing to do with our situation. Situation described in the artlicle above is far worse than what we face. Please mantain the perspective.
http://www.cnn.com/2007/WORLD/asiapcf/07/05/damon.india.widows/index.html
that is what CNN is doing now.........
This has nothing to do with our situation. Situation described in the artlicle above is far worse than what we face. Please mantain the perspective.
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aranya
03-09 03:07 PM
Hi,
Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)
This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).
Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,
they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.
1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?
2. Should i ask for a job offer later stating a new hire date of Oct 1st?
3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.
Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.
Will appreciate any feedback on my 3 questions/concerns above - than ks.
I was in a similar position a few years ago. I had to be at home for 1 month.
From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.
1] Most jobs are at-will meaning there is no real way to "protect your job".
2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.
3] They must have talked to their immigration attorney who set them straight about LOA etc.
As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.
As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".
Good luck.
Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)
This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).
Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,
they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.
1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?
2. Should i ask for a job offer later stating a new hire date of Oct 1st?
3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.
Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.
Will appreciate any feedback on my 3 questions/concerns above - than ks.
I was in a similar position a few years ago. I had to be at home for 1 month.
From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.
1] Most jobs are at-will meaning there is no real way to "protect your job".
2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.
3] They must have talked to their immigration attorney who set them straight about LOA etc.
As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.
As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".
Good luck.
more...
BharatPremi
12-20 01:56 PM
One SHOULD do change of address as under.
1) Fill AR-11 online
2) Mail AR-11 (Delivery Signature proof)
3) Call USCIS for change of address
4) Within a week take Infopass appointment to verify whether address is
changed or not.
1) Fill AR-11 online
2) Mail AR-11 (Delivery Signature proof)
3) Call USCIS for change of address
4) Within a week take Infopass appointment to verify whether address is
changed or not.
uma001
11-07 12:44 PM
Ajay,
Same is the case with me. I work for fortune 600 employer. My employer stopped filing PERM just before filing after ads are posted stating the same reason - unemployment rate too high. I thought he was just BS ing with me.Looks like he was honest. This happened in jan 2009. Even now, they are not willing to file PERM. My 6 year term expires in July 2012. So I still have some buffer to file for green card. My VP said ' we have got candidates, so we cannot file green card for you now.we will see after 6 months if job market recovers'. I dont think it is good time to file PERM.
Hi All,
Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.
1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.
2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?
3. How long I can continue with future employment in the GC process?
4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?
5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.
All the best!!!
-
Regards
Ajaykumar
Same is the case with me. I work for fortune 600 employer. My employer stopped filing PERM just before filing after ads are posted stating the same reason - unemployment rate too high. I thought he was just BS ing with me.Looks like he was honest. This happened in jan 2009. Even now, they are not willing to file PERM. My 6 year term expires in July 2012. So I still have some buffer to file for green card. My VP said ' we have got candidates, so we cannot file green card for you now.we will see after 6 months if job market recovers'. I dont think it is good time to file PERM.
Hi All,
Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.
1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.
2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?
3. How long I can continue with future employment in the GC process?
4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?
5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.
All the best!!!
-
Regards
Ajaykumar
more...
ARUNRAMANATHAN
09-24 04:56 PM
USCIS dont care ...so dont worry !
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wait4ever
11-21 11:58 AM
Don't hide anonymously like a Turkey. Eat Turkey (Fight for your cause)
Happy Thanksgiving
Bush just pardoned a Turkey - that Turkey could be a GC Holder very fast !!;) - I understand that it is headed to Baltimore - can the Balitmore chapter use it as a mascot ? !!!
Happy Thanksgiving
Bush just pardoned a Turkey - that Turkey could be a GC Holder very fast !!;) - I understand that it is headed to Baltimore - can the Balitmore chapter use it as a mascot ? !!!
more...
seahawks
11-02 10:33 AM
The meeting was awesome, of course we kept food out of the equation to be more focussed and lack to time during a weekday so we did not meet in a food court or a restaurant and decided to meet instead in a library meeting room:). I think the chapter is maturing quickly though.
It was a wonderful brain storming session with ideas to take this chapter forward. We also had everyone wanting to take up tasks and really wanting to do whatever it takes to get this going.I did send the meeting minutes to everyone attended to get their review done. I have also send it to the leadership group. I am very happy with the members who met and the interesting ideas, thoughts and energy that they bring into this chapter.
I will be sending out the meeting minutes to the rest of the state chapter members sometime this weekend once I get the minutes reviewed by the attendees.
I want to thank everyone from IV for making this happen, the constant support from everyone outside this state from core team, the chapter leads and everyone who believed in us. Wanted to thank the members who showed up and the member who could not but really wanted to due to trick or treat or being a weekday and driving distance from Portland. The next meeting will be a weekend, specifically a Saturday to make sure we get maximum members who really want to make a difference!
Yes, Vandana took pictures, will post soon.
It was a wonderful brain storming session with ideas to take this chapter forward. We also had everyone wanting to take up tasks and really wanting to do whatever it takes to get this going.I did send the meeting minutes to everyone attended to get their review done. I have also send it to the leadership group. I am very happy with the members who met and the interesting ideas, thoughts and energy that they bring into this chapter.
I will be sending out the meeting minutes to the rest of the state chapter members sometime this weekend once I get the minutes reviewed by the attendees.
I want to thank everyone from IV for making this happen, the constant support from everyone outside this state from core team, the chapter leads and everyone who believed in us. Wanted to thank the members who showed up and the member who could not but really wanted to due to trick or treat or being a weekday and driving distance from Portland. The next meeting will be a weekend, specifically a Saturday to make sure we get maximum members who really want to make a difference!
Yes, Vandana took pictures, will post soon.
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logiclife
01-09 11:26 AM
Thanks.
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smartboy75
10-17 04:06 PM
Let me add one more wrinkle:
Do you guys think I would lose my right to use EAD if I move to another employer by transferring my H1B? (I still have 2 years on it).
Please research the forumn for answer to your question...has been discussed a lot of times before...
To answer in short...You will loose your right to use EAD if your I40 is still pending and your employer decides to revoke it...
Do you guys think I would lose my right to use EAD if I move to another employer by transferring my H1B? (I still have 2 years on it).
Please research the forumn for answer to your question...has been discussed a lot of times before...
To answer in short...You will loose your right to use EAD if your I40 is still pending and your employer decides to revoke it...
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victory123
05-15 12:14 PM
Hi, I had similar thing, my case status still shows "case transferred from VSCt to TSC as they now have jurisdiction, decision will be taken etc' my case was approved in 2006, the lud was 3/23/2009 and after that it is still the same, noclue as to waht would have triggered this for an approved case, two things could have happened per me (Own views)- employer revoked 140 or regular cleanup of files from VSC as they no longer do 140s..also what is meant by PE in you status...keep me posted.
Cheers
Cheers
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mita
08-22 08:16 PM
Enjoy your green!!!
Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)
Got approval emails on August 14th, received approval notice by mail on August 20th, and finally got the physical green cards by mail today.:)
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laksmi
01-08 12:43 PM
start with SSN
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amitga
11-03 11:18 AM
I hear they will try again to attach the provisions to other bills. Hopefully we will jump in too. Kudos to iv's efforts. If I can sit pretty for the moment with a 485 filed it's thanks to IV. Please keep going.
Where did you hear this ?
Where did you hear this ?
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nmdial
02-21 05:40 PM
Dear Praveen,
I haven't yet printed out the form, however, the following page should help you. It is my understanding that you would be able to save the form locally in a format that can be opened only through the Department of State's website. Once you have completed the form, you would be able to print it out. Please check this site for further queries:
Frequently Asked Questions for the Online DS-160 Nonimmigrant Visa Electronic Application (http://travel.state.gov/visa/frvi/forms/forms_4401.html)
Hope this helps,
All the best and regards,
nmdial
I haven't yet printed out the form, however, the following page should help you. It is my understanding that you would be able to save the form locally in a format that can be opened only through the Department of State's website. Once you have completed the form, you would be able to print it out. Please check this site for further queries:
Frequently Asked Questions for the Online DS-160 Nonimmigrant Visa Electronic Application (http://travel.state.gov/visa/frvi/forms/forms_4401.html)
Hope this helps,
All the best and regards,
nmdial
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ramus
09-07 09:22 AM
Please take a part in DC rally...
Time to wake up..
Time to wake up..
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anilkumar0902
08-26 11:59 PM
got similar RFE
for application original signature
identity documents
i efiled my 765 and on aug 3rd i got my rfe , i took print out of efiled copy signed it and wrote a cover letter and attached ead copy,ssn copy and passport copy
and sent it.
they received my response but havent updated my case yet...waiting for it..
please let me know anyone else has similar issues and what was the result..
These days...the status online remains in Reponse received for RFE...once the service center reviews your response..they usually respond back. If you are getting into a job loss risk due to the lack of EAD, then you should create an expedite SR.
Cheers
for application original signature
identity documents
i efiled my 765 and on aug 3rd i got my rfe , i took print out of efiled copy signed it and wrote a cover letter and attached ead copy,ssn copy and passport copy
and sent it.
they received my response but havent updated my case yet...waiting for it..
please let me know anyone else has similar issues and what was the result..
These days...the status online remains in Reponse received for RFE...once the service center reviews your response..they usually respond back. If you are getting into a job loss risk due to the lack of EAD, then you should create an expedite SR.
Cheers
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skalra
03-19 11:06 PM
If you have advance parole, check with your lawyer if you can use AP to come back. Now that you applied for stamping, AVR is out of question but AP is still an option.
I am going to Toronto next month and was thinking of getting my visa stamped, but after hearing few horror stories, I am inclined towards using AVR or AP to come back.
I am going to Toronto next month and was thinking of getting my visa stamped, but after hearing few horror stories, I am inclined towards using AVR or AP to come back.
arnet
09-13 02:28 PM
Started this thread just to encourage us after oct bulletin:
We know that unless a bill is passed (SKIL), retrogression issue cant be solved. It is not an easier task to accomplish but a task that needs more courage and efforts. Each time when we see the visa bulletin with no movement in dates, we feel more depressed but we should always remember this, no matter how many times we fall or pushed back, our goal is to get up and move with more strength. Now everyone is going through tough phases of life in one way or the other. This is not new for us, we have dealt this type of problems before.
As people say: "good things will happen to those who wait". Our team efforts (in IV), our hard work and prayers will definitely move the mountains. All we need now is faith and patience so that we can put focussed efforts to pass this SKIL bill by end of this year. Soon we will find ways to achieve this.
We know that unless a bill is passed (SKIL), retrogression issue cant be solved. It is not an easier task to accomplish but a task that needs more courage and efforts. Each time when we see the visa bulletin with no movement in dates, we feel more depressed but we should always remember this, no matter how many times we fall or pushed back, our goal is to get up and move with more strength. Now everyone is going through tough phases of life in one way or the other. This is not new for us, we have dealt this type of problems before.
As people say: "good things will happen to those who wait". Our team efforts (in IV), our hard work and prayers will definitely move the mountains. All we need now is faith and patience so that we can put focussed efforts to pass this SKIL bill by end of this year. Soon we will find ways to achieve this.
uma001
05-07 10:30 AM
May I know on what basis you are recommending this. Do you have any legal basis.?
What do you mean by legal basis. He agreed to pay $2 to company A (in email) until the project ends. If this is correct, he should continue paying $2 to company A. Since the OP stopped paying $2 , company A wants to make sure that the project ended.
Ofcourse, Since thee is no contract or agreement between company A and OP, no need to pay $2. But that is not fair on his part. Company A is not asking for 25-40% from billing, He just asked for $2 per hour.
What do you mean by legal basis. He agreed to pay $2 to company A (in email) until the project ends. If this is correct, he should continue paying $2 to company A. Since the OP stopped paying $2 , company A wants to make sure that the project ended.
Ofcourse, Since thee is no contract or agreement between company A and OP, no need to pay $2. But that is not fair on his part. Company A is not asking for 25-40% from billing, He just asked for $2 per hour.
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